II 

Calendar No. 186 

110TH CONGRESS 

1ST SESSION S. 1548 

To authorize appropriations for fiscal year 2008 for military activities of 

the Department of Defense, to prescribe military personnel strengths 

for such fiscal year, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 5, 2007 

Mr. LEVIN, from the Committee on Armed Services, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

To authorize appropriations for fiscal year 2008 for military 

activities of the Department of Defense, to prescribe 

military personnel strengths for such fiscal year, and 

for other purposes. 

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. 

4 This Act may be cited as the ‘‘Department of Defense 

5 Authorization Act for Fiscal Year 2008’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 


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Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Congressional defense committees. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. Rapid Acquisition Fund. 

Subtitle B—Army Programs 

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

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

vehicle upgrades. 

Sec. 113. Stryker Mobile Gun System. 

Sec. 114. Consolidation of Joint Network Node program and Warfighter Information Network–Tactical program into single Army tactical 

network program. 

Subtitle C—Navy Programs 

Sec. 131. Multiyear procurement authority for Virginia class submarine program. 

Subtitle D—Air Force Programs 

Sec. 141. Limitation on retirement of C–130E/H tactical airlift aircraft. 

Sec. 142. Limitation on retirement of KC–135E aerial refueling aircraft. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for defense science and technology. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Advanced Sensor Applications Program. 

Sec. 212. Active protection systems. 

Sec. 213. Obligation and expenditure of funds for competitive procurement of 

propulsion system for the Joint Strike Fighter. 

Subtitle C—Missile Defense Programs 

Sec. 231. Limitation on availability of funds for procurement, construction, and 

deployment of missile defenses in Europe. 

Sec. 232. Limitation on availability of funds for deployment of missile defense 

interceptors in Alaska. 

Sec. 233. Budget and acquisition requirements for Missile Defense Agency activities. 


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Sec. 234. Participation of Director, Operational Test and Evaluation, in missile 

defense test and evaluation activities. 

Sec. 235. Extension of Comptroller General assessments of ballistic missile defense programs. 

Subtitle D—Other Matters 

Sec. 251. Modification of notice and wait requirement for obligation of funds 

for foreign comparative test program. 

Sec. 252. Modification of cost sharing requirement for Technology Transition 

Initiative. 

Sec. 253. Strategic plan for the Manufacturing Technology Program. 

Sec. 254. Modification of authorities on coordination of Defense Experimental 

Program to Stimulate Competitive Research with similar Federal programs. 

Sec. 255. Enhancement of defense nanotechnology research and development 

program. 

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. 

Subtitle C—Program Requirements, Restrictions, and Limitations 

Sec. 321. Availability of funds in Defense Information Systems Agency Working Capital Fund for technology upgrades to Defense Information Systems Network. 

Sec. 322. Extension of temporary authority for contract performance of security guard functions. 

Sec. 323. Report on incremental cost of early 2007 enhanced deployment. 

Sec. 324. Individual body armor. 

Subtitle D—Workplace and Depot Issues 

Sec. 341. Extension of authority for Army industrial facilities to engage in cooperative activities with non-Army entities. 

Sec. 342. Two-year extension of Arsenal Support Demonstration Program. 

Subtitle E—Other Matters 

Sec. 351. Enhancement of corrosion control and prevention functions within 

Department of Defense. 

Sec. 352. Reimbursement for National Guard support provided to Federal 

agencies. 


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Sec. 353. Reauthorization of Aviation Insurance Program. 

Sec. 354. Property accountability and disposition of unlawfully obtained property of the Armed Forces. 

Sec. 355. Authority to impose reasonable conditions on the payment of full replacement value for claims related to personal property transported at Government expense. 

Sec. 356. Authority for individuals to retain combat uniforms issued in connection with contingency operations. 

Sec. 357. Modification of requirements on Comptroller General report on the 

readiness of Army and Marine Corps ground forces. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

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

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

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

duty for operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Increase in authorized strengths for Army officers on active duty in 

the grade of major to meet force structure requirements. 

Sec. 502. Increase in authorized strengths for Navy officers on active duty in 

grades of lieutenant commander, commander, and captain to 

meet force structure requirements. 

Sec. 503. Expansion of exclusion of military permanent professors from 

strength limitations for officers below general and flag grades. 

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

continued on active duty. 

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

Sec. 506. Increase in authorized number of permanent professors at the United 

States Military Academy. 

Sec. 507. Expansion of authority for reenlistment of officers in their former enlisted grade. 

Sec. 508. Enhanced authority for reserve general and flag officers to serve on 

active duty. 

Sec. 509. Promotion of career military professors of the Navy. 

Subtitle B—Enlisted Personnel Policy 

Sec. 521. Increase in authorized daily average of number of members in pay 

grade E–9. 


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Subtitle C—Reserve Component Management 

Sec. 531. Revised designation, structure, and functions of the Reserve Forces 

Policy Board. 

Sec. 532. Charter for the National Guard Bureau. 

Sec. 533. Appointment, grade, duties, and retirement of the Chief of the National Guard Bureau. 

Sec. 534. Mandatory separation for years of service of Reserve officers in the 

grade of lieutenant general or vice admiral. 

Sec. 535. Increase in period of temporary Federal recognition as officers of the 

National Guard from six to twelve months. 

Subtitle D—Education and Training 

Sec. 551. Grade and service credit of commissioned officers in uniformed medical accession programs. 

Sec. 552. Expansion of number of academies supportable in any State under 

STARBASE program. 

Sec. 553. Repeal of post-2007–2008 academic year prohibition on phased increase in cadet strength limit at the United States Military 

Academy. 

Sec. 554. Treatment of Southold, Mattituck, and Greenport High Schools, 

Southold, New York, as single institution for purposes of maintaining a Junior Reserve Officers’ Training Corps unit. 

Subtitle E—Defense Dependents’ Education Matters 

Sec. 561. Continuation of authority to assist local educational agencies that 

benefit dependents of members of the Armed Forces and Department of Defense civilian employees. 

Sec. 562. Impact aid for children with severe disabilities. 

Sec. 563. Inclusion of dependents of non-Department of Defense employees employed on Federal property in plan relating to force structure 

changes, relocation of military units, or base closures and realignments. 

Sec. 564. Authority for payment of private boarding school tuition for military 

dependents in overseas areas not served by Department of Defense dependents’ schools. 

Subtitle F—Military Justice and Legal Assistance Matters 

Sec. 571. Authority of judges of the United States Court of Appeals for the 

Armed Forces to administer oaths. 

Sec. 572. Military legal assistance for Department of Defense civilian employees 

in areas without access to non-military legal assistance. 

Sec. 573. Modification of authorities on senior members of the Judge Advocate 

Generals’ corps. 

Subtitle G—Military Family Readiness 

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

Sec. 582. Department of Defense policy and plans for military family readiness. 

Subtitle H—Other Matters 

Sec. 591. Enhancement of carryover of accumulated leave for members of the 

Armed Forces. 

Sec. 592. Uniform policy on performances by military bands. 


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Sec. 593. Waiver of time limitations on award of Medals of Honor to certain 

members of the Army. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

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

Sec. 602. Allowance for participation of Reserves in electronic screening. 

Sec. 603. Midmonth payment of basic pay for contributions of members participating in Thrift Savings Plan. 

Subtitle B—Bonuses and Special and Incentive Pays 

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

forces. 

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

professionals. 

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

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

special pays. 

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

medical officers of the Armed Forces. 

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

Sec. 617. Enhancement of hardship duty pay. 

Sec. 618. Inclusion of service as off-cycle crewmember of multi-crewed ship in 

sea duty for career sea pay. 

Sec. 619. Modification of reenlistment bonus for members of the Selected Reserve. 

Sec. 620. Increase in years of commissioned service covered by agreements for 

nuclear-qualified officers extending periods of active duty. 

Sec. 621. Authority to waive 25-year active duty limit for retention bonus for 

critical military skills with respect to certain members. 

Sec. 622. Codification and improvement of authority to pay bonus to encourage 

members of the Army to refer other persons for enlistment in 

the Army. 

Sec. 623. Authority to pay bonus to encourage Department of Defense personnel to refer other persons for appointment as officers to 

serve in health professions. 

Sec. 624. Accession bonus for participants in Armed Forces Health Professions 

Scholarship and Financial Assistance program. 

Subtitle C—Travel and Transportation Allowances 

Sec. 641. Payment of expenses of travel to the United States for obstetrical 

purposes of dependents located in very remote locations outside 

the United States. 

Sec. 642. Payment of moving expenses for Junior Reserve Officers’ Training 

Corps instructors in hard-to-fill positions. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 651. Modification of scheme for payment of death gratuity payable with 

respect to members of the Armed Forces. 

Sec. 652. Annuities for guardians or caretakers of dependent children under 

Survivor Benefit Plan. 


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Sec. 653. Expansion of combat-related special compensation eligibility for chapter 61 military retirees. 

Sec. 654. Clarification of application of retired pay multiplier percentage to 

members of the uniformed services with over 30 years of service. 

Sec. 655. Commencement of receipt of non-regular service retired pay by members of the Ready Reserve on active Federal status or active 

duty for significant periods. 

Subtitle E—Education Benefits 

Sec. 671. Tuition assistance for off-duty training or education. 

Sec. 672. Expansion of Selected Reserve education loan repayment program. 

Subtitle F—Other Matters 

Sec. 681. Enhancement of authorities on income replacement payments for Reserves experiencing extended and frequent mobilization for active-duty service. 

Sec. 682. Overseas naturalization of military family members. 

TITLE VII—HEALTH CARE PROVISIONS 

Sec. 701. Inclusion of TRICARE retail pharmacy program in Federal procurement of pharmaceuticals. 

Sec. 702. Surveys on continued viability of TRICARE Standard and TRICARE 

Extra. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Provisions Relating to Major Defense Acquisition Programs 

Sec. 801. Substantial savings under multiyear contracts. 

Sec. 802. Changes to Milestone B certifications. 

Sec. 803. Comptroller General report on Department of Defense organization 

and structure for major defense acquisition programs. 

Sec. 804. Investment strategy for major defense acquisition programs. 

Sec. 805. Report on implementation of recommendations on total ownership 

cost for major weapon systems. 

Subtitle B—Amendments Relating to General Contracting Authorities, 

Procedures, and Limitations 

Sec. 821. Enhanced competition requirements for task and delivery order contracts. 

Sec. 822. Clarification of rules regarding the procurement of commercial items. 

Sec. 823. Clarification of rules regarding the procurement of commercial services. 

Sec. 824. Modification of competition requirements for purchases from Federal 

Prison Industries. 

Sec. 825. Five-year extension of authority to carry out certain prototype 

projects. 

Sec. 826. Multiyear procurement authority for electricity from renewable energy 

sources. 

Subtitle C—Acquisition Policy and Management 


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Sec. 841. Joint Requirements Oversight Council. 

Sec. 842. Management structure for the procurement of contract services. 

Sec. 843. Specification of amounts requested for procurement of contract services. 

Sec. 844. Department of Defense Acquisition Workforce Development Fund. 

Sec. 845. Inventories and reviews of contracts for services based on cost or time 

of performance. 

Sec. 846. Internal controls for procurements on behalf of the Department of 

Defense by certain non-defense agencies. 

Subtitle D—Department of Defense Contractor Matters 

Sec. 861. Protection for contractor employees from reprisal for disclosure of 

certain information. 

Sec. 862. Requirements for defense contractors relating to certain former Department of Defense officials. 

Sec. 863. Report on contractor ethics programs of major defense contractors. 

Sec. 864. Report on Department of Defense contracting with contractors or 

subcontractors employing members of the Selected Reserve. 

Subtitle E—Other Matters 

Sec. 871. Contractors performing private security functions in areas of combat 

operations. 

Sec. 872. Enhanced authority to acquire products and services produced in Iraq 

and Afghanistan. 

Sec. 873. Defense Science Board review of Department of Defense policies and 

procedures for the acquisition of information technology. 

Sec. 874. Enhancement and extension of acquisition authority for the unified 

combatant command for joint warfighting experimentation. 

Sec. 875. Repeal of requirement for identification of essential military items 

and military system essential item breakout list. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Repeal of limitation on major Department of Defense headquarters 

activities personnel. 

Sec. 902. Chief management officers of the Department of Defense. 

Sec. 903. Modification of background requirement of individuals appointed as 

Under Secretary of Defense for Acquisition, Technology, and 

Logistics. 

Sec. 904. Department of Defense Board of Actuaries. 

Sec. 905. Assistant Secretaries of the military departments for acquisition matters; principal military deputies. 

Sec. 906. Flexible authority for number of Army Deputy Chiefs of Staff and 

Assistant Chiefs of Staff. 

Sec. 907. Sense of Congress on term of office of the Director of Operational 

Test and Evaluation. 

Subtitle B—Space Matters 

Sec. 921. Space posture review. 

Sec. 922. Additional report on oversight of acquisition for defense space programs. 


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Subtitle C—Other Matters 

Sec. 931. Department of Defense consideration of effect of climate change on 

Department facilities, capabilities, and missions. 

Sec. 932. Board of Regents for the Uniformed Services University of the 

Health Sciences. 

Sec. 933. United States Military Cancer Institute. 

Sec. 934. Western Hemisphere Center for Excellence in Human Rights. 

Sec. 935. Inclusion of commanders of Western Hemisphere combatant commands in Board of Visitors of Western Hemisphere Institute 

for Security Cooperation. 

Sec. 936. Comptroller General assessment of proposed reorganization of the office of the Under Secretary of Defense for Policy. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Authorization of additional emergency supplemental appropriations 

for fiscal year 2007. 

Sec. 1003. Modification of fiscal year 2007 general transfer authority. 

Sec. 1004. United States contribution to NATO common-funded budgets in fiscal year 2008. 

Sec. 1005. Financial management transformation initiative for the Defense 

Agencies. 

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

of Defense. 

Sec. 1007. Extension of period for transfer of funds to Foreign Currency Fluctuations, Defense account. 

Subtitle B—Counter-Drug Activities 

Sec. 1011. Expansion of Department of Defense authority to provide support 

for counter-drug activities to certain additional foreign governments. 

Subtitle C—Miscellaneous Authorities and Limitations 

Sec. 1021. Enhancement of authority to pay rewards for assistance in combating terrorism. 

Sec. 1022. Repeal of modification of authorities relating to the use of the 

Armed Forces in major public emergencies. 

Sec. 1023. Procedures for Combatant Status Review Tribunals; modification of 

military commission authorities. 

Sec. 1024. Gift acceptance authority. 

Sec. 1025. Expansion of cooperative agreement authority for management of 

cultural resources. 

Sec. 1026. Minimum annual purchase amounts for airlift from carriers participating in the Civil Reserve Air Fleet. 

Sec. 1027. Provision of Air Force support and services to foreign military and 

state aircraft. 

Sec. 1028. Participation in Strategic Airlift Capability Partnership. 

Sec. 1029. Responsibility of the Air Force for fixed-wing support of Army 

intra-theater logistics. 

Sec. 1030. Prohibition on sale of parts for F–14 fighter aircraft. 


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Subtitle D—Reports 

Sec. 1041. Renewal of submittal of plans for prompt global strike capability. 

Sec. 1042. Report on threats to the United States from ungoverned areas. 

Sec. 1043. Study on national security interagency system. 

Subtitle E—Other Matters 

Sec. 1061. Revised nuclear posture review. 

Sec. 1062. Termination of Commission on the Implementation of the New Strategic Posture of the United States. 

Sec. 1063. Communications with the Committees on Armed Services of the 

Senate and the House of Representatives. 

Sec. 1064. Repeal of standards for disqualification from issuance of security 

clearances by the Department of Defense. 

Sec. 1065. Advisory panel on Department of Defense capabilities for support of 

civil authorities after certain incidents. 

Sec. 1066. Sense of Congress on the Western Hemisphere Institute for Security 

Cooperation. 

Sec. 1067. Technical amendments to title 10, United States Code, arising from 

enactment of the Intelligence Reform and Terrorism Prevention Act of 2004. 

Sec. 1068. Establishment of National Foreign Language Coordination Council. 

Sec. 1069. Qualifications for public aircraft status of aircraft under contract 

with the Armed Forces. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Compensation of Federal wage system employees for certain travel 

hours. 

Sec. 1102. Retirement service credit for service as cadet or midshipman at a 

military service academy. 

Sec. 1103. Continuation of life insurance coverage for Federal employees called 

to active duty. 

Sec. 1104. Department of Defense National Security Personnel System. 

Sec. 1105. Authority to waive limitation on premium pay for Federal civilian 

employees working overseas under areas of United States Central Command. 

Sec. 1106. Authority for inclusion of certain Office of Defense Research and 

Engineering positions in experimental personnel program for 

scientific and technical personnel. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Authority to equip and train foreign personnel to assist in accounting for missing United States personnel. 

Sec. 1202. Extension and enhancement of authority for security and stabilization assistance. 

Sec. 1203. Commanders’ Emergency Response Program. 

Sec. 1204. Government Accountability Office report on Global Peace Operations Initiative. 

Subtitle B—Other Authorities and Limitations 


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Sec. 1211. Cooperative opportunities documents under cooperative research and 

development agreements with NATO organizations and other 

allied and friendly foreign countries. 

Sec. 1212. Extension and expansion of temporary authority to use acquisition 

and cross-servicing agreements to lend military equipment for 

personnel protection and survivability. 

Sec. 1213. Acceptance of funds from the Government of Palau for costs of military Civic Action Teams. 

Sec. 1214. Extension of participation of the Department of Defense in multinational military centers of excellence. 

Sec. 1215. Limitation on assistance to the Government of Thailand. 

Sec. 1216. Presidential report on policy objectives and United States strategy 

regarding Iran. 

Sec. 1217. Limitation on availability of certain funds pending implementation 

of requirements regarding North Korea. 

Subtitle C—Reports 

Sec. 1231. Reports on United States policy and military operations in Afghanistan. 

Sec. 1232. Strategy for enhancing security in Afghanistan by eliminating safe 

havens for violent extremists in Pakistan. 

Sec. 1233. One-year extension of update on report on claims relating to the 

bombing of the Labelle Discotheque. 

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES 

OF THE FORMER SOVIET UNION 

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

Sec. 1302. Funding allocations. 

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

outside the former Soviet Union. 

Sec. 1304. Modification of authority to use Cooperative Threat Reduction funds 

outside the former Soviet Union. 

Sec. 1305. Repeal of restrictions on assistance to states of the former Soviet 

Union for cooperative threat reduction. 

Sec. 1306. National Academy of Sciences study of prevention of proliferation of 

biological weapons. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

Sec. 1403. Defense Health Program. 

Sec. 1404. Chemical Agents and Munitions Destruction, Defense. 

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

Sec. 1406. Defense Inspector General. 

Sec. 1407. Reduction in certain authorizations due to savings from lower inflation. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Disposal of ferromanganese. 

Sec. 1412. Disposal of chrome metal. 


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Sec. 1413. Modification of receipt objectives for previously authorized disposals 

from the national defense stockpile. 

Subtitle C—Civil Programs 

Sec. 1421. Armed Forces Retirement Home. 

Subtitle D—Chemical Demilitarization Matters 

Sec. 1431. Modification of termination requirement for Chemical Demilitarization Citizens’ Advisory Commissions. 

Sec. 1432. Repeal of certain qualifications requirement for director of chemical 

demilitarization management organization. 

Sec. 1433. Sense of Congress on completion of destruction of United States 

chemical weapons stockpile. 

TITLE XV—OPERATION IRAQI FREEDOM AND OPERATION 

ENDURING FREEDOM 

Subtitle A—Authorization of Additional War-Related Appropriations 

Sec. 1501. Army procurement. 

Sec. 1502. Navy and Marine Corps procurement. 

Sec. 1503. Air Force procurement. 

Sec. 1504. Defense-wide activities procurement. 

Sec. 1505. Research, development, test, and evaluation. 

Sec. 1506. Operation and maintenance. 

Sec. 1507. Military personnel. 

Sec. 1508. Defense Health Program. 

Sec. 1509. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1510. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1511. Iraq Security Forces Fund. 

Sec. 1512. Afghanistan Security Forces Fund. 

Sec. 1513. Iraq Freedom Fund. 

Sec. 1514. Defense Working Capital Funds. 

Sec. 1515. National Defense Sealift Fund. 

Sec. 1516. Defense Inspector General. 

Subtitle B—General Provisions Relating to Authorizations 

Sec. 1521. Purpose. 

Sec. 1522. Treatment as additional authorizations. 

Sec. 1523. Special transfer authority. 

Subtitle C—Other Matters 

Sec. 1531. Limitation on availability of funds for certain purposes relating to 

Iraq. 

Sec. 1532. Reimbursement of certain coalition nations for support provided to 

United States military operations. 

Sec. 1533. Logistical support for coalition forces supporting operations in Iraq 

and Afghanistan. 

Sec. 1534. Competition for procurement of small arms supplied to Iraq and Afghanistan. 


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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 TITLE I—PROCUREMENT 

6 Subtitle A—Authorization of 

7 Appropriations 

8 SEC. 101. ARMY. 

9 Funds are hereby authorized to be appropriated for 

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

11 (1) For aircraft, $5,229,175,000. 

12 (2) For missiles, $2,178,102,000. 

13 (3) For weapons and tracked combat vehicles, 

14 $7,546,684,000. 

15 (4) For ammunition, $2,228,976,000. 

16 (5) For other procurement, $15,013,155,000. 

17 SEC. 102. NAVY AND MARINE CORPS. 

18 (a) NAVY.—Funds are hereby authorized to be appro19 priated for fiscal year 2008 for procurement for the Navy 

20 as follows: 

21 (1) For aircraft, $13,475,107,000. 

22 (2) For weapons, including missiles and tor23 pedoes, $3,078,387,000. 

24 (3) For shipbuilding and conversion, 

25 $13,605,638,000. 

26 (4) For other procurement, $5,432,412,000. 


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

2 be appropriated for fiscal year 2008 for procurement for 

3 the Marine Corps in the amount of $2,699,057,000. 

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

5 are hereby authorized to be appropriated for fiscal year 

6 2008 for procurement of ammunition for the Navy and 

7 the Marine Corps in the amount of $926,597,000. 

8 SEC. 103. AIR FORCE. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2008 for procurement for the Air Force as fol11 lows: 

12 (1) For aircraft, $12,593,813,000. 

13 (2) For ammunition, $868,917,000. 

14 (3) For missiles, $5,166,002,000. 

15 (4) For other procurement, $16,312,962,000. 

16 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal year 2008 for Defense-wide procurement in the 

19 amount of $3,385,970,000. 

20 SEC. 105. RAPID ACQUISITION FUND. 

21 Funds are hereby authorized to be appropriated for 

22 fiscal year 2008 for the Rapid Acquisition Fund in the 

23 amount of $100,000,000. 


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1 Subtitle B—Army Programs 

2 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR 

3 M1A2 ABRAMS SYSTEM ENHANCEMENT PACK4 AGE UPGRADES. 

5 The Secretary of the Army, in accordance with sec6 tion 2306b of title 10, United States Code, may enter into 

7 a multiyear contract, beginning with the fiscal year 2008 

8 program year, for procurement of M1A2 Abrams System 

9 Enhancement Package upgrades. 

10 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR 

11 M2A3/M3A3 BRADLEY FIGHTING VEHICLE UP12 GRADES. 

13 The Secretary of the Army, in accordance with sec14 tion 2306b of title 10, United States Code, may enter into 

15 a multiyear contract, beginning with the fiscal year 2008 

16 program year, for procurement of M2A3/M3A3 Bradley 

17 fighting vehicle upgrades. 

18 SEC. 113. STRYKER MOBILE GUN SYSTEM. 

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

20 of the amounts authorized to be appropriated by sections 

21 101(3) and 1501(3) for procurement of weapons and 

22 tracked combat vehicles for the Army may be obligated 

23 or expended for purposes of the procurement of the 

24 Stryker Mobile Gun System until 30 days after the date 

25 on which the Secretary of the Army certifies to Congress 


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1 that the Stryker Mobile Gun System is operationally effec2 tive, suitable, and survivable for its anticipated deploy3 ment missions. 

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

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

6 (1) determines that further procurement of the 

7 Stryker Mobile Gun System utilizing amounts re8 ferred to in subsection (a) is in the national security 

9 interest of the United States notwithstanding the in10 ability of the Secretary of the Army to make the cer11 tification required by that subsection; and 

12 (2) submits to the Congress, in writing , a noti13 fication of the waiver together with a discussion of— 

14 (A) the reasons for the determination de15 scribed in paragraph (1); and 

16 (B) the actions that will be taken to miti17 gate any deficiencies that cause the Stryker 

18 Mobile Gun System not to be operationally ef19 fective, suitable, or survivable, as that case may 

20 be, as described in subsection (a). 


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1 SEC. 114. CONSOLIDATION OF JOINT NETWORK NODE PRO2 GRAM AND WARFIGHTER INFORMATION NET3 WORK–TACTICAL PROGRAM INTO SINGLE 

4 ARMY TACTICAL NETWORK PROGRAM. 

5 (a) CONSOLIDATION REQUIRED.—The Secretary of 

6 the Army shall consolidate the Joint Network Node pro7 gram and the Warfighter Information Network–Tactical 

8 program into a single Army tactical network program. 

9 (b) REPORT ON CONSOLIDATION.— 

10 (1) REPORT REQUIRED.—Not later than De11 cember 31, 2007, the Secretary shall, with the con12 currence of the Under Secretary of Defense for Ac13 quisition, Technology, and Logistics and the Assist14 ant Secretary of Defense for Networks and Informa15 tion Integration, submit to the congressional defense 

16 committees a report setting forth a plan to consoli17 date the Joint Network Node program and the 

18 Warfighter Information Network–Tactical program 

19 into a single Army tactical network program as re20 quired by subsection (a). 

21 (2) ELEMENTS.—The report required by para22 graph (1) shall include with respect to the acquisi23 tion of the single Army tactical network required by 

24 subsection (a) the following: 


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1 (A) An analysis of how the systems speci2 fied in paragraph (1) will be integrated, includ3 ing— 

4 (i) an analysis of whether there are 

5 opportunities to leverage technologies and 

6 equipment from the Warfighter Informa7 tion Network–Tactical program as part of 

8 the continuing development and fielding of 

9 the Joint Network Node; and 

10 (ii) an analysis of major technical 

11 challenges of integrating the two programs. 

12 (B) A description of the extent to which 

13 components of the systems could be used to14 gether as elements of a single Army tactical 

15 network. 

16 (C) A description of the strategy of the 

17 Army for completing the systems engineering 

18 necessary to ensure the end-to-end interoper19 ability of a single Army tactical network as de20 scribed in subsection (a). 

21 (D) An assessment of the costs of acquir22 ing the systems. 

23 (E) An assessment of the technical com24 patibility of the systems. 


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1 (F) A description and assessment of the 

2 plans of the Army relating to ownership of the 

3 technical data packages for the systems, and an 

4 assessment of the capacity of the industrial 

5 base to support Army needs. 

6 (G) A description of the plans and sched7 ule of the Army for fielding the systems, and a 

8 description of the associated training schedule. 

9 (H) A description of the plans of the Army 

10 for sustaining the single Army tactical network. 

11 (I) A description of the plans of the Army 

12 for the insertion of new technology into the 

13 Joint Network Node. 

14 (J) A description of the major technical 

15 challenges of integrating the two programs. 

16 (K) An assessment as to whether other 

17 programs should be inserted into the single 

18 Army tactical network as required by subsection 

19 (a). 

20 (L) An analysis of the interoperability re21 quirements between the Army tactical network 

22 and the Joint Network Node, an assessment of 

23 the technological barriers to achievement of 

24 such interoperability requirements, and a de25 scription of formal mechanisms of coordination 


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1 between the Army tactical network and the 

2 Joint Network Node program. 

3 Subtitle C—Navy Programs 

4 SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR5 GINIA CLASS SUBMARINE PROGRAM. 

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

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

8 Code, enter into multiyear contracts, beginning with the 

9 fiscal year 2009 program year, for the procurement of Vir10 ginia-class submarines and government-furnished equip11 ment. 

12 (b) LIMITATION.—The Secretary of the Navy may 

13 not enter into a contract authorized by subsection (a) until 

14 30 days after the date on which the Secretary submits 

15 to the congressional defense committees a certification 

16 that the Secretary has made each of the findings with re17 spect to such contract specified in subsection (a) of section 

18 2306b of title 10, United States Code. 

19 Subtitle D—Air Force Programs 

20 SEC. 141. LIMITATION ON RETIREMENT OF C–130E/H TAC21 TICAL AIRLIFT AIRCRAFT. 

22 (a) LIMITATION.—The Secretary of the Air Force 

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

24 fiscal year 2008. 


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1 (b) MAINTENANCE OF CERTAIN RETIRED AIR2 CRAFT.—The Secretary of the Air Force shall maintain 

3 each C–130E/H tactical airlift aircraft retired during fis4 cal year 2007 in a condition that will permit recall of such 

5 aircraft to future service. 

6 SEC. 142. LIMITATION ON RETIREMENT OF KC–135E AERIAL 

7 REFUELING AIRCRAFT. 

8 The Secretary of the Air Force shall not retire any 

9 KC-135E aerial refueling aircraft of the Air Force in fis10 cal year 2008 unless the Secretary provides written notifi11 cation of such retirement to the congressional defense 

12 committees in accordance with established procedures. 

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

16 Subtitle A—Authorization of 

17 Appropriations 

18 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

19 Funds are hereby authorized to be appropriated for 

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

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

22 (1) For the Army, $11,268,904,000. 

23 (2) For the Navy, $16,296,395,000. 

24 (3) For the Air Force, $25,581,989,000. 


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1 (4) For Defense-wide activities, 

2 $21,511,739,000, of which $180,264,000 is author3 ized for the Director of Operational Test and Eval4 uation. 

5 SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH6 NOLOGY. 

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

8 to be appropriated by section 201, $11,204,784,000 shall 

9 be available for the Defense Science and Technology Pro10 gram, including basic research, applied research, and ad11 vanced technology development projects. 

12 (b) BASIC RESEARCH, APPLIED RESEARCH, AND AD13 VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For 

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

15 research, and advanced technology development’’ means 

16 work funded in program elements for defense research and 

17 development under Department of Defense budget activity 

18 1, 2, or 3. 

19 Subtitle B—Program Require20 ments, Restrictions, and Limita21 tions 

22 SEC. 211. ADVANCED SENSOR APPLICATIONS PROGRAM. 

23 (a) TRANSFER OF FUNDS.—Of the amount author24 ized to be appropriated by section 201(4) for research, de25 velopment, test, and evaluation, Defense-wide activities, 


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1 and made available for the Foreign Material Acquisition 

2 and Exploitation Program and for activities of the Office 

3 of Special Technology, an aggregate of $20,000,000 shall 

4 be transferred to the Advanced Sensor Applications Pro5 gram not later than 60 days after the date of the enact6 ment of this Act. 

7 (b) REASSIGNMENT OF PROGRAM.—Beginning not 

8 later than 30 days after the date of the enactment of this 

9 Act, the Advanced Sensor Applications Program shall be 

10 a program of the Defense Threat Reduction Agency, man11 aged by the Director of the Defense Threat Reduction 

12 Agency, and shall be executed by the Program Executive 

13 Officer for Aviation for the Navy working for the Director 

14 of the Defense Threat Reduction Agency. 

15 SEC. 212. ACTIVE PROTECTION SYSTEMS. 

16 (a) COMPARATIVE TESTS REQUIRED.— 

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

18 shall undertake comparative tests, including live-fire 

19 tests, of appropriate foreign and domestic active pro20 tection systems in order— 

21 (A) to determine the effectiveness of such 

22 systems; and 

23 (B) to develop information useful in the 

24 consideration of the adoption of such systems in 

25 defense acquisition programs. 


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

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

3 congressional defense committees a report on the re4 sults of the tests undertaken under paragraph (1) as 

5 of the date of such report. 

6 (b) COMPREHENSIVE ASSESSMENT REQUIRED.— 

7 (1) IN GENERAL.—The Secretary shall under8 take a comprehensive assessment of active protection 

9 systems in order to develop information useful in the 

10 development of joint active protection systems and 

11 other defense programs. 

12 (2) ELEMENTS.—The assessment under para13 graph (1) shall include— 

14 (A) an identification of the potential merits 

15 and operational costs of the use of active pro16 tection systems by United States military 

17 forces; 

18 (B) a characterization of the threats that 

19 use of active protection systems by potential ad20 versaries would pose to United States military 

21 forces and weapons; 

22 (C) an identification and assessment of 

23 countermeasures to active protection systems; 

24 (D) an analysis of collateral damage poten25 tial of active protection systems; 


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1 (E) an identification and assessment of 

2 emerging direct-fire and top-attack threats to 

3 defense systems that could potentially deploy 

4 active protection systems; and 

5 (F) an identification and assessment of 

6 critical technology elements of active protection 

7 systems. 

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

9 2008, the Secretary shall submit to the congres10 sional defense committees a report on the assess11 ment under paragraph (1). 

12 SEC. 213. OBLIGATION AND EXPENDITURE OF FUNDS FOR 

13 COMPETITIVE PROCUREMENT OF PROPUL14 SION SYSTEM FOR THE JOINT STRIKE FIGHT15 ER. 

16 Within amount authorized to be appropriated for fis17 cal years after fiscal year 2007 for procurement, and for 

18 research, development, test, and evaluation, for the Joint 

19 Strike Fighter Program, the Secretary of Defense shall 

20 ensure the obligation and expenditure of sufficient 

21 amounts each such fiscal year for the continued develop22 ment and procurement of two options for the propulsion 

23 system for the Joint Strike Fighter in order to assure the 

24 competitive development and eventual production for the 

25 propulsion system for a Joint Strike Fighter aircraft, 


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1 thereby giving a choice of engine to the growing number 

2 of nations expressing interest in procuring such aircraft. 

3 Subtitle C—Missile Defense 

4 Programs 

5 SEC. 231. LIMITATION ON AVAILABILITY OF FUNDS FOR 

6 PROCUREMENT, CONSTRUCTION, AND DE7 PLOYMENT OF MISSILE DEFENSES IN EU8 ROPE. 

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

10 be appropriated by this Act may be obligated or expended 

11 for procurement, site activation, construction, preparation 

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

13 defense system in Europe until the following conditions 

14 have been met: 

15 (1) The governments of the countries in which 

16 major components of such missile defense system 

17 (including interceptors and associated radars) are 

18 proposed to be deployed have each given final ap19 proval to any missile defense agreements negotiated 

20 between such governments and the United States 

21 Government concerning the proposed deployment of 

22 such components in their countries. 

23 (2) 45 days have elapsed following the receipt 

24 by Congress of the report required under subsection 

25 (c)(6). 


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

2 limitation in subsection (a), no funds authorized to be ap3 propriated by this Act may be obligated or expended for 

4 the acquisition or deployment of operational missiles of a 

5 long-range missile defense system in Europe until the Sec6 retary of Defense, after receiving the views of the Director 

7 of Operational Test and Evaluation, submits to Congress 

8 a report certifying that the proposed interceptor to be de9 ployed as part of such missile defense system has dem10 onstrated, through successful, operationally realistic flight 

11 testing, a high probability of working in an operationally 

12 effective manner. 

13 (c) REPORT ON INDEPENDENT ASSESSMENT FOR

14 BALLISTIC MISSILE DEFENSE IN EUROPE.— 

15 (1) INDEPENDENT ASSESSMENT.—Not later 

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

17 Act, the Secretary of Defense shall select a federally 

18 funded research and development center to conduct 

19 an independent assessment of options for ballistic 

20 missile defense for forward deployed forces of the 

21 United States and its allies in Europe. 

22 (2) ISSUES TO BE ASSESSED.—In carrying out 

23 the assessment described in paragraph (1), the fed24 erally funded research and development center se25 lected under that paragraph shall consider the folVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 lowing in connection with options for missile defense 

2 in Europe: 

3 (A) The threat to Europe of ballistic mis4 siles (including short-range, medium-range, in5 termediate-range, and long-range ballistic mis6 siles) from Iran and from other nations (except 

7 Russia), including the likelihood and timing of 

8 such threats. 

9 (B) The missile defense capabilities appro10 priate to meet current, near-term, and mid11 term ballistic missile threats facing Europe dur12 ing the period from 2008 through 2015. 

13 (C) Alternative options for defending the 

14 European territory of members of the North 

15 Atlantic Treaty Organization against the 

16 threats described in subparagraph (B). 

17 (D) The utility and cost-effectiveness of 

18 providing ballistic missile defense of the United 

19 States with a system located in Europe, if war20 ranted by the threat, when compared with the 

21 provision of such defense through the deploy22 ment of additional ballistic missile defense in 

23 the United States. 

24 (E) The views of European members of the 

25 North Atlantic Treaty Organization on the deVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 sirability of ballistic missile defenses for the 

2 European territory of such nations. 

3 (F) Potential opportunities for participa4 tion by the Government of Russia in a Euro5 pean missile defense system. 

6 (3) TECHNOLOGIES TO BE CONSIDERED.—In 

7 conducting the assessment described in paragraph 

8 (1), the federally funded research and development 

9 center selected under that paragraph shall consider, 

10 but not be limited to, the following missile defense 

11 technology options: 

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) The proposed deployment of Ground21 based Midcourse Defense (GMD) system ele22 ments in Europe, consisting of the proposed 2- 

23 stage Orbital Boost Vehicle interceptor, and the 

24 proposed European Midcourse X-band radar. 


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1 (F) Forward-Based X-band Transportable 

2 (FBX–T) radars. 

3 (G) Other non-United States, North Atlan4 tic Treaty Organization missile defense systems. 

5 (4) FACTORS TO BE CONSIDERED.—In con6 ducting the assessment described in paragraph (1), 

7 the federally funded research and development cen8 ter selected under that paragraph shall consider the 

9 following factors with respect to potential ballistic 

10 missile defense options: 

11 (A) The missile defense needs of the Euro12 pean members of the North Atlantic Treaty Or13 ganization, including forward deployed United 

14 States forces, with respect to current, near15 term, and mid-term ballistic missile threats. 

16 (B) Operational effectiveness. 

17 (C) Command and control arrangements. 

18 (D) Integration and interoperability with 

19 North Atlantic Treaty Organization missile de20 fenses. 

21 (E) Cost and affordability, including pos22 sible allied cost-sharing. 

23 (F) Cost-effectiveness. 


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

3 Treaty Organization. 

4 (5) COOPERATION OF OTHER AGENCIES.—The 

5 Secretary of Defense, the Director of National Intel6 ligence, and the heads of other departments and 

7 agencies of the United States Government shall pro8 vide the federally funded research and development 

9 center selected under paragraph (1) such data, anal10 yses, briefings, and other information as the center 

11 considers necessary to carry out the assessment de12 scribed in that paragraph. 

13 (6) REPORT REQUIRED.—Not later than 180 

14 days after the date of the enactment of this Act, the 

15 federally funded research and development center se16 lected under paragraph (1) shall submit to the Sec17 retary of Defense and the congressional defense 

18 committees a report on the results of the assessment 

19 described in that paragraph, including any findings 

20 and recommendations of the center as a result of the 

21 assessment. 

22 (7) FORM.—The report under paragraph (6) 

23 shall be submitted in unclassified form, but may in24 clude a classified annex. 


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

2 construed to limit continuing obligation and expenditure 

3 of funds for missile defense, including for research and 

4 development and for other activities not otherwise limited 

5 by subsection (a) or (b). 

6 SEC. 232. LIMITATION ON AVAILABILITY OF FUNDS FOR DE7 PLOYMENT OF MISSILE DEFENSE INTERCEP8 TORS IN ALASKA. 

9 None of the funds authorized to be appropriated by 

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

11 40 Ground-Based Interceptors at Fort Greely, Alaska, 

12 until the Secretary of Defense, after receiving the views 

13 of the Director of Operational Test and Evaluation, sub14 mits to Congress a certification that the Block 2006 

15 Ground-based Midcourse Defense element of the Ballistic 

16 Missile Defense System has demonstrated, through oper17 ationally realistic end-to-end flight testing, that it has a 

18 high probability of working in an operationally effective 

19 manner. 

20 SEC. 233. BUDGET AND ACQUISITION REQUIREMENTS FOR 

21 MISSILE DEFENSE AGENCY ACTIVITIES. 

22 (a) REVISED BUDGET STRUCTURE.—The budget jus23 tification materials submitted to Congress in support of 

24 the Department of Defense budget for any fiscal year after 

25 fiscal year 2008 (as submitted with the budget of the 


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

2 Code) shall set forth separately amounts requested for the 

3 Missile Defense Agency for each of the following: 

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

5 (2) Procurement. 

6 (3) Operation and maintenance. 

7 (4) Military construction. 

8 (b) OBJECTIVES FOR ACQUISITION ACTIVITIES.— 

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

10 practicable, but not later than the submittal to Con11 gress of the budget for the President for fiscal year 

12 2009 under section 1105(a) of title 31, United 

13 States Code, the Missile Defense Agency shall take 

14 appropriate actions to achieve the following objec15 tives in its acquisition activities: 

16 (A) Improved transparency. 

17 (B) Improved accountability. 

18 (C) Enhanced oversight. 

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

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

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

22 follows: 

23 (A) Establish acquisition cost, schedule, 

24 and performance baselines for each Ballistic 

25 Missile Defense System element that— 


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1 (i) has entered the equivalent of the 

2 System Development and Demonstration 

3 phase of acquisition; or 

4 (ii) is being produced and acquired for 

5 operational fielding. 

6 (B) Provide unit cost reporting data for 

7 each Ballistic Missile Defense System element 

8 covered by subparagraph (A), and secure inde9 pendent estimation and verification of such cost 

10 reporting data. 

11 (C) Include each year in the budget jus12 tification materials described in subsection (a) a 

13 description of actions being taken in the fiscal 

14 year in which such materials are submitted, and 

15 the actions to be taken in the fiscal year cov16 ered by such materials, to achieve such objec17 tives. 

18 (3) SPECIFICATION OF BALLISTIC MISSILE DE19 FENSE SYSTEM ELEMENTS.—The Ballistic Missile 

20 Defense System elements that, as of May 2007, are 

21 Ballistic Missile Defense System elements covered by 

22 paragraph (2)(A) are the following elements: 

23 (A) Ground-based Midcourse Defense. 

24 (B) Aegis Ballistic Missile Defense. 

25 (C) Terminal High Altitude Area Defense. 


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1 (D) Forward-Based X-band radar-Trans2 portable (AN/TPY–2). 

3 (E) Command, Control, Battle Manage4 ment, and Communications. 

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

6 (G) Upgraded Early Warning radars. 

7 SEC. 234. PARTICIPATION OF DIRECTOR, OPERATIONAL 

8 TEST AND EVALUATION, IN MISSILE DEFENSE 

9 TEST AND EVALUATION ACTIVITIES. 

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

11 amended— 

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

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

14 (2) by inserting after subsection (e) the fol15 lowing new subsection (f): 

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

17 shall report promptly to the Director of Operational Test 

18 and Evaluation the results of all tests and evaluations con19 ducted by the Missile Defense Agency and of all studies 

20 conducted by the Missile Defense Agency in connection 

21 with tests and evaluations in the Missile Defense Agency. 

22 ‘‘(2) The Director of Operational Test and Evalua23 tion may require that such observers as the Director des24 ignates be present during the preparation for and the conVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 duct of any test and evaluation conducted by the Missile 

2 Defense Agency. 

3 ‘‘(3) The Director of Operational Test and Evalua4 tion shall have access to all records and data in the De5 partment of Defense (including the records and data of 

6 the Missile Defense Agency) that the Director considers 

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

8 this subsection.’’. 

9 SEC. 235. EXTENSION OF COMPTROLLER GENERAL ASSESS10 MENTS OF BALLISTIC MISSILE DEFENSE PRO11 GRAMS. 

12 Section 232(g) of the National Defense Authorization 

13 Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is amend14 ed— 

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

16 2008’’ and inserting ‘‘through 2013’’; and 

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

18 2009’’ and inserting ‘‘through 2014’’. 

19 Subtitle D—Other Matters 

20 SEC. 251. MODIFICATION OF NOTICE AND WAIT REQUIRE21 MENT FOR OBLIGATION OF FUNDS FOR FOR22 EIGN COMPARATIVE TEST PROGRAM. 

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

24 States Code, is amended to read as follows: 


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1 ‘‘(3) The Director of Defense Research and Engi2 neering shall notify the congressional defense committees 

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

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

5 obligated.’’. 

6 SEC. 252. MODIFICATION OF COST SHARING REQUIREMENT 

7 FOR TECHNOLOGY TRANSITION INITIATIVE. 

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

9 States Code, is amended to read as follows: 

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

11 paragraph (1) by the military department or Defense 

12 Agency concerned shall be the appropriate share of the 

13 military department or Defense Agency, as the case may 

14 be, of the cost of the project, as determined by the Man15 ager.’’. 

16 SEC. 253. STRATEGIC PLAN FOR THE MANUFACTURING 

17 TECHNOLOGY PROGRAM. 

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

19 States Code, is amended by adding at the end the fol20 lowing new subsection: 

21 ‘‘(e) STRATEGIC PLAN.—(1) The Secretary shall de22 velop a plan for the program which includes the following: 

23 ‘‘(A) The overall manufacturing technology 

24 goals, milestones, priorities, and investment strategy 

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1 ginning with the first fiscal year commencing after 

2 the development of the plan. 

3 ‘‘(B) For each of the fiscal years under the pe4 riod of the plan, the objectives of, and funding for, 

5 the program for each military department and each 

6 Defense Agency that shall participate in the pro7 gram 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) The Secretary shall include the plan, and any 

14 update of the plan under paragraph (3), in the budget jus15 tification documents submitted in support of the budget 

16 of the Department of Defense for the applicable fiscal year 

17 (as included in the budget of the President submitted to 

18 Congress under section 1105 of title 31).’’. 

19 (b) INITIAL DEVELOPMENT OF PLAN.—The Sec20 retary of Defense shall develop the strategic plan required 

21 by subsection (e) of section 2521 of title 10, United States 

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

23 the plan goes into effect at the beginning of fiscal year 

24 2009. 


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1 SEC. 254. MODIFICATION OF AUTHORITIES ON COORDINA2 TION OF DEFENSE EXPERIMENTAL PROGRAM 

3 TO STIMULATE COMPETITIVE RESEARCH 

4 WITH SIMILAR FEDERAL PROGRAMS. 

5 Section 257(e)(2) of the National Defense Authoriza6 tion Act for Fiscal Year 1995 (10 U.S.C. 2358 note) is 

7 amended by striking ‘‘shall’’ each place it appears and in8 serting ‘‘may’’. 

9 SEC. 255. ENHANCEMENT OF DEFENSE NANOTECHNOLOGY 

10 RESEARCH AND DEVELOPMENT PROGRAM. 

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

12 246 of the Bob Stump National Defense Authorization 

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

14 2500; 10 U.S.C. 2358 note) is amended— 

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

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

17 National Nanotechnology Initiative and with the Na18 tional Nanotechnology Coordination Office under 

19 section 3 of the 21st Century Nanotechnology Re20 search and Development Act (15 U.S.C. 7502)’’; and 

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

22 fundamental and applied nanoscience and engineer23 ing research initiatives’’ and inserting ‘‘portfolio of 

24 nanotechnology research and development initia25 tives’’. 

26 (b) PROGRAM ADMINISTRATION.— 


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1 (1) ADMINISTRATION THROUGH UNDER SEC2 RETARY OF DEFENSE FOR ACQUISITION, TECH3 NOLOGY, AND LOGISTICS.—Subsection (c) of such 

4 section is amended— 

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

6 Research and Engineering’’ and inserting ‘‘the 

7 Under Secretary of Defense for Acquisition, 

8 Technology, and Logistics’’; and 

9 (B) by striking ‘‘The Director’’ and insert10 ing ‘‘The Under Secretary’’. 

11 (2) OTHER ADMINISTRATIVE MATTERS.—Such 

12 subsection is further amended— 

13 (A) in paragraph (2), by striking ‘‘the De14 partment’s increased investment in 

15 nanotechnology and the National 

16 Nanotechnology Initiative; and’’ and inserting 

17 ‘‘investments by the Department and other de18 partments and agencies participating in the Na19 tional Nanotechnology Initiative in 

20 nanotechnology research and development;’’; 

21 (B) in paragraph (3), by striking the pe22 riod at the end and inserting ‘‘; and’’; and 

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

24 paragraph: 


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1 ‘‘(4) oversee interagency coordination of the 

2 program with other departments and agencies par3 ticipating in the National Nanotechnology Initiative, 

4 including providing appropriate funds to support the 

5 National Nanotechnology Coordination Office.’’. 

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

7 amended— 

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

9 (2) by adding at the end the following new sub10 section (d): 

11 ‘‘(d) ACTIVITIES.—Activities under the program shall 

12 include the following: 

13 ‘‘(1) The development of a strategic plan for 

14 defense nanotechnology research and development 

15 that is integrated with the strategic plan for the Na16 tional Nanotechnology Initiative. 

17 ‘‘(2) The issuance on an annual basis of policy 

18 guidance to the military departments and the De19 fense Agencies that— 

20 ‘‘(A) establishes research priorities under 

21 the program; 

22 ‘‘(B) provides for the determination and 

23 documentation of the benefits to the Depart24 ment of Defense of research under the pro25 gram; and 


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1 ‘‘(C) sets forth a clear strategy for 

2 transitioning the research into products needed 

3 by the Department. 

4 ‘‘(3) Advocating for the transition of 

5 nanotechnologies in defense acquisition programs, 

6 including the development of nanomanufacturing ca7 pabilities and a nanotechnology defense industrial 

8 base.’’. 

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

10 adding at the end the following new subsection: 

11 ‘‘(e) REPORTS.—(1) Not later than March 1 of each 

12 of 2009, 2011, and 2013, the Under Secretary of Defense 

13 for Acquisition, Technology, and Logistics shall submit to 

14 the congressional defense committees a report on the pro15 gram. 

16 ‘‘(2) Each report under paragraph (1) shall include 

17 the following: 

18 ‘‘(A) A review of— 

19 ‘‘(i) the long-term challenges and specific 

20 technical goals of the program; and 

21 ‘‘(ii) the progress made toward meeting 

22 such challenges and achieving such goals. 

23 ‘‘(B) An assessment of current and proposed 

24 funding levels for the program, including an assessVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 ment of the adequacy of such funding levels to sup2 port program activities. 

3 ‘‘(C) A review of the coordination of activities 

4 under the program within the Department of De5 fense, with other departments and agencies of the 

6 United States, and with the National 

7 Nanotechnology Initiative. 

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

9 recommendations relating to the Department of De10 fense of the most recent triennial external review of 

11 the National Nanotechnology Program under section 

12 5 of the 21st Century Nanotechnology Research and 

13 Development Act (15 U.S.C. 1704), and a descrip14 tion of initiatives of the Department to implement 

15 such recommendations. 

16 ‘‘(E) An assessment of technology transition 

17 from nanotechnology research and development to 

18 enhanced warfighting capabilities, including con19 tributions from the Department of Defense Small 

20 Business Innovative Research and Small Business 

21 Technology Transfer Research programs, and the 

22 Department of Defense Manufacturing Technology 

23 program, and an identification of acquisition pro24 grams and deployed defense systems that are incor25 porating nanotechnologies. 


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1 ‘‘(F) An assessment of global nanotechnology 

2 research and development in areas of interest to the 

3 Department, including an identification of the use of 

4 nanotechnologies in any foreign defense systems. 

5 ‘‘(G) An assessment of the defense 

6 nanotechnology manufacturing and industrial base 

7 and its capability to meet the near and far term re8 quirements of the Department. 

9 ‘‘(H) Such recommendations for additional ac10 tivities under the program to meet emerging na11 tional security requirements as the Under Secretary 

12 considers appropriate. 

13 ‘‘(3) Each report under paragraph (1) shall be sub14 mitted in unclassified form, but may include a classified 

15 annex.’’. 

16 (e) COMPTROLLER GENERAL REPORT ON PRO17 GRAM.—Not later than March 31, 2010, the Comptroller 

18 General of the United States shall submit to the congres19 sional defense committees a report setting forth the as20 sessment of the Comptroller General of the progress made 

21 by the Department of Defense in achieving the purposes 

22 of the defense nanotechnology research and development 

23 program required by section 246 of the Bob Stump Na24 tional Defense Authorization Act for Fiscal Year 2003 (as 

25 amended by this section). 


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1 TITLE III—OPERATION AND 

2 MAINTENANCE 

3 Subtitle A—Authorization of 

4 Appropriations 

5 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

6 Funds are hereby authorized to be appropriated for 

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

8 activities and agencies of the Department of Defense, for 

9 expenses, not otherwise provided for, for operation and 

10 maintenance, in amounts as follows: 

11 (1) For the Army, $29,725,273,000. 

12 (2) For the Navy, $33,307,690,000. 

13 (3) For the Marine Corps, $4,998,493,000. 

14 (4) For the Air Force, $32,967,215,000. 

15 (5) For Defense-wide activities, 

16 $22,397,153,000. 

17 (6) For the Army Reserve, $2,512,062,000. 

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

19 (8) For the Marine Corps Reserve, 

20 $208,637,000. 

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

22 (10) For the Army National Guard, 

23 $5,861,409,000. 

24 (11) For the Air National Guard, 

25 $5,469,368,000. 


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1 (12) For the United States Court of Appeals 

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

3 (13) For Environmental Restoration, Army, 

4 $434,879,000. 

5 (14) For Environmental Restoration, Navy, 

6 $300,591,000. 

7 (15) For Environmental Restoration, Air Force, 

8 $458,428,000. 

9 (16) For Environmental Restoration, Defense10 wide, $12,751,000. 

11 (17) For Environmental Restoration, Formerly 

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

13 (18) For Former Soviet Union Threat Reduc14 tion programs, $448,048,000. 

15 (19) For Overseas Humanitarian, Disaster and 

16 Civic Aid programs, $63,300,000. 

17 (20) For Overseas Contingency Operations 

18 Transfer Fund, $5,000,000. 


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1 Subtitle B—Environmental 

2 Provisions 

3 SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTEC4 TION AGENCY FOR CERTAIN COSTS IN CON5 NECTION WITH MOSES LAKE WELLFIELD 

6 SUPERFUND SITE, MOSES LAKE, WASH7 INGTON. 

8 (a) AUTHORITY TO REIMBURSE.— 

9 (1) TRANSFER AMOUNT.—Using funds de10 scribed in subsection (b), the Secretary of Defense 

11 may, notwithstanding section 2215 of title 10, 

12 United States Code, transfer not more than 

13 $91,588.51 to the Moses Lake Wellfield Superfund 

14 Site 10–6J Special Account. 

15 (2) PURPOSE OF REIMBURSEMENT.—The pay16 ment under paragraph (1) is to reimburse the Envi17 ronmental Protection Agency for its costs incurred 

18 in overseeing a remedial investigation/feasibility 

19 study performed by the Department of the Army 

20 under the Defense Environmental Restoration Pro21 gram at the former Larson Air Force Base, Moses 

22 Lake Superfund Site, Moses Lake, Washington. 

23 (3) INTERAGENCY AGREEMENT.—The reim24 bursement described in paragraph (2) is provided for 

25 in the interagency agreement entered into by the 


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1 Department of the Army and the Environmental 

2 Protection Agency for the Moses Lake Wellfield 

3 Superfund Site in March 1999. 

4 (b) SOURCE OF FUNDS.—Any payment under sub5 section (a) shall be made using funds authorized to be ap6 propriated by section 301(16) for operation and mainte7 nance for Environmental Restoration, Defense-wide. 

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

9 Agency shall use the amount transferred under subsection 

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

11 Wellfield Superfund Site. 

12 SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTEC13 TION AGENCY FOR CERTAIN COSTS IN CON14 NECTION WITH THE ARCTIC SURPLUS SUPER15 FUND SITE, FAIRBANKS, ALASKA. 

16 (a) AUTHORITY TO REIMBURSE.— 

17 (1) TRANSFER AMOUNT.—Using funds de18 scribed in subsection (b), the Secretary of Defense 

19 may, notwithstanding section 2215 of title 10, 

20 United States Code, transfer not more than 

21 $186,625.38 to the Hazardous Substance Super22 fund. 

23 (2) PURPOSE OF REIMBURSEMENT.—The pay24 ment under paragraph (1) is to reimburse the Envi25 ronmental Protection Agency for costs incurred purVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 suant to the agreement known as ‘‘In the Matter of 

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

3 Number CERCLA–10–2003–0114: Administrative 

4 Order on Consent for Remedial Design and Reme5 dial Action,’’ entered into by the Department of De6 fense and the Environmental Protection Agency on 

7 December 11, 2003. 

8 (b) SOURCE OF FUNDS.—Any payment under sub9 section (a) shall be made using funds authorized to be ap10 propriated by section 301(16) for operation and mainte11 nance for Environmental Restoration, Defense-wide. 

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

13 Agency shall use the amount transferred under subsection 

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

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

16 SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION 

17 AGENCY OF STIPULATED PENALTIES IN CON18 NECTION WITH JACKSON PARK HOUSING 

19 COMPLEX, WASHINGTON. 

20 (a) AUTHORITY TO TRANSFER FUNDS.— 

21 (1) TRANSFER AMOUNT.—Using funds de22 scribed in subsection (b), the Secretary of the Navy 

23 may, notwithstanding section 2215 of title 10, 

24 United States Code, transfer not more than 

25 $40,000.00 to the Hazardous Substance Superfund. 


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1 (2) PURPOSE OF TRANSFER.—The payment 

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

3 assessed by the Environmental Protection Agency on 

4 October 25, 2005, against the Jackson Park Hous5 ing Complex, Washington, for the failure by the 

6 Navy to timely submit a draft final Phase II Reme7 dial Investigation Work Plan for the Jackson Park 

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

9 pursuant to a schedule included in an Interagency 

10 Agreement (Administrative Docket No. CERCLA– 

11 10–2005–0023). 

12 (b) SOURCE OF FUNDS.—Any payment under sub13 section (a) shall be made using funds authorized to be ap14 propriated by section 301(14) for operation and mainte15 nance for Environmental Restoration, Navy. 

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

17 subsection (a) shall be used by the Environmental Protec18 tion Agency to pay the penalty described under paragraph 

19 (2) of such subsection. 


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

4 SEC. 321. AVAILABILITY OF FUNDS IN DEFENSE INFORMA5 TION SYSTEMS AGENCY WORKING CAPITAL 

6 FUND FOR TECHNOLOGY UPGRADES TO DE7 FENSE INFORMATION SYSTEMS NETWORK. 

8 (a) IN GENERAL.—Funds in the Defense Information 

9 Systems Agency Working Capital Fund may be used for 

10 expenses directly related to technology upgrades to the De11 fense Information Systems Network. 

12 (b) LIMITATION ON CERTAIN PROJECTS.—Funds 

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

14 (1) any significant technology insertion to the 

15 Defense Information Systems Network; or 

16 (2) any component with an estimated total cost 

17 in excess of $500,000. 

18 (c) LIMITATION IN FISCAL YEAR PENDING TIMELY

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

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

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

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

23 during the period— 

24 (1) beginning on the date specified in para25 graph (2) of subsection (d); and 


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

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

3 (d) ANNUAL REPORT.— 

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

5 Information Systems Agency shall submit to the 

6 congressional defense committees each fiscal year a 

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

8 during the preceding fiscal year. 

9 (2) DEADLINE FOR SUBMITTAL.—The report 

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

11 submitted not later than 60 days after the date of 

12 the submittal to Congress of the budget of the Presi13 dent for the succeeding fiscal year pursuant to sec14 tion 1105 of title 31, United States Code. 

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

16 expire on October 1, 2011. 

17 SEC. 322. EXTENSION OF TEMPORARY AUTHORITY FOR 

18 CONTRACT PERFORMANCE OF SECURITY 

19 GUARD FUNCTIONS. 

20 (a) EXTENSION.—Subsection (c) of section 332 of 

21 the Bob Stump National Defense Authorization Act for 

22 Fiscal Year 2003 (Public Law 107–314) is amended by 

23 striking ‘‘September 30, 2009’’ both places it appears and 

24 inserting ‘‘September 30, 2012’’. 


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1 (b) LIMITATION FOR FISCAL YEARS 2010 THROUGH

2 2012.—Subsection (d) of such section is amended— 

3 (1) in paragraph (2), by striking ‘‘and’’ at the 

4 end; 

5 (2) in paragraph (3), by striking the period and 

6 inserting ‘‘; and’’; and 

7 (3) by adding at the end the following new 

8 paragraphs: 

9 ‘‘(4) for fiscal year 2010, the number equal to 

10 70 percent of the total number of such personnel 

11 employed under such contracts on October 1, 2006; 

12 ‘‘(5) for fiscal year 2011, the number equal to 

13 60 percent of the total number of such personnel 

14 employed under such contracts on October 1, 2006; 

15 and 

16 ‘‘(6) for fiscal year 2012, the number equal to 

17 50 percent of the total number of such personnel 

18 employed under such contracts on October 1, 

19 2006.’’. 

20 SEC. 323. REPORT ON INCREMENTAL COST OF EARLY 2007 

21 ENHANCED DEPLOYMENT. 

22 Section 323(b)(2) of the John Warner National De23 fense Authorization Act for Fiscal Year 2007 (Public Law 

24 109–364; 10 U.S.C. 229 note) is amended— 


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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 additional incremental cost resulting from 

9 the additional deployment of forces to Iraq and 

10 Afghanistan above the levels deployed to such 

11 countries on January 1, 2007.’’. 

12 SEC. 324. INDIVIDUAL BODY ARMOR. 

13 (a) ASSESSMENT.—The Director of Operational Test 

14 and Evaluation and the Director of Defense Research and 

15 Engineering shall jointly conduct an assessment of various 

16 domestic technological approaches for body armor systems 

17 for protection against ballistic threats at or above military 

18 requirements. 

19 (b) REPORT.— 

20 (1) REPORT REQUIRED.—Not later than 90 

21 days after the date of the enactment of this Act, the 

22 Director of Operational Test and Evaluation and the 

23 Director of Defense Research and Engineering shall 

24 jointly submit to the Secretary of Defense, and to 


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1 the congressional defense committees, a report on 

2 the assessment required by subsection (a). 

3 (2) ELEMENTS.—The report required under 

4 paragraph (1) shall include— 

5 (A) a detailed comparative analysis and as6 sessment of the technical approaches covered by 

7 the assessment under subsection (a), including 

8 the technical capability, feasibility, military util9 ity, and cost of each such approach; and 

10 (B) such other matters as the Director of 

11 Operational Test and Evaluation and the Direc12 tor of Defense Research and Engineering joint13 ly consider appropriate. 

14 (3) FORM.—The report submitted under para15 graph (1) to the congressional defense committees 

16 shall be submitted in both classified and unclassified 

17 form. 

18 Subtitle D—Workplace and Depot 

19 Issues 

20 SEC. 341. EXTENSION OF AUTHORITY FOR ARMY INDUS21 TRIAL FACILITIES TO ENGAGE IN COOPERA22 TIVE ACTIVITIES WITH NON-ARMY ENTITIES. 

23 (a) EXTENSION OF AUTHORITY.—Section 4544 of 

24 title 10, United States Code, is amended— 


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1 (1) in subsection (a), by adding at the end the 

2 following: ‘‘This authority may be used to enter into 

3 not more than eight contracts or cooperative agree4 ments.’’; and 

5 (2) in subsection (k), by striking ‘‘2009’’ and 

6 inserting ‘‘2014’’. 

7 (b) REPORTS.— 

8 (1) ANNUAL REPORT ON USE OF AUTHORITY.— 

9 The Secretary of the Army shall submit to Congress 

10 at the same time the budget of the President is sub11 mitted to Congress for fiscal years 2009 through 

12 2016 under section 1105 of title 31, United States 

13 Code, a report on the use of the authority provided 

14 under section 4544 of title 10, United States Code. 

15 (2) ANALYSIS OF USE OF AUTHORITY.—Not 

16 later than September 30, 2012, the Secretary of the 

17 Army shall submit to the congressional defense com18 mittees a report assessing the advisability of making 

19 such authority permanent and eliminating the limi20 tation on the number of contracts or cooperative ar21 rangements that may be entered into pursuant to 

22 such authority. 


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1 SEC. 342. TWO-YEAR EXTENSION OF ARSENAL SUPPORT 

2 DEMONSTRATION PROGRAM. 

3 (a) EXTENSION.—Subsection (a) of section 343 of 

4 the Floyd D. Spence National Defense Authorization Act 

5 for Fiscal Year 2001 (as enacted into law by Public Law 

6 106–398; 10 U.S.C. 4551 note) is amended by striking 

7 ‘‘fiscal years 2001 through 2008’’ and inserting ‘‘fiscal 

8 years 2001 through 2010’’. 

9 (b) EXTENSION OF REPORTING REQUIREMENT.— 

10 The second sentence in subsection (g)(1) of such section 

11 is amended to read as follows: ‘‘No report is required after 

12 fiscal year 2010.’’. 

13 Subtitle E—Other Matters 

14 SEC. 351. ENHANCEMENT OF CORROSION CONTROL AND 

15 PREVENTION FUNCTIONS WITHIN DEPART16 MENT OF DEFENSE. 

17 (a) OFFICE OF CORROSION POLICY AND OVER18 SIGHT.— 

19 (1) IN GENERAL.—Section 2228 of title 10, 

20 United States Code, is amended— 

21 (A) in the section heading, by striking 

22 ‘‘Military equipment and infrastruc23 ture: prevention and mitigation of 

24 corrosion’’ and inserting ‘‘Office of Cor25 rosion Policy and Oversight’’; and 


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1 (B) by amending subsection (a) to read as 

2 follows: 

3 ‘‘(a) OFFICE AND DIRECTOR.—(1) There is an Office 

4 of Corrosion Policy and Oversight within the Office of the 

5 Under Secretary of Defense for Acquisition, Technology, 

6 and Logistics. 

7 ‘‘(2) The Office shall be headed by a Director of Cor8 rosion Policy and Oversight (in this section referred to as 

9 the ‘Director’), who shall be assigned to such position by 

10 the Under Secretary from among civilian employees of the 

11 Department of Defense with the qualifications described 

12 in paragraph (3). The Director is the senior official re13 sponsible in the Department of Defense to the Secretary 

14 of Defense (after the Under Secretary of Defense for Ac15 quisition, Technology, and Logistics) for the prevention 

16 and mitigation of corrosion of the military equipment and 

17 infrastructure of the Department of Defense. The Director 

18 shall report directly to the Under Secretary. 

19 ‘‘(3) In order to qualify to be assigned to the position 

20 of Director, an individual shall— 

21 ‘‘(A) have a minimum of 10 years experience in 

22 the Defense Acquisition Corps; 

23 ‘‘(B) have technical expertise in, and profes24 sional experience with, corrosion engineering, includ25 ing an understanding of the effects of corrosion poliVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 cies on infrastructure; research, development, test, 

2 and evaluation; and maintenance; and 

3 ‘‘(C) have background in and an understanding 

4 of Department of Defense budget formulation and 

5 execution, policy formulation, and planning and pro6 gram requirements.’’. 

7 (2) CONFORMING CHANGES.—Subsection (b) of 

8 such section is amended— 

9 (A) in paragraph (1), by striking ‘‘official 

10 or organization designated under subsection 

11 (a)’’ and inserting ‘‘Director’’; and 

12 (B) by striking ‘‘designated official or or13 ganization’’ each place it appears and inserting 

14 ‘‘Director’’. 

15 (b) ADDITIONAL AUTHORITY FOR DIRECTOR OF OF16 FICE.—Such section is further amended— 

17 (1) by redesignating subsections (c) and (d) as 

18 subsections (d) and (f), respectively; and 

19 (2) by inserting after subsection (b) the fol20 lowing new subsection: 

21 ‘‘(c) ADDITIONAL AUTHORITIES FOR DIRECTOR.— 

22 The Director is authorized to— 

23 ‘‘(1) develop, update, and coordinate corrosion 

24 training with the Defense Acquisition University; 


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1 ‘‘(2) participate in the process within the De2 partment of Defense for the development of relevant 

3 directives and instructions; and 

4 ‘‘(3) interact directly with the corrosion preven5 tion industry, trade associations, other government 

6 corrosion prevention agencies, academic research in7 stitutions, and scientific organizations engaged in 

8 corrosion prevention, including the National Acad9 emy of Sciences.’’. 

10 (c) INCLUSION OF COOPERATIVE RESEARCH AGREE11 MENTS AS PART OF CORROSION REDUCTION STRAT12 EGY.—Subparagraph (D) of subsection (d)(2) of such sec13 tion, as redesignated by subsection (b), is amended by in14 serting after ‘‘operational strategies’’ the following: ‘‘, in15 cluding through the establishment of memoranda of agree16 ment, joint funding agreements, public-private partner17 ships, university research centers, and other cooperative 

18 research agreements’’. 

19 (d) REPORT REQUIREMENT.—Such section is further 

20 amended by inserting after subsection (d), as redesignated 

21 by subsection (b), the following new subsection: 

22 ‘‘(e) REPORT.—(1) The Secretary of Defense shall 

23 submit with the defense budget materials for each fiscal 

24 year beginning with fiscal year 2009 a report on the fol25 lowing: 


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1 ‘‘(A) Funding requirements for the long-term 

2 strategy developed under subsection (d). 

3 ‘‘(B) The return on investment that would be 

4 achieved by implementing the strategy. 

5 ‘‘(C) The funds requested in the budget com6 pared to the funding requirements. 

7 ‘‘(D) An explanation of why the Department of 

8 Defense is not requesting funds for the entire re9 quirement. 

10 ‘‘(2) Not later than 60 days after submission of the 

11 budget for a fiscal year, the Comptroller General shall pro12 vide to the congressional defense committees— 

13 ‘‘(A) an analysis of the budget submission for 

14 corrosion control and prevention by the Department 

15 of Defense; and 

16 ‘‘(B) an analysis of the report required under 

17 paragraph (1).’’. 

18 (e) DEFINITIONS.—Subsection (f), as redesignated by 

19 subsection (b), is amended by adding at the end the fol20 lowing new paragraphs: 

21 ‘‘(4) The term ‘budget’, with respect to a fiscal 

22 year, means the budget for that fiscal year that is 

23 submitted to Congress by the President under sec24 tion 1105(a) of title 31. 


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1 ‘‘(5) The term ‘defense budget materials’, with 

2 respect to a fiscal year, means the materials sub3 mitted to Congress by the Secretary of Defense in 

4 support of the budget for that fiscal year.’’. 

5 SEC. 352. REIMBURSEMENT FOR NATIONAL GUARD SUP6 PORT PROVIDED TO FEDERAL AGENCIES. 

7 Section 377 of title 10, United States Code, is 

8 amended— 

9 (1) in subsection (a), by striking ‘‘To the ex10 tent’’ and inserting ‘‘Subject to subsection (c), to the 

11 extent’’; 

12 (2) by redesignating subsection (b) as sub13 section (c); 

14 (3) by inserting after subsection (a) the fol15 lowing new subsection: 

16 ‘‘(b)(1) Subject to subsection (c), the Secretary of 

17 Defense shall require a Federal agency to which law en18 forcement support or support to a national special security 

19 event is provided by National Guard personnel performing 

20 duty under section 502(f) of title 32 to reimburse the De21 partment of Defense for the costs of that support, notwith22 standing any other provision of law. No other provision 

23 of this chapter shall apply to such support. 

24 ‘‘(2) Any funds received by the Department of De25 fense under this subsection as reimbursement for support 


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1 provided by personnel of the National Guard shall be cred2 ited, at the election of the Secretary of Defense, to the 

3 following: 

4 ‘‘(A) The appropriation, fund, or account used 

5 to fund the support. 

6 ‘‘(B) The appropriation, fund, or account cur7 rently available for reimbursement purposes.’’; and 

8 (4) in subsection (c), as redesignated by para9 graph (2)— 

10 (A) by inserting ‘‘or section 502(f) of title 

11 32’’ after ‘‘under this chapter’’; and 

12 (B) in paragraph (2), by inserting ‘‘or per13 sonnel of the National Guard’’ after ‘‘Depart14 ment of Defense’’. 

15 SEC. 353. REAUTHORIZATION OF AVIATION INSURANCE 

16 PROGRAM. 

17 Section 44310 of title 49, United States Code, is 

18 amended by striking ‘‘March 30, 2008’’ and inserting 

19 ‘‘December 31, 2013’’. 

20 SEC. 354. PROPERTY ACCOUNTABILITY AND DISPOSITION 

21 OF UNLAWFULLY OBTAINED PROPERTY OF 

22 THE ARMED FORCES. 

23 (a) STATUTORY ESTABLISHMENT OF ACCOUNT24 ABILITY FOR PROPERTY OF NAVY AND MARINE CORPS.— 


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1 (1) IN GENERAL.—Chapter 661 of title 10, 

2 United States Code, is amended by adding at the 

3 end the following new section: 

4 ‘‘§ 7864. Property accountability; regulations 

5 ‘‘The Secretary of the Navy may prescribe regula6 tions for the accounting for property of the Navy and the 

7 Marine Corps and for the fixing of responsibility for such 

8 property.’’. 

9 (2) UNAUTHORIZED DISPOSITION AND RECOV10 ERY OF PROPERTY.—Such chapter is further amend11 ed by adding at the end the following new section: 

12 ‘‘§ 7865. Military equipment: unauthorized disposition 

13 ‘‘(a) PROHIBITION.—No member of the Navy or the 

14 Marine Corps may sell, lend, pledge, barter, or give any 

15 clothing, arms, or equipment obtained by or furnished to 

16 the member by the United States to any person other than 

17 a member of the Navy or the Marine Corps authorized 

18 to receive it, an officer of the United States authorized 

19 to receive it, or any other individual authorized to receive 

20 it. 

21 ‘‘(b) SEIZURE OF PROPERTY.—If a member of the 

22 Navy or the Marine Corps disposes of property in violation 

23 of subsection (a) and it is in the possession of a person 

24 who is not authorized to receive it as described in that 

25 subsection, that person has no right to or interest in the 


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1 property, and any civil or military officer of the United 

2 States may seize it, wherever found, subject to applicable 

3 regulations. Possession of such property by a person who 

4 is not authorized to receive it as described in subsection 

5 (a) is prima facie evidence that it has been disposed of 

6 in violation of subsection (a). 

7 ‘‘(c) RETENTION OF SEIZED PROPERTY.—If an offi8 cer who seizes property under subsection (b) is not author9 ized to retain it for the United States, the officer shall 

10 deliver it to a person who is authorized to retain it.’’. 

11 (b) STANDARDIZING AMENDMENTS RELATING TO

12 DISPOSITION OF UNLAWFULLY OBTAINED ARMY AND AIR

13 FORCE PROPERTY.— 

14 (1) ARMY PROPERTY.—Section 4836 of title 10, 

15 United States Code, is amended to read as follows: 

16 ‘‘§ 4836. Military equipment: unauthorized disposition 

17 ‘‘(a) PROHIBITION.—No member of the Army may 

18 sell, lend, pledge, barter, or give any clothing, arms, or 

19 equipment obtained by or furnished to the member by the 

20 United States to any person other than a member of the 

21 Army authorized to receive it, an officer of the United 

22 States authorized to receive it, or any other individual au23 thorized to receive it. 

24 ‘‘(b) SEIZURE OF PROPERTY.—If a member of the 

25 Army disposes of property in violation of subsection (a) 


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1 and it is in the possession of a person who is not author2 ized to receive it as described in that subsection, that per3 son has no right to or interest in the property, and any 

4 civil or military officer of the United States may seize it, 

5 wherever found, subject to applicable regulations. Posses6 sion of such property by a person who is not authorized 

7 to receive it as described in subsection (a) is prima facie 

8 evidence that it has been disposed of in violation of sub9 section (a). 

10 ‘‘(c) RETENTION OF SEIZED PROPERTY.—If an offi11 cer who seizes property under subsection (b) is not author12 ized to retain it for the United States, the officer shall 

13 deliver it to a person who is authorized to retain it.’’. 

14 (2) AIR FORCE PROPERTY.—Section 9836 of 

15 such title is amended is amended to read as follows: 

16 ‘‘§ 9836. Military equipment: unauthorized disposition 

17 ‘‘(a) PROHIBITION.—No member of the Air Force 

18 may sell, lend, pledge, barter, or give any clothing, arms, 

19 or equipment obtained by or furnished to the member by 

20 the United States to any person other than a member of 

21 the Air Force authorized to receive it, an officer of the 

22 United States authorized to receive it, or any other indi23 vidual authorized to receive it. 

24 ‘‘(b) SEIZURE OF PROPERTY.—If a member of the 

25 Air Force disposes of property in violation of subsection 


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1 (a) and it is in the possession of a person who is not au2 thorized to receive it as described in that subsection, that 

3 person has no right to or interest in the property, and 

4 any civil or military officer of the United States may seize 

5 it, wherever found, subject to applicable regulations. Pos6 session of such property by a person who is not authorized 

7 to receive it as described in subsection (a) is prima facie 

8 evidence that it has been disposed of in violation of sub9 section (a). 

10 ‘‘(c) RETENTION OF SEIZED PROPERTY.—If an offi11 cer who seizes property under subsection (b) is not author12 ized to retain it for the United States, the officer shall 

13 deliver it to a person who is authorized to retain it.’’. 

14 (c) CLERICAL AMENDMENTS.— 

15 (1) The table of sections at the beginning of 

16 chapter 453 of such title is amended by striking the 

17 item relating to section 4836 and inserting the fol18 lowing new item: 

‘‘4836. Military equipment: unauthorized disposition.’’. 

19 (2) The table of sections at the beginning of 

20 chapter 661 of such title is amended by adding at 

21 the end the following new items: 

‘‘7864. Property accountability: regulations. 

‘‘7865. Military equipment: unauthorized disposition.’’. 

22 (3) The table of sections at the beginning of 

23 chapter 953 of such title is amended by striking the 


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1 item relating to section 9836 and inserting the fol2 lowing new item: 

‘‘9836. Military equipment: unauthorized disposition.’’. 

3 SEC. 355. AUTHORITY TO IMPOSE REASONABLE CONDI4 TIONS ON THE PAYMENT OF FULL REPLACE5 MENT VALUE FOR CLAIMS RELATED TO PER6 SONAL PROPERTY TRANSPORTED AT GOV7 ERNMENT EXPENSE. 

8 Section 2636a(d) of title 10, United States Code, is 

9 amended by adding at the end the following new sentence: 

10 ‘‘The regulations may require members of the armed 

11 forces or civilian employees of the Department of Defense 

12 to comply with reasonable conditions in order to receive 

13 benefits under this section.’’. 

14 SEC. 356. AUTHORITY FOR INDIVIDUALS TO RETAIN COM15 BAT UNIFORMS ISSUED IN CONNECTION 

16 WITH CONTINGENCY OPERATIONS. 

17 The Secretary of a military department may author18 ize members of the Armed Forces under the jurisdiction 

19 of the Secretary to retain combat uniforms issued as orga20 nizational clothing and individual equipment in connection 

21 with their deployment in support of contingency oper22 ations. 


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1 SEC. 357. MODIFICATION OF REQUIREMENTS ON COMP2 TROLLER GENERAL REPORT ON THE READI3 NESS OF ARMY AND MARINE CORPS GROUND 

4 FORCES. 

5 (a) SUBMITTAL DATE.—Subsection (a)(1) of section 

6 345 of the John Warner National Defense Authorization 

7 Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

8 2156) is amended by striking ‘‘June 1, 2007’’ and insert9 ing ‘‘March 1, 2008’’. 

10 (b) ELEMENTS.—Subsection (b) of such section is 

11 amended— 

12 (1) by striking paragraph (2); 

13 (2) by redesignating paragraphs (3) through 

14 (7) as paragraphs (4) through (8), respectively; and 

15 (3) by inserting after paragraph (1) the fol16 lowing new paragraphs: 

17 ‘‘(2) An assessment of the ability of the Army 

18 and Marine Corps to provide trained and ready 

19 forces to meet the requirements of increased force 

20 levels in support of Operations Iraqi Freedom and 

21 Enduring Freedom and to meet the requirements of 

22 other ongoing operations simultaneously with such 

23 increased force levels. 

24 ‘‘(3) An assessment of the strategic depth of 

25 the Army and Marine Corps and their ability to pro26 vide trained and ready forces to meet the requireVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 ments of the high-priority contingency war plans of 

2 the regional combatant commands, including an 

3 identification and evaluation for each such plan of— 

4 ‘‘(A) the strategic and operational risks as5 sociated with current and projected forces of 

6 current and projected readiness; 

7 ‘‘(B) the time required to make forces 

8 available and prepare them for deployment; and 

9 ‘‘(C) likely strategic tradeoffs necessary to 

10 meet the requirements of each such plan.’’. 

11 (c) DEPARTMENT OF DEFENSE COOPERATION.— 

12 Such section is further amended— 

13 (1) by redesignating subsection (c) as sub14 section (d); and 

15 (2) by inserting after subsection (b) the fol16 lowing new subsection (c): 

17 ‘‘(c) DEPARTMENT OF DEFENSE COOPERATION.— 

18 The Secretary of Defense shall ensure the full cooperation 

19 of the Department of Defense with the Comptroller Gen20 eral for purposes of the preparation of the report required 

21 by this section.’’. 


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1 TITLE IV—MILITARY 

2 PERSONNEL AUTHORIZATIONS 

3 Subtitle A—Active Forces 

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

5 The Armed Forces are authorized strengths for active 

6 duty personnel as of September 30, 2008, as follows: 

7 (1) The Army, 525,400. 

8 (2) The Navy, 328,400. 

9 (3) The Marine Corps, 189,000. 

10 (4) The Air Force, 328,600. 

11 Subtitle B—Reserve Forces 

12 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

13 (a) IN GENERAL.—The Armed Forces are authorized 

14 strengths for Selected Reserve personnel of the reserve 

15 components as of September 30, 2008, as follows: 

16 (1) The Army National Guard of the United 

17 States, 351,300. 

18 (2) The Army Reserve, 205,000. 

19 (3) The Navy Reserve, 67,800. 

20 (4) The Marine Corps Reserve, 39,600. 

21 (5) The Air National Guard of the United 

22 States, 106,700. 

23 (6) The Air Force Reserve, 67,500. 

24 (7) The Coast Guard Reserve, 10,000. 


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1 (b) ADJUSTMENTS.—The end strengths prescribed by 

2 subsection (a) for the Selected Reserve of any reserve com3 ponent shall be proportionately reduced by— 

4 (1) the total authorized strength of units orga5 nized to serve as units of the Selected Reserve of 

6 such component which are on active duty (other 

7 than for training) at the end of the fiscal year; and 

8 (2) the total number of individual members not 

9 in units organized to serve as units of the Selected 

10 Reserve of such component who are on active duty 

11 (other than for training or for unsatisfactory partici12 pation in training) without their consent at the end 

13 of the fiscal year. 

14 Whenever such units or such individual members are re15 leased from active duty during any fiscal year, the end 

16 strength prescribed for such fiscal year for the Selected 

17 Reserve of such reserve component shall be increased pro18 portionately by the total authorized strengths of such 

19 units and by the total number of such individual members. 

20 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

21 DUTY IN SUPPORT OF THE RESERVES. 

22 Within the end strengths prescribed in section 

23 411(a), the reserve components of the Armed Forces are 

24 authorized, as of September 30, 2008, the following num25 ber of Reserves to be serving on full-time active duty or 


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1 full-time duty, in the case of members of the National 

2 Guard, for the purpose of organizing, administering, re3 cruiting, instructing, or training the reserve components: 

4 (1) The Army National Guard of the United 

5 States, 29,204. 

6 (2) The Army Reserve, 15,870. 

7 (3) The Navy Reserve, 11,579. 

8 (4) The Marine Corps Reserve, 2,261. 

9 (5) The Air National Guard of the United 

10 States, 13,936. 

11 (6) The Air Force Reserve, 2,721. 

12 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

13 (DUAL STATUS). 

14 The minimum number of military technicians (dual 

15 status) as of the last day of fiscal year 2008 for the re16 serve components of the Army and the Air Force (notwith17 standing section 129 of title 10, United States Code) shall 

18 be the following: 

19 (1) For the Army Reserve, 8,249. 

20 (2) For the Army National Guard of the United 

21 States, 26,502. 

22 (3) For the Air Force Reserve, 9,909. 

23 (4) For the Air National Guard of the United 

24 States, 22,553. 


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1 SEC. 414. FISCAL YEAR 2008 LIMITATION ON NUMBER OF 

2 NON-DUAL STATUS TECHNICIANS. 

3 (a) LIMITATIONS.— 

4 (1) NATIONAL GUARD.—Within the limitation 

5 provided in section 10217(c)(2) of title 10, United 

6 States Code, the number of non-dual status techni7 cians employed by the National Guard as of Sep8 tember 30, 2008, may not exceed the following: 

9 (A) For the Army National Guard of the 

10 United States, 1,600. 

11 (B) For the Air National Guard of the 

12 United States, 350. 

13 (2) ARMY RESERVE.—The number of non-dual 

14 status technicians employed by the Army Reserve as 

15 of September 30, 2008, may not exceed 595. 

16 (3) AIR FORCE RESERVE.—The number of non17 dual status technicians employed by the Air Force 

18 Reserve as of September 30, 2008, may not exceed 

19 90. 

20 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

21 this section, the term ‘‘non-dual status technician’’ has the 

22 meaning given that term in section 10217(a) of title 10, 

23 United States Code. 


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1 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU2 THORIZED TO BE ON ACTIVE DUTY FOR 

3 OPERATIONAL SUPPORT. 

4 During fiscal year 2008, the maximum number of 

5 members of the reserve components of the Armed Forces 

6 who may be serving at any time on full-time operational 

7 support duty under section 115(b) of title 10, United 

8 States Code, is the following: 

9 (1) The Army National Guard of the United 

10 States, 17,000. 

11 (2) The Army Reserve, 13,000. 

12 (3) The Navy Reserve, 6,200. 

13 (4) The Marine Corps Reserve, 3,000. 

14 (5) The Air National Guard of the United 

15 States, 16,000. 

16 (6) The Air Force Reserve, 14,000. 

17 Subtitle C—Authorization of 

18 Appropriations 

19 SEC. 421. MILITARY PERSONNEL. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2008 for military personnel, in amounts as fol22 lows: 

23 (1) For the Army, $34,952,762,000. 

24 (2) For the Navy, $23,300,841,000. 

25 (3) For the Marine Corps, $11,065,542,000. 

26 (4) For the Air Force, $24,091,993,000. 


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1 (5) For the Army Reserve, $3,701,197,000. 

2 (6) For the Navy Reserve, $1,766,408,000. 

3 (7) For the Marine Corps Reserve, 

4 $593,961,000. 

5 (8) For the Air Force Reserve, $1,356,618,000. 

6 (9) For the Army National Guard, 

7 $5,914,979,000. 

8 (10) For the Air National Guard, 

9 $2,607,456,000. 

10 TITLE V—MILITARY PERSONNEL 

11 POLICY 

12 Subtitle A—Officer Personnel 

13 Policy 

14 SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR 

15 ARMY OFFICERS ON ACTIVE DUTY IN THE 

16 GRADE OF MAJOR TO MEET FORCE STRUC17 TURE REQUIREMENTS. 

18 The table in section 523(a)(1) of title 10, United 

19 States Code, is amended by striking the items under the 

20 heading ‘‘Major’’ in the portion of the table relating to 

21 the Army and inserting the following new items: 

‘‘7,768 

8,689 

9,611 

10,532 

11,454 

12,375 

13,297 

14,218 

15,140 

16,061 


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16,983 

17,903 

18,825 

19,746 

20,668 

21,589 

22,511 

24,354 

26,197 

28,040 

35,412’’. 

1 SEC. 502. INCREASE IN AUTHORIZED STRENGTHS FOR 

2 NAVY OFFICERS ON ACTIVE DUTY IN GRADES 

3 OF LIEUTENANT COMMANDER, COMMANDER, 

4 AND CAPTAIN TO MEET FORCE STRUCTURE 

5 REQUIREMENTS. 

6 (a) IN GENERAL.—The table in section 523(a)(2) of 

7 title 10, United States Code, is amended to read as fol8 lows: 

‘‘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 the 

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’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect on October 1, 2007. 

3 SEC. 503. EXPANSION OF EXCLUSION OF MILITARY PERMA4 NENT PROFESSORS FROM STRENGTH LIMITA5 TIONS FOR OFFICERS BELOW GENERAL AND 

6 FLAG GRADES. 

7 (a) INCLUSION OF PERMANENT PROFESSORS OF THE

8 NAVY.—Section 523(b)(8) of title 10, United States Code, 

9 is amended— 

10 (1) by striking ‘‘Naval Academy’’ and inserting 

11 ‘‘Navy’’; and 

12 (2) by inserting ‘‘or service’’ before the period 

13 at the end. 

14 (b) EXPANSION OF EXCLUSION GENERALLY.—Such 

15 section is further amended by striking ‘‘50’’ and inserting 

16 ‘‘85’’. 

17 SEC. 504. MANDATORY RETIREMENT AGE FOR ACTIVE18 DUTY GENERAL AND FLAG OFFICERS CON19 TINUED ON ACTIVE DUTY. 

20 Section 637(b)(3) of title 10, United States Code, is 

21 amended by striking ‘‘but such period may not (except as 

22 provided under section 1251(b) of this title) extend beyond 

23 the date of the officer’s sixty-second birthday’’ and insert24 ing ‘‘except as provided under section 1253 of this title’’. 


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1 SEC. 505. AUTHORITY FOR REDUCED MANDATORY SERVICE 

2 OBLIGATION FOR INITIAL APPOINTMENTS OF 

3 OFFICERS IN CRITICALLY SHORT HEALTH 

4 PROFESSIONAL SPECIALTIES. 

5 Section 651 of title 10, United States Code, is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(c)(1) The Secretary of Defense may waive the serv9 ice required by subsection (a) for initial appointments of 

10 commissioned officers in such critically short health pro11 fessional specialties as the Secretary shall specify for pur12 poses of this subsection. 

13 ‘‘(2) The minimum period of obligated service for an 

14 officer under a waiver under this subsection shall be the 

15 greater of— 

16 ‘‘(A) two years; or 

17 ‘‘(B) in the case of an officer who has accepted 

18 an accession bonus or executed a contract or agree19 ment for the multiyear receipt of special pay for 

20 service in the armed forces, the period of obligated 

21 service specified in such contract or agreement.’’. 

22 SEC. 506. INCREASE IN AUTHORIZED NUMBER OF PERMA23 NENT PROFESSORS AT THE UNITED STATES 

24 MILITARY ACADEMY. 

25 Paragraph (4) of section 4331(b) of title 10, United 

26 States Code, is amended to read as follows: 


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1 ‘‘(4) Twenty-eight permanent professors.’’. 

2 SEC. 507. EXPANSION OF AUTHORITY FOR REENLISTMENT 

3 OF OFFICERS IN THEIR FORMER ENLISTED 

4 GRADE. 

5 (a) REGULAR ARMY.—Section 3258 of title 10, 

6 United States Code, is amended— 

7 (1) in subsection (a)— 

8 (A) by striking ‘‘a Reserve officer’’ and in9 serting ‘‘an officer’’; and 

10 (B) by striking ‘‘a temporary appoint11 ment’’ and inserting ‘‘an appointment’’; and 

12 (2) in subsection (b)— 

13 (A) in paragraph (1), by striking ‘‘a Re14 serve officer’’ and inserting ‘‘an officer’’; and 

15 (B) in paragraph (2), by striking ‘‘the Re16 serve commission’’ and inserting ‘‘the commis17 sion’’. 

18 (b) REGULAR AIR FORCE.—Section 8258 of such 

19 title is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘a reserve officer’’ and in22 serting ‘‘an officer’’; and 

23 (B) by striking ‘‘a temporary appoint24 ment’’ and inserting ‘‘an appointment’’; and 

25 (2) in subsection (b)— 


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1 (A) in paragraph (1), by striking ‘‘a Re2 serve officer’’ and inserting ‘‘an officer’’; and 

3 (B) in paragraph (2), by striking ‘‘the Re4 serve commission’’ and inserting ‘‘the commis5 sion’’. 

6 SEC. 508. ENHANCED AUTHORITY FOR RESERVE GENERAL 

7 AND FLAG OFFICERS TO SERVE ON ACTIVE 

8 DUTY. 

9 Section 526(d) of title 10, United States Code, is 

10 amended— 

11 (1) by inserting ‘‘(1)’’ before ‘‘The limitations’’; 

12 and 

13 (2) by adding at the end the following new 

14 paragraph: 

15 ‘‘(2) The limitations of this section also do not apply 

16 to a number, as specified by the Secretary of the military 

17 department concerned, of reserve component general or 

18 flag officers authorized to serve on active duty for a period 

19 of not more than 365 days. The number so specified for 

20 an armed force may not exceed the number equal to ten 

21 percent of the authorized number of general or flag offi22 cers, as the case may be, of that armed force under section 

23 12004 of this title. In determining such number, any frac24 tion shall be rounded down to the next whole number, ex25 cept that such number shall be at least one.’’. 


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1 SEC. 509. PROMOTION OF CAREER MILITARY PROFESSORS 

2 OF THE NAVY. 

3 (a) PROMOTION.— 

4 (1) IN GENERAL.—Chapter 603 of title 10, 

5 United States Code, is amended— 

6 (A) by redesignating section 6970 as sec7 tion 6970a; and 

8 (B) by inserting after section 6969 the fol9 lowing new section 6970: 

10 ‘‘§ 6970. Permanent professors: promotion 

11 ‘‘(a) PROMOTION.—An officer serving as a perma12 nent professor may be recommended for promotion to the 

13 grade of captain or colonel, as the case may be, under reg14 ulations prescribed by the Secretary of the Navy. The reg15 ulations shall include a competitive selection board process 

16 to identify those permanent professors best qualified for 

17 promotion. An officer so recommended shall be promoted 

18 by appointment to the higher grade by the President, by 

19 and with the advice and consent of the Senate. 

20 ‘‘(b) EFFECTIVE DATE OF PROMOTION.—If made, 

21 the promotion of an officer under subsection (a) shall be 

22 effective not earlier than three years after the selection 

23 of the officer as a permanent professor as described in 

24 that subsection.’’. 

25 (2) CLERICAL AMENDMENT.—The table of sec26 tions at the beginning of chapter 603 of such title 


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1 is amended by striking the item relating to section 

2 6970 and inserting the following new items: 

‘‘6970. Permanent professors: promotion. 

‘‘6970a. Permanent professors: retirement for years of service; authority for deferral.’’. 

3 (b) CONFORMING AMENDMENTS.—Section 641(2) of 

4 such title is amended— 

5 (1) by striking ‘‘and the registrar’’ and insert6 ing ‘‘, the registrar’’; and 

7 (2) by inserting before the period at the end the 

8 following: ‘‘, and permanent professors of the Navy 

9 (as defined in regulations prescribed by the Sec10 retary of the Navy)’’. 

11 Subtitle B—Enlisted Personnel 

12 Policy 

13 SEC. 521. INCREASE IN AUTHORIZED DAILY AVERAGE OF 

14 NUMBER OF MEMBERS IN PAY GRADE E–9. 

15 (a) INCREASE.—Section 517(a) of title 10, United 

16 States Code, is amended by striking ‘‘1 percent’’ and in17 serting ‘‘1.25 percent’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) shall take effect on October 1, 2007, and 

20 shall apply with respect to fiscal years beginning on or 

21 after that date. 


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1 Subtitle C—Reserve Component 

2 Management 

3 SEC. 531. REVISED DESIGNATION, STRUCTURE, AND FUNC4 TIONS OF THE RESERVE FORCES POLICY 

5 BOARD. 

6 (a) MODIFICATION OF DESIGNATION, STRUCTURE, 

7 AND FUNCTIONS OF RESERVE FORCES POLICY BOARD.— 

8 (1) IN GENERAL.—Section 10301 of title 10, 

9 United States Code, is amended to read as follows: 

10 ‘‘§ 10301. Reserve Policy Advisory Board 

11 ‘‘(a) There is in the Office of the Secretary of De12 fense a Reserve Policy Advisory Board. 

13 ‘‘(b)(1) The Board shall consist of a civilian chairman 

14 and not more than 15 other members, each appointed by 

15 the Secretary of Defense, of whom— 

16 ‘‘(A) not more than 4 members may be Govern17 ment civilian officials who must be from outside the 

18 Department of Defense; and 

19 ‘‘(B) not more than 2 members may be mem20 bers of the armed forces. 

21 ‘‘(2) Each member appointed to serve on the Board 

22 shall have— 

23 ‘‘(A) extensive knowledge, or experience with, 

24 reserve component matters, national security and 

25 national military strategies of the United States, or 


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1 roles and missions of the regular components and 

2 the reserve components; 

3 ‘‘(B) extensive knowledge of, or experience in, 

4 homeland defense and matters involving Department 

5 of Defense support to civil authorities; or 

6 ‘‘(C) a distinguished background in govern7 ment, business, personnel planning, technology and 

8 its application in military operations, or other fields 

9 that are pertinent to the management and utilization 

10 of the reserve components. 

11 ‘‘(3) Each member of the Board shall serve for a term 

12 of 2 years, and, at the conclusion of such term, may be 

13 appointed under this subsection to serve an additional 

14 term of 2 years. 

15 ‘‘(4) Upon the designation of the chairman of the 

16 Board and the approval of the Secretary of Defense, an 

17 officer of the Army, Navy, Air Force, or Marine Corps 

18 in the Reserves or the National Guard who is a general 

19 or flag officer shall serve as the military advisor to, and 

20 executive officer of, the Board. Such service shall be either 

21 full-time or part-time, as designated by the Secretary of 

22 Defense, and shall be in a non-voting status on the Board. 

23 ‘‘(c)(1) This section does not affect the committees 

24 on reserve policies prescribed within the military depart25 ments by sections 10302 through 10305 of this title. 


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1 ‘‘(2) A member of a committee or board prescribed 

2 under a section listed in paragraph (1) may, if otherwise 

3 eligible, be a member of the Reserve Policy Advisory 

4 Board. 

5 ‘‘(d)(1) The Board shall provide the Secretary of De6 fense, through the Deputy Secretary of Defense, with 

7 independent advice and recommendations on strategies, 

8 policies, and practices designed to improve the capability, 

9 efficiency, and effectiveness of the reserve components. 

10 ‘‘(2) The Board shall act on those matters referred 

11 to it by the Secretary or the chairman and, in addition, 

12 on any matter raised by a member of the Board. 

13 ‘‘(e) The Under Secretary of Defense for Personnel 

14 and Readiness shall provide necessary logistical support 

15 to the Board. 

16 ‘‘(f) The Board shall not be subject to the provisions 

17 of the Federal Advisory Committee Act (5 U.S.C. App.).’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of chapter 1009 of such title 

20 is amended by striking the item relating to section 

21 10301 and inserting the following new item: 

‘‘10301. Reserve Policy Advisory Board.’’. 

22 (3) REFERENCES.—Any reference in any law, 

23 regulation, document, record, or other paper of the 

24 United States to the Reserve Forces Policy Board 


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1 shall be deemed to be a reference to the Reserve Pol2 icy Advisory Board. 

3 (b) INCLUSION OF MATTERS FROM BOARD IN AN4 NUAL REPORT ON ACTIVITIES OF DEPARTMENT OF DE5 FENSE.—Paragraph (2) of section 113(c) of title 10, 

6 United States Code, is amended to read as follows: 

7 ‘‘(2) At the same time the Secretary submits the an8 nual report under paragraph (1), the Secretary may trans9 mit to the President and Congress with such report any 

10 additional matters from the Reserve Policy Advisory 

11 Board on the programs and activities of the reserve com12 ponents as the Secretary considers appropriate to include 

13 in such report.’’. 

14 SEC. 532. CHARTER FOR THE NATIONAL GUARD BUREAU. 

15 (a) PRESCRIPTION OF CHARTER BY SECRETARY OF

16 DEFENSE.—Section 10503 of title 10, United States 

17 Code, is amended— 

18 (1) by striking ‘‘The Secretary of the Army and 

19 the Secretary of the Air Force shall jointly develop 

20 and’’ in the matter preceding paragraph (1) and in21 serting ‘‘The Secretary of the Defense shall, in con22 sultation with the Secretary of the Army, the Sec23 retary of the Air Force, and the Chairman of the 

24 Joint Chiefs of Staff,’’; 


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1 (2) in paragraph (10), by striking ‘‘the Army 

2 and Air Force’’ and inserting ‘‘the Secretary of De3 fense, the Secretary of the Army, and the Secretary 

4 of the Air Force’’; and 

5 (3) in paragraph (12), by striking ‘‘Secretaries’’ 

6 and inserting ‘‘Secretary of Defense, the Secretary 

7 of the Army, and the Secretary of the Air Force’’. 

8 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

9 (1) CONFORMING AMENDMENT.—The heading 

10 of section 10503 of such title is amended to read as 

11 follows: 

12 ‘‘§ 10503. Functions of National Guard Bureau: char13 ter from the Secretary of Defense’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 1011 of such title 

16 is amended by striking the item related to section 

17 10503 and inserting the following new item: 

‘‘10503. Functions of the National Guard Bureau: charter from the Secretary 

of Defense.’’. 

18 SEC. 533. APPOINTMENT, GRADE, DUTIES, AND RETIRE19 MENT OF THE CHIEF OF THE NATIONAL 

20 GUARD BUREAU. 

21 (a) APPOINTMENT.—Subsection (a) of section 10502 

22 of title 10, United States Code, is amended by striking 

23 paragraphs (1) through (3) and inserting the following 

24 new paragraphs: 


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1 ‘‘(1) are recommended for such appointment by 

2 their respective Governors or, in the case of the Dis3 trict of Columbia, the commanding general of the 

4 District of Columbia National Guard; 

5 ‘‘(2) are recommended for such appointment by 

6 the Secretary of the Army or the Secretary of the 

7 Air Force; 

8 ‘‘(3) have had at least 10 years of federally rec9 ognized commissioned service in an active status in 

10 the National Guard; 

11 ‘‘(4) are in a grade above the grade of brigadier 

12 general; 

13 ‘‘(5) are determined by the Chairman of the 

14 Joint Chiefs of Staff, in accordance with criteria and 

15 as a result of a process established by the Chairman, 

16 to have significant joint duty experience; 

17 ‘‘(6) are determined by the Secretary of De18 fense to have successfully completed such other as19 signments and experiences so as to possess a de20 tailed understanding of the status and capabilities of 

21 National Guard forces and the missions of the Na22 tional Guard Bureau as set forth in section 10503 

23 of this title; 

24 ‘‘(7) have a level of operational experience in a 

25 position of significant responsibility, professional 


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1 military education, and demonstrated expertise in 

2 national defense and homeland defense matters that 

3 are commensurate with the advisory role of the 

4 Chief of the National Guard Bureau; and 

5 ‘‘(8) possess such other qualifications as the 

6 Secretary of Defense shall prescribe for purposes of 

7 this section.’’. 

8 (b) GRADE.—Subsection (d) of such section is 

9 amended by striking ‘‘lieutenant general’’ and inserting 

10 ‘‘general’’. 

11 (c) REPEAL OF AGE 64 LIMITATION ON SERVICE.— 

12 Subsection (b) of such section is amended by striking ‘‘An 

13 officer may not hold that office after becoming 64 years 

14 of age.’’. 

15 (d) ADVISORY DUTIES.—Subsection (c) of section 

16 10502 of such title is amended to read as follows: 

17 ‘‘(c) ADVISOR ON NATIONAL GUARD MATTERS.—The 

18 Chief of the National Guard Bureau is— 

19 ‘‘(1) an advisor to the Secretary of Defense, 

20 through the Chairman of the Joint Chiefs of Staff, 

21 on matters involving non-federalized National Guard 

22 forces and on other matters as determined by the 

23 Secretary of Defense; and 

24 ‘‘(2) the principal adviser to the Secretary of 

25 the Army and the Chief of Staff of the Army, and 


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1 to the Secretary of the Air Force and the Chief of 

2 Staff of the Air Force, on matters relating to the 

3 National Guard, the Army National Guard of the 

4 United States, and the Air National Guard of the 

5 United States.’’. 

6 (e) DEFERRAL OF RETIREMENT.—Section 14512(a) 

7 of such title is amended by adding at the end the following 

8 new paragraph: 

9 ‘‘(3) The President may defer the retirement of an 

10 officer serving in the position specified in paragraph 

11 (2)(A), but such deferment may not extend beyond the 

12 first day of the month following the month in which the 

13 officer becomes 68 years of age.’’. 

14 SEC. 534. MANDATORY SEPARATION FOR YEARS OF SERV15 ICE OF RESERVE OFFICERS IN THE GRADE 

16 OF LIEUTENANT GENERAL OR VICE ADMI17 RAL. 

18 Section 14508 of title 10, United States Code, is 

19 amended— 

20 (1) by redesignating subsections (c), (d), and 

21 (e) as subsections (d), (e) and (f), respectively; and 

22 (2) by inserting after subsection (b) the fol23 lowing new subsection (c): 

24 ‘‘(c) THIRTY-EIGHT YEARS OF SERVICE FOR LIEU25 TENANT GENERALS AND VICE ADMIRALS.—Unless reVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 tired, transferred to the Retired Reserve, or discharged 

2 at an earlier date, each reserve officer of the Army, Air 

3 Force, or Marine Corps in the grade of lieutenant general, 

4 and each reserve officer of the Navy in the grade of vice 

5 admiral, shall, 30 days after completion of 38 years of 

6 commissioned service, be separated in accordance with sec7 tion 14514 of this title.’’. 

8 SEC. 535. INCREASE IN PERIOD OF TEMPORARY FEDERAL 

9 RECOGNITION AS OFFICERS OF THE NA10 TIONAL GUARD FROM SIX TO TWELVE 

11 MONTHS. 

12 Section 308(a) of title 32, United States Code, is 

13 amended by striking ‘‘six months’’ and inserting ‘‘12 

14 months’’. 

15 Subtitle D—Education and 

16 Training 

17 SEC. 551. GRADE AND SERVICE CREDIT OF COMMISSIONED 

18 OFFICERS IN UNIFORMED MEDICAL ACCES19 SION PROGRAMS. 

20 (a) MEDICAL STUDENTS OF USUHS.—Section 

21 2114(b) of title 10, United States Code, is amended by 

22 striking the second sentence and inserting the following 

23 new sentences: ‘‘Medical students so commissioned shall 

24 be appointed as regular officers in the grade of second 

25 lieutenant or ensign, or if they meet promotion criteria 


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1 prescribed by the Secretary concerned, in the grade of first 

2 lieutenant or lieutenant (junior grade), and shall serve on 

3 active duty with full pay and allowances of an officer in 

4 the applicable grade. Any prior service of medical students 

5 on active duty shall be deemed, for pay purposes, to have 

6 been service as a warrant officer.’’. 

7 (b) PARTICIPANTS IN HEALTH PROFESSIONS SCHOL8 ARSHIP AND FINANCIAL ASSISTANCE PROGRAM.— 

9 (1) GRADE OF PARTICIPANTS.—Section 2121(c) 

10 of such title is amended by striking the second sen11 tence and inserting the following new sentences: 

12 ‘‘Persons so commissioned shall be appointed in the 

13 grade of second lieutenant or ensign, or if they meet 

14 promotion criteria prescribed by the Secretary con15 cerned, in the grade of first lieutenant or lieutenant 

16 (junior grade), and shall serve on active duty with 

17 full pay and allowances of an officer in the applica18 ble grade for a period of 45 days during each year 

19 of participation in the program. Any prior service of 

20 such persons on active duty shall be deemed, for pay 

21 purposes, to have been service as a warrant officer.’’. 

22 (2) SERVICE CREDIT.—Subsection (a) of section 

23 2126 of such title is amended to read as follows: 

24 ‘‘(a) SERVICE NOT CREDITABLE.—Except as pro25 vided in subsection (b), service performed while a member 


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1 of the program shall not be counted in determining eligi2 bility for retirement other than by reason of a physical 

3 disability incurred while on active duty as a member of 

4 the program.’’. 

5 (c) OFFICERS DETAILED AS STUDENTS AT MEDICAL

6 SCHOOLS.—Subsection (a) of section 2004a of such title 

7 is amended by adding at the end the following new sen8 tences: ‘‘An officer detailed under this section shall serve 

9 on active duty, subject to the limitations on grade specified 

10 in section 2114(b) of this title. Any prior active service 

11 of such an officer shall be deemed, for pay purposes, to 

12 have been served as a warrant officer.’’. 

13 SEC. 552. EXPANSION OF NUMBER OF ACADEMIES SUP14 PORTABLE IN ANY STATE UNDER STARBASE 

15 PROGRAM. 

16 (a) EXPANSION.—Section 2193b(c)(3) of title 10, 

17 United States Code, is amended— 

18 (1) in subparagraph (A), by striking ‘‘more 

19 than two academies’’ and inserting ‘‘more than four 

20 academies’’; and 

21 (2) in subparagraph (B), by striking ‘‘in excess 

22 of two’’ both places it appears and inserting ‘‘in ex23 cess of four’’. 

24 (b) EFFECTIVE DATE.—The amendments made by 

25 subsection (a) shall take effect on October 1, 2007. 


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1 SEC. 553. REPEAL OF POST-2007–2008 ACADEMIC YEAR PRO2 HIBITION ON PHASED INCREASE IN CADET 

3 STRENGTH LIMIT AT THE UNITED STATES 

4 MILITARY ACADEMY. 

5 Section 4342(j)(1) of title 10, United States Code, 

6 is amended by striking the last sentence. 

7 SEC. 554. TREATMENT OF SOUTHOLD, MATTITUCK, AND 

8 GREENPORT HIGH SCHOOLS, SOUTHOLD, 

9 NEW YORK, AS SINGLE INSTITUTION FOR 

10 PURPOSES OF MAINTAINING A JUNIOR RE11 SERVE OFFICERS’ TRAINING CORPS UNIT. 

12 Southold High School, Mattituck High School, and 

13 Greenport High School, located in Southold, New York, 

14 may be treated as a single institution for purposes of the 

15 maintenance of a unit of the Junior Reserve Officers’ 

16 Training Corps of the Navy. 

17 Subtitle E—Defense Dependents’

18 Education Matters 

19 SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

20 EDUCATIONAL AGENCIES THAT BENEFIT DE21 PENDENTS OF MEMBERS OF THE ARMED 

22 FORCES AND DEPARTMENT OF DEFENSE CI23 VILIAN EMPLOYEES. 

24 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

25 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

26 amount authorized to be appropriated pursuant to section 


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1 301(5) for operation and maintenance for Defense-wide 

2 activities, $35,000,000 shall be available only for the pur3 pose of providing assistance to local educational agencies 

4 under subsection (a) of section 572 of the National De5 fense Authorization Act for Fiscal Year 2006 (Public Law 

6 109–163; 119 Stat. 3271; 20 U.S.C. 7703b). 

7 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

8 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

9 CHANGES, OR FORCE RELOCATIONS.—Of the amount au10 thorized to be appropriated pursuant to section 301(5) for 

11 operation and maintenance for Defense-wide activities, 

12 $10,000,000 shall be available only for the purpose of pro13 viding assistance to local educational agencies under sub14 section (b) of such section 572. 

15 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In 

16 this section, the term ‘‘local educational agency’’ has the 

17 meaning given that term in section 8013(9) of the Ele18 mentary and Secondary Education Act of 1965 (20 U.S.C. 

19 7713(9)). 

20 SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DIS21 ABILITIES. 

22 Of the amount authorized to be appropriated pursu23 ant to section 301(5) for operation and maintenance for 

24 Defense-wide activities, $5,000,000 shall be available for 

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1 tional Defense Authorization Act for Fiscal Year 2001 (as 

2 enacted into law by Public Law 106–398; 114 Stat. 

3 1654A–77; 20 U.S.C. 7703a). 

4 SEC. 563. INCLUSION OF DEPENDENTS OF NON-DEPART5 MENT OF DEFENSE EMPLOYEES EMPLOYED 

6 ON FEDERAL PROPERTY IN PLAN RELATING 

7 TO FORCE STRUCTURE CHANGES, RELOCA8 TION OF MILITARY UNITS, OR BASE CLO9 SURES AND REALIGNMENTS. 

10 Section 574(e)(3) of the John Warner National De11 fense Authorization Act for Fiscal Year 2007 (Public Law 

12 109–364; 120 Stat. 2227; 20 U.S.C. 7703b note) is 

13 amended— 

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

15 the end; 

16 (2) in subparagraph (B), by striking the period 

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

18 (3) by adding at the end the following new sub19 paragraph: 

20 ‘‘(C) elementary and secondary school stu21 dents who are dependents of personnel who are 

22 not members of the Armed Forces or civilian 

23 employees of the Department of Defense but 

24 who are employed on Federal property.’’. 


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1 SEC. 564. AUTHORITY FOR PAYMENT OF PRIVATE BOARD2 ING SCHOOL TUITION FOR MILITARY DE3 PENDENTS IN OVERSEAS AREAS NOT SERVED 

4 BY DEPARTMENT OF DEFENSE DEPENDENTS’

5 SCHOOLS. 

6 Section 1407(b)(1) of the Defense Dependents’ Edu7 cation Act of 1978 (20 U.S.C. 926(b)(1)) is amended in 

8 the first sentence by inserting ‘‘, including private board9 ing schools in the United States,’’ after ‘‘subsection (a)’’. 

10 Subtitle F—Military Justice and 

11 Legal Assistance Matters 

12 SEC. 571. AUTHORITY OF JUDGES OF THE UNITED STATES 

13 COURT OF APPEALS FOR THE ARMED 

14 FORCES TO ADMINISTER OATHS. 

15 Section 936 of title 10, United States Code (article 

16 136 of the Uniform Code of Military Justice), is amended 

17 by adding at the end the following new subsection: 

18 ‘‘(c) The judges of the United States Court of Ap19 peals for the Armed Forces may administer oaths.’’. 

20 SEC. 572. MILITARY LEGAL ASSISTANCE FOR DEPARTMENT 

21 OF DEFENSE CIVILIAN EMPLOYEES IN AREAS 

22 WITHOUT ACCESS TO NON-MILITARY LEGAL 

23 ASSISTANCE. 

24 Section 1044(a) of title 10, United States Code, is 

25 amended by adding at the end the following new para26 graph: 


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1 ‘‘(6) Civilian employees of the Department of 

2 Defense in locations where legal assistance from 

3 non-military legal assistance providers is not reason4 ably available.’’. 

5 SEC. 573. MODIFICATION OF AUTHORITIES ON SENIOR 

6 MEMBERS OF THE JUDGE ADVOCATE GEN7 ERALS’ CORPS. 

8 (a) DEPARTMENT OF THE ARMY.— 

9 (1) GRADE OF JUDGE ADVOCATE GENERAL.— 

10 Subsection (a) of section 3037 of title 10, United 

11 States Code, is amended by striking the third sen12 tence and inserting the following new sentence: ‘‘The 

13 Judge Advocate General, while so serving, has the 

14 grade of lieutenant general.’’. 

15 (2) REDESIGNATION OF ASSISTANT JUDGE AD16 VOCATE GENERAL AS DEPUTY JUDGE ADVOCATE

17 GENERAL.—Such section is further amended— 

18 (A) in subsection (a), by striking ‘‘Assist19 ant Judge Advocate General’’ each place it ap20 pears and inserting ‘‘Deputy Judge Advocate 

21 General’’; and 

22 (B) in subsection (d), by striking ‘‘Assist23 ant Judge Advocate General’’ and inserting 

24 ‘‘Deputy Judge Advocate General’’. 


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1 (3) CONFORMING AND CLERICAL AMEND2 MENTS.—(A) The heading of such section is amend3 ed by striking ‘‘ASSISTANT JUDGE ADVOCATE

4 GENERAL’’ and inserting ‘‘DEPUTY JUDGE ADVO5 CATE GENERAL’’. 

6 (B) The table of sections at the beginning of 

7 chapter 305 of such title is amended in the item re8 lating to section 3037 by striking ‘‘Assistant Judge 

9 Advocate General’’ and inserting ‘‘Deputy Judge Ad10 vocate General’’. 

11 (b) GRADE OF JUDGE ADVOCATE GENERAL OF THE

12 NAVY.—Section 5148(b) of such title is amended in sub13 section by striking the last sentence and inserting the fol14 lowing new sentence: ‘‘The Judge Advocate General, while 

15 so serving, has the grade of vice admiral or lieutenant gen16 eral, as appropriate.’’. 

17 (c) GRADE OF JUDGE ADVOCATE GENERAL OF THE

18 AIR FORCE.—Section 8037(a) of such title is amended by 

19 striking the last sentence and inserting the following new 

20 sentence: ‘‘The Judge Advocate General, while so serving, 

21 has the grade of lieutenant general.’’. 

22 (d) EXCLUSION FROM ACTIVE-DUTY GENERAL AND

23 FLAG OFFICER STRENGTH AND DISTRIBUTION LIMITA24 TIONS.—Section 525(b) of such title is amended by adding 

25 at the end the following new paragraph: 


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1 ‘‘(9) An officer while serving as the Judge Advocate 

2 General of the Army, the Judge Advocate General of the 

3 Navy, or the Judge Advocate General of the Air Force 

4 is in addition to the number that would otherwise be per5 mitted for that officer’s armed force for officers serving 

6 on active duty in grades above major general or rear admi7 ral under paragraph (1) or (2), as applicable.’’. 

8 (e) LEGAL COUNSEL TO CHAIRMAN OF THE JOINT

9 CHIEFS OF STAFF.— 

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

11 States Code, is amended by adding at the end the 

12 following new section: 

13 ‘‘§ 156. Legal Counsel to the Chairman of the Joint 

14 Chiefs of Staff 

15 ‘‘(a) IN GENERAL.—There is a Legal Counsel to the 

16 Chairman of the Joint Chiefs of Staff. 

17 ‘‘(b) SELECTION FOR APPOINTMENT.—Under regula18 tions prescribed by the Secretary of Defense, the officer 

19 selected for appointment to serve as Legal Counsel to the 

20 Chairman of the Joint Chiefs of Staff shall be rec21 ommended by a board of officers convened by the Sec22 retary of Defense that, insofar as practicable, is subject 

23 to the procedures applicable to selection boards convened 

24 under chapter 36 of this title. 


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1 ‘‘(c) GRADE.—An officer appointed to serve as Legal 

2 Counsel to the Chairman of the Joint Chiefs of Staff shall, 

3 while so serving, hold the grade of brigadier general or 

4 rear admiral (lower half). 

5 ‘‘(d) DUTIES.—The Legal Counsel of the Chairman 

6 of the Joint Chiefs of Staff shall perform such legal duties 

7 in support of the responsibilities of the Chairman of the 

8 Joint Chiefs of Staff as the Chairman may prescribe.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of chapter 5 of such title is 

11 amended by adding at the end the following new 

12 item: 

‘‘156. Legal Counsel to the Chairman of the Joint Chiefs of Staff.’’. 

13 Subtitle G—Military Family 

14 Readiness 

15 SEC. 581. DEPARTMENT OF DEFENSE MILITARY FAMILY 

16 READINESS COUNCIL. 

17 (a) IN GENERAL.—Subchapter I of chapter 88 of title 

18 10, United States Code, is amended by inserting after sec19 tion 1781 the following new section: 

20 ‘‘§ 1781a. Department of Defense Military Family 

21 Readiness Council 

22 ‘‘(a) IN GENERAL.—There is in the Department of 

23 Defense the Department of Defense Military Family 

24 Readiness Council (hereafter in this section referred to as 

25 the ‘Council’). 


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1 ‘‘(b) MEMBERS.—(1) The members of the Council 

2 shall be the following: 

3 ‘‘(A) The Under Secretary of Defense for Per4 sonnel and Readiness, who shall serve as chair of the 

5 Council. 

6 ‘‘(B) One representative of each of the Army, 

7 the Navy, the Marine Corps, and the Air Force, who 

8 shall be appointed by Secretary of Defense. 

9 ‘‘(C) Three individuals appointed by the Sec10 retary of Defense from among representatives of 

11 military family organizations (including military 

12 family organizations of families of members of the 

13 regular components and of families of members of 

14 the reserve components), of whom not less than two 

15 shall be members of the family of an enlisted mem16 ber of the armed forces. 

17 ‘‘(2) The term on the Council of the members ap18 pointed under paragraph (1)(C) shall be three years. 

19 ‘‘(c) MEETINGS.—The Council shall meet not less 

20 often than twice each year. Not more than one meeting 

21 of the Council each year shall be in the National Capital 

22 Region. 

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 on the policy and plans re3 quired 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 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 tion of funding and other resources to and among 

2 such programs and activities.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of subchapter I of chapter 88 of such 

5 title is amended by inserting after the item relating to sec6 tion 1781 the following new item: 

‘‘1781a. Department of Defense Military Family Readiness Council.’’. 

7 SEC. 582. DEPARTMENT OF DEFENSE POLICY AND PLANS 

8 FOR MILITARY FAMILY READINESS. 

9 (a) POLICY AND PLANS REQUIRED.— 

10 (1) IN GENERAL.—Subchapter I of chapter 88 

11 of title 10, United States Code, as amended by sec12 tion 581 of this Act, is further amended by inserting 

13 after section 1781a the following new section: 

14 ‘‘§ 1781b. Department of Defense policy and plans for 

15 military family readiness 

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

17 develop a policy and plans for the Department of Defense 

18 for the support of military family readiness. 

19 ‘‘(b) PURPOSES.—The purposes of the policy and 

20 plans required under subsection (a) are as follows: 

21 ‘‘(1) To ensure that the military family readi22 ness programs and activities of the Department of 

23 Defense are comprehensive, effective, and properly 

24 supported. 


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1 ‘‘(2) To ensure that support is continuously 

2 available to military families in peacetime and in 

3 war, as well as during periods of force structure 

4 change and relocation of military units. 

5 ‘‘(3) To ensure that the military family readi6 ness programs and activities of the Department of 

7 Defense are available to all military families, includ8 ing military families of members of the regular com9 ponents and military families of members of the re10 serve components. 

11 ‘‘(4) To ensure that the goal of military family 

12 readiness is an explicit element of applicable Depart13 ment of Defense plans, programs, and budgeting ac14 tivities, and that achievement of military family 

15 readiness is expressed through Department-wide 

16 goals that are identifiable and measurable. 

17 ‘‘(5) To ensure that the military family readi18 ness programs and activities of the Department of 

19 Defense undergo continuous evaluation in order to 

20 ensure that resources are allocated and expended for 

21 such programs and activities in the most effective 

22 possible manner throughout the Department. 

23 ‘‘(c) ELEMENTS OF POLICY.—The policy required 

24 under subsection (a) shall include the following elements: 


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1 ‘‘(1) A definition for treating a program or ac2 tivity of the Department of Defense as a military 

3 family readiness program or activity. 

4 ‘‘(2) Department of Defense-wide goals for mili5 tary family support, both for military families of 

6 members of the regular components and military 

7 families of members of the reserve components. 

8 ‘‘(3) Requirements for joint programs and ac9 tivities for military family support. 

10 ‘‘(4) Policies on access to military family sup11 port programs and activities based on military fam12 ily populations served and geographical location. 

13 ‘‘(5) Metrics to measure the performance and 

14 effectiveness of the military family readiness pro15 grams and activities of the Department of Defense. 

16 ‘‘(d) ELEMENTS OF PLANS.—(1) Each plan under re17 quired under subsection (a) shall include the elements 

18 specified in paragraph (2) for the five-fiscal year period 

19 beginning with the fiscal year in which such plan is sub20 mitted under paragraph (3). 

21 ‘‘(2) The elements in each plan required under sub22 section (a) shall include, for the period covered by such 

23 plan, the following: 

24 ‘‘(A) An ongoing identification and assessment 

25 of the effectiveness of the military family readiness 


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1 programs and activities of the Department of De2 fense in meeting goals for such programs and activi3 ties, which assessment shall evaluate such programs 

4 and activities separately for each military depart5 ment and for each regular component and each re6 serve component. 

7 ‘‘(B) A description of the resources required to 

8 support the military family readiness programs and 

9 activities of the Department of Defense, including 

10 the military personnel, civilian personnel, and volun11 teer personnel so required. 

12 ‘‘(C) An ongoing identification in gaps in the 

13 military family readiness programs and activities of 

14 the Department of Defense, and an ongoing identi15 fication of the resources required to address such 

16 gaps. 

17 ‘‘(D) Mechanisms to apply the metrics devel18 oped under subsection (c)(5). 

19 ‘‘(E) A summary, by fiscal year, of the alloca20 tion of funds (including appropriated funds and non21 appropriated funds) for major categories of military 

22 family readiness programs and activities of the De23 partment of Defense, set forth for each of the mili24 tary departments and for the Office of the Secretary 

25 of Defense. 


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1 ‘‘(3) Not later than March 1, 2008, and each year 

2 thereafter, the Secretary of Defense shall submit to the 

3 congressional defense committees a report on the plans re4 quired under subsection (a) for the five-fiscal year period 

5 beginning with the fiscal year beginning in the year in 

6 which such report is submitted. Each report shall include 

7 the plans covered by such report and an assessment of 

8 the discharge by the Department of Defense of the pre9 vious plans submitted under this subsection.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of subchapter I of chapter 88 

12 of such title, as so amended, is further amended by 

13 inserting after the item relating to section 1781a the 

14 following new item: 

‘‘1781b. Department of Defense policy and plans for military family readiness.’’. 

15 (3) REPORT ON POLICY.—The Secretary of De16 fense shall submit to the congressional defense com17 mittees a report setting forth the policy developed 

18 under section 1781b of title 10, United States Code 

19 (as added by this subsection), not later than Feb20 ruary 1, 2009. 

21 (b) SURVEYS OF MILITARY FAMILIES.—Section 

22 1782(a) of title 10, United States Code, is amended— 

23 (1) in the heading, by striking ‘‘AUTHORITY’’ 

24 and inserting ‘‘IN GENERAL’’; and 


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1 (2) by striking ‘‘may conduct surveys’’ in the 

2 matter preceding paragraph (1) and inserting ‘‘shall, 

3 in fiscal year 2009 and not less often than once 

4 every three fiscal years thereafter, conduct surveys’’. 

5 Subtitle H—Other Matters 

6 SEC. 591. ENHANCEMENT OF CARRYOVER OF ACCUMU7 LATED LEAVE FOR MEMBERS OF THE ARMED 

8 FORCES. 

9 (a) INCREASE IN ACCUMULATION OF CARRYOVER

10 AMOUNT.— 

11 (1) IN GENERAL.—Subsection (b) of section 

12 701 of title 10, United States Code, is amended by 

13 striking ‘‘60 days’’ and inserting ‘‘90 days’’. 

14 (2) HIGH DEPLOYMENT MEMBERS.—Paragraph 

15 (1) of subsection (f) of such section is amended— 

16 (A) by striking ‘‘60 days’’ each place it ap17 pears and inserting ‘‘90 days’’; and 

18 (B) in subparagraph (C), by striking 

19 ‘‘third fiscal year’’ and inserting ‘‘fourth fiscal 

20 year’’. 

21 (3) MEMBERS SERVING IN SUPPORT OF CON22 TINGENCY OPERATIONS.—Paragraph (2) of sub23 section (f) of such section is amended by striking 

24 ‘‘except for this paragraph—’’ and all that follows 

25 and inserting ‘‘except for this paragraph, would lose 


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1 any accumulated leave in excess of 90 days at the 

2 end of that fiscal year, shall be permitted to retain 

3 such leave until the end of the second fiscal year 

4 after the fiscal year in which such service on active 

5 duty is terminated.’’. 

6 (4) CONFORMING AMENDMENTS.—Subsection 

7 (g) of such section is amended— 

8 (A) by striking ‘‘60-day’’ and inserting 

9 ‘‘90-day’’; and 

10 (B) by striking ‘‘90-day’’ and inserting 

11 ‘‘120-day’’. 

12 (b) PAY.—Section 501(b) of title 37, United States 

13 Code, is amended by adding at the end the following new 

14 paragraph: 

15 ‘‘(6) An enlisted member of the armed forces who 

16 would lose accumulated leave in excess of 120 days of 

17 leave under section 701(f)(1) of title 10 may elect to be 

18 paid in cash or by a check on the Treasurer of the United 

19 States for any leave in excess so accumulated for up to 

20 30 days of such leave. A member may make an election 

21 under this paragraph only once.’’. 

22 (c) EFFECTIVE DATE.— 

23 (1) INCREASE IN ACCUMULATION.—The amend24 ments made by subsection (a) shall take effect on 

25 October 1, 2008. 


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1 (2) PAY.—The amendment made by subsection 

2 (b) shall take effect on the date of the enactment of 

3 this Act. 

4 SEC. 592. UNIFORM POLICY ON PERFORMANCES BY MILI5 TARY BANDS. 

6 (a) IN GENERAL.—Chapter 49 of title 10, United 

7 States Code, is amended by adding at the end the fol8 lowing new section: 

9 ‘‘§ 988. Performances by military bands 

10 ‘‘(a) IN GENERAL.—Department of Defense bands, 

11 ensembles, choruses, or similar musical units, including in12 dividual members thereof performing in an official capac13 ity, may not— 

14 ‘‘(1) engage in the performance of music in 

15 competition with local civilian musicians; or 

16 ‘‘(2) receive remuneration for official perform17 ances. 

18 ‘‘(b) PERFORMANCE OF MUSIC IN COMPETITION

19 WITH LOCAL CIVILIAN MUSICIANS DEFINED.—In this 

20 section, the term ‘performance of music in competition 

21 with local civilian musicians’— 

22 ‘‘(1) includes— 

23 ‘‘(A) a performance of music that is more 

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1 ported solely by appropriated funds or free to 

2 the public; and 

3 ‘‘(B) a performance of background, dinner, 

4 dance, or other social music at any event, re5 gardless of location, that is not supported solely 

6 by appropriated funds; but 

7 ‘‘(2) does not include a performance of music— 

8 ‘‘(A) at an official Federal Government 

9 event that is supported solely by appropriated 

10 funds; 

11 ‘‘(B) at a concert, parade, or other event 

12 of a patriotic nature (including a celebration of 

13 a national holiday) that is free to the public; or 

14 ‘‘(C) that is incidental to an event that is 

15 not supported solely by appropriated funds, in16 cluding a short performance of military or pa17 triotic music at the beginning or end of an 

18 event, if the performance complies with such 

19 regulations as the Secretary of Defense shall 

20 prescribe for purposes of this section. 

21 ‘‘(c) MEMBERS OF DEPARTMENT OF DEFENSE

22 BANDS PERFORMING IN PERSONAL CAPACITY.—A mem23 ber of a Department of Defense band, ensemble, chorus, 

24 or similar musical unit may perform music in the mem25 ber’s personal capacity, as an individual or part of a 


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1 group, whether for remuneration or otherwise, if in so per2 forming the member does not wear a military uniform or 

3 otherwise identify the member as a member of the Depart4 ment of Defense, as provided in applicable regulations and 

5 standards of conduct. 

6 ‘‘(d) RECORDINGS.—(1) When authorized pursuant 

7 to regulations prescribed by the Secretary of Defense for 

8 purposes of this section, Department of Defense bands, 

9 ensembles, choruses, or similar musical units may produce 

10 recordings for distribution to the public, at a cost not to 

11 exceed production and distribution expenses. 

12 ‘‘(2) Amounts received in payment for recording dis13 tributed to the public under this subsection shall be cred14 ited to the appropriation or account providing the funds 

15 for the production of such recordings. Any amounts so 

16 credited shall be merged with amounts in the appropria17 tion or account to which credited, and shall be available 

18 for the same purposes, and subject to the same conditions 

19 and limitations, as amounts in such appropriation or ac20 count.’’. 

21 (b) CONFORMING REPEALS.—Sections 3634, 6223, 

22 and 8634 of such title are repealed. 

23 (c) CLERICAL AMENDMENTS.— 


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1 (1) The table of sections at the beginning of 

2 chapter 49 of such title is amended by adding at the 

3 end the following new item: 

‘‘988. Performances by military bands.’’. 

4 (2) The table of sections at the beginning of 

5 chapter 349 of such title is amended by striking the 

6 item relating to section 3634. 

7 (3) The table of sections at the beginning of 

8 chapter 565 of such title is amended by striking the 

9 item relating to section 6223. 

10 (4) The table of sections at the beginning of 

11 chapter 849 of such title is amended by striking the 

12 item relating to section 8634. 

13 SEC. 593. WAIVER OF TIME LIMITATIONS ON AWARD OF 

14 MEDALS OF HONOR TO CERTAIN MEMBERS 

15 OF THE ARMY. 

16 (a) WAIVER OF TIME LIMITATIONS.—Notwith17 standing the time limitations specified in section 3744 of 

18 title 10, United States Code, or any other time limitation 

19 with respect to the awarding of certain medals to persons 

20 who served in the military service, the President may 

21 award the Medal of Honor under section 3741 of that title 

22 to any of the persons named in subsections (b), (c), (d), 

23 (e), and (f) for the acts of valor referred to in the respec24 tive subsections. 


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1 (b) WOODROW KEEBLE.—Subsection (a) applies with 

2 respect to Woodrow W. Keeble, for conspicuous acts of 

3 gallantry and intrepidity at the risk of his life above and 

4 beyond the call of duty as an acting platoon leader on Oc5 tober 20, 1950, during the Korean War. 

6 (c) LESLIE SABO, JR.—Subsection (a) applies with 

7 respect to Leslie H. Sabo, Jr., for conspicuous acts of gal8 lantry and intrepidity at the risk of his life above and be9 yond the call of duty on May 10, 1970, as an Army soldier, 

10 serving in the grade of Specialist Grade Four in Vietnam, 

11 with Company B, 3d Battalion, 506th Infantry Regiment, 

12 101st Airborne Division. 

13 (d) PHILIP SHADRACH.—Subsection (a) applies with 

14 respect to Philip G. Shadrach, for conspicuous acts of gal15 lantry and intrepidity at the risk of his life above and be16 yond the call of duty on April 12, 1862, as a Union Sol17 dier, serving in the grade of Private during the Civil War, 

18 with Company K, 2nd Ohio Volunteer Infantry Regiment. 

19 (e) HENRY SVEHLA.—Subsection (a) applies with re20 spect to Henry Svehla, for conspicuous acts of gallantry 

21 and intrepidity at the risk of his life above and beyond 

22 the call of duty on June 12, 1952, as an Army soldier, 

23 serving in the grade of Private First Class in Korea, with 

24 Company F, 32d Infantry Regiment, 7th Infantry Divi25 sion. 


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1 (f) GEORGE WILSON.—Subsection (a) applies with 

2 respect to George D. Wilson, for conspicuous acts of gal3 lantry and intrepidity at the risk of his life above and be4 yond the call of duty on April 12, 1862, as a Union Sol5 dier, serving in the grade of Private during the Civil War, 

6 with Company B, 2nd Ohio Volunteer Infantry Regiment. 

7 TITLE VI—COMPENSATION AND 

8 OTHER PERSONNEL BENEFITS 

9 Subtitle A—Pay and Allowances 

10 SEC. 601. FISCAL YEAR 2008 INCREASE IN MILITARY BASIC 

11 PAY. 

12 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The 

13 adjustment to become effective during fiscal year 2008 re14 quired by section 1009 of title 37, United States Code, 

15 in the rates of monthly basic pay authorized members of 

16 the uniformed services shall not be made. 

17 (b) INCREASE IN BASIC PAY.—Effective on January 

18 1, 2008, the rates of monthly basic pay for members of 

19 the uniformed services are increased by 3.5 percent. 

20 SEC. 602. ALLOWANCE FOR PARTICIPATION OF RESERVES 

21 IN ELECTRONIC SCREENING. 

22 (a) ALLOWANCE FOR PARTICIPATION IN ELEC23 TRONIC SCREENING.— 


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1 (1) IN GENERAL.—Chapter 7 of title 37, United 

2 States Code, is amended by inserting after section 

3 433 the following new section: 

4 ‘‘§ 433a. Allowance for participation in Ready Re5 serve screening 

6 ‘‘(a) ALLOWANCE AUTHORIZED.—(1) Under regula7 tions prescribed by the Secretaries concerned, a member 

8 of the Individual Ready Reserve may be paid a stipend 

9 for participation in the screening performed pursuant to 

10 section 10149 of title 10, in lieu of muster duty performed 

11 under section 12319 of title 10, if such participation is 

12 conducted through electronic means. 

13 ‘‘(2) The stipend paid a member under this section 

14 shall constitute the sole monetary allowance authorized for 

15 participation in the screening described in paragraph (1), 

16 and shall constitute payment in full to the member for 

17 participation in such screening, regardless of the grade or 

18 rank in which the member is serving. 

19 ‘‘(b) MAXIMUM PAYMENT.—The aggregate amount 

20 of the stipend paid a member of the Individual Ready Re21 serve under this section in any calendar year may not ex22 ceed $50. 

23 ‘‘(c) PAYMENT REQUIREMENTS.—(1) The stipend 

24 authorized by this section may not be disbursed in kind. 


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1 ‘‘(2) Payment of a stipend to a member of the Indi2 vidual Ready Reserve under this section for participation 

3 in screening shall be made on or after the date of partici4 pation in such screening, but not later than 30 days after 

5 such date.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of chapter 7 of such title is 

8 amended by inserting after the item relating to sec9 tion 433 the following new item: 

‘‘433a. Allowance for participation in Ready Reserve screening.’’. 

10 (b) BAR TO DUAL COMPENSATION.—Section 206 of 

11 such title is amended by adding at the end the following 

12 new subsection: 

13 ‘‘(f) A member of the Individual Ready Reserve is 

14 not entitled to compensation under this section for partici15 pation in screening for which the member is paid a stipend 

16 under section 433a of this title.’’. 

17 (c) BAR TO RETIREMENT CREDIT.—Section 

18 12732(b) of title 10, United States Code, is amended by 

19 adding at the end the following new paragraph: 

20 ‘‘(8) Service in the screening performed pursu21 ant to section 10149 of this title through electronic 

22 means, regardless of whether or not a stipend is 

23 paid the member concerned for such service under 

24 section 433a of title 37.’’. 


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1 SEC. 603. MIDMONTH PAYMENT OF BASIC PAY FOR CON2 TRIBUTIONS OF MEMBERS PARTICIPATING 

3 IN THRIFT SAVINGS PLAN. 

4 Section 1014 of title 37, United States Code, is 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(c) Subsection (a) does not preclude a payment with 

8 respect to a member who elects to participate in the Thrift 

9 Savings Plan under section 211 of this title of an amount 

10 equal to one-half of the monthly deposit to the Thrift Sav11 ings Fund otherwise to be made by the member in partici12 pating in the Plan, which amount shall be deposited in 

13 the Fund at midmonth.’’. 

14 Subtitle B—Bonuses and Special 

15 and Incentive Pays 

16 SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL 

17 PAY AUTHORITIES FOR RESERVE FORCES. 

18 (a) SELECTED RESERVE REENLISTMENT BONUS.— 

19 Section 308b(g) of title 37, United States Code, is amend20 ed by striking ‘‘December 31, 2007’’ and inserting ‘‘De21 cember 31, 2008’’. 

22 (b) SELECTED RESERVE AFFILIATION OR ENLIST23 MENT BONUS.—Section 308c(i) of such title is amended 

24 by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem25 ber 31, 2008’’. 


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1 (c) SPECIAL PAY FOR ENLISTED MEMBERS AS2 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 

3 308d(c) of such title is amended by striking ‘‘December 

4 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

5 (d) READY RESERVE ENLISTMENT BONUS FOR PER6 SONS WITHOUT PRIOR SERVICE.—Section 308g(f)(2) of 

7 such title is amended by striking ‘‘December 31, 2007’’ 

8 and inserting ‘‘December 31, 2008’’. 

9 (e) READY RESERVE ENLISTMENT AND REENLIST10 MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—Sec11 tion 308h(e) of such title is amended by striking ‘‘Decem12 ber 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

13 (f) SELECTED RESERVE ENLISTMENT BONUS FOR

14 PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such 

15 title is amended by striking ‘‘December 31, 2007’’ and in16 serting ‘‘December 31, 2008’’. 

17 SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL 

18 PAY AUTHORITIES FOR HEALTH CARE PRO19 FESSIONALS. 

20 (a) NURSE OFFICER CANDIDATE ACCESSION PRO21 GRAM.—Section 2130a(a)(1) of title 10, United States 

22 Code, is amended by striking ‘‘December 31, 2007’’ and 

23 inserting ‘‘December 31, 2008’’. 

24 (b) REPAYMENT OF EDUCATION LOANS FOR CER25 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SEVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 LECTED RESERVE.—Section 16302(d) of such title is 

2 amended by striking ‘‘January 1, 2008’’ and inserting 

3 ‘‘January 1, 2009’’. 

4 (c) ACCESSION BONUS FOR REGISTERED NURSES.— 

5 Section 302d(a)(1) of title 37, United States Code, is 

6 amended by striking ‘‘December 31, 2007’’ and inserting 

7 ‘‘December 31, 2008’’. 

8 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES9 THETISTS.—Section 302e(a)(1) of such title is amended 

10 by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem11 ber 31, 2008’’. 

12 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

13 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPE14 CIALTIES.—Section 302g(e) of such title is amended by 

15 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

16 31, 2008’’. 

17 (f) ACCESSION BONUS FOR DENTAL OFFICERS.— 

18 Section 302h(a)(1) of such title is amended by striking 

19 ‘‘December 31, 2007’’ and inserting ‘‘December 31, 

20 2008’’. 

21 (g) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

22 Section 302j(a) of such title is amended by striking ‘‘De23 cember 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

24 (h) ACCESSION BONUS FOR MEDICAL OFFICERS IN

25 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 


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1 302k(f) of such title is amended by striking ‘‘December 

2 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

3 (i) ACCESSION BONUS FOR DENTAL SPECIALIST OF4 FICERS IN CRITICALLY SHORT WARTIME SPECIALTIES.— 

5 Section 302l(g) of such title is amended by striking ‘‘De6 cember 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

7 SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU8 THORITIES FOR NUCLEAR OFFICERS. 

9 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI10 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 

11 312(f) of title 37, United States Code, is amended by 

12 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

13 31, 2008’’. 

14 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

15 312b(c) of such title is amended by striking ‘‘December 

16 31, 2007’’ and inserting ‘‘December 31, 2008’’. 

17 (c) NUCLEAR CAREER ANNUAL INCENTIVE

18 BONUS.—Section 312c(d) of such title is amended by 

19 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

20 31, 2008’’. 

21 SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAY22 MENT OF OTHER BONUSES AND SPECIAL 

23 PAYS. 

24 (a) AVIATION OFFICER RETENTION BONUS.—Sec25 tion 301b(a) of title 37, United States Code, is amended 


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1 by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem2 ber 31, 2008’’. 

3 (b) REENLISTMENT BONUS FOR ACTIVE MEM4 BERS.—Section 308(g) of such title is amended by strik5 ing ‘‘December 31, 2007’’ and inserting ‘‘December 31, 

6 2008’’. 

7 (c) ENLISTMENT BONUS.—Section 309(e) of such 

8 title is amended by striking ‘‘December 31, 2007’’ and in9 serting ‘‘December 31, 2008’’. 

10 (d) RETENTION BONUS FOR MEMBERS WITH CRIT11 ICAL MILITARY SKILLS OR ASSIGNED TO HIGH PRIORITY

12 UNITS.—Section 323(i) of such title is amended by strik13 ing ‘‘December 31, 2007’’ and inserting ‘‘December 31, 

14 2008’’. 

15 (e) ACCESSION BONUS FOR NEW OFFICERS IN CRIT16 ICAL SKILLS.—Section 324(g) of such title is amended by 

17 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

18 31, 2008’’. 

19 (f) INCENTIVE BONUS FOR CONVERSION TO MILI20 TARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL

21 SHORTAGE.—Section 326(g) of such title is amended by 

22 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

23 31, 2008’’. 

24 (g) ACCESSION BONUS FOR OFFICER CAN25 DIDATES.—Section 330(f) of such title is amended by 


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1 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

2 31, 2008’’. 

3 SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY AND 

4 MULTIYEAR RETENTION BONUS FOR MED5 ICAL OFFICERS OF THE ARMED FORCES. 

6 (a) INCENTIVE SPECIAL PAY.—Section 302(b)(1) of 

7 title 37, United States Code, is amended by striking 

8 ‘‘$50,000’’ and inserting ‘‘$75,000’’. 

9 (b) MULTIYEAR RETENTION BONUS.—Section 

10 301d(a)(2) of such title is amended by striking ‘‘$50,000’’ 

11 and inserting ‘‘$75,000’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall take effect on October 1, 2007. 

14 SEC. 616. INCREASE IN DENTAL OFFICER ADDITIONAL SPE15 CIAL PAY. 

16 (a) INCREASE.—Section 302b(a)(4) of title 37, 

17 United States Code, is amended— 

18 (1) in the matter preceding subparagraph (A), 

19 by striking ‘‘at the following rates’’ and inserting 

20 ‘‘at a rate determined by the Secretary concerned, 

21 which rate may not exceed the following’’; 

22 (2) in subparagraph (A), by striking ‘‘$4,000’’ 

23 and inserting ‘‘$10,000’’; and 

24 (3) in subparagraph (B), by striking ‘‘$6,000’’ 

25 and inserting ‘‘$12,000’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect on October 1, 2007, and 

3 shall apply to payments of dental officer additional special 

4 pay under agreements entered into under section 302b(b) 

5 of title 37, United States Code, on or after that date. 

6 SEC. 617. ENHANCEMENT OF HARDSHIP DUTY PAY. 

7 (a) IN GENERAL.—The text of section 305 of title 

8 37, United States Code, is amended to read as follows: 

9 ‘‘(a) AUTHORITY.—A member of a uniformed service 

10 who is entitled to basic pay may be paid special pay under 

11 this section while the member is performing duty that is 

12 designated by the Secretary of Defense 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 max17 imum monthly rate of special pay payable to a member 

18 on a monthly basis under this section is $1,500. 

19 ‘‘(2) The amount of the lump sum payment of special 

20 pay payable to a member on a lump sum basis under this 

21 section may not exceed an amount equal to the product 

22 of— 

23 ‘‘(A) the maximum monthly rate authorized 

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1 fies for payment of special pay on a lump sum basis 

2 under this section; and 

3 ‘‘(B) the number of months for which special 

4 pay on a lump sum basis under this section is pay5 able to the member. 

6 ‘‘(d) RELATIONSHIP TO OTHER PAY AND ALLOW7 ANCES.—Special pay paid to a member under this section 

8 is in addition to any other pay and allowances to which 

9 the member is entitled. 

10 ‘‘(e) REPAYMENT.—A member who is paid special 

11 pay in a lump sum under this section, but who fails to 

12 complete the period of service for which such special pay 

13 is paid, shall be subject to the repayment provisions of 

14 section 303a(e) of this title. 

15 ‘‘(f) REGULATIONS.—The Secretary of Defense shall 

16 prescribe regulations for the payment of hardship duty 

17 pay under this section, including the specific rates at 

18 which special pay payable under this section on a monthly 

19 basis shall be paid.’’. 

20 (b) EFFECTIVE DATE.—The amendment made by 

21 subsection (a) shall take effect on October 1, 2007, and 

22 shall apply with respect to hardship duty pay payable on 

23 or after that date. 


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1 SEC. 618. INCLUSION OF SERVICE AS OFF-CYCLE CREW2 MEMBER OF MULTI-CREWED SHIP IN SEA 

3 DUTY FOR CAREER SEA PAY. 

4 (a) IN GENERAL.—Section 305a(e)(1)(A) of title 37, 

5 United States Code, is amended— 

6 (1) in clause (ii), by striking ‘‘or’’ at the end; 

7 and 

8 (2) by adding at the end the following new 

9 clause: 

10 ‘‘(iv) while serving as an off-cycle crew11 member of a multi-crewed ship; or’’. 

12 (b) EFFECTIVE DATE.—The amendments made by 

13 subsection (a) shall take effect on October 1, 2007, and 

14 shall apply with respect to months beginning on or after 

15 that date. 

16 SEC. 619. MODIFICATION OF REENLISTMENT BONUS FOR 

17 MEMBERS OF THE SELECTED RESERVE. 

18 (a) MINIMUM PERIOD OF REENLISTMENT.—Sub19 section (a)(2) of section 308b of title 37, United States 

20 Code, is amended by striking ‘‘for a period of three years 

21 or for a period of six years’’ and inserting ‘‘for a period 

22 of not less than three years’’. 

23 (b) AMOUNT OF BONUS.—Subsection (b)(1) of such 

24 section is amended by striking ‘‘may not exceed—’’ and 

25 all that follows and inserting ‘‘may not exceed $15,000.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on October 1, 2007, and shall 

3 apply with respect to reenlistments or extensions of enlist4 ment that occur on or after that date. 

5 SEC. 620. INCREASE IN YEARS OF COMMISSIONED SERVICE 

6 COVERED BY AGREEMENTS FOR NUCLEAR7 QUALIFIED OFFICERS EXTENDING PERIODS 

8 OF ACTIVE DUTY. 

9 (a) INCREASE.—Section 312 of title 37, United 

10 States Code, is amended— 

11 (1) in subsection (a)(3), by striking ‘‘26 years’’ 

12 and inserting ‘‘30 years’’; and 

13 (2) in subsection (e)(1), by striking ‘‘26 years’’ 

14 and inserting ‘‘30 years’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 subsection (a) shall take effect on the date of the enact17 ment of this Act, and shall apply with respect to agree18 ments, including new agreements, entered into under sec19 tion 312 of title 37, United States Code, on or after that 

20 date. 


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1 SEC. 621. AUTHORITY TO WAIVE 25-YEAR ACTIVE DUTY 

2 LIMIT FOR RETENTION BONUS FOR CRITICAL 

3 MILITARY SKILLS WITH RESPECT TO CER4 TAIN MEMBERS. 

5 (a) AUTHORITY.—Section 323(e) of title 37, United 

6 States Code, is amended by adding at the end the fol7 lowing new paragraph: 

8 ‘‘(4) The limitations in paragraph (1) may be waived 

9 by the Secretary of Defense, or by the Secretary of Home10 land Security with respect to the Coast Guard when it is 

11 not operating as a service in the Navy, with respect to 

12 a member who is assigned duties in a critical skill des13 ignated by such Secretary for purposes of this paragraph 

14 during the period of active duty for which the bonus is 

15 being offered.’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 this section shall take effect on October 1, 2007, and shall 

18 apply with respect to written agreements that are exe19 cuted, or reenlistments or extensions of enlistment that 

20 occur, under section 323 of title 37, United States Code, 

21 on or after that date. 


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1 SEC. 622. CODIFICATION AND IMPROVEMENT OF AUTHOR2 ITY TO PAY BONUS TO ENCOURAGE MEM3 BERS OF THE ARMY TO REFER OTHER PER4 SONS FOR ENLISTMENT IN THE ARMY. 

5 (a) CODIFICATION AND IMPROVEMENT OF BONUS

6 AUTHORITY.— 

7 (1) IN GENERAL.—Chapter 5 of title 37, United 

8 States Code, is amended by adding at the end the 

9 following new section: 

10 ‘‘§ 331. Bonus to encourage Army personnel to refer 

11 other persons for enlistment in the Army 

12 ‘‘(a) AUTHORITY TO PAY BONUS.— 

13 ‘‘(1) AUTHORITY.—The Secretary of the Army 

14 may pay a bonus under this section to an individual 

15 referred to in paragraph (2) who refers to an Army 

16 recruiter a person who has not previously served in 

17 an armed force and who, after such referral, enlists 

18 in the regular component of the Army or in the 

19 Army National Guard or Army Reserve. 

20 ‘‘(2) INDIVIDUALS ELIGIBLE FOR BONUS.—Sub21 ject to subsection (c), the following individuals are 

22 eligible for a referral bonus under this section: 

23 ‘‘(A) A member in the regular component 

24 of the Army. 

25 ‘‘(B) A member of the Army National 

26 Guard. 


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1 ‘‘(C) A member of the Army Reserve. 

2 ‘‘(D) A member of the Army in a retired 

3 status, including a member under 60 years of 

4 age who, but for age, would be eligible for re5 tired pay. 

6 ‘‘(E) A civilian employee of the Depart7 ment of the Army. 

8 ‘‘(b) REFERRAL.—For purposes of this section, a re9 ferral for which a bonus may be paid under subsection 

10 (a) occurs— 

11 ‘‘(1) when the individual concerned contacts an 

12 Army recruiter on behalf of a person interested in 

13 enlisting in the Army; or 

14 ‘‘(2) when a person interested in enlisting in 

15 the Army contacts the Army recruiter and informs 

16 the recruiter of the role of the individual concerned 

17 in initially recruiting the person. 

18 ‘‘(c) CERTAIN REFERRALS INELIGIBLE.— 

19 ‘‘(1) REFERRAL OF IMMEDIATE FAMILY.—A 

20 member of the Army may not be paid a bonus under 

21 subsection (a) for the referral of an immediate fam22 ily member. 

23 ‘‘(2) MEMBERS IN RECRUITING ROLES.—A 

24 member of the Army serving in a recruiting or re25 tention assignment, or assigned to other duties reVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 garding which eligibility for a bonus under sub2 section (a) could (as determined by the Secretary) be 

3 perceived as creating a conflict of interest, may not 

4 be paid a bonus under subsection (a). 

5 ‘‘(3) JUNIOR RESERVE OFFICERS’ TRAINING

6 CORPS INSTRUCTORS.—A member of the Army de7 tailed under subsection (c)(1) of section 2031 of title 

8 10 to serve as an administrator or instructor in the 

9 Junior Reserve Officers’ Training Corps program or 

10 a retired member of the Army employed as an ad11 ministrator or instructor in the program under sub12 section (d) of such section may not be paid a bonus 

13 under subsection (a). 

14 ‘‘(d) AMOUNT OF BONUS.—The amount of the bonus 

15 payable for a referral under subsection (a) may not exceed 

16 $2,000. The amount shall be payable as provided in sub17 section (e). 

18 ‘‘(e) PAYMENT.—A bonus payable for a referral of 

19 a person under subsection (a) shall be paid as follows: 

20 ‘‘(1) Not more than $1,000 shall be paid upon 

21 the commencement of basic training by the person. 

22 ‘‘(2) Not more than $1,000 shall be paid upon 

23 the completion of basic training and individual ad24 vanced training by the person. 


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1 ‘‘(f) RELATION TO PROHIBITION ON BOUNTIES.— 

2 The referral bonus authorized by this section is not a 

3 bounty for purposes of section 514(a) of title 10. 

4 ‘‘(g) COORDINATION WITH RECEIPT OF RETIRED

5 PAY.—A bonus paid under this section to a member of 

6 the Army in a retired status is in addition to any com7 pensation to which the member is entitled under title 10, 

8 37, or 38, or any other provision of law. 

9 ‘‘(h) DURATION OF AUTHORITY.—A bonus may not 

10 be paid under subsection (a) with respect to any referral 

11 that occurs after December 31, 2008.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 5 of such title is 

14 amended by adding at the end the following new 

15 item: 

‘‘331. Bonus to encourage Army personnel to refer other persons for enlistment 

in the Army.’’. 

16 (b) REPEAL OF SUPERSEDED AUTHORITY.—Section 

17 645 of the National Defense Authorization Act for Fiscal 

18 Year 2006 (Public Law 109–163), as amended, is re19 pealed. 

20 (c) PAYMENT OF BONUSES UNDER SUPERSEDED

21 AUTHORITY.—Any bonus payable under section 645 of the 

22 National Defense Authorization Act for Fiscal Year 2006, 

23 as amended, as of the day before the date of the enactment 

24 of this Act shall remain payable after that date in accordVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 ance with the provisions of such section as in effect on 

2 such day. 

3 SEC. 623. AUTHORITY TO PAY BONUS TO ENCOURAGE DE4 PARTMENT OF DEFENSE PERSONNEL TO 

5 REFER OTHER PERSONS FOR APPOINTMENT 

6 AS OFFICERS TO SERVE IN HEALTH PROFES7 SIONS. 

8 (a) IN GENERAL.—Chapter 5 of title 37, United 

9 States Code, as amended by section 622 of this Act, is 

10 further amended by adding at the end the following new 

11 section: 

12 ‘‘§ 331a. Bonus to encourage Department of Defense 

13 personnel to refer other persons for ap14 pointment as officers to serve in health 

15 professions 

16 ‘‘(a) AUTHORITY TO PAY BONUS.— 

17 ‘‘(1) AUTHORITY.—The appropriate Secretary 

18 may pay a bonus under this section to an individual 

19 referred to in paragraph (2) who refers to a military 

20 recruiter a person who has not previously served 

21 and, after such referral, takes an oath of enlistment 

22 that leads to appointment as a commissioned officer, 

23 or accepts an appointment as a commissioned offi24 cer, in an armed force in a health profession desVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 ignated by the appropriate Secretary for purposes of 

2 this section. 

3 ‘‘(2) INDIVIDUALS ELIGIBLE FOR BONUS.—Sub4 ject to subsection (c), the following individuals are 

5 eligible for a referral bonus under this section: 

6 ‘‘(A) A member of the armed forces in a 

7 regular component of the armed forced. 

8 ‘‘(B) A member of the armed forces in a 

9 reserve component of the armed forced. 

10 ‘‘(C) A member of the armed forces in a 

11 retired status, including a member under 60 

12 years of age who, but for age, would be eligible 

13 for retired or retainer pay. 

14 ‘‘(D) A civilian employee of a military de15 partment or the Department of Defense. 

16 ‘‘(b) REFERRAL.—For purposes of this section, a re17 ferral for which a bonus may be paid under subsection 

18 (a) occurs— 

19 ‘‘(1) when the individual concerned contacts a 

20 military recruiter on behalf of a person interested in 

21 taking an oath of enlistment that leads to appoint22 ment as a commissioned officer, or accepting an ap23 pointment as a commissioned officer, as applicable, 

24 in an armed force in a health profession; or 


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1 ‘‘(2) when a person interested in taking an oath 

2 of enlistment that leads to appointment as a com3 missioned officer, or accepting an appointment as a 

4 commissioned officer, as applicable, in an armed 

5 force in a health profession contacts a military re6 cruiter and informs the recruiter of the role of the 

7 individual concerned in initially recruiting the per8 son. 

9 ‘‘(c) CERTAIN REFERRALS INELIGIBLE.— 

10 ‘‘(1) REFERRAL OF IMMEDIATE FAMILY.—A 

11 member of the armed forces may not be paid a 

12 bonus under subsection (a) for the referral of an im13 mediate family member. 

14 ‘‘(2) MEMBERS IN RECRUITING ROLES.—A 

15 member of the armed forces serving in a recruiting 

16 or retention assignment, or assigned to other duties 

17 regarding which eligibility for a bonus under sub18 section (a) could (as determined by the appropriate 

19 Secretary) be perceived as creating a conflict of in20 terest, may not be paid a bonus under subsection 

21 (a). 

22 ‘‘(3) JUNIOR RESERVE OFFICERS’ TRAINING

23 CORPS INSTRUCTORS.—A member of the armed 

24 forces detailed under subsection (c)(1) of section 

25 2031 of title 10 to serve as an administrator or inVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 structor in the Junior Reserve Officers’ Training 

2 Corps program or a retired member of the armed 

3 forces employed as an administrator or instructor in 

4 the program under subsection (d) of such section 

5 may not be paid a bonus under subsection (a). 

6 ‘‘(d) AMOUNT OF BONUS.—The amount of the bonus 

7 payable for a referral under subsection (a) may not exceed 

8 $2,000. The amount shall be payable as provided in sub9 section (e). 

10 ‘‘(e) PAYMENT.—A bonus payable for a referral of 

11 a person under subsection (a) shall be paid as follows: 

12 ‘‘(1) Not more than $1,000 shall be paid upon 

13 the execution by the person of an agreement to serve 

14 as an officer in a health profession in an armed 

15 force for not less than 3 years, 

16 ‘‘(2) Not more than $1,000 shall be paid upon 

17 the completion by the person of the initial period of 

18 military training as an officer. 

19 ‘‘(f) RELATION TO PROHIBITION ON BOUNTIES.— 

20 The referral bonus authorized by this section is not a 

21 bounty for purposes of section 514(a) of title 10. 

22 ‘‘(g) COORDINATION WITH RECEIPT OF RETIRED

23 PAY.—A bonus paid under this section to a member of 

24 the armed forces in a retired status is in addition to any 


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1 compensation to which the member is entitled under title 

2 10, 37, or 38, or any other provision of law. 

3 ‘‘(h) APPROPRIATE SECRETARY DEFINED.—In this 

4 section, the term ‘appropriate Secretary’ means— 

5 ‘‘(1) the Secretary of the Army, with respect to 

6 matters concerning the Army; 

7 ‘‘(2) the Secretary of the Navy, with respect to 

8 matters concerning the Navy, the Marine Corps, and 

9 the Coast Guard when it is operating as a service in 

10 the Navy; 

11 ‘‘(3) the Secretary of the Air Force, with re12 spect to matters concerning the Air Force; and 

13 ‘‘(4) the Secretary of Defense, with respect to 

14 personnel of the Department of Defense. 

15 ‘‘(i) DURATION OF AUTHORITY.—A bonus may not 

16 be paid under subsection (a) with respect to any referral 

17 that occurs after December 31, 2008.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of chapter 5 of such title, as so amended, 

20 is further amended by adding at the end the following new 

21 item: 

‘‘331a. Bonus to encourage Department of Defense personnel to refer other persons for appointment as officers to serve in health professions.’’. 


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1 SEC. 624. ACCESSION BONUS FOR PARTICIPANTS IN ARMED 

2 FORCES HEALTH PROFESSIONS SCHOLAR3 SHIP AND FINANCIAL ASSISTANCE PROGRAM. 

4 (a) ACCESSION BONUS AUTHORIZED.—Section 2127 

5 of title 10, United States Code, is amended by adding at 

6 the end the following new subsection: 

7 ‘‘(f)(1) In order to increase participation in the pro8 gram, the Secretary of Defense may pay a person who 

9 signs an agreement under section 2122 of this title an ac10 cession bonus of not more than $20,000. 

11 ‘‘(2) An accession bonus paid a person under this 

12 subsection is in addition to any other amounts payable to 

13 the person under this subchapter. 

14 ‘‘(3) In the case of an individual who is paid an acces15 sion bonus under this subsection, but fails to commence 

16 or complete the obligated service required of the person 

17 under this subchapter, the repayment provisions of section 

18 303a(e) of title 37 shall apply to the accession bonus paid 

19 the person under this subsection.’’. 

20 (b) EFFECTIVE DATE.—The amendment made by 

21 subsection (a) shall take effect on October 1, 2007, and 

22 shall apply with respect to agreements signed under sub23 chapter I of chapter 105 of title 10, United States Code, 

24 on or after that date. 


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1 Subtitle C—Travel and 

2 Transportation Allowances 

3 SEC. 641. PAYMENT OF EXPENSES OF TRAVEL TO THE 

4 UNITED STATES FOR OBSTETRICAL PUR5 POSES OF DEPENDENTS LOCATED IN VERY 

6 REMOTE LOCATIONS OUTSIDE THE UNITED 

7 STATES. 

8 Section 1040 of title 10, United States Code, is 

9 amended— 

10 (1) by redesignating subsections (c) and (d) as 

11 subsection (d) and (e), respectively; and 

12 (2) by inserting after subsection (b) the fol13 lowing new subsection (c): 

14 ‘‘(c) The Secretary of Defense may pay the travel ex15 penses and related expenses of a dependent of a member 

16 of the uniformed services assigned to a very remote loca17 tion outside the United States, as determined by the Sec18 retary, for travel for obstetrical purposes to a location in 

19 the United States.’’. 

20 SEC. 642. PAYMENT OF MOVING EXPENSES FOR JUNIOR RE21 SERVE OFFICERS’ TRAINING CORPS IN22 STRUCTORS IN HARD-TO-FILL POSITIONS. 

23 Section 2031 of title 10, United States Code, is 

24 amended by adding at the end the following new sub25 section: 


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1 ‘‘(f)(1) When determined by the Secretary of the mili2 tary department concerned to be in the national interest 

3 and agreed upon by the institution concerned, the institu4 tion may reimburse the moving expenses of a Junior Re5 serve Officers’ Training Corps instructor who executes a 

6 written agreement to serve a minimum of two years of 

7 employment at the institution in a position that is hard8 to-fill for geographic or economic reasons and as deter9 mined by the Secretary concerned. 

10 ‘‘(2) Any reimbursement of an instructor under para11 graph (1) is in addition to the minimum instructor pay 

12 otherwise payable to the instructor. 

13 ‘‘(3) The Secretary concerned shall reimburse an in14 stitution making a reimbursement under paragraph (1) in 

15 an amount equal to the amount of the reimbursement paid 

16 by the institution under that paragraph. Any reimburse17 ment under this paragraph shall be made from funds ap18 propriated for that purpose. 

19 ‘‘(4) The payment of reimbursements under para20 graphs (1) and (3) shall be subject to regulations pre21 scribed by the Secretary of Defense for purposes of this 

22 subsection.’’. 


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1 Subtitle D—Retired Pay and 

2 Survivor Benefits 

3 SEC. 651. MODIFICATION OF SCHEME FOR PAYMENT OF 

4 DEATH GRATUITY PAYABLE WITH RESPECT 

5 TO MEMBERS OF THE ARMED FORCES. 

6 (a) IN GENERAL.—Subsection (a) of section 1477 of 

7 title 10, United States Code, is amended by striking all 

8 that follows ‘‘on the following list:’’ and inserting the fol9 lowing: 

10 ‘‘(1) To any individual designated by the person 

11 in writing. 

12 ‘‘(2) If there is no person so designated, to the 

13 surviving spouse of the person. 

14 ‘‘(3) If there is none of the above, to the chil15 dren (as prescribed by subsection (b)) of the person 

16 and the descendants of any deceased children by 

17 representation. 

18 ‘‘(4) If there is none of the above, to the par19 ents (as prescribed by subsection (c)) of the person 

20 or the survivor of them. 

21 ‘‘(5) If there is none of the above, to the duly 

22 appointed executor or administrator of the estate of 

23 the person. 

24 ‘‘(6) If there is none of the above, to other next 

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1 cile of the person at the time of the person’s 

2 death.’’. 

3 (b) CONFORMING AMENDMENTS.—Such section is 

4 further amended— 

5 (1) in subsection (b), by striking ‘‘Subsection 

6 (a)(2)’’ in the matter preceding paragraph (1) and 

7 inserting ‘‘Subsection (a)(3)’’; 

8 (2) by striking (c) and inserting the following 

9 new subsection (c): 

10 ‘‘(c) For purposes of subsection (a)(4), parents in11 clude fathers and mothers through adoption. However, 

12 only one father and one mother may be recognized in any 

13 case, and preference shall be given to those who exercised 

14 a parental relationship on the date, or most nearly before 

15 the date, on which the decedent entered a status described 

16 in section 1475 or 1476 of this title.’’; and 

17 (3) by striking subsection (d). 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on the date of the enactment 

20 of this Act. 

21 (d) APPLICABILITY.—Notwithstanding subsection 

22 (c), the provisions of section 1477 of title 10, United 

23 States Code, as in effect on the day before the date of 

24 the enactment of this Act, shall continue to apply to each 


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1 member of the Armed Forces covered by such section until 

2 the earlier of the following— 

3 (1) the date on which such member makes the 

4 designation contemplated by paragraph (1) of sec5 tion 1477(a) of such title (as amended by subsection 

6 (a) of this section); or 

7 (2) January 1, 2008. 

8 (e) REGULATIONS.— 

9 (1) IN GENERAL.—Not later than December 1, 

10 2007, the Secretary of Defense shall prescribe regu11 lations to implement the amendments to section 

12 1477 of title 10, United States Code, made by sub13 section (a). 

14 (2) ELEMENTS.—The regulations required by 

15 paragraph (1) shall include forms for the making of 

16 the designation contemplated by paragraph (1) of 

17 section 1477(a) of title 10, United States Code (as 

18 amended by subsection (a)), and instructions for 

19 members of the Armed Forces in the filling out of 

20 such forms. 

21 SEC. 652. ANNUITIES FOR GUARDIANS OR CARETAKERS OF 

22 DEPENDENT CHILDREN UNDER SURVIVOR 

23 BENEFIT PLAN. 

24 (a) ELECTION.—Section 1448(b) of title 10, United 

25 States Code, is amended— 


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1 (1) in the subsection caption, by striking ‘‘AND

2 FORMER SPOUSE’’ and inserting ‘‘, FORMER

3 SPOUSE, AND GUARDIAN OR CARETAKER’’; and 

4 (2) by adding at the end the following new 

5 paragraph: 

6 ‘‘(6) GUARDIAN OR CARETAKER COVERAGE.— 

7 ‘‘(A) GENERAL RULE.—A person who is 

8 not married and has one or more dependent 

9 children upon becoming eligible to participate in 

10 the Plan may elect to provide an annuity under 

11 the Plan to a natural person (other than a nat12 ural person with an insurable interest in the 

13 person under paragraph (1) or a former spouse) 

14 who acts as a guardian or caretaker to such 

15 child or children. In the case of a person pro16 viding a reserve-component annuity, such an 

17 election shall include a designation under sub18 section (e). 

19 ‘‘(B) TERMINATION OF COVERAGE.—Sub20 paragraphs (B) through (E) of paragraph (1) 

21 shall apply to an election under subparagraph 

22 (A) of this paragraph in the same manner as 

23 such subparagraphs apply to an election under 

24 subparagraph (A) of paragraph (1). 


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1 ‘‘(C) ELECTION OF NEW BENEFICIARY

2 UPON DEATH OF PREVIOUS BENEFICIARY.— 

3 Subparagraph (G) of paragraph (1) shall apply 

4 to an election under subparagraph (A) of this 

5 paragraph in the same manner as such sub6 paragraph (G) applies to an election under sub7 paragraph (A) of paragraph (1), except that 

8 any new beneficiary elected under such sub9 paragraph (G) by reason of this subparagraph 

10 shall be a guardian or caretaker of the depend11 ent child or children of the person making such 

12 election.’’. 

13 (b) PAYMENT OF ANNUITY.—Section 1450 of such 

14 title is amended— 

15 (1) in subsection (a), by adding at the end the 

16 following new paragraph: 

17 ‘‘(5) GUARDIAN OR CARETAKER COVERAGE.— 

18 The natural person designated under section 

19 1448(b)(6) of this title, unless the election to pro20 vide an annuity to the natural person has been 

21 changed as provided in subsection (f).’’; and 

22 (2) in the subsection caption of subsection (f), 

23 by striking ‘‘OR FORMER SPOUSE’’ and inserting ‘‘, 

24 FORMER SPOUSE, OR GUARDIAN OR CARETAKER’’. 


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1 (c) AMOUNT OF ANNUITY.—Section 1451(b) of such 

2 title is amended— 

3 (1) in the subsection caption, by inserting ‘‘OR

4 GUARDIAN OR CARETAKER’’ after ‘‘INSURABLE IN5 TEREST’’; and 

6 (2) by inserting ‘‘or 1450(a)(5)’’ after 

7 ‘‘1450(a)(4)’’ each place it appears in paragraphs 

8 (1) and (2). 

9 (d) REDUCTION IN RETIRED PAY.—Section 1452(c) 

10 of such title is amended— 

11 (1) in the subsection caption, by inserting ‘‘OR

12 GUARDIAN OR CARETAKER’’ after ‘‘INSURABLE IN13 TEREST’’; and 

14 (2) by inserting ‘‘or 1450(a)(5)’’ after 

15 ‘‘1450(a)(4)’’ each place it appears in paragraphs 

16 (1) and (3). 

17 SEC. 653. EXPANSION OF COMBAT-RELATED SPECIAL COM18 PENSATION ELIGIBILITY FOR CHAPTER 61 

19 MILITARY RETIREES. 

20 (a) ELIGIBILITY.—Subsection (c) of section 1413a of 

21 title 10, United States Code, is amended by striking ‘‘enti22 tled to retired pay who—’’ and all that follows and insert23 ing ‘‘who— 

24 ‘‘(1) is entitled to retired pay (other than by 

25 reason of section 12731b of this title); and 


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1 ‘‘(2) has a combat-related disability.’’. 

2 (b) COMPUTATION.—Paragraph (3) of subsection (b) 

3 of such section is amended— 

4 (1) by designating the text of that paragraph as 

5 subparagraph (A), realigning that text so as to be 

6 indented 4 ems from the left margin, and inserting 

7 before ‘‘In the case of’’ the following heading: ‘‘IN

8 GENERAL.—’’; and 

9 (2) by adding at the end the following new sub10 paragraph: 

11 ‘‘(B) SPECIAL RULE FOR RETIREES WITH

12 FEWER THAN 20 YEARS OF SERVICE.—In the 

13 case of an eligible combat-related disabled uni14 formed services retiree who is retired under 

15 chapter 61 of this title with fewer than 20 

16 years of creditable service, the amount of the 

17 payment under paragraph (1) for any month 

18 shall be reduced by the amount (if any) by 

19 which the amount of the member’s retired pay 

20 under chapter 61 of this title exceeds the 

amount equal to 21 21 ⁄2 percent of the member’s 

22 years of creditable service multiplied by the 

23 member’s retired pay base under section 

24 1406(b)(1) or 1407 of this title, whichever is 

25 applicable to the member.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on January 1, 2008, and shall 

3 apply to payments for months beginning on or after that 

4 date. 

5 SEC. 654. CLARIFICATION OF APPLICATION OF RETIRED 

6 PAY MULTIPLIER PERCENTAGE TO MEMBERS 

7 OF THE UNIFORMED SERVICES WITH OVER 30 

8 YEARS OF SERVICE. 

9 (a) COMPUTATION OF RETIRED AND RETAINER PAY

10 FOR MEMBERS OF NAVAL SERVICE.—The table in section 

11 6333(a) of title 10, United States Code, is amended in 

12 Column 2 of Formula A by striking ‘‘75 percent’’ and in13 serting ‘‘Retired pay multiplier prescribed under section 

14 1409 for the years of service that may be credited to him 

15 under section 1405.’’. 

16 (b) RETIRED PAY FOR CERTAIN MEMBERS RE17 CALLED TO ACTIVE DUTY.—The table in section 1402(a) 

18 of such title is amended by striking Column 3. 

19 (c) EFFECTIVE DATE.—The amendments made by 

20 subsections (a) and (b) shall take effect on January 1, 

21 2007, and shall apply with respect to retired pay and re22 tainer pay payable on or after that date. 


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1 SEC. 655. COMMENCEMENT OF RECEIPT OF NON-REGULAR 

2 SERVICE RETIRED PAY BY MEMBERS OF THE 

3 READY RESERVE ON ACTIVE FEDERAL STA4 TUS OR ACTIVE DUTY FOR SIGNIFICANT PE5 RIODS. 

6 (a) REDUCED ELIGIBILITY AGE.—Section 12731 of 

7 title 10, United States Code, is amended— 

8 (1) in subsection (a), by striking paragraph (1) 

9 and inserting the following: 

10 ‘‘(1) has attained the eligibility age applicable 

11 under subsection (f) to that person;’’; and 

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(f)(1) Subject to paragraph (2), the eligibility age 

15 for purposes of subsection (a)(1) is 60 years of age. 

16 ‘‘(2)(A) In the case of a person who as a member 

17 of the Ready Reserve serves on active duty or performs 

18 active service described in subparagraph (B) after the date 

19 of the enactment of this subsection, the eligibility age for 

20 purposes of subsection (a)(1) shall be reduced below 60 

21 years of age by three months for each aggregate of 90 

22 days on which such person so performs in any fiscal year 

23 after such date, subject to subparagraph (C). A day of 

24 duty may be included in only one aggregate of 90 days 

25 for purposes of this subparagraph. 


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1 ‘‘(B)(i) Service on active duty described in this sub2 paragraph is service on active duty pursuant to a call or 

3 order to active duty under a provision of law referred to 

4 in section 101(a)(13)(B) or under section 12301(d) of this 

5 title. Such service does not include service on active duty 

6 pursuant to a call or order to active duty under section 

7 12310 of this title. 

8 ‘‘(ii) Active service described in this subparagraph is 

9 also service under a call to active service authorized by 

10 the President or the Secretary of Defense under section 

11 502(f) of title 32 for purposes of responding to a national 

12 emergency declared by the President or supported by Fed13 eral funds. 

14 ‘‘(C) The eligibility age for purposes of subsection 

15 (a)(1) may not be reduced below 50 years of age for any 

16 person under subparagraph (A).’’. 

17 (b) CONTINUATION OF AGE 60 AS MINIMUM AGE

18 FOR ELIGIBILITY OF NON-REGULAR SERVICE RETIREES

19 FOR HEALTH CARE.—Section 1074(b) of such title is 

20 amended— 

21 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

22 (2) by adding at the end the following new 

23 paragraph: 

24 ‘‘(2) Paragraph (1) does not apply to a member or 

25 former member entitled to retired pay for non-regular 


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1 service under chapter 1223 of this title who is under 60 

2 years of age.’’. 

3 (c) ADMINISTRATION OF RELATED PROVISIONS OF

4 LAW OR POLICY.—With respect to any provision of law, 

5 or of any policy, regulation, or directive of the executive 

6 branch that refers to a member or former member of the 

7 uniformed services as being eligible for, or entitled to, re8 tired pay under chapter 1223 of title 10, United States 

9 Code, but for the fact that the member or former member 

10 is under 60 years of age, such provision shall be carried 

11 out with respect to that member or former member by 

12 substituting for the reference to being 60 years of age a 

13 reference to having attained the eligibility age applicable 

14 under subsection (f) of section 12731 of title 10, United 

15 States Code (as added by subsection (a)), to such member 

16 or former member for qualification for such retired pay 

17 under subsection (a) of such section. 

18 Subtitle E—Education Benefits 

19 SEC. 671. TUITION ASSISTANCE FOR OFF-DUTY TRAINING 

20 OR EDUCATION. 

21 (a) CLARIFICATION OF APPLICABILITY OF CURRENT

22 AUTHORITY TO COMMISSIONED OFFICERS ON ACTIVE

23 DUTY.—Subsection (b) of section 2007 of title 10, United 

24 States Code, is amended— 

25 (1) in paragraph (1)— 


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1 (A) by inserting ‘‘(other than a member of 

2 the Ready Reserve)’’ after ‘‘active duty’’ the 

3 first place it appears; and 

4 (B) by striking ‘‘or full-time National 

5 Guard duty’’ both places it appears; and 

6 (2) in paragraph (2)(B), by inserting ‘‘for 

7 which ordered to active duty’’ after ‘‘active duty 

8 service’’. 

9 (b) AUTHORITY TO PAY TUITION ASSISTANCE TO

10 MEMBERS OF THE READY RESERVE.— 

11 (1) IN GENERAL.—Subsection (c) of such sec12 tion is amended to read as follows: 

13 ‘‘(c)(1) Subject to paragraphs (3)(A) and (4), the 

14 Secretary of a military department may pay the charges 

15 of an educational institution for the tuition or expenses 

16 described in subsection (a) of a member of the Selected 

17 Reserve. 

18 ‘‘(2) Subject to paragraphs (3)(B) and (4), the Sec19 retary of a military department may pay the charges of 

20 an educational institution for the tuition or expenses de21 scribed in subsection (a) of a member of the Individual 

22 Ready Reserve who has a military occupational specialty 

23 designated by the Secretary for purposes of this sub24 section. 


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1 ‘‘(3)(A) The Secretary of a military department may 

2 not pay charges under paragraph (1) for tuition or ex3 penses of an officer of the Selected Reserve unless the offi4 cer agrees to remain a member of the Selected Reserve 

5 for at least four years after completion of the education 

6 or training for which the charges are paid. 

7 ‘‘(B) The Secretary of a military department may not 

8 pay charges under paragraph (2) for tuition or expenses 

9 of an officer of the Individual Ready Reserve unless the 

10 officer agrees to remain in the Selected Reserve or Indi11 vidual Ready Reserve for at least four years after comple12 tion of the education or training for which the charges 

13 are paid. 

14 ‘‘(4) The Secretary of a military department may re15 quire enlisted members of the Selected Reserve or Indi16 vidual Ready Reserve to agree to serve for up to four years 

17 in the Selected Reserve or Individual Ready Reserve, as 

18 the case may be, after completion of education or training 

19 for which tuition or expenses are paid under paragraph 

20 (1) or (2), as applicable.’’. 

21 (2) REPEAL OF SUPERSEDED PROVISION.— 

22 Such section is further amended— 

23 (A) by striking subsection (d); and 

24 (B) by redesignating subsections (e) and 

25 (f) as subsections (d) and (e), respectively. 


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1 (3) REPAYMENT OF UNEARNED BENEFIT.— 

2 Subsection (e) of such section, as redesignated by 

3 paragraph (2) of this subsection, is amended— 

4 (A) by inserting ‘‘(1)’’ after ‘‘(e)’’; and 

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

6 paragraph: 

7 ‘‘(2) If a member of the Ready Reserve who enters 

8 into an agreement under subsection (c) does not complete 

9 the period of service specified in the agreement, the mem10 ber shall be subject to the repayment provisions of section 

11 303a(e) of title 37.’’. 

12 (c) REGULATIONS.—Such section is further amended 

13 by adding at the end the following new subsection: 

14 ‘‘(f) This section shall be administered under regula15 tions prescribed by the Secretary of Defense and the Sec16 retary of Homeland Security for the Coast Guard when 

17 it is not operating as a service in the Navy.’’. 

18 SEC. 672. EXPANSION OF SELECTED RESERVE EDUCATION 

19 LOAN REPAYMENT PROGRAM. 

20 (a) ADDITIONAL LOANS ELIGIBLE FOR REPAY21 MENT.—Paragraph (1) of subsection (a) of section 16301 

22 of title 10, United States Code, is amended— 

23 (1) in subparagraph (B), by striking ‘‘or’’ at 

24 the end; 


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1 (2) in subparagraph (C), by striking the period 

2 at the end and inserting ‘‘; or’’; and 

3 (3) by adding at the end the following new sub4 paragraph: 

5 ‘‘(D) any loan incurred for educational purposes 

6 made by a lender that is— 

7 ‘‘(i) an agency or instrumentality of a 

8 State; 

9 ‘‘(ii) a financial or credit institution (in10 cluding an insurance company) that is subject 

11 to examination and supervision by an agency of 

12 the United States or any State; 

13 ‘‘(iii) a pension fund approved by the Sec14 retary for purposes of this section; or 

15 ‘‘(iv) a nonprofit private entity designated 

16 by a State, regulated by such State, and ap17 proved by the Secretary for purposes of this 

18 section.’’. 

19 (b) ELIGIBILITY OF OFFICERS.—Such subsection is 

20 further amended— 

21 (1) in paragraph (2)— 

22 (A) by striking ‘‘Except as provided in 

23 paragraph (3), the Secretary’’ and inserting 

24 ‘‘The Secretary’’; and 


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1 (B) by striking ‘‘an enlisted member of the 

2 Selected Reserve of the Ready Reserve of an 

3 armed force in a reserve component and mili4 tary specialty’’ and inserting ‘‘a member of the 

5 Selected Reserve of the Ready Reserve of an 

6 armed force in a reserve component and officer 

7 program or military specialty’’; and 

8 (2) by striking paragraph (3). 

9 (c) CONFORMING AMENDMENT.—The heading of 

10 such section is amended to read as follows: 

11 ‘‘§ 16301. Education loan repayment program: mem12 bers of the Selected Reserve’’. 

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

14 at the beginning of chapter 1609 of such title is amended 

15 by striking the item relating to section 16301 and insert16 ing the following new item: 

‘‘16301. Education loan repayment program: members of the Selected Reserve.’’. 

17 Subtitle F—Other Matters 

18 SEC. 681. ENHANCEMENT OF AUTHORITIES ON INCOME RE19 PLACEMENT PAYMENTS FOR RESERVES EX20 PERIENCING EXTENDED AND FREQUENT MO21 BILIZATION FOR ACTIVE-DUTY SERVICE. 

22 (a) CLARIFICATION OF GENERAL AUTHORITY.—Sub23 section (a) of section 910 of title 37, United States Code, 

24 is amended by inserting ‘‘, when the total monthly military 


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1 compensation of the member is less than the average 

2 monthly civilian income’’ after ‘‘by the Secretary’’. 

3 (b) ELIGIBILITY.—Subsection (b) of such section is 

4 amended to read as follows: 

5 ‘‘(b) ELIGIBILITY.—Subject to subsection (c), a re6 serve component member is entitled to a payment under 

7 this section for any full month of active duty of the mem8 ber— 

9 ‘‘(1) while on active duty under an involuntary 

10 mobilization order, following the date on which the 

11 member— 

12 ‘‘(A) completes 18 continuous months of 

13 service on active duty under such an order; 

14 ‘‘(B) completes 730 cumulative days of 

15 service on active duty under such an order dur16 ing the previous 1,826 days; or 

17 ‘‘(C) is involuntarily mobilized for service 

18 on active duty for a period of 180 days or more 

19 within 180 days following the member’s separa20 tion from a previous period of involuntary ac21 tive duty for period of 180 days or more; or 

22 ‘‘(2) while retained on active duty under sub23 paragraph (A) or (B) of section 12301(h)(1) of title 

24 10 because of an injury or illness incurred or aggra25 vated while deployed to an area designated for speVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 cial pay under section 310 of this title after becom2 ing entitled to income replacement pay under para3 graph (1).’’. 

4 (c) TERMINATION.—Subsection (g) of such section is 

5 amended to read as follows: 

6 ‘‘(g) TERMINATION OF AUTHORITY.—Payment under 

7 this section shall only be made for service performed on 

8 or before December 31, 2008.’’. 

9 SEC. 682. OVERSEAS NATURALIZATION OF MILITARY FAM10 ILY MEMBERS. 

11 (a) IN GENERAL.—Section 319 of the Immigration 

12 and Nationality Act (8 U.S.C. 1430) is amended by add13 ing at the end the following new subsection: 

14 ‘‘(e) Any person who is lawfully admitted for perma15 nent residence, is the spouse or child of a member of the 

16 Armed Forces, and is authorized to accompany such mem17 ber and reside in a foreign country with the member pur18 suant to the member’s official orders, and who is so ac19 companying and residing with the member (in marital 

20 union if a spouse), may be naturalized upon compliance 

21 with all the requirements of this title except that the per22 son’s residence and physical presence in such foreign coun23 try shall be treated as residence and physical presence in 

24 the United States or any State for the purpose of satis25 fying the requirements of section 316 or 322 for natuVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 ralization and for the purpose of satisfying the require2 ments of section 101(a)(13)(C)(i) or (ii).’’. 

3 (b) OVERSEAS NATURALIZATION AUTHORITY.—Sec4 tion 1701(d) of the National Defense Authorization Act 

5 for Fiscal Year 2004 (8 U.S.C. 1443a) is amended by in6 serting ‘‘, and persons eligible to meet the residence or 

7 physical presence requirements for naturalization pursu8 ant to subsection (e) of section 319 of the Immigration 

9 and Nationality Act (8 U.S.C. 1430),’’ after ‘‘Armed 

10 Forces’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect on the date of enactment of 

13 this Act and apply to any application of naturalization 

14 pending before the Secretary of Homeland Security on or 

15 after the date of enactment. 

16 TITLE VII—HEALTH CARE 

17 PROVISIONS 

18 SEC. 701. INCLUSION OF TRICARE RETAIL PHARMACY PRO19 GRAM IN FEDERAL PROCUREMENT OF PHAR20 MACEUTICALS. 

21 (a) IN GENERAL.—Section 1074g of title 10, United 

22 States Code, is amended— 

23 (1) by redesignating subsections (f) and (g) as 

24 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 October 1, 2007, the 

6 TRICARE retail pharmacy program shall be treated as 

7 an element of the Department of Defense for purposes of 

8 the procurement of drugs by Federal agencies under sec9 tion 8126 of title 38 to the extent necessary to ensure 

10 that pharmaceuticals paid for by the Department of De11 fense that are provided by pharmacies under the program 

12 to eligible covered beneficiaries under this section are sub13 ject to the pricing standards in such section 8126.’’. 

14 (b) REGULATIONS.—The Secretary of Defense shall, 

15 after consultation with the other administering Secretaries 

16 under chapter 55 of title 10, United States Code, modify 

17 the regulations under subsection (h) of section 1074g of 

18 title 10, United States Code (as redesignated by sub19 section (a)(1) of this section), to implement the require20 ments of subsection (f) of section 1074g of title 10, United 

21 States Code (as amended by subsection (a)(2) of this sec22 tion). The Secretary shall so modify such regulations not 

23 later than December 31, 2007. 


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1 SEC. 702. SURVEYS ON CONTINUED VIABILITY OF TRICARE 

2 STANDARD AND TRICARE EXTRA. 

3 (a) REQUIREMENT FOR SURVEYS.— 

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

5 shall conduct surveys of health care providers and 

6 beneficiaries who use TRICARE in the United 

7 States to determine, utilizing a reconciliation of the 

8 responses of providers and beneficiaries to such sur9 veys, each of the following: 

10 (A) How many health care providers in 

11 TRICARE Prime service areas selected under 

12 paragraph (3)(A) are accepting new patients 

13 under each of TRICARE Standard and 

14 TRICARE Extra. 

15 (B) How many health care providers in ge16 ographic areas in which TRICARE Prime is not 

17 offered are accepting patients under each of 

18 TRICARE Standard and TRICARE Extra. 

19 (C) The availability of mental health care 

20 providers in TRICARE Prime service areas se21 lected under paragraph (3)(C) and in geo22 graphic areas in which TRICARE Prime is not 

23 offered. 

24 (2) BENCHMARKS.—The Secretary shall estab25 lish for purposes of the surveys required by para26 graph (1) benchmarks for primary care and specialty 


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1 care providers, including mental health care pro2 viders, to be utilized to determine the adequacy of 

3 health care providers to beneficiaries eligible for 

4 TRICARE. 

5 (3) SCOPE OF SURVEYS.—The Secretary shall 

6 carry out the surveys required by paragraph (1) as 

7 follows: 

8 (A) In the case of the surveys required by 

9 subparagraph (A) of that paragraph, in at least 

10 20 TRICARE Prime service areas in the 

11 United States in each of fiscal years 2008 

12 through 2011. 

13 (B) In the case of the surveys required by 

14 subparagraph (B) of that paragraph, in 20 geo15 graphic areas in which TRICARE Prime is not 

16 offered and in which significant numbers of 

17 beneficiaries who are members of the Selected 

18 Reserve reside. 

19 (C) In the case of the surveys required by 

20 subparagraph (C) of that paragraph, in at least 

21 40 geographic areas. 

22 (4) PRIORITY FOR SURVEYS.—In prioritizing 

23 the areas which are to be surveyed under paragraph 

24 (1), the Secretary shall— 


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1 (A) consult with representatives of 

2 TRICARE beneficiaries and health care and 

3 mental health care providers to identify loca4 tions where TRICARE Standard beneficiaries 

5 are experiencing significant levels of access-to6 care problems under TRICARE Standard or 

7 TRICARE Extra; and 

8 (B) give a high priority to surveying health 

9 care and mental health care providers in such 

10 areas. 

11 (5) INFORMATION FROM PROVIDERS.—The sur12 veys required by paragraph (1) shall include ques13 tions seeking to determine from health care and 

14 mental health care providers the following: 

15 (A) Whether the provider is aware of the 

16 TRICARE program. 

17 (B) What percentage of the provider’s cur18 rent patient population uses any form of 

19 TRICARE. 

20 (C) Whether the provider accepts patients 

21 for whom payment is made under the medicare 

22 program for health care and mental health care 

23 services. 

24 (D) If the provider accepts patients re25 ferred to in subparagraph (C), whether the proVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 vider would accept additional such patients who 

2 are not in the provider’s current patient popu3 lation. 

4 (6) INFORMATION FROM BENEFICIARIES.—The 

5 surveys required by paragraph (1) shall include 

6 questions seeking information to determine from 

7 TRICARE beneficiaries whether they have difficul8 ties in finding health care and mental health care 

9 providers willing to provide services under 

10 TRICARE Standard or TRICARE Extra. 

11 (b) SUPERVISION.— 

12 (1) SUPERVISING OFFICIAL.—The Secretary 

13 shall designate a senior official of the Department of 

14 Defense to take the actions necessary for achieving 

15 and maintaining participation of health care and 

16 mental health care providers in TRICARE Standard 

17 and TRICARE Extra throughout TRICARE in a 

18 number that is adequate to ensure the viability of 

19 TRICARE Standard for TRICARE beneficiaries. 

20 (2) DUTIES.—The official designated under 

21 paragraph (1) shall have the following duties: 

22 (A) To make recommendations to the Sec23 retary for purposes of subsection (a)(2) on ap24 propriate benchmarks for measuring the ade25 quacy of health care and mental health care 


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1 providers in TRICARE Prime service areas and 

2 geographic areas in the United States in which 

3 TRICARE Prime is not offered. 

4 (B) To educate health care and mental 

5 health care providers about TRICARE Stand6 ard and TRICARE Extra. 

7 (C) To encourage health care and mental 

8 health care providers to accept patients under 

9 TRICARE Standard and TRICARE Extra. 

10 (D) To ensure that TRICARE bene11 ficiaries have the information necessary to lo12 cate TRICARE Standard and TRICARE Extra 

13 providers readily. 

14 (E) To recommend adjustments in 

15 TRICARE Standard provider payment rates 

16 that the official considers necessary to ensure 

17 adequate availability of TRICARE Standard 

18 providers for TRICARE Standard beneficiaries. 

19 (c) GAO REVIEW.— 

20 (1) ONGOING REVIEW.—The Comptroller Gen21 eral shall, on an ongoing basis, review— 

22 (A) the processes, procedures, and analysis 

23 used by the Department of Defense to deter24 mine the adequacy of the number of health care 

25 and mental health care providers— 


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1 (i) that currently accept TRICARE 

2 Standard or TRICARE Extra beneficiaries 

3 as patients under TRICARE Standard in 

4 each TRICARE area as of the date of 

5 completion of the review; and 

6 (ii) that would accept TRICARE 

7 Standard or TRICARE Extra beneficiaries 

8 as new patients under TRICARE Standard 

9 or TRICARE Extra, as applicable, within 

10 a reasonable time after the date of comple11 tion of the review; and 

12 (B) the actions taken by the Department 

13 of Defense to ensure ready access of TRICARE 

14 Standard beneficiaries to health care and men15 tal health care under TRICARE Standard in 

16 each TRICARE area, including any pending or 

17 resolved requests for waiver of payment limits 

18 in order to improve access to health care or 

19 mental health care in a specific geographic 

20 area. 

21 (2) REPORTS.—The Comptroller General shall 

22 submit to the Committees on Armed Services of the 

23 Senate and the House of Representatives on a bi-an24 nual basis a report on the results of the review 


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1 under paragraph (1). Each report shall include the 

2 following: 

3 (A) An analysis of the adequacy of the sur4 veys under subsection (a). 

5 (B) An identification of any impediments 

6 to achieving adequacy of availability of health 

7 care and mental health care under TRICARE 

8 Standard or TRICARE Extra. 

9 (C) An assessment of the adequacy of De10 partment of Defense education programs to in11 form health care and mental health care pro12 viders about TRICARE Standard and 

13 TRICARE Extra. 

14 (D) An assessment of the adequacy of De15 partment of Defense initiatives to encourage 

16 health care and mental health care providers to 

17 accept patients under TRICARE Standard and 

18 TRICARE Extra. 

19 (E) An assessment of the adequacy of in20 formation available to TRICARE Standard 

21 beneficiaries to facilitate access by such bene22 ficiaries to health care and mental health care 

23 under TRICARE Standard and TRICARE 

24 Extra. 


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1 (F) An assessment of any need for adjust2 ment of health care and mental health care pro3 vider payment rates to attract participation in 

4 TRICARE Standard by appropriate numbers of 

5 health care and mental health care providers. 

6 (d) EFFECTIVE DATE.—This section shall take effect 

7 on October 1, 2007. 

8 (e) REPEAL OF SUPERSEDED REQUIREMENTS AND

9 AUTHORITY.—Section 723 of the National Defense Au10 thorization Act for Fiscal Year 2004 (10 U.S.C. 1073 

11 note) is repealed, effective as of October 1, 2007. 

12 (f) DEFINITIONS.—In this section: 

13 (1) The term ‘‘TRICARE Extra’’ means the 

14 option of the TRICARE program under which 

15 TRICARE Standard beneficiaries may obtain dis16 counts on cost-sharing as a result of using 

17 TRICARE network providers. 

18 (2) The term ‘‘TRICARE Prime’’ means the 

19 managed care option of the TRICARE program. 

20 (3) The term ‘‘TRICARE Prime service area’’ 

21 means a geographic are designated by the Depart22 ment of Defense in which managed care support 

23 contractors develop a managed care network under 

24 TRICARE Prime. 


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1 (4) The term ‘‘TRICARE Standard’’ means the 

2 option of the TRICARE program that is also known 

3 as the Civilian Health and Medical Program of the 

4 Uniformed Services, as defined in section 1072(4) of 

5 title 10, United States Code. 

6 (5) The term ‘‘United States’’ means the 

7 United States (as defined in section 101(a) of title 

8 10, United States Code), its possessions (as defined 

9 in such section), and the Commonwealth of Puerto 

10 Rico. 

11 TITLE VIII—ACQUISITION POL12 ICY, ACQUISITION MANAGE13 MENT, AND RELATED MAT14 TERS 

15 Subtitle A—Provisions Relating to 

16 Major Defense Acquisition Pro17 grams 

18 SEC. 801. SUBSTANTIAL SAVINGS UNDER MULTIYEAR CON19 TRACTS. 

20 (a) DEFINITION IN REGULATIONS OF SUBSTANTIAL

21 SAVINGS UNDER MULTIYEAR CONTRACTS.— 

22 (1) IN GENERAL.—Not later than 60 days after 

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

24 of Defense shall modify the regulations prescribed 

25 pursuant to subsection (b)(2)(A) of section 2306b of 


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1 title 10, United States Code, to define the term 

2 ‘‘substantial savings’’ for purposes of subsection 

3 (a)(1) of such section. Such regulations shall specify 

4 that— 

5 (A) savings that exceed 10 percent of the 

6 total anticipated costs of carrying out a pro7 gram through annual contracts shall be consid8 ered to be substantial; 

9 (B) savings that exceed 5 percent of the 

10 total anticipated costs of carrying out a pro11 gram through annual contracts, but do not ex12 ceed 10 percent of such costs, shall not be con13 sidered to be substantial unless the Secretary 

14 determines in writing that an exceptionally 

15 strong case has been made with regard to the 

16 findings required by paragraphs (2) through (6) 

17 of section 2306b(a) of such title; and 

18 (C) savings that do not exceed 5 percent of 

19 the total anticipated costs of carrying out a pro20 gram through annual contracts shall not be 

21 considered to be substantial. 

22 (2) EFFECTIVE DATE.—The modification re23 quired by paragraph (1) shall apply with regard to 

24 any multiyear contract that is authorized after the 


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1 date that is 60 days after the date of the enactment 

2 of this Act. 

3 (b) REPORT ON BASIS FOR DETERMINATION.—Sec4 tion 2306b(i)(3) of title 10, United States Code, is amend5 ed by inserting before the period at the end the following: 

6 ‘‘after the head of the agency concerned submits to the 

7 congressional defense committees a report on the specific 

8 facts supporting the determination of the head of that 

9 agency under subsection (a)’’. 

10 (c) REPORTS ON SAVINGS ACHIEVED.— 

11 (1) REPORTS REQUIRED.—Not later than Janu12 ary 15 of 2008, 2009, and 2010, the Secretary shall 

13 submit to the congressional defense committees a re14 port on the savings achieved through the use of 

15 multiyear contracts that were entered under the au16 thority of section 2306b of title 10, United States 

17 Code, and the performance of which was completed 

18 in the preceding fiscal year. 

19 (2) ELEMENTS.—Each report under paragraph 

20 (1) shall specify, for each multiyear contract covered 

21 by such report— 

22 (A) the savings that the Department of 

23 Defense estimated it would achieve through the 

24 use of the multiyear contract at the time such 

25 contract was awarded; and 


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1 (B) the best estimate of the Department 

2 on the savings actually achieved under such 

3 contract. 

4 SEC. 802. CHANGES TO MILESTONE B CERTIFICATIONS. 

5 Section 2366a of title 10, United States Code, is 

6 amended— 

7 (1) in subsection (a), by inserting ‘‘, after re8 ceiving a business case analysis,’’ after ‘‘the mile9 stone decision authority’’ in the matter preceding 

10 paragraph (1); 

11 (2) by redesignating subsections (b), (c), (d), 

12 and (e) as subsections (c), (d), (e), and (f), respec13 tively; 

14 (3) by inserting after subsection (a) the fol15 lowing new subsection (b): 

16 ‘‘(b) CHANGES TO CERTIFICATION.—(1) The pro17 gram manager for a major defense acquisition program 

18 that has received certification under subsection (a) shall 

19 immediately notify the milestone decision authority of any 

20 changes to the program that are— 

21 ‘‘(A) inconsistent with such certification; or 

22 ‘‘(B) deviate significantly from the material 

23 provided to the milestone decision authority in sup24 port of such certification. 


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1 ‘‘(2) Upon receipt of information under paragraph 

2 (1), the milestone decision authority may withdraw the 

3 certification concerned or rescind Milestone B approval (or 

4 Key Decision Point B approval in the case of a space pro5 gram) if the milestone decision authority determines that 

6 such action is in the best interest of the national security 

7 of the United States.’’; 

8 (4) in subsection (c), as redesignated by para9 graph (1)— 

10 (A) by inserting ‘‘(1)’’ before ‘‘The certifi11 cation’’; and 

12 (B) by adding at the end the following new 

13 paragraph (2): 

14 ‘‘(2) Any information provided to the milestone deci15 sion authority pursuant to subsection (b) shall be summa16 rized in the first Selected Acquisition Report submitted 

17 under section 2432 of this title after such information is 

18 received by the milestone decision authority.’’; and 

19 (5) in subsection (e), as so redesignated, by 

20 striking ‘‘subsection (c)’’ and inserting ‘‘subsection 

21 (d)’’. 


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1 SEC. 803. COMPTROLLER GENERAL REPORT ON DEPART2 MENT OF DEFENSE ORGANIZATION AND 

3 STRUCTURE FOR MAJOR DEFENSE ACQUISI4 TION PROGRAMS. 

5 (a) REPORT REQUIRED.—Not later than one year 

6 after the date of the enactment of this Act, the Comp7 troller General of the United States shall submit to the 

8 congressional defense committees a report on potential 

9 modifications of the organization and structure of the De10 partment of Defense for major defense acquisition pro11 grams. 

12 (b) ELEMENTS.—The report required by subsection 

13 (a) shall include the results of a review, conducted by the 

14 Comptroller General for purposes of the report, regarding 

15 the feasibility and advisability of, at a minimum, the fol16 lowing: 

17 (1) Establishing system commands within each 

18 military department, each of which commands would 

19 be headed by a 4-star general or flag officer, to 

20 whom the program managers and program executive 

21 officers for major defense acquisition programs 

22 would report. 

23 (2) Revising the acquisition process for major 

24 defense acquisition programs by establishing shorter, 

25 more frequent acquisition program milestones. 


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1 (3) Requiring certifications of program status 

2 to the defense acquisition executive and Congress 

3 prior to milestone approval for major defense acqui4 sition programs. 

5 (4) Establishing a new office (to be known as 

6 the ‘‘Office of Independent Assessment’’) to provide 

7 independent cost estimates and performance esti8 mates for major defense acquisition programs. 

9 (5) Establishing a milestone system for major 

10 defense acquisition programs utilizing the following 

11 milestones (or such other milestones as the Comp12 troller General considers appropriate for purposes of 

13 the review): 

14 (A) MILESTONE 0.—The time for the de15 velopment and approval of a mission need state16 ment for a major defense acquisition program. 

17 (B) MILESTONE 1.—The time for the de18 velopment and approval of a capability need 

19 definition for a major defense acquisition pro20 gram, including development and approval of a 

21 certification statement on the characteristics re22 quired for the system under the program and a 

23 determination of the priorities among such 

24 characteristics. 


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1 (C) MILESTONE 2.—The time for tech2 nology development and assessment for a major 

3 defense acquisition program, including develop4 ment and approval of a certification statement 

5 on technology maturity of elements under the 

6 program. 

7 (D) MILESTONE 3.—The time for system 

8 development and demonstration for a major de9 fense acquisition program, including develop10 ment and approval of a certification statement 

11 on design proof of concept. 

12 (E) MILESTONE 4.—The time for final de13 sign, production prototyping, and testing of a 

14 major defense acquisition program, including 

15 development and approval of a certification 

16 statement on cost, performance, and schedule in 

17 advance of initiation of low-rate production of 

18 the system under the program. 

19 (F) MILESTONE 5.—The time for limited 

20 production and field testing of the system under 

21 a major defense acquisition program. 

22 (G) MILESTONE 6.—The time for initiation 

23 of full-rate production of the system under a 

24 major defense acquisition program. 


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1 (6) Requiring the Milestone Decision Authority 

2 for a major defense acquisition program to specify, 

3 at the time of Milestone B approval, or Key Decision 

4 Point B approval, as applicable, the period of time 

5 that will be required to deliver an initial operational 

6 capability to the relevant combatant commanders. 

7 (7) Establishing a materiel solutions process for 

8 addressing identified gaps in critical warfighting ca9 pabilities, under which process the Under Secretary 

10 of Defense for Acquisition, Technology, and Logis11 tics circulates among the military departments and 

12 appropriate Defense Agencies a request for pro13 posals for technologies and systems to address such 

14 gaps. 

15 (8) Modifying the role played by chiefs of staff 

16 of the Armed Forces in the requirements, resource 

17 allocation, and acquisition processes. 

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) Individuals who formerly served as senior 

25 acquisition officials in the Department of Defense. 


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1 (3) Participants in previous reviews of the orga2 nization and structure of the Department of Defense 

3 for the acquisition of major weapon systems, includ4 ing the President’s Blue Ribbon Commission on De5 fense Management in 1986. 

6 (4) Other experts on the acquisition of major 

7 weapon systems. 

8 (5) Appropriate experts in the Government Ac9 countability Office. 

10 SEC. 804. INVESTMENT STRATEGY FOR MAJOR DEFENSE 

11 ACQUISITION PROGRAMS. 

12 (a) REPORT REQUIRED.—Not later than 180 days 

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

14 of Defense shall submit to the congressional defense com15 mittees a report on the strategies of the Department of 

16 Defense for the allocation of funds and other resources 

17 under major defense acquisition programs. 

18 (b) ELEMENTS.—The report required by subsection 

19 (a) shall address, at a minimum, Department of Defense 

20 organizations, procedures, and approaches for the fol21 lowing purposes: 

22 (1) To establish priorities among needed capa23 bilities under major defense acquisition programs, 

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1 nologies, time, and personnel) needed to achieve 

2 such capabilities. 

3 (2) To balance cost, schedule, and requirements 

4 for major defense acquisition programs to ensure the 

5 most efficient use of Department of Defense re6 sources. 

7 (3) To ensure that the budget, requirements, 

8 and acquisition processes of the Department of De9 fense work in a complementary manner to achieve 

10 desired results. 

11 (c) ROLE OF TRI-CHAIR COMMITTEE IN RESOURCE

12 ALLOCATION.— 

13 (1) IN GENERAL.—The report required by sub14 section (a) shall also address the role of the com15 mittee described in paragraph (2) in the resource al16 location process for major defense acquisition pro17 grams. 

18 (2) COMMITTEE.—The committee described in 

19 this paragraph is a committee (to be known as the 

20 ‘‘Tri-Chair Committee’’) composed of the following: 

21 (A) The Under Secretary of Defense for 

22 Acquisition, Technology, and Logistics, who is 

23 one of the chairs of the committee. 


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1 (B) The Vice Chairman of the Joint Chiefs 

2 of Staff, who is one of the chairs of the com3 mittee. 

4 (C) The Director of Program Analysis and 

5 Evaluation, who is one of the chairs of the com6 mittee. 

7 (D) Any other appropriate officials of the 

8 Department of Defense, as jointly agreed upon 

9 by the Under Secretary and the Vice Chairman. 

10 (d) RECOMMENDATIONS.—The report required by 

11 subsection (a) shall include any recommendations, includ12 ing recommendations for legislative action, that the Sec13 retary considers appropriate to improve the organizations, 

14 procedures, and approaches described in the report. 

15 SEC. 805. REPORT ON IMPLEMENTATION OF RECOMMENDA16 TIONS ON TOTAL OWNERSHIP COST FOR 

17 MAJOR WEAPON SYSTEMS. 

18 (a) REPORT REQUIRED.—Not later than 180 days 

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

20 of Defense shall submit to the congressional defense com21 mittees a report on the extent of the implementation of 

22 the recommendations set forth in the February 2003 re23 port of the Government Accountability Office entitled 

24 ‘‘Setting Requirements Differently Could Reduce Weapon 

25 Systems’ Total Ownership Costs’’. 


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1 (b) ELEMENTS.—The report required by subsection 

2 (a) shall include the following: 

3 (1) For each recommendation described in sub4 section (a) that has been implemented, or that the 

5 Secretary plans to implement— 

6 (A) a summary of all actions that have 

7 been taken to implement such recommendation; 

8 and 

9 (B) a schedule, with specific milestones, 

10 for completing the implementation of such rec11 ommendation. 

12 (2) For each recommendation that the Sec13 retary has not implemented and does not plan to im14 plement— 

15 (A) the reasons for the decision not to im16 plement such recommendation; and 

17 (B) a summary of any alternative actions 

18 the Secretary plans to take to address the pur19 poses underlying such recommendation. 

20 (3) A summary of any additional actions the 

21 Secretary has taken or plans to take to ensure that 

22 total ownership cost is appropriately considered in 

23 the requirements process for major weapon systems. 


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1 Subtitle B—Amendments Relating 

2 to General Contracting Authori3 ties, Procedures, and Limita4 tions 

5 SEC. 821. ENHANCED COMPETITION REQUIREMENTS FOR 

6 TASK AND DELIVERY ORDER CONTRACTS. 

7 (a) LIMITATION ON SINGLE AWARD CONTRACTS.— 

8 Section 2304a(d) of title 10, United States Code, is 

9 amended— 

10 (1) by redesignating paragraph (3) as para11 graph (4); and 

12 (2) by inserting after paragraph (2) the fol13 lowing new paragraph (3): 

14 ‘‘(3) No task or delivery order contract in an amount 

15 estimated to exceed $100,000,000 (including all options) 

16 may be awarded to a single contractor unless the head 

17 of the agency determines in writing that— 

18 ‘‘(A) because of the size, scope, or method of 

19 performance of the requirement, it would not be 

20 practical to award multiple task or delivery order 

21 contracts; 

22 ‘‘(B) the task or delivery orders expected under 

23 the contract are so integrally related that only a sin24 gle contractor can reasonably perform the work; 


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1 ‘‘(C) 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; or 

8 ‘‘(D) only one contractor is qualified and capa9 ble of performing the work at a reasonable price to 

10 the government.’’. 

11 (b) ENHANCED COMPETITION FOR ORDERS IN EX12 CESS OF $5,000,000.—Section 2304c of such title is 

13 amended— 

14 (1) by redesignating subsections (d), (e), and 

15 (f) as subsections (e), (f), and (g), respectively; 

16 (2) by inserting after subsection (c) the fol17 lowing new subsection (d): 

18 ‘‘(d) ENHANCED COMPETITION FOR ORDERS IN EX19 CESS OF $5,000,000.—In the case of a task or delivery 

20 order in excess of $5,000,000, the requirement to provide 

21 all contractors a fair opportunity to be considered under 

22 subsection (b) is not met unless all such contractors are 

23 provided, at a minimum— 


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1 ‘‘(1) a notice of the task or delivery order that 

2 includes a clear statement of the agency’s require3 ments; 

4 ‘‘(2) a reasonable period of time to provide a 

5 proposal in response to the notice; 

6 ‘‘(3) disclosure of the significant factors and 

7 subfactors, including cost or price, that the agency 

8 expects to consider in evaluating such proposals, and 

9 their relative importance; 

10 ‘‘(4) in the case of an award that is to be made 

11 on a best value basis, a written statement docu12 menting the basis for the award and the relative im13 portance of quality and price or cost factors; and 

14 ‘‘(5) an opportunity for a post-award debriefing 

15 consistent with the requirements of section 

16 2305(b)(5) of this title.’’; and 

17 (3) by striking subsection (e), as redesignated 

18 by paragraph (1), and inserting the following new 

19 subsection (e): 

20 ‘‘(e) PROTESTS.—(1) A protest is not authorized in 

21 connection with the issuance or proposed issuance of a 

22 task or delivery order except for— 

23 ‘‘(A) a protest on the ground that the order in24 creases the scope, period, or maximum value of the 

25 contract under which the order is issued; or 


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1 ‘‘(B) a protest of an order valued in excess of 

2 $5,000,000. 

3 ‘‘(2) Notwithstanding section 3556 of title 31, the 

4 Comptroller General of the United States shall have exclu5 sive jurisdiction of a protest authorized under paragraph 

6 (1)(B).’’. 

7 (c) EFFECTIVE DATES.— 

8 (1) SINGLE AWARD CONTRACTS.—The amend9 ments made by subsection (a) shall take effect on 

10 the date that is 60 days after the date of the enact11 ment of this Act, and shall apply with respect to any 

12 contract awarded on or after such date. 

13 (2) ORDERS IN EXCESS OF $5,000,000.—The 

14 amendments made by subsection (b) shall take effect 

15 on the date that is 60 days after the date of the en16 actment of this Act, and shall apply with respect to 

17 any task or delivery order awarded on or after such 

18 date. 

19 SEC. 822. CLARIFICATION OF RULES REGARDING THE PRO20 CUREMENT OF COMMERCIAL ITEMS. 

21 (a) TREATMENT OF SUBSYSTEMS, COMPONENTS, 

22 AND SPARE PARTS AS COMMERCIAL ITEMS.— 

23 (1) IN GENERAL.—Section 2379 of title 10, 

24 United States Code, is amended— 


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1 (A) by striking subsection (b) and insert2 ing the following new subsection (b): 

3 ‘‘(b) TREATMENT OF SUBSYSTEMS AS COMMERCIAL

4 ITEMS.—A subsystem of a major weapon system shall be 

5 treated as a commercial item and purchased under proce6 dures established for the procurement of commercial items 

7 only if— 

8 ‘‘(1) the subsystem is intended for a major 

9 weapon system that is being purchased, or has been 

10 purchased, under procedures established for the pro11 curement of commercial items in accordance with 

12 the requirements of subsection (a); 

13 ‘‘(2) the Secretary of Defense determines 

14 that— 

15 ‘‘(A) the subsystem is a commercial item, 

16 as defined in section 4(12) of the Office of Fed17 eral Procurement Policy Act (41 U.S.C. 

18 403(12)); and 

19 ‘‘(B) the treatment of the subsystem as a 

20 commercial item is necessary to meet national 

21 security objectives; or 

22 ‘‘(3) the contractor demonstrates that it has 

23 sold, leased, or licensed the subsystem or an item 

24 that is the same as the subsystem, but for modifica25 tions described in subparagraphs (B) and (C) of secVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 tion 4(12) of the Office of Federal Procurement Pol2 icy Act, in significant quantities to the general pub3 lic.’’; 

4 (B) by redesignating subsections (c) and 

5 (d) as subsections (e) and (f), respectively; and 

6 (C) by inserting after subsection (b) the 

7 following new subsections (c) and (d): 

8 ‘‘(c) TREATMENT OF COMPONENTS AND SPARE

9 PARTS AS COMMERCIAL ITEMS.—A component or spare 

10 part for a major weapon system may be treated as a com11 mercial item, and purchased under procedures established 

12 for the procurement of commercial items, only if— 

13 ‘‘(1) the component or spare part is intended 

14 for— 

15 ‘‘(A) a major weapon system that is being 

16 purchased, or has been purchased, under proce17 dures established for the procurement of com18 mercial items in accordance with the require19 ments of subsection (a); or 

20 ‘‘(B) a subsystem of a major weapon sys21 tem that is being purchased, or has been pur22 chased, under procedures established for the 

23 procurement of commercial items in accordance 

24 with the requirements of subsection (b); or 


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1 ‘‘(2) the contractor demonstrates that it has 

2 sold, leased, or licensed the component or spare 

3 part, or an item that is the same as the component 

4 or spare part, but for modifications described in sub5 paragraphs (B) and (C) of section 4(12) of the Of6 fice of Federal Procurement Policy Act, in signifi7 cant quantities to the general public. 

8 ‘‘(d) PRICE INFORMATION.—In the case of any major 

9 weapon system, subsystem, component, or spare part pur10 chased under procedures established for the procurement 

11 of commercial items under the authority of this section, 

12 the contractor shall provide data other than certified cost 

13 or pricing data, including information on prices at which 

14 the same item or similar items have previously been sold 

15 to the general public, that is adequate for evaluating, 

16 through price analysis, the reasonableness of the price of 

17 the contract, subcontract, or modification of the contract 

18 or subcontract pursuant to which such major weapon sys19 tem, subsystem, component or spare part, as the case may 

20 be, will be purchased.’’. 

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 nent, or spare part that is determined to be a com2 mercial item in accordance with the requirements of 

3 section 2379 of this title)’’. 

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 following: 

11 (1) The Federal Government or a State, local, 

12 or foreign government. 

13 (2) A contractor or subcontractor acting on be14 half of the Federal Government or a State, local, or 

15 foreign government. 

16 (c) HARMONIZATION OF THRESHOLDS FOR COST OR

17 PRICING DATA.—Section 2306a(b)(3)(A) of title 10, 

18 United States Code, is amended by striking ‘‘$500,000’’ 

19 and inserting ‘‘the amount specified in subsection 

20 (a)(1)(A)(i), as adjusted from time to time under sub21 section (a)(7),’’. 

22 SEC. 823. CLARIFICATION OF RULES REGARDING THE PRO23 CUREMENT OF COMMERCIAL SERVICES. 

24 Notwithstanding section 8002(d) of the Federal Ac25 quisition Streamlining Act of 1994 (41 U.S.C. 264 note), 


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1 the Secretary of Defense shall modify the regulations of 

2 the Department of Defense on procurements for or on be3 half of the Department of Defense in order to prohibit 

4 the use of time and materials contracts or labor-hour con5 tracts to purchase as commercial items any category of 

6 commercial services other than the following: 

7 (1) Commercial services procured for support of 

8 a commercial item, as described in section 4(12)(E) 

9 of the Office of Federal Procurement Policy Act (41 

10 U.S.C. 403(12)(E)). 

11 (2) Emergency repair services. 

12 SEC. 824. 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. 825. 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. 826. MULTIYEAR PROCUREMENT AUTHORITY FOR 

16 ELECTRICITY FROM RENEWABLE ENERGY 

17 SOURCES. 

18 (a) MULTIYEAR PROCUREMENT AUTHORIZED.— 

19 Chapter 141 of title 10, United States Code, is amended 

20 by adding at the end the following new section: 

21 ‘‘§ 2410q. Multiyear procurement authority: purchase 

22 of electricity from renewable energy 

23 sources 

24 ‘‘(a) MULTIYEAR CONTRACTS AUTHORIZED.—Sub25 ject to subsection (b), the Secretary of Defense may enter 


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1 into contracts for a period not to exceed 10 years for the 

2 purchase of electricity from sources of renewable energy, 

3 as that term is defined in section 203(b)(2) of the Energy 

4 Policy Act of 2005 (42 U.S.C. 15852(b)(2)). 

5 ‘‘(b) LIMITATIONS ON CONTRACTS FOR PERIODS IN

6 EXCESS OF FIVE YEARS.—The Secretary may exercise 

7 the authority in subsection (a) to enter a contract for a 

8 period in excess of five years only if the Secretary deter9 mines, on the basis of a business case prepared by the 

10 Department of Defense that— 

11 ‘‘(1) the proposed purchase of electricity under 

12 such contract is cost effective for the Department of 

13 Defense; and 

14 ‘‘(2) it would not be possible to purchase elec15 tricity from the source in an economical manner 

16 without the use of a contract for a period in excess 

17 of five years.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of chapter 141 of such title is amended 

20 by adding at the end the following new item: 

‘‘2410q. Multiyear procurement authority: purchase of electricity from renewable 

energy sources.’’. 


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1 Subtitle C—Acquisition Policy and 

2 Management 

3 SEC. 841. JOINT REQUIREMENTS OVERSIGHT COUNCIL. 

4 (a) ADVISORS.—Section 181 of title 10, United 

5 States Code, is amended— 

6 (1) by redesignating subsection (c) as sub7 section (d); and 

8 (2) by inserting after subsection (b) the fol9 lowing new subsection (c): 

10 ‘‘(c) ADVISORS.—The Under Secretary of Defense for 

11 Acquisition, Technology, and Logistics and the Under Sec12 retary of Defense (Comptroller) shall serve as advisors to 

13 the Council on matters within their authority and exper14 tise.’’. 

15 (b) 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 SEC. 842. MANAGEMENT STRUCTURE FOR THE PROCURE21 MENT OF CONTRACT SERVICES. 

22 (a) AUTHORITY TO ESTABLISH CONTRACT SUPPORT

23 ACQUISITION CENTERS.—Subsection (b) of section 2330 

24 of title 10, United States Code, is amended by adding at 

25 the end the following new paragraph: 


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1 ‘‘(4) Each senior official responsible for the manage2 ment of acquisition of contract services is authorized to 

3 establish a center (to be known as a ‘Contract Support 

4 Acquisition Center’) to act as executive agent for the ac5 quisition of contract services. Any center so established 

6 shall be subject to the provisions of subsection (c).’’. 

7 (b) DIRECTION, STAFF, AND SUPPORT.—Such sec8 tion is further amended— 

9 (1) by redesignating subsection (c) as sub10 section (d); and 

11 (2) by inserting after subsection (b) the fol12 lowing new subsection (c): 

13 ‘‘(c) DIRECTION, STAFF, AND SUPPORT OF CON14 TRACT SUPPORT ACQUISITION CENTERS.—(1) The Con15 tract Support Acquisition Center established by a senior 

16 official responsible for the management of acquisition of 

17 contract services under subsection (b)(4) shall be subject 

18 to the direction, supervision, and oversight of such senior 

19 official. 

20 ‘‘(2) The Secretary of Defense or the Secretary of 

21 the military department concerned may transfer to a Con22 tract Support Acquisition Center any personnel under the 

23 authority of such Secretary whose principal duty is the 

24 acquisition of contract services. 


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1 ‘‘(3)(A) Except as provided in subparagraph (E), the 

2 Secretary of Defense may accept from the head of a de3 partment or agency outside the Department of Defense 

4 a transfer to any Contract Support Acquisition Center 

5 under subsection (b)(4) of all or part of any organizational 

6 unit of such other department or agency that is primarily 

7 engaged in the acquisition of contract services if, during 

8 the most recent year for which data is available before 

9 such transfer, more than 50 percent of the contract serv10 ices acquired by such organizational unit (as determined 

11 on the basis of cost) were acquired on behalf of the De12 partment of Defense. 

13 ‘‘(B) The head of a department or agency outside the 

14 Department of Defense may transfer in accordance with 

15 this paragraph an organizational unit that is authorized 

16 to be accepted under subparagraph (A). 

17 ‘‘(C) A transfer under this paragraph may be made 

18 and accepted only pursuant to a memorandum of under19 standing entered into by the head of the department or 

20 agency making the transfer and the Secretary of Defense. 

21 ‘‘(D) A transfer of an organizational unit under this 

22 paragraph shall include the transfer of the personnel of 

23 such organizational unit, the assets of such organizational 

24 unit, and the contracts of such organizational unit, to the 


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1 extent provided in the memorandum of understanding gov2 erning the transfer of the unit. 

3 ‘‘(E) This paragraph does not authorize a transfer 

4 of the multiple award schedule program of the General 

5 Services Administration as described in section 

6 2302(2)(C) of this title.’’. 

7 SEC. 843. SPECIFICATION OF AMOUNTS REQUESTED FOR 

8 PROCUREMENT OF CONTRACT SERVICES. 

9 (a) SPECIFICATION OF AMOUNTS REQUESTED.—The 

10 budget justification materials submitted to Congress in 

11 support of the budget of the Department of Defense for 

12 any fiscal year after fiscal year 2008 shall identify clearly 

13 and separately the amounts requested in each budget ac14 count for the procurement of contract services. 

15 (b) CONTRACT SERVICES DEFINED.—In this section, 

16 the term ‘‘contract services’’— 

17 (1) means services from contractors; but 

18 (2) excludes services relating to research and 

19 development and services relating to military con20 struction. 

21 SEC. 844. DEPARTMENT OF DEFENSE ACQUISITION WORK22 FORCE DEVELOPMENT FUND. 

23 (a) PURPOSE.—The purpose of this section is to en24 sure that the Department of Defense acquisition work25 force has the capacity, in both personnel and skills, needed 


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1 to properly perform its mission, provide appropriate over2 sight of contractor performance, and ensure that the De3 partment receives the best value for the expenditure of 

4 public resources. 

5 (b) DEPARTMENT OF DEFENSE ACQUISITION WORK6 FORCE DEVELOPMENT FUND.— 

7 (1) ESTABLISHMENT.—The Secretary of De8 fense shall establish a fund to be known as the ‘‘De9 partment of Defense Acquisition Workforce Fund’’ 

10 (in this section referred to as the ‘‘Fund’’) to pro11 vide funds for the recruitment, training, and reten12 tion of acquisition personnel of the Department of 

13 Defense for the purpose of this section. 

14 (2) MANAGEMENT.—The Fund shall be man15 aged by a senior official of the Department of De16 fense designated by the Secretary for that purpose. 

17 (c) ELEMENTS.— 

18 (1) IN GENERAL.—The Fund shall consist of 

19 amounts as follows: 

20 (A) Amounts credited to the Fund under 

21 paragraph (2). 

22 (B) Any other amounts appropriated to, 

23 credited to, or deposited into the Fund by law. 

24 (2) CREDITS TO THE FUND.—(A) There shall 

25 be credited to the Fund an amount equal to the apVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 plicable percentage for a fiscal year of all amounts 

2 expended by the Department of Defense in such fis3 cal year for contract services, other than services re4 lating to research and development and services re5 lating to military construction. 

6 (B) Not later than 30 days after the end of the 

7 first fiscal year quarter of fiscal year 2008, and 30 

8 days after the end of each fiscal year quarter there9 after, the head of each military department and De10 fense Agency shall remit to the Secretary of Defense 

11 an amount equal to the applicable percentage for 

12 such fiscal year of the amount expended by such 

13 military department or Defense Agency, as the case 

14 may be, during such fiscal year quarter for services 

15 covered by subparagraph (A). Any amount so remit16 ted shall be credited to the Fund under subpara17 graph (A). 

18 (C) For purposes of this paragraph, the appli19 cable percentage for a fiscal year is a percentage as 

20 follows: 

21 (i) For fiscal year 2008, 0.5 percent. 

22 (ii) For fiscal year 2009, 1 percent. 

23 (iii) For fiscal year 2010, 1.5 percent. 

24 (iv) For any fiscal year after fiscal year 

25 2010, 2 percent. 


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1 (d) AVAILABILITY OF FUNDS.— 

2 (1) IN GENERAL.—Subject to the provisions of 

3 this subsection, amounts in the Fund shall be avail4 able to the Secretary of Defense for expenditure, or 

5 for transfer to a military department or Defense 

6 Agency, for the recruitment, training, and retention 

7 of acquisition personnel of the Department of De8 fense for the purpose of this section, including for 

9 the provision of training and retention incentives to 

10 the acquisition workforce of the Department as of 

11 the date of the enactment of this Act. 

12 (2) LIMITATION ON PAYMENTS TO OR FOR CON13 TRACTORS.—Amounts in the Fund shall not be 

14 available for payments to contractors or contractor 

15 employees, other than for the purpose of providing 

16 training to Department of Defense employees. 

17 (3) PROHIBITION ON PAYMENT OF BASE SAL18 ARY OF CURRENT EMPLOYEES.—Amounts in the 

19 Fund may not be used to pay the base salary of any 

20 person who is an employee of the Department as of 

21 the date of the enactment of this Act. 

22 (4) DURATION OF AVAILABILITY.—Amounts 

23 credited to the Fund under subsection (c)(2) shall 

24 remain available for expenditure in the fiscal year 


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1 for which credited and the two succeeding fiscal 

2 years. 

3 (e) ANNUAL REPORT.—Not later than 60 days after 

4 the end of each fiscal year beginning with fiscal year 2008, 

5 the Secretary of Defense shall submit to the congressional 

6 defense committees a report on the operation of the Fund 

7 during such fiscal year. Each report shall include, for the 

8 fiscal year covered by such report, the following: 

9 (1) A statement of the amounts remitted to the 

10 Secretary for crediting to the Fund for such fiscal 

11 year by each military department and Defense Agen12 cy, and a statement of the amounts credited to the 

13 Fund for such fiscal year. 

14 (2) A description of the expenditures made 

15 from the Fund (including expenditures following a 

16 transfer of amounts in the Fund to a military de17 partment or Defense Agency) in such fiscal year, in18 cluding the purpose of such expenditures. 

19 (3) A description and assessment of improve20 ments in the Department of Defense acquisition 

21 workforce resulting from such expenditures. 

22 (4) A statement of the balance remaining in the 

23 Fund at the end of such fiscal year. 


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1 (f) DEFENSE AGENCY DEFINED.—In this section, 

2 the term ‘‘Defense Agency’’ has the meaning given that 

3 term in section 101(a) of title 10, United States Code. 

4 (g) EXPEDITED HIRING AUTHORITY.— 

5 (1) IN GENERAL.—For purposes of sections 

6 3304, 5333, and 5753 of title 5, United States 

7 Code, the Secretary of Defense may— 

8 (A) designate any category of acquisition 

9 positions within the Department of Defense as 

10 shortage category positions; and 

11 (B) utilize the authorities in such sections 

12 to recruit and appoint highly qualified persons 

13 directly to positions so designated. 

14 (2) SUNSET.—The Secretary may not appoint a 

15 person to a position of employment under this sub16 section after September 30, 2012. 

17 SEC. 845. INVENTORIES AND REVIEWS OF CONTRACTS FOR 

18 SERVICES BASED ON COST OR TIME OF PER19 FORMANCE. 

20 (a) PREPARATION OF LISTS OF ACTIVITIES UNDER

21 CONTRACTS FOR SERVICES.— 

22 (1) PREPARATION OF LISTS.—Not later than 

23 the end of the third quarter of each fiscal year be24 ginning with fiscal year 2008, the Secretary of each 

25 military department and the head of each Defense 


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1 Agency shall submit to the Secretary of Defense a 

2 list of the activities performed during the preceding 

3 fiscal year pursuant to contracts for services for or 

4 on behalf of such military department or Defense 

5 Agency, as the case may be, under which the con6 tractor is paid on the basis of the cost or time of 

7 performance, rather than specific tasks performed or 

8 results achieved. 

9 (2) LIST ELEMENTS.—The entry for an activity 

10 on a list under paragraph (1) shall include, for the 

11 fiscal year covered by such entry, the following: 

12 (A) The fiscal year for which the activity 

13 first appeared on a list under this section. 

14 (B) The number of full-time contractor 

15 employees (or its equivalent) paid for the per16 formance of the activity. 

17 (C) A determination whether the contract 

18 pursuant to which the activity is performed is 

19 a personal services contract. 

20 (D) The name of the Federal official re21 sponsible for the management of the contract 

22 pursuant to which the activity is performed. 

23 (E) With respect to a list for a fiscal year 

24 after fiscal year 2008, information on plans and 


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1 written determinations made pursuant to sub2 section (c)(2). 

3 (b) PUBLIC AVAILABILITY OF LISTS.—Not later than 

4 30 days after the date on which lists are required to be 

5 submitted to the Secretary of Defense under subsection 

6 (a), the Secretary shall— 

7 (1) transmit to the congressional defense com8 mittees a copy of the lists so submitted to the Sec9 retary; 

10 (2) make such lists available to the public; and 

11 (3) publish in the Federal Register a notice 

12 that such lists are available to the public. 

13 (c) REVIEW AND PLANNING REQUIREMENTS.— 

14 (1) REVIEW OF LISTS.—Within a reasonable 

15 time after the date on which a notice of the public 

16 availability of a list is published under subsection 

17 (b)(3), the Secretary of the military department or 

18 head of the Defense Agency concerned shall— 

19 (A) review the contracts and activities in20 cluded on the list; 

21 (B) ensure that— 

22 (i) each contract on the list that is a 

23 personal services contract has been entered 

24 into, and is being performed, in accordance 


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1 with applicable statutory and regulatory 

2 requirements; 

3 (ii) the activities on the list do not in4 clude any inherently governmental func5 tions; and 

6 (iii) to the maximum extent prac7 ticable, the activities on the list do not in8 clude any functions closely associated with 

9 inherently governmental functions; and 

10 (C) for each activity on the list, either— 

11 (i) develop a plan to convert the activ12 ity to performance by Federal employees, 

13 convert the contract to a performance14 based contract, or terminate the activity; 

15 or 

16 (ii) make a written determination that 

17 it is not practicable for the military depart18 ment or Defense Agency, as the case may 

19 be, to take any of the actions otherwise re20 quired under clause (i). 

21 (2) ELEMENTS OF DETERMINATION.—A written 

22 determination pursuant to subparagraph (B)(ii) 

23 shall be accompanied by— 

24 (A) a statement of the basis for the deter25 mination; and 


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1 (B) a description of the resources that will 

2 be made available to ensure adequate planning, 

3 management, and oversight for each contract 

4 covered by the determination. 

5 (d) CHALLENGES TO LISTS.— 

6 (1) IN GENERAL.—An interested party may 

7 submit to the Secretary of the military department 

8 or head of the Defense Agency concerned a challenge 

9 to the omission of a particular activity from, or the 

10 inclusion of a particular activity on, a list made 

11 available to the public under subsection (b). 

12 (2) INTERESTED PARTY DEFINED.—In this 

13 subsection, the term ‘‘interested party’’, with respect 

14 to an activity referred to in subsection (a), means— 

15 (A) the contractor performing the activity; 

16 (B) an officer or employee of an organiza17 tion within the military department or Defense 

18 Agency concerned that is responsible for the 

19 performance of the activity; or 

20 (C) the head of any labor organization re21 ferred to in section 7103(a)(4) of title 5, United 

22 States Code, that includes within its member23 ship officers or employees or an organization 

24 described in subparagraph (B). 


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1 (3) DEADLINE FOR CHALLENGE.—A challenge 

2 to a list shall be submitted under paragraph (1) not 

3 later than 30 days after the date of the publication 

4 of the notice of public availability of the list under 

5 subsection (b)(3). 

6 (4) RESOLUTION OF CHALLENGE.—Not later 

7 than 30 days of the receipt by the Secretary of a 

8 military department or head of a Defense Agency of 

9 a challenge to a list under this subsection, an official 

10 designated by the Secretary of the military depart11 ment or the head of the Defense Agency, as the case 

12 may be, shall— 

13 (A) determine whether or not the challenge 

14 is valid; and 

15 (B) submit to the interested party con16 cerned a written notification of the determina17 tion, together with a discussion of the rationale 

18 for the determination. 

19 (5) ACTION FOLLOWING DETERMINATION OF

20 VALID CHALLENGE.—If the Secretary of a military 

21 department or head of a Defense Agency determines 

22 under paragraph (4)(A) that a challenge under this 

23 subsection to a list under this section is valid, such 

24 official shall— 


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1 (A) notify the Secretary of Defense of the 

2 determination; and 

3 (B) adjust the next list submitted by such 

4 official under subsection (a) after the date of 

5 the determination to reflect the resolution of 

6 the challenge. 

7 (e) RULES OF CONSTRUCTION.— 

8 (1) NO AUTHORIZATION OF PERFORMANCE OF

9 PERSONAL SERVICES.—Nothing in this section shall 

10 be construed to authorize the performance of per11 sonal services by a contractor except where expressly 

12 authorized by a provision of statute other than this 

13 section. 

14 (2) NO PUBLIC-PRIVATE COMPETITION FOR

15 CONVERSION OF PERFORMANCE OF CERTAIN FUNC16 TIONS.—No public-private competition may be re17 quired under this section, Office of Management and 

18 Budget Circular A–76, or any other provision of law 

19 or regulation before a function closely associated 

20 with inherently governmental functions is converted 

21 to performance by Federal employees. 

22 (f) DEFINITIONS.—In this section: 

23 (1) The term ‘‘Defense Agency’’ has the mean24 ing given that term in section 101(a) of title 10, 

25 United States Code. 


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1 (2) The term ‘‘function closely associated with 

2 inherently governmental functions’’ has the meaning 

3 given that term in section 2383(b)(3) of title 10, 

4 United States Code. 

5 (3) The term ‘‘inherently governmental func6 tions’’ has the meaning given that term in section 

7 2383(b)(2) of title 10, United States Code. 

8 (4) The term ‘‘personal services contract’’ 

9 means a contract under which, as a result of its 

10 terms or conditions or the manner of its administra11 tion during performance, contractor personnel are 

12 subject to the relatively continuous supervision and 

13 control of one or more Government officers or em14 ployees, except that the giving of an order for a spe15 cific article or service, with the right to reject the 

16 finished product or result, is not the type of super17 vision or control that makes a contract a personal 

18 services contract. 

19 SEC. 846. INTERNAL CONTROLS FOR PROCUREMENTS ON 

20 BEHALF OF THE DEPARTMENT OF DEFENSE 

21 BY CERTAIN NON-DEFENSE AGENCIES. 

22 (a) LIMITATION ON PROCUREMENTS ON BEHALF OF

23 DEPARTMENT OF DEFENSE.—Except as provided in sub24 section (b), no official of the Department of Defense may 

25 place an order, make a purchase, or otherwise procure 


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1 property or services for the Department of Defense in an 

2 amount in excess of $100,000 through a non-defense 

3 agency in any fiscal year if— 

4 (1) the head of the non-defense agency has not 

5 certified that the non-defense agency will comply 

6 with defense procurement requirements during that 

7 fiscal year; 

8 (2) in the case of a covered non-defense agency 

9 that has been determined under this section to be 

10 not compliant with defense procurement require11 ments, such determination has not been terminated 

12 in accordance with subsection (c); or 

13 (3) in the case of a covered non-defense agency 

14 for which a memorandum of understanding is re15 quired by subsection (e)(4), the Inspector General of 

16 the Department of Defense and the Inspector Gen17 eral of the non-defense agency have not yet entered 

18 into such a memorandum of understanding. 

19 (b) EXCEPTION FOR PROCUREMENTS OF NECESSARY

20 PROPERTY AND SERVICES.— 

21 (1) IN GENERAL.—The limitation in subsection 

22 (a) shall not apply to the procurement of property 

23 and services on behalf of the Department of Defense 

24 by a non-defense agency during any fiscal year for 

25 which there is in effect a written determination of 


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1 the Under Secretary of Defense for Acquisition, 

2 Technology, and Logistics that it is necessary in the 

3 interest of the Department of Defense to procure 

4 property and services through the non-defense agen5 cy during such fiscal year. 

6 (2) SCOPE OF PARTICULAR EXCEPTION.—A 

7 written determination with respect to a non-defense 

8 agency under paragraph (1) shall apply to any cat9 egory of procurements through the non-defense 

10 agency that is specified in the determination. 

11 (c) TERMINATION OF APPLICABILITY OF CERTAIN

12 LIMITATION.—In the event the limitation under sub13 section (a)(2) applies to a covered non-defense agency, the 

14 limitation shall cease to apply to the non-defense agency 

15 on the date on which the Inspector General of the Depart16 ment of Defense and the Inspector General of the non17 defense agency jointly— 

18 (1) determine that the non-defense agency is 

19 compliant with defense procurement requirements; 

20 and 

21 (2) notify the Secretary of Defense of that de22 termination. 

23 (d) COMPLIANCE WITH DEFENSE PROCUREMENT

24 REQUIREMENTS.—For the purposes of this section, a non25 defense agency is compliant with defense procurement reVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 quirements if the procurement policies, procedures, and 

2 internal controls of the non-defense agency applicable to 

3 the procurement of products and services on behalf of the 

4 Department of Defense, and the manner in which they are 

5 administered, are adequate to ensure the compliance of 

6 the non-defense agency with the requirements of laws and 

7 regulations (including applicable Department of Defense 

8 financial management regulations) that apply to procure9 ments of property and services made directly by the De10 partment of Defense. 

11 (e) INSPECTORS GENERAL REVIEWS AND DETER12 MINATIONS.— 

13 (1) IN GENERAL.—For each covered non-de14 fense agency, the Inspector General of the Depart15 ment of Defense and the Inspector General of such 

16 non-defense agency shall, not later than the date 

17 specified in paragraph (2), jointly— 

18 (A) review— 

19 (i) the procurement policies, proce20 dures, and internal controls of such non21 defense agency that are applicable to the 

22 procurement of property and services on 

23 behalf of the Department by such non-de24 fense agency; and 


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1 (ii) the administration of such poli2 cies, procedures, and internal controls; and 

3 (B) determine in writing whether such 

4 non-defense agency is or is not compliant with 

5 defense procurement requirements. 

6 (2) DEADLINE FOR REVIEWS AND DETERMINA7 TIONS.—The reviews and determinations required by 

8 paragraph (1) shall take place as follows: 

9 (A) In the case of the General Services Ad10 ministration, by not later than March 15, 2010. 

11 (B) In the case of each of the Department 

12 of the Treasury, the Department of the Inte13 rior, and the National Aeronautics and Space 

14 Administration, by not later than March 15, 

15 2011. 

16 (C) In the case of each of the Department 

17 of Veterans Affairs and the National Institutes 

18 of Health, by not later than March 15, 2012. 

19 (3) SEPARATE REVIEWS AND DETERMINA20 TIONS.—The Inspector General of the Department 

21 of Defense and the Inspector General of a covered 

22 non-defense agency may by joint agreement conduct 

23 separate reviews of the procurement of property and 

24 services on behalf of the Department of Defense that 

25 are conducted by separate business units, or under 


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1 separate governmentwide acquisition contracts, of 

2 the non-defense agency. If such separate reviews are 

3 conducted, the Inspectors General shall make a sep4 arate determination under paragraph (1)(B) with re5 spect to each such separate review. 

6 (4) MEMORANDA OF UNDERSTANDING FOR RE7 VIEWS AND DETERMINATIONS.—Not later than one 

8 year before a review and determination is required 

9 under this subsection with respect to a covered non10 defense agency, the Inspector General of the Depart11 ment of Defense and the Inspector General of the 

12 covered non-defense agency shall enter into a memo13 randum of understanding with each other to carry 

14 out such review and determination. 

15 (f) TREATMENT OF PROCUREMENTS FOR FISCAL

16 YEAR PURPOSES.—For the purposes of this section, a 

17 procurement shall be treated as being made during a par18 ticular fiscal year to the extent that funds are obligated 

19 by the Department of Defense for the procurement in that 

20 fiscal year. 

21 (g) RESOLUTION OF DISAGREEMENTS.—If the In22 spector General of the Department of Defense and the In23 spector General of a covered non-defense agency are un24 able to agree on a joint determination under subsection 

25 (c) or (e), a determination by the Inspector General of 


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1 the Department of Defense under such subsection shall 

2 be conclusive for the purposes of this section. 

3 (h) DEFINITIONS.—In this section: 

4 (1) The term ‘‘covered non-defense agency’’ 

5 means each of the following: 

6 (A) The General Services Administration. 

7 (B) The Department of the Treasury. 

8 (C) The Department of the Interior. 

9 (D) The National Aeronautics and Space 

10 Administration. 

11 (E) The Department of Veterans Affairs. 

12 (F) The National Institutes of Health. 

13 (2) The term ‘‘governmentwide acquisition con14 tract’’, with respect to a covered non-defense agency, 

15 means a task or delivery order contract that— 

16 (A) is entered into by the non-defense 

17 agency; and 

18 (B) may be used as the contract under 

19 which property or services are procured for one 

20 or more other departments or agencies of the 

21 Federal Government. 


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1 Subtitle D—Department of Defense 

2 Contractor Matters 

3 SEC. 861. PROTECTION FOR CONTRACTOR EMPLOYEES 

4 FROM REPRISAL FOR DISCLOSURE OF CER5 TAIN INFORMATION. 

6 (a) INCREASED PROTECTION FROM REPRISAL.— 

7 Subsection (a) of section 2409 of title 10, United States 

8 Code, is amended— 

9 (1) by striking ‘‘disclosing to a Member of Con10 gress or an authorized official of an agency or the 

11 Department of Justice’’ and inserting ‘‘disclosing to 

12 a Member of Congress, a representative of a com13 mittee of Congress, an Inspector General, the Gov14 ernment Accountability Office, a Department of De15 fense employee responsible for contract oversight or 

16 management, or an authorized official of an agency 

17 or the Department of Justice, including in the case 

18 of a disclosure made in the ordinary course of an 

19 employee’s duties,’’; and 

20 (2) by striking ‘‘information relating to a sub21 stantial violation of law related to a contract’’ and 

22 inserting ‘‘information that the employee reasonably 

23 believes is evidence of gross mismanagement of a 

24 Department of Defense contract, a gross waste of 

25 Department of Defense funds, a substantial and speVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 cific danger to public health or safety, or a violation 

2 of law related to a Department of Defense con3 tract’’. 

4 (b) ACCELERATION OF SCHEDULE FOR DENYING RE5 LIEF OR PROVIDING REMEDY.—Subsection (c) of such 

6 section is amended— 

7 (1) in paragraph (1)— 

8 (A) by inserting after ‘‘(1)’’ the following: 

9 ‘‘Not later than 90 days after receiving an In10 spector General report pursuant to subsection 

11 (b), the head of the agency concerned shall de12 termine whether the contractor concerned has 

13 subjected the complainant to a reprisal prohib14 ited under subsection (a).’’; and 

15 (B) by adding at the end the following new 

16 subparagraphs: 

17 ‘‘(D) In the event the disclosure relates to a 

18 cost-plus contract, prohibit the contractor from re19 ceiving one or more award fee payments to which 

20 the contractor would otherwise be eligible until such 

21 time as the contractor takes the actions ordered by 

22 the head of the agency pursuant to subparagraphs 

23 (A) through (C). 


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1 ‘‘(E) Take the reprisal into consideration in any 

2 past performance evaluation of the contractor for 

3 the purpose of a contract award.’’; 

4 (2) by redesignating paragraph (3) as para5 graph (4); and 

6 (3) by inserting after paragraph (2) the fol7 lowing new paragraph: 

8 ‘‘(3)(A) In the case of a disclosure that relates to a 

9 contract covered under subsection (f), not later than 90 

10 days after receipt of a written determination under para11 graph (1), a complainant who is aggrieved by the deter12 mination or by an action that the agency head has taken 

13 or failed to take pursuant to such determination may 

14 bring an action at law or equity for de novo review to seek 

15 compensatory damages and other relief available under 

16 this section in the appropriate district court of the United 

17 States, which shall have jurisdiction over such an action 

18 without regard to the amount in controversy. Such an ac19 tion shall, at the request of either party to the action, be 

20 tried by the court with a jury. 

21 ‘‘(B) In the event that a determination by an agency 

22 head pursuant to paragraph (1) has not been made within 

23 15 months after a complaint is submitted under sub24 section (b), and such delay is not shown to be due to the 

25 bad faith of the complainant, the complainant shall be 


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1 deemed to have exhausted the complainant’s administra2 tive remedies with respect to the complaint and may bring 

3 an action at law or equity described under subparagraph 

4 (A).’’. 

5 (c) LEGAL BURDEN OF PROOF.—Such section is fur6 ther amended— 

7 (1) by redesignating subsection (e) as sub8 section (g); and 

9 (2) by inserting after subsection (d) the fol10 lowing new subsection: 

11 ‘‘(e) LEGAL BURDEN OF PROOF.—The legal burdens 

12 of proof specified in section 1221(e) of title 5 shall be con13 trolling for the purposes of any investigation conducted 

14 by an inspector general, decision by the head of an agency, 

15 or hearing to determine whether discrimination prohibited 

16 under this section has occurred.’’. 

17 (d) REQUIREMENT TO NOTIFY EMPLOYEES OF

18 RIGHTS RELATED TO PROTECTION FROM REPRISAL.— 

19 Such section, as amended by subsection (c), is further 

20 amended by inserting after subsection (e) the following 

21 new subsection: 

22 ‘‘(f) NOTICE OF RIGHTS RELATED TO PROTECTION

23 FROM REPRISAL.— 

24 ‘‘(1) IN GENERAL.—Each Department of De25 fense contract in excess of $5,000,000, other than a 


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1 contract for the purchase of commercial items, shall 

2 include a clause requiring the contractor to ensure 

3 that all employees of the contractor who are working 

4 on Department of Defense contracts are notified 

5 of— 

6 ‘‘(A) their rights under this section; 

7 ‘‘(B) the fact that the restrictions imposed 

8 by any employee contract, employee agreement, 

9 or non-disclosure agreement may not supersede, 

10 conflict with, or otherwise alter the employee 

11 rights provided for under this section; and 

12 ‘‘(C) the telephone number for the whistle13 blower hotline of the Inspector General of the 

14 Department of Defense. 

15 ‘‘(2) FORM OF NOTICE.—The notice required by 

16 paragraph (1) shall be made by posting the required 

17 information at a prominent place in each workplace 

18 where employees working on the contract regularly 

19 work.’’. 

20 SEC. 862. REQUIREMENTS FOR DEFENSE CONTRACTORS 

21 RELATING TO CERTAIN FORMER DEPART22 MENT OF DEFENSE OFFICIALS. 

23 (a) REQUIREMENTS.— 

24 (1) IN GENERAL.—Chapter 141 of title 10, 

25 United States Code, as amended by section 826 of 


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1 this Act, is further amended by adding at the end 

2 the following new section: 

3 ‘‘§ 2410r. Defense contractors: requirements con4 cerning former Department of Defense of5 ficials 

6 ‘‘(a) IN GENERAL.—Each contract for the procure7 ment of goods or services in excess of $10,000,000, other 

8 than a contract for the procurement of commercial items, 

9 that is entered into by the Department of Defense shall 

10 include a provision under which the contractor agrees to 

11 submit to the Secretary of Defense, not later than April 

12 1 of each year such contract is in effect, a written report 

13 setting forth the information required by subsection (b). 

14 ‘‘(b) REPORT INFORMATION.—Except as provided in 

15 subsection (c), a report by a contractor under subsection 

16 (a) shall— 

17 ‘‘(1) list the name of each person who— 

18 ‘‘(A) is a former officer or employee of the 

19 Department of Defense or a former or retired 

20 member of the armed forces who served— 

21 ‘‘(i) in an Executive Schedule position 

22 under subchapter II of chapter 53 of title 

23 5; 


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1 ‘‘(ii) in a position in the Senior Exec2 utive Service under subchapter VIII of 

3 chapter 53 of title 5; 

4 ‘‘(iii) in a general or flag officer posi5 tion compensated at a rate of pay for 

6 grade 0–7 or above under section 201 of 

7 title 37; or 

8 ‘‘(iv) as a program manager, deputy 

9 program manager, procuring contracting 

10 officer, administrative contracting officer, 

11 source selection authority, member of the 

12 source selection evaluation board, or chief 

13 of a financial or technical evaluation team 

14 for a contract with a value in excess of 

15 $10,000,000; and 

16 ‘‘(B) during the preceding calendar year 

17 was provided compensation by the contractor, if 

18 such compensation was first provided by the 

19 contractor not more than two years after such 

20 officer, employee, or member left service in the 

21 Department of Defense; and 

22 ‘‘(2) in the case of each person listed under 

23 paragraph (1)— 

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1 ing the last two years of such person’s service 

2 with the Department of Defense; 

3 ‘‘(B) state such person’s job title and iden4 tify each major defense system, if any, on which 

5 such person performed any work with the De6 partment of Defense during the last two years 

7 of such person’s service with the Department; 

8 and 

9 ‘‘(C) state such person’s current job title 

10 with the contractor and identify each major de11 fense system on which such person has per12 formed any work on behalf of the contractor. 

13 ‘‘(c) DUPLICATE INFORMATION NOT REQUIRED.— 

14 An annual report submitted by a contractor pursuant to 

15 subsection (b) need not provide information with respect 

16 to any former officer or employee of the Department of 

17 Defense or former or retired member of the armed forces 

18 if such information has already been provided in a pre19 vious annual report filed by such contractor under this 

20 section.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of chapter 141 of such title, 

23 as so amended, is further amended by adding at the 

24 end the following new item: 

‘‘2410r. Defense contractors: requirements concerning former Department of 

Defense officials.’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect on the date of the enact3 ment of this Act, and shall apply with respect to contracts 

4 entered into on or after that date. 

5 SEC. 863. REPORT ON CONTRACTOR ETHICS PROGRAMS OF 

6 MAJOR DEFENSE CONTRACTORS. 

7 (a) REPORT REQUIRED.—Not later than one year 

8 after the date of the enactment of this Act, the Comp9 troller General of the United States shall submit to the 

10 Committees on Armed Services of the Senate and the 

11 House of Representatives a report on the internal ethics 

12 programs of major defense contractors. 

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

14 (a) shall address, at a minimum— 

15 (1) the extent to which major defense contrac16 tors have internal ethics programs in place; 

17 (2) the extent to which the ethics programs de18 scribed in paragraph (1) include— 

19 (A) the availability of internal mechanisms, 

20 such as hotlines, for contractor employees to re21 port conduct that may violate applicable re22 quirements of law or regulation; 

23 (B) notification to contractor employees of 

24 the availability of external mechanisms, such as 

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1 partment of Defense, for the reporting of con2 duct that may violate applicable requirements of 

3 law or regulation; 

4 (C) notification to contractor employees of 

5 their right to be free from reprisal for dis6 closing a substantial violation of law related to 

7 a contract, in accordance with section 2409 of 

8 title 10, United States Code; 

9 (D) ethics training programs for con10 tractor officers and employees; 

11 (E) internal audit or review programs to 

12 identify and address conduct that may violate 

13 applicable requirements of law or regulation; 

14 (F) self-reporting requirements, under 

15 which contractors report conduct that may vio16 late applicable requirements of law or regula17 tion to appropriate government officials; 

18 (G) disciplinary action for contractor em19 ployees whose conduct is determined to have 

20 violated applicable requirements of law or regu21 lation; and 

22 (H) appropriate management oversight to 

23 ensure the successful implementation of such 

24 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 received more than $500,000,000 in 

17 contract awards from the Department of Defense during 

18 fiscal year 2006. 

19 SEC. 864. REPORT ON DEPARTMENT OF DEFENSE CON20 TRACTING WITH CONTRACTORS OR SUB21 CONTRACTORS EMPLOYING MEMBERS OF 

22 THE SELECTED RESERVE. 

23 (a) STUDY REQUIRED.—The Secretary of Defense 

24 shall conduct a study on contracting with the Department 

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1 contractors of the Department who employ members of 

2 the Selected Reserve of the reserve components of the 

3 Armed Forces. 

4 (b) ELEMENTS.—The study required by subsection 

5 (a) shall address the following: 

6 (1) The extent to which actual and potential 

7 contractors and subcontractors of the Department, 

8 including small businesses, employ members of the 

9 Selected Reserve. 

10 (2) The extent to which actual and potential 

11 contractors and subcontractors of the Department 

12 have been or are likely to be disadvantaged in the 

13 performance of contracts with the Department, or in 

14 competition for new contracts with the Department, 

15 when employees who are such members are mobi16 lized as part of a United States military operation 

17 overseas. 

18 (3) Any actions that, in the view of the Sec19 retary, should be taken to address any such dis20 advantage, including— 

21 (A) the extension of additional time for the 

22 performance of contracts to contractors and 

23 subcontractors of the Department who employ 

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1 lized as part of a United States military oper2 ation overseas; and 

3 (B) the provision of assistance in forming 

4 contracting relationships with other entities to 

5 ameliorate the temporary loss of qualified per6 sonnel. 

7 (c) REPORT.—Not later than one year after the date 

8 of the enactment of this Act, the Secretary shall submit 

9 to Congress a report on the study required by this section. 

10 The report shall set forth the findings and recommenda11 tions of the Secretary as a result of the study. 

12 (d) REPEAL OF SUPERSEDED AUTHORITY.—Section 

13 819 of the National Defense Authorization Act for Fiscal 

14 Year 2006 (Public Law 109–163; 119 Stat. 3385; 10 

15 U.S.C. 2305 note) is repealed. 

16 Subtitle E—Other Matters 

17 SEC. 871. CONTRACTORS PERFORMING PRIVATE SECURITY 

18 FUNCTIONS IN AREAS OF COMBAT OPER19 ATIONS. 

20 (a) REGULATIONS ON CONTRACTORS PERFORMING

21 PRIVATE SECURITY FUNCTIONS.— 

22 (1) IN GENERAL.—Not later than 120 days 

23 after the date of the enactment of this Act, the Sec24 retary of Defense shall prescribe regulations on the 

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1 sonnel performing private security functions under a 

2 covered contract or covered subcontract in an area 

3 of combat operations. 

4 (2) ELEMENTS.—The regulations prescribed 

5 under subsection (a) shall, at a minimum, estab6 lish— 

7 (A) a process for registering, processing, 

8 and accounting for personnel performing pri9 vate security functions in an area of combat op10 erations; 

11 (B) a process for authorizing and account12 ing for weapons to be carried by, or available to 

13 be used by, personnel performing private secu14 rity functions in an area of combat operations; 

15 (C) a process for the reporting of all inci16 dents in which— 

17 (i) a weapon is discharged by per18 sonnel performing private security func19 tions in an area of combat operations; or 

20 (ii) personnel performing private secu21 rity functions in an area of combat oper22 ations are killed or injured; 

23 (D) a process for investigating— 

24 (i) incidents reported pursuant to sub25 paragraph (C); and 


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1 (ii) incidents of alleged misconduct by 

2 personnel performing private security func3 tions in an area of combat operations; 

4 (E) qualification, training, screening, and 

5 security requirements for personnel performing 

6 private security functions in an area of combat 

7 operations; 

8 (F) guidance to the commanders of the 

9 combatant commands on the issuance of— 

10 (i) orders, directives, and instructions 

11 to contractors and subcontractors per12 forming private security functions relating 

13 to force protection, security, health, safety, 

14 or relations and interaction with locals; 

15 and 

16 (ii) rules of engagement for personnel 

17 performing private security functions in an 

18 area of combat operations; and 

19 (G) a process by which a commander of a 

20 combatant command may request an action de21 scribed in subsection (b)(3). 

22 (b) CONTRACT CLAUSE ON CONTRACTORS PER23 FORMING PRIVATE SECURITY FUNCTIONS.— 

24 (1) REQUIREMENT UNDER FAR.—Not later 

25 than 180 days after the date of the enactment of 


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1 this Act, the Federal Acquisition Regulation issued 

2 in accordance with section 25 of the Office of Fed3 eral Procurement Policy Act (41 U.S.C. 421) shall 

4 be revised to require the insertion into each covered 

5 contract and covered subcontract of a contract 

6 clause addressing the selection, training, equipping, 

7 and conduct of personnel performing private security 

8 functions under such contract or subcontract. 

9 (2) CLAUSE REQUIREMENT.—The contract 

10 clause required by paragraph (1) shall require, at a 

11 minimum, that the contractor or subcontractor con12 cerned shall— 

13 (A) comply with Department of Defense 

14 procedures for— 

15 (i) registering, processing, and ac16 counting for personnel performing private 

17 security functions in an area of combat op18 erations; 

19 (ii) authorizing and accounting of 

20 weapons to be carried by, or available to be 

21 used by, personnel performing private se22 curity functions in an area of combat oper23 ations; and 

24 (iii) the reporting of incidents in 

25 which— 


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1 (I) a weapon is discharged by 

2 personnel performing private security 

3 functions in an area of combat oper4 ations; or 

5 (II) personnel performing private 

6 security functions in an area of com7 bat operations are killed or injured; 

8 (B) ensure that all personnel performing 

9 private security functions under such contract 

10 or subcontract comply with— 

11 (i) qualification, training, screening, 

12 and security requirements established by 

13 the Secretary of Defense for personnel per14 forming private security functions in an 

15 area of combat operations; 

16 (ii) applicable laws and regulations of 

17 the United States and the host country, 

18 and applicable treaties and international 

19 agreements, regarding the performance of 

20 the functions of the contractor or subcon21 tractor; 

22 (iii) orders, directives, and instruc23 tions issued by the applicable commander 

24 of a combatant command relating to force 


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1 protection, security, health, safety, or rela2 tions and interaction with locals; and 

3 (iv) rules of engagement issued by the 

4 applicable commander of a combatant com5 mand for personnel performing private se6 curity functions in an area of combat oper7 ations; and 

8 (C) cooperate with any investigation con9 ducted by the Department of Defense pursuant 

10 to subsection (a)(2)(D) by providing access to 

11 employees of the contractor or subcontractor, as 

12 the case may be, and relevant information in 

13 the possession of the contractor or subcon14 tractor, as the case may be, regarding the inci15 dent concerned. 

16 (3) NONCOMPLIANCE OF PERSONNEL WITH

17 CLAUSE.—The contracting officer for a covered con18 tract or subcontract may direct the contractor or 

19 subcontractor, at its own expense, to remove or re20 place any personnel performing private security 

21 functions in an area of combat operations who vio22 late or fail to comply with applicable requirements of 

23 the clause required by this subsection. If the viola24 tion or failure to comply is significant or repeated, 


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1 the contract or subcontract may be terminated for 

2 default. 

3 (4) APPLICABILITY.—The contract clause re4 quired by this subsection shall be included in all cov5 ered contracts and covered subcontracts awarded on 

6 or after the date that is 180 days after the date of 

7 the enactment of this Act. Federal agencies shall 

8 make best efforts to provide for the inclusion of the 

9 contract clause required by this subsection in cov10 ered contracts and covered subcontracts awarded be11 fore such date. 

12 (c) AREAS OF COMBAT OPERATIONS.— 

13 (1) DESIGNATION.—The Secretary of Defense 

14 shall designate the areas constituting an area of 

15 combat operations for purposes of this section by not 

16 later than 120 days after the date of the enactment 

17 of this Act. 

18 (2) PARTICULAR AREAS.—Iraq and Afghanistan 

19 shall be included in the areas designated as an area 

20 of combat operations under paragraph (1). 

21 (3) ADDITIONAL AREAS.—The Secretary may 

22 designate any additional area as an area constituting 

23 an area of combat operations for purposes of this 

24 section if the Secretary determines that the presence 

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1 rants designation of such area as an area of combat 

2 operations for purposes of this section. 

3 (4) MODIFICATION OR ELIMINATION OF DES4 IGNATION.—The Secretary may modify or cease the 

5 designation of an area under this subsection as an 

6 area of combat operations if the Secretary deter7 mines that combat operations are no longer ongoing 

8 in such area. 

9 (d) DEFINITIONS.—In this section: 

10 (1) The term ‘‘covered contract’’ means a con11 tract of a Federal agency for the performance of 

12 services in an area of combat operations, as des13 ignated by the Secretary of Defense under sub14 section (c). 

15 (2) The term ‘‘covered subcontract’’ means a 

16 subcontract for the performance of private security 

17 functions at any tier under a covered contract. 

18 (3) The term ‘‘private security functions’’ 

19 means activities engaged in by a contractor or sub20 contractor under a covered contract or subcontract 

21 as follows: 

22 (A) Guarding of personnel, facilities, or 

23 property of a Federal agency, the contractor or 

24 subcontractor, or a third party. 


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1 (B) Any other activity for which personnel 

2 are required to carry weapons in the perform3 ance of their duties. 

4 SEC. 872. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS 

5 AND SERVICES PRODUCED IN IRAQ AND AF6 GHANISTAN. 

7 (a) IN GENERAL.—In the case of a product or service 

8 to be acquired in support of military operations or stability 

9 operations in Iraq or Afghanistan (including security, 

10 transition, reconstruction, and humanitarian relief activi11 ties) for which the Secretary of Defense makes a deter12 mination described in subsection (b), the Secretary may 

13 conduct a procurement in which— 

14 (1) competition is limited to products or serv15 ices that are from Iraq or Afghanistan; 

16 (2) procedures other than competitive proce17 dures are used to award a contract to a particular 

18 source or sources from Iraq or Afghanistan; or 

19 (3) a preference is provided for products or 

20 services that are from Iraq or Afghanistan. 

21 (b) DETERMINATION.—A determination described in 

22 this subsection is a determination by the Secretary that— 

23 (1) the product or service concerned is to be 

24 used only by the military forces, police, or other se25 curity personnel of Iraq or Afghanistan; or 


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1 (2) it is in the national security interest of the 

2 United States to limit competition, use procedures 

3 other than competitive procedures, or provide a pref4 erence as described in subsection (a) because— 

5 (A) such limitation, procedure, or pref6 erence is necessary to provide a stable source of 

7 jobs in Iraq or Afghanistan; and 

8 (B) such limitation, procedure, or pref9 erence will not adversely affect— 

10 (i) military operations or stability op11 erations in Iraq or Afghanistan; or 

12 (ii) the United States industrial base. 

13 (c) PRODUCTS, SERVICES, AND SOURCES FROM IRAQ

14 OR AFGHANISTAN.—For the purposes of this section: 

15 (1) A product is from Iraq or Afghanistan if it 

16 is mined, produced, or manufactured in Iraq or Af17 ghanistan. 

18 (2) A service is from Iraq or Afghanistan if it 

19 is performed in Iraq or Afghanistan by citizens or 

20 permanent resident aliens of Iraq or Afghanistan. 

21 (3) A source is from Iraq or Afghanistan if it— 

22 (A) is located in Iraq or Afghanistan; and 

23 (B) offers products or services that are 

24 from Iraq or Afghanistan. 


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1 SEC. 873. 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 and 

5 (G) the information officers of the Defense 

6 Agencies. 

7 (3) The application of such policies and proce8 dures to information technologies that are an inte9 gral part of weapons or weapon systems. 

10 (4) The requirements of the Clinger-Cohen Act 

11 (division E of Public Law 104–106) and the Paper12 work Reduction Act of 1995 regarding performance13 based and results-based management, capital plan14 ning, and investment control in the acquisition of in15 formation technology. 

16 (5) Department of Defense policies and proce17 dures for maximizing the usage of commercial infor18 mation technology while ensuring the security of the 

19 microelectronics, software, and networks of the De20 partment. 

21 (6) The suitability of Department of Defense 

22 acquisition regulations, including Department of De23 fense Directive 5000.1 and the accompanying mile24 stones, to the acquisition of information technology 

25 systems. 


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1 (7) The adequacy and transparency of perform2 ance metrics currently used by the Department of 

3 Defense for the acquisition of information tech4 nology systems. 

5 (8) The effectiveness of existing statutory and 

6 regulatory reporting requirements for the acquisition 

7 of information technology systems. 

8 (c) REPORT REQUIRED.—Not later than one year 

9 after the date of enactment of this Act, the Secretary shall 

10 submit to the congressional defense committees a report 

11 on the results of the review required by subsection (a). 

12 The report shall include the findings and recommenda13 tions of the Defense Science Board pursuant to the review, 

14 including such recommendations for legislative or adminis15 trative action as the Board considers appropriate, together 

16 with any comments the Secretary considers appropriate. 

17 SEC. 874. ENHANCEMENT AND EXTENSION OF ACQUISITION 

18 AUTHORITY FOR THE UNIFIED COMBATANT 

19 COMMAND FOR JOINT WARFIGHTING EX20 PERIMENTATION. 

21 (a) SUSTAINMENT OF EQUIPMENT.— 

22 (1) IN GENERAL.—Subsection (a) of section 

23 167a of title 10, United States Code, is amended by 

24 striking ‘‘and acquire’’ and inserting ‘‘, acquire, and 

25 sustain’’. 


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1 (2) CONFORMING AMENDMENT.—Subsection (d) 

2 of such section is amended in the matter preceding 

3 paragraph (1) by striking ‘‘or acquisition’’ and in4 serting ‘‘, acquisition, or sustainment’’. 

5 (b) TWO-YEAR EXTENSION.—Subsection (f) of such 

6 section is amended— 

7 (1) by striking ‘‘through 2008’’ and inserting 

8 ‘‘through 2010’’; and 

9 (2) by striking ‘‘September 30, 2008’’ and in10 serting ‘‘September 30, 2010’’. 

11 SEC. 875. REPEAL OF REQUIREMENT FOR IDENTIFICATION 

12 OF ESSENTIAL MILITARY ITEMS AND MILI13 TARY SYSTEM ESSENTIAL ITEM BREAKOUT 

14 LIST. 

15 Section 813 of the National Defense Authorization 

16 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

17 1543) is repealed. 


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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND 

3 MANAGEMENT 

4 Subtitle A—Department of Defense 

5 Management 

6 SEC. 901. REPEAL OF LIMITATION ON MAJOR DEPARTMENT 

7 OF DEFENSE HEADQUARTERS ACTIVITIES 

8 PERSONNEL. 

9 (a) REPEAL.—Section 130a of title 10, United States 

10 Code, is repealed. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of chapter 3 of such title is amended by 

13 striking the item relating to section 130a. 

14 SEC. 902. CHIEF MANAGEMENT OFFICERS OF THE DEPART15 MENT OF DEFENSE. 

16 (a) SERVICE OF DEPUTY SECRETARY OF DEFENSE

17 AS CHIEF MANAGEMENT OFFICER OF DEPARTMENT OF

18 DEFENSE.—Section 132 of title 10, United States Code, 

19 is amended— 

20 (1) by redesignating subsection (c) as sub21 section (d); and 

22 (2) by inserting after subsection (b) the fol23 lowing new subsection (c): 

24 ‘‘(c)(1) The Deputy Secretary— 


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1 ‘‘(A) serves as the Chief Management Officer of 

2 the Department of Defense; and 

3 ‘‘(B) is the principal adviser to the Secretary of 

4 Defense on matters relating to the management of 

5 the Department of Defense, including the develop6 ment, approval, implementation, integration, and 

7 oversight of policies, procedures, processes, and sys8 tems for the management of the Department of De9 fense that relate to the performance of the following 

10 functions: 

11 ‘‘(i) Planning and budgeting, including 

12 performance measurement. 

13 ‘‘(ii) Acquisition. 

14 ‘‘(iii) Logistics. 

15 ‘‘(iv) Facilities, installations, and environ16 ment. 

17 ‘‘(v) Financial management. 

18 ‘‘(vi) Human resources and personnel. 

19 ‘‘(vii) Management of information re20 sources, including information technology, net21 works, and telecommunications functions. 

22 ‘‘(2) In carrying out the duties of Chief Management 

23 Officer of the Department of Defense, the Deputy Sec24 retary shall— 


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1 ‘‘(A) develop and maintain a departmentwide 

2 strategic plan for business reform identifying key 

3 initiatives to be undertaken by the Department of 

4 Defense and its components, together with related 

5 resource needs; 

6 ‘‘(B) establish performance goals and measures 

7 for improving and evaluating the overall economy, 

8 efficiency, and effectiveness of the business oper9 ations of the Department of Defense; 

10 ‘‘(C) monitor the progress of the Department of 

11 Defense and its components in meeting performance 

12 goals and measures established pursuant to subpara13 graph (B); 

14 ‘‘(D) review and approve plans and budgets for 

15 business reform, including any proposed changes to 

16 policies, procedures, processes, and systems, to en17 sure the compatibility of such plans and budgets 

18 with the strategic plan for business reform estab19 lished pursuant to subparagraph (A); 

20 ‘‘(E) oversee the development of, and review 

21 and approve, all budget requests for defense busi22 ness systems, including the information to be sub23 mitted to Congress under section 2222(h) of this 

24 title; and 


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1 ‘‘(F) subject to the authority, direction, and 

2 control of the Secretary of Defense, perform the re3 sponsibilities of the Secretary under section 2222 of 

4 this title. 

5 ‘‘(3) The Deputy Secretary exercises the authority of 

6 the Secretary of Defense in the performance of the duties 

7 of Chief Management Officer of the Department of De8 fense under this subsection subject to the authority, direc9 tion, and control of the Secretary. The exercise of that 

10 authority is binding on the Secretaries of the military de11 partments and the heads of the other elements and compo12 nents of the Department of Defense.’’. 

13 (b) DEPUTY CHIEF MANAGEMENT OFFICER.— 

14 (1) IN GENERAL.—Chapter 4 of such title is 

15 amended by inserting after section 133b the fol16 lowing new section: 

17 ‘‘§ 133c. Under Secretary of Defense for Management 

18 (Deputy Chief Management Officer) 

19 ‘‘(a) There is an Under Secretary of Defense for 

20 Management (Deputy Chief Management Officer), ap21 pointed from civilian life by the President, by and with 

22 the advice and consent of the Senate, from among persons 

23 who have— 


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1 ‘‘(1) extensive executive level leadership and 

2 management experience in the public or private sec3 tor; 

4 ‘‘(2) strong leadership skills; 

5 ‘‘(3) a demonstrated ability to manage large 

6 and complex organizations; and 

7 ‘‘(4) a record of achieving positive operational 

8 results. 

9 ‘‘(b) The Under Secretary of Defense for Manage10 ment (Deputy Chief Management Officer) shall assist the 

11 Deputy Secretary of Defense in the performance of his 

12 duties as Chief Management Officer. The Under Secretary 

13 of Defense for Management (Deputy Chief Management 

14 Officer) shall act for, and exercise the powers of, the Chief 

15 Management Officer when the Deputy Secretary is absent 

16 or disabled or there is no Deputy Secretary. 

17 ‘‘(c)(1) With respect to all matters for which he has 

18 responsibility by law or by direction of the Secretary of 

19 Defense, the Under Secretary of Defense for Management 

20 (Deputy Chief Management Officer) takes precedence in 

21 the Department of Defense after the Secretary of Defense 

22 and the Deputy Secretary of Defense. 

23 ‘‘(2) With respect to all matters other than matters 

24 for which he has responsibility by law or by direction of 

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1 edence in the Department of Defense after the Secretaries 

2 of the military departments and the Under Secretary of 

3 Defense for Acquisition, Technology, and Logistics.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of such chapter is amended 

6 by inserting after the item relating to section 133b 

7 the following new item: 

‘‘133c. Under Secretary of Defense for Management (Deputy Chief Management 

Officer).’’. 

8 (3) EXECUTIVE SCHEDULE LEVEL III.—Section 

9 5314 of title 5, United States Code, is amended by 

10 inserting after the item relating to the Under Sec11 retary of Defense for Intelligence the following new 

12 item: 

13 ‘‘Under Secretary of Defense for Management 

14 (Deputy Chief Management Officer).’’. 

15 (4) PLACEMENT IN OSD.—Section 131(b)(2) of 

16 title 10, United States Code, is amended— 

17 (A) by redesignating subparagraphs (B) 

18 through (E) as subparagraphs (C) through (F), 

19 respectively; and 

20 (B) by inserting after subparagraph (A) 

21 the following new subparagraph (B): 

22 ‘‘(B) The Under Secretary of Defense for 

23 Management (Deputy Chief Management Offi24 cer).’’. 


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1 (5) CONFORMING AMENDMENT.—Section 

2 134(c) of such title is amended by striking ‘‘the Sec3 retary of Defense’’ and all that follows and inserting 

4 ‘‘the Under Secretary of Defense for Management 

5 (Deputy Chief Management Officer).’’. 

6 (c) CHIEF MANAGEMENT OFFICERS OF THE MILI7 TARY DEPARTMENTS.— 

8 (1) DEPARTMENT OF THE ARMY.—Section 

9 3015 of title 10, United States Code, is amended by 

10 adding at the end the following new subsection: 

11 ‘‘(c)(1) The Under Secretary serves as the Chief 

12 Management Officer of the Department of the Army. 

13 ‘‘(2) The Under Secretary is the principal adviser to 

14 the Secretary of the Army on matters relating to the man15 agement of the Department of the Army, including the 

16 development, approval, implementation, integration, and 

17 oversight of policies, procedures, processes, and systems 

18 for the management of the Department of the Army that 

19 relate to the performance of the following functions: 

20 ‘‘(A) Planning and budgeting, including per21 formance measurement. 

22 ‘‘(B) Acquisition. 

23 ‘‘(C) Logistics. 

24 ‘‘(D) Facilities, installations, and environment. 

25 ‘‘(E) Financial management. 


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1 ‘‘(F) Human resources and personnel. 

2 ‘‘(G) Management of information resources, in3 cluding information technology, networks, and tele4 communications functions. 

5 ‘‘(3) Subject to the direction and oversight of the 

6 Chief Management Officer and Deputy Chief Management 

7 Officer of the Department of Defense, the Under Sec8 retary shall be responsible for— 

9 ‘‘(A) developing and maintaining a strategic 

10 plan for business reform that identifies key initia11 tives to be undertaken by the Department of the 

12 Army for business reform, together with related re13 source needs; 

14 ‘‘(B) establishing performance goals and meas15 ures for improving and evaluating the overall econ16 omy, efficiency, and effectiveness of the business op17 erations of the Department of the Army; 

18 ‘‘(C) monitoring the progress of the Depart19 ment of the Army and its components in meeting the 

20 performance goals and measures established pursu21 ant to subparagraph (B); 

22 ‘‘(D) reviewing and approving the plans and 

23 budgets of the Department of the Army for business 

24 reform, including any proposed changes to policies, 

25 procedures, processes, and systems, to ensure the 


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1 compatibility of such plans and budgets with the 

2 strategic plan for business reform established pursu3 ant to subparagraph (A); and 

4 ‘‘(E) overseeing the development of, and review5 ing and approving, all budget requests for defense 

6 business systems by the Department of the Army, 

7 including the information to be submitted to Con8 gress under section 2222(h) of this title.’’. 

9 (2) DEPARTMENT OF THE NAVY.—Section 5015 

10 of such title is amended by adding at the end the 

11 following new subsection: 

12 ‘‘(c)(1) The Under Secretary serves as the Chief 

13 Management Officer of the Department of the Navy. 

14 ‘‘(2) The Under Secretary is the principal adviser to 

15 the Secretary of the Navy on matters relating to the man16 agement of the Department of the Navy, including the de17 velopment, approval, implementation, integration, and 

18 oversight of policies, procedures, processes, and systems 

19 for the management of the Department of the Navy that 

20 relate to the performance of the following functions: 

21 ‘‘(A) Planning and budgeting, including per22 formance measurement. 

23 ‘‘(B) Acquisition. 

24 ‘‘(C) Logistics. 

25 ‘‘(D) Facilities, installations, and environment. 


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1 ‘‘(E) Financial management. 

2 ‘‘(F) Human resources and personnel. 

3 ‘‘(G) Management of information resources, in4 cluding information technology, networks, and tele5 communications functions. 

6 ‘‘(3) Subject to the direction and oversight of the 

7 Chief Management Officer and Deputy Chief Management 

8 Officer of the Department of Defense, the Under Sec9 retary shall be responsible for— 

10 ‘‘(A) developing and maintaining a strategic 

11 plan for business reform that identifies key initia12 tives to be undertaken by the Department of the 

13 Navy for business reform, together with related re14 source needs; 

15 ‘‘(B) establishing performance goals and meas16 ures for improving and evaluating the overall econ17 omy, efficiency, and effectiveness of the business op18 erations of the Department of the Navy; 

19 ‘‘(C) monitoring the progress of the Depart20 ment of the Navy and its components in meeting the 

21 performance goals and measures established pursu22 ant to subparagraph (B); 

23 ‘‘(D) reviewing and approving the plans and 

24 budgets of the Department of the Navy for business 

25 reform, including any proposed changes to policies, 


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1 procedures, processes, and systems, to ensure the 

2 compatibility of such plans and budgets with the 

3 strategic plan for business reform established pursu4 ant to subparagraph (A); and 

5 ‘‘(E) overseeing the development of, and review6 ing and approving, all budget requests for defense 

7 business systems by the Department of the Navy, in8 cluding the information to be submitted to Congress 

9 under section 2222(h) of this title.’’. 

10 (3) DEPARTMENT OF THE AIR FORCE.—Section 

11 8015 of such title is amended by adding at the end 

12 the following new subsection: 

13 ‘‘(c)(1) The Under Secretary serves as the Chief 

14 Management Officer of the Department of the Air Force. 

15 ‘‘(2) The Under Secretary is the principal adviser to 

16 the Secretary of the Air Force on matters relating to the 

17 management of the Department of the Air Force, includ18 ing the development, approval, implementation, integra19 tion, and oversight of policies, procedures, processes, and 

20 systems for the management of the Department of the Air 

21 Force that relate to the performance of the following func22 tions: 

23 ‘‘(A) Planning and budgeting, including per24 formance measurement. 

25 ‘‘(B) Acquisition. 


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1 ‘‘(C) Logistics. 

2 ‘‘(D) Facilities, installations, and environment. 

3 ‘‘(E) Financial management. 

4 ‘‘(F) Human resources and personnel. 

5 ‘‘(G) Management of information resources, in6 cluding information technology, networks, and tele7 communications functions. 

8 ‘‘(3) Subject to the direction and oversight of the 

9 Chief Management Officer and Deputy Chief Management 

10 Officer of the Department of Defense, the Under Sec11 retary shall be responsible for— 

12 ‘‘(A) developing and maintaining a strategic 

13 plan for business reform that identifies key initia14 tives to be undertaken by the Department of the Air 

15 Force for business reform, together with related re16 source needs; 

17 ‘‘(B) establishing performance goals and meas18 ures for improving and evaluating the overall econ19 omy, efficiency, and effectiveness of the business op20 erations of the Department of the Air Force; 

21 ‘‘(C) monitoring the progress of the Depart22 ment of the Air Force and its components in meet23 ing the performance goals and measures established 

24 pursuant to subparagraph (B); 


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1 ‘‘(D) reviewing and approving the plans and 

2 budgets of the Department of the Air Force for 

3 business reform, including any proposed changes to 

4 policies, procedures, processes, and systems, to en5 sure the compatibility of such plans and budgets 

6 with the strategic plan for business reform estab7 lished pursuant to subparagraph (A); and 

8 ‘‘(E) overseeing the development of, and review9 ing and approving, all budget requests for defense 

10 business systems by the Department of the Air 

11 Force, including the information to be submitted to 

12 Congress under section 2222(h) of this title.’’. 

13 (d) MATTERS RELATING TO FINANCIAL MANAGE14 MENT MODERNIZATION EXECUTIVE COMMITTEE.—Sec15 tion 185(a) of title 10, United States Code, is amended— 

16 (1) in paragraph (2)— 

17 (A) by redesignating subparagraphs (A) 

18 through (E) as subparagraphs (C) though (G), 

19 respectively; and 

20 (B) by inserting before subparagraph (C), 

21 as redesignated by subparagraph (A) of this 

22 paragraph, the following new subparagraphs: 

23 ‘‘(A) The Deputy Secretary of Defense, who 

24 shall be the chairman of the committee. 


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1 ‘‘(B) The Under Secretary of Defense for Man2 agement (Deputy Chief Management Officer), who 

3 shall act as the chairman of the committee in the 

4 absence of the Deputy Secretary of Defense.’’; and 

5 (C) in subparagraph (C), as so redesig6 nated, by striking ‘‘, who shall be the chairman 

7 of the committee’’; and 

8 (2) in paragraph (3), by inserting ‘‘the Under 

9 Secretary of Defense for Management (Deputy Chief 

10 Management Officer),’’ after ‘‘the Deputy Secretary 

11 of Defense,’’. 

12 (e) MATTERS RELATING TO DEFENSE BUSINESS

13 SYSTEM MANAGEMENT COMMITTEE.—Section 186 of 

14 such title is amended— 

15 (1) in subsection (a)— 

16 (A) by redesignating paragraphs (2) 

17 through (7) as paragraphs (3) through (8), re18 spectively; and 

19 (B) by inserting after paragraph (1) the 

20 following new paragraph (2): 

21 ‘‘(2) The Under Secretary of Defense for Man22 agement (Deputy Chief Management Officer).’’; and 

23 (2) in subsection (b), by striking the second 

24 sentence and inserting the following new sentence: 

25 ‘‘The Under Secretary of Defense for Management 


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1 (Deputy Chief Management Officer) shall serve as 

2 the vice chairman of the committee, and shall act as 

3 the chairman of the committee in the absence of the 

4 Deputy Secretary of Defense.’’. 

5 (f) MANAGEMENT OF DEFENSE BUSINESS TRANS6 FORMATION AGENCY.—Section 192(e)(2) of such title is 

7 amended by striking ‘‘that the Agency’’ and all that fol8 lows and inserting ‘‘that the Director of the Agency shall 

9 report directly to the Under Secretary of Defense for Man10 agement (Deputy Chief Management Officer).’’. 

11 SEC. 903. MODIFICATION OF BACKGROUND REQUIREMENT 

12 OF INDIVIDUALS APPOINTED AS UNDER SEC13 RETARY OF DEFENSE FOR ACQUISITION, 

14 TECHNOLOGY, AND LOGISTICS. 

15 Section 133(a) of title 10, United States Code, is 

16 amended by striking ‘‘in the private sector’’. 

17 SEC. 904. DEPARTMENT OF DEFENSE BOARD OF ACTU18 ARIES. 

19 (a) ESTABLISHMENT.— 

20 (1) IN GENERAL.—Chapter 7 of title 10, United 

21 States Code, is amended by inserting after section 

22 182 the following new section: 

23 ‘‘§ 183. Department of Defense Board of Actuaries 

24 ‘‘(a) IN GENERAL.—There shall be in the Depart25 ment of Defense a Department of Defense Board of ActuVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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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. 905. ASSISTANT SECRETARIES OF THE MILITARY DE5 PARTMENTS FOR ACQUISITION MATTERS; 

6 PRINCIPAL MILITARY DEPUTIES. 

7 (a) DEPARTMENT OF THE ARMY.—Section 3016(b) 

8 of title 10, United States Code, is amended by adding at 

9 the end the following new paragraph: 

10 ‘‘(5)(A) One of the Assistant Secretaries shall be the 

11 Assistant Secretary of the Army for Acquisition, Tech12 nology, and Logistics. The principal duty of the Assistant 

13 Secretary shall be the overall supervision of acquisition, 

14 technology, and logistics matters of the Department of the 

15 Army. 

16 ‘‘(B) The Assistant Secretary shall have a Principal 

17 Deputy, who shall be a lieutenant general of the Army 

18 on active duty. The Principal Deputy shall be appointed 

19 from among officers who have significant experience in the 

20 areas of acquisition and program management.’’. 

21 (b) DEPARTMENT OF THE NAVY.—Section 5016(b) 

22 of such title is amended by adding at the end the following 

23 new paragraph: 

24 ‘‘(4)(A) One of the Assistant Secretaries shall be the 

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1 ment, and Acquisition. The principal duty of the Assistant 

2 Secretary shall be the overall supervision of research, de3 velopment, and acquisition matters of the Department of 

4 the Navy. 

5 ‘‘(B) The Assistant Secretary shall have a Principal 

6 Deputy, who shall be a vice admiral of the Navy or a lieu7 tenant general of the Marine Corps on active duty. The 

8 Principal Deputy shall be appointed from among officers 

9 who have significant experience in the areas of acquisition 

10 and program management.’’. 

11 (c) DEPARTMENT OF THE AIR FORCE.—Section 

12 8016(b) of such title is amended by adding at the end 

13 the following new paragraph: 

14 ‘‘(4)(A) One of the Assistant Secretaries shall be the 

15 Assistant Secretary of the Air Force for Acquisition. The 

16 principal duty of the Assistant Secretary shall be the over17 all supervision of acquisition matters of the Department 

18 of the Air Force. 

19 ‘‘(B) The Assistant Secretary shall have a Principal 

20 Deputy, who shall be a lieutenant general of the Air Force 

21 on active duty. The Principal Deputy shall be appointed 

22 from among officers who have significant experience in the 

23 areas of acquisition and program management.’’. 

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1 TION PROGRAMS.—Each Principal Deputy to a service ac2 quisition executive shall be responsible for keeping the 

3 Chief of Staff of the Armed Force concerned informed of 

4 the progress of major defense acquisition programs. 

5 (e) EXCLUSION OF PRINCIPAL MILITARY DEPUTIES

6 FROM DISTRIBUTION AND STRENGTH IN GRADE LIMITA7 TIONS.— 

8 (1) DISTRIBUTION.—Section 525(b) of such 

9 title is amended by adding at the end the following 

10 new paragraph: 

11 ‘‘(9)(A) An officer while serving in a position speci12 fied in subparagraph (B) is in addition to the number that 

13 would otherwise be permitted for that officer’s armed force 

14 for the grade of lieutenant general or vice admiral, as ap15 plicable. 

16 ‘‘(B) A position specified in this subparagraph is each 

17 position as follows: 

18 ‘‘(i) Principal Deputy to the Assistant Secretary 

19 of the Army for Acquisition, Logistics, and Tech20 nology. 

21 ‘‘(ii) Principal Deputy to the Assistant Sec22 retary of the Navy for Research, Development, and 

23 Acquisition. 

24 ‘‘(iii) Principal Deputy to the Assistant Sec25 retary of the Air Force for Acquisition.’’. 


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1 (2) AUTHORIZED STRENGTH.—Section 526 of 

2 such title is amended by adding at the end the fol3 lowing new subsection: 

4 ‘‘(g) EXCLUSION OF PRINCIPAL DEPUTIES TO AS5 SISTANT SECRETARIES OF THE MILITARY DEPARTMENTS

6 FOR ACQUISITION MATTERS.—The limitations of this sec7 tion do not apply to a general or flag officer who is covered 

8 by the exclusion under section 525(b)(9) of this title.’’. 

9 SEC. 906. FLEXIBLE AUTHORITY FOR NUMBER OF ARMY 

10 DEPUTY CHIEFS OF STAFF AND ASSISTANT 

11 CHIEFS OF STAFF. 

12 Subsection (b) of section 3035 of title 10, United 

13 States Code, is amended to read as follows: 

14 ‘‘(b) The Secretary of the Army shall prescribe the 

15 number of Deputy Chiefs of Staff and Assistant Chiefs 

16 of Staff. The aggregate number of such positions may not 

17 exceed eight positions.’’. 

18 SEC. 907. SENSE OF CONGRESS ON TERM OF OFFICE OF 

19 THE DIRECTOR OF OPERATIONAL TEST AND 

20 EVALUATION. 

21 It is the sense of Congress that the term of office 

22 of the Director of Operational Test and Evaluation of the 

23 Department of Defense should be not less than five years. 


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1 Subtitle B—Space Matters 

2 SEC. 921. SPACE POSTURE REVIEW. 

3 (a) REQUIREMENT FOR COMPREHENSIVE REVIEW.— 

4 In order to clarify the national security space policy and 

5 strategy of the United States for the near term, the Sec6 retary of Defense and the Director of National Intelligence 

7 shall jointly conduct a comprehensive review of the space 

8 posture of the United States over the posture review pe9 riod. 

10 (b) ELEMENTS OF REVIEW.—The review conducted 

11 under subsection (a) shall include, for the posture review 

12 period, the following: 

13 (1) The definition, policy, requirements, and ob14 jectives for each of the following: 

15 (A) Space situational awareness. 

16 (B) Space control. 

17 (C) Space superiority, including defensive 

18 and offensive counterspace. 

19 (D) Force enhancement and force applica20 tion. 

21 (E) Space-based intelligence and surveil22 lance and reconnaissance from space. 

23 (F) Any other matter the Secretary con24 siders relevant to understanding the space pos25 ture of the United States. 


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1 (2) A description of current and planned space 

2 acquisition programs that are in acquisition cat3 egories 1 and 2, including how each such program 

4 will address the policy, requirements, and objectives 

5 described under each of subparagraphs (A) through 

6 (F) of paragraph (1). 

7 (3) A description of future space systems and 

8 technology development (other than such systems 

9 and technology in development as of the date of the 

10 enactment of this Act) necessary to address the pol11 icy, requirements, and objectives described under 

12 each of subparagraphs (A) through (F) of paragraph 

13 (1). 

14 (4) An assessment of the relationship among 

15 the following: 

16 (A) United States military space policy. 

17 (B) National security space policy. 

18 (C) National security space objectives. 

19 (D) Arms control policy. 

20 (5) An assessment of the effect of the military 

21 and national security space policy of the United 

22 States on the proliferation of weapons capable of 

23 targeting objects in space or objects on Earth from 

24 space. 

25 (c) REPORT.— 


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1 (1) IN GENERAL.—Not later than December 1, 

2 2009, the Secretary of Defense and the Director of 

3 National Intelligence shall jointly submit to the con4 gressional committees specified in paragraph (3) a 

5 report on the review conducted under subsection (a). 

6 (2) FORM OF REPORT.—The report under this 

7 subsection shall be submitted in unclassified form, 

8 but may include a classified annex. 

9 (3) COMMITTEES.—The congressional commit10 tees specified in this paragraph are— 

11 (A) the Committee on Armed Services and 

12 the Select Committee on Intelligence of the 

13 Senate; and 

14 (B) the Committee on Armed Services and 

15 the Permanent Select Committee on Intelligence 

16 of the House of Representatives. 

17 (d) POSTURE REVIEW PERIOD DEFINED.—In this 

18 section, the term ‘‘posture review period’’ means the 10- 

19 year period beginning on February 1, 2009. 

20 SEC. 922. ADDITIONAL REPORT ON OVERSIGHT OF ACQUI21 SITION FOR DEFENSE SPACE PROGRAMS. 

22 Section 911(b)(1) of the Bob Stump National De23 fense Authorization Act for Fiscal Year 2003 (Public Law 

24 107–314; 116 Stat. 2621) is amended by inserting ‘‘, and 

25 March 15, 2008,’’ after ‘‘March 15, 2003,’’. 


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1 Subtitle C—Other Matters 

2 SEC. 931. DEPARTMENT OF DEFENSE CONSIDERATION OF 

3 EFFECT OF CLIMATE CHANGE ON DEPART4 MENT FACILITIES, CAPABILITIES, AND MIS5 SIONS. 

6 Section 118 of title 10, United States Code, is 

7 amended by adding at the end the following new sub8 section: 

9 ‘‘(g) CONSIDERATION OF EFFECT OF CLIMATE

10 CHANGE ON DEPARTMENT FACILITIES, CAPABILITIES, 

11 AND MISSIONS.—(1) The first national security strategy 

12 and national defense strategy prepared after the date of 

13 the enactment of this subsection shall include guidance for 

14 military planners— 

15 ‘‘(A) to assess the risks of projected climate 

16 change to current and future missions of the armed 

17 forces; 

18 ‘‘(B) to update defense plans based on these as19 sessments, including working with allies and part20 ners to incorporate climate mitigation strategies, ca21 pacity building, and relevant research and develop22 ment; and 

23 ‘‘(C) to develop the capabilities needed to re24 duce future impacts. 


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1 ‘‘(2) The first quadrennial defense review prepared 

2 after the date of the enactment of this subsection shall 

3 also examine the capabilities of the armed forces to re4 spond to the consequences of climate change, in particular, 

5 preparedness for natural disasters from extreme weather 

6 events and other missions the armed forces may be asked 

7 to support inside the United States and overseas. 

8 ‘‘(3) For planning purposes to comply with the re9 quirements of this subsection, the Secretary of Defense 

10 shall use— 

11 ‘‘(A) the mid-range projections of the fourth as12 sessment report of the Intergovernmental Panel on 

13 Climate Change; 

14 ‘‘(B) subsequent mid-range consensus climate 

15 projections if more recent information is available 

16 when the next national security strategy, national 

17 defense strategy, or quadrennial defense review, as 

18 the case may be, is conducted; and 

19 ‘‘(C) findings of appropriate and available esti20 mations or studies of the anticipated strategic, so21 cial, political, and economic effects of global climate 

22 change and the implications of such effects on the 

23 national security of the United States. 


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1 ‘‘(4) The Secretary shall ensure that this subsection 

2 is implemented in a manner that does not have a negative 

3 impact on national security. 

4 ‘‘(5) In this subsection, the term ‘national security 

5 strategy’ means the annual national security strategy re6 port of the President under section 108 of the National 

7 Security Act of 1947 (50 U.S.C. 404a).’’. 

8 SEC. 932. BOARD OF REGENTS FOR THE UNIFORMED SERV9 ICES UNIVERSITY OF THE HEALTH SCIENCES. 

10 (a) APPOINTMENTS.— 

11 (1) IN GENERAL.—Section 2113 of title 10, 

12 United States Code, is amended— 

13 (A) in subsection (a)(1), by striking ‘‘by 

14 the President, by and with the advice and con15 sent of the Senate’’ and inserting ‘‘by the Sec16 retary of Defense’’; and 

17 (B) in subsection (b)— 

18 (i) in paragraph (1), by adding ‘‘and’’ 

19 at the end; 

20 (ii) by striking paragraph (2); and 

21 (iii) by redesignating paragraph (3) as 

22 paragraph (2). 

23 (2) CHAIRMAN.—Subsection (c) of such section 

24 is amended by striking ‘‘the President’’ and insert25 ing ‘‘the Secretary’’. 


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1 (b) STATUTORY REDESIGNATION OF DEAN AS PRESI2 DENT.— 

3 (1) Section 2113 of such title is further amend4 ed by striking ‘‘Dean’’ each place it appears in sub5 sections (d) and (f)(1) and inserting ‘‘President’’. 

6 (2) Section 2114(e) of such title is amended by 

7 striking ‘‘Dean’’ each place it appears in paragraphs 

8 (3) and (5). 

9 (c) COMPENSATION OF MEMBERS FOR PERFORM10 ANCE OF DUTIES.—Subsection (e) of section 2113 of such 

11 title is further amended by striking ‘‘but not exceeding 

12 $100 per diem’’. 

13 SEC. 933. UNITED STATES MILITARY CANCER INSTITUTE. 

14 (a) ESTABLISHMENT.—Chapter 104 of title 10, 

15 United States Code, is amended by adding at the end the 

16 following new section: 

17 ‘‘§ 2117. United States Military Cancer Institute 

18 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense 

19 shall establish in the University the United States Military 

20 Cancer Institute. The Institute shall be established pursu21 ant to regulations prescribed by the Secretary. 

22 ‘‘(b) PURPOSES.—The purposes of the Institute are 

23 as follows: 

24 ‘‘(1) To establish and maintain a clearinghouse 

25 of data on the incidence and prevalence of cancer 


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1 among members and former members of the armed 

2 forces. 

3 ‘‘(2) To conduct research that contributes to 

4 the detection or treatment of cancer among the 

5 members and former members of the armed forces. 

6 ‘‘(c) HEAD OF INSTITUTE.—The Director of the 

7 United States Military Cancer Institute is the head of the 

8 Institute. The Director shall report to the President of the 

9 University regarding matters relating to the Institute. 

10 ‘‘(d) ELEMENTS.—(1) The Institute is composed of 

11 clinical and basic scientists in the Department of Defense 

12 who have an expertise in research, patient care, and edu13 cation relating to oncology and who meet applicable cri14 teria for affiliation with the Institute. 

15 ‘‘(2) The components of the Institute include military 

16 treatment and research facilities that meet applicable cri17 teria and are designated as affiliates of the Institute. 

18 ‘‘(e) RESEARCH.—(1) The Director of the United 

19 States Military Cancer Institute shall carry out research 

20 studies on the following: 

21 ‘‘(A) The epidemiological features of cancer, in22 cluding assessments of the carcinogenic effect of ge23 netic and environmental factors, and of disparities in 

24 health, inherent or common among populations of 


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1 various ethnic origins within the members of the 

2 armed forces. 

3 ‘‘(B) The prevention and early detection of can4 cer among members and former members of the 

5 armed forces. 

6 ‘‘(C) Basic, translational, and clinical investiga7 tion matters relating to the matters described in 

8 subparagraphs (A) and (B). 

9 ‘‘(2) The research studies under paragraph (1) shall 

10 include complementary research on oncologic nursing. 

11 ‘‘(f) COLLABORATIVE RESEARCH.—The Director of 

12 the United States Military Cancer Institute shall carry out 

13 the research studies under subsection (e) in collaboration 

14 with other cancer research organizations and entities se15 lected by the Institute for purposes of the research studies. 

16 ‘‘(g) ANNUAL REPORT.—(1) Not later than Novem17 ber 1 each year, the Director of the United States Military 

18 Cancer Institute shall submit to the President of the Uni19 versity a report on the current status of the research stud20 ies being carried out by the Institute under subsection (e). 

21 ‘‘(2) Not later than 60 days after receiving a report 

22 under paragraph (1), the President of the University shall 

23 transmit such report to the Secretary of Defense and to 

24 Congress.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 104 of such title is amended 

3 by adding at the end the following new item: 

‘‘2117. United States Military Cancer Institute.’’. 

4 SEC. 934. WESTERN HEMISPHERE CENTER FOR EXCEL5 LENCE IN HUMAN RIGHTS. 

6 (a) CENTER AUTHORIZED.—The Secretary of De7 fense may establish and operate a center to be known as 

8 the Western Hemisphere Center for Excellence in Human 

9 Rights. 

10 (b) MISSIONS.—The missions of the Center shall be 

11 as follows: 

12 (1) To provide and facilitate education, train13 ing, research, strategic planning, and reform on the 

14 integration of respect for human rights into all as15 pects of military operations, doctrine, education, ju16 dicial systems, and other internal control mecha17 nisms, and into the relations of the military with 

18 civil society, including the development of programs 

19 to combat the growing phenomenon of trafficking in 

20 persons. 

21 (2) To sponsor conferences, symposia, seminars, 

22 academic exchanges, and courses, as well as special 

23 projects such as studies, reviews, design of curricula, 

24 and evaluations, on the matters covered by para25 graph (1). 


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1 (3) In carrying out its other mission, to place 

2 special emphasis on the implementation of reforms 

3 that result in measurable improvements in respect 

4 for human rights in the provision of effective secu5 rity. 

6 (c) FORMULATION AND EXECUTION OF PRO7 GRAMS.— 

8 (1) CONCURRENCE OF SECRETARY OF STATE.— 

9 The Secretary of Defense may carry out this section 

10 only with the concurrence of the Secretary of State. 

11 (2) FORMULATION AND EXECUTION OF PRO12 GRAMS.—The Secretary of Defense and the Sec13 retary of State shall— 

14 (A) jointly formulate any program or other 

15 activities undertaken under this section; and 

16 (B) shall coordinate with one another, 

17 under procedures that they jointly establish, to 

18 ensure appropriate implementation of such pro19 grams and activities, including in a manner 

20 that— 

21 (i) incorporates appropriate vetting 

22 procedures, irrespective of the source of 

23 funding for the activity; and 

24 (ii) avoids duplication with existing 

25 programs. 


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1 (d) JOINT OPERATION WITH EDUCATIONAL INSTI2 TUTIONS AND NONGOVERNMENTAL ORGANIZATIONS AU3 THORIZED.—The Secretary of Defense may enter into 

4 agreements with appropriate officials of institutions of 

5 higher education and nongovernmental organizations to 

6 provide for the joint operation of the Center by the Sec7 retary and such entities. Any such agreement may provide 

8 for the institution or organization concerned to furnish 

9 necessary administrative services for the Center, including 

10 administration and allocation of funds. 

11 (e) ACCEPTANCE OF GIFTS AND DONATIONS.— 

12 (1) ACCEPTANCE AUTHORIZED.—Except as 

13 provided in paragraph (2), the Secretary of Defense 

14 may accept, on behalf of the Center, gifts and dona15 tions to be used to defray the costs of the Center or 

16 to enhance the operation of the Center. Any such 

17 gift or donation may be accepted from any State or 

18 local government, any foreign government, any foun19 dation or other charitable organization (including 

20 any that is organized or operates under the laws of 

21 a foreign country), or any other private source in the 

22 United States or a foreign country. 

23 (2) LIMITATION.—The Secretary may not ac24 cept a gift or donation under paragraph (1) if acVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00280 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 ceptance of the gift or donation would compromise 

2 or appear to compromise— 

3 (A) the ability of the Department of De4 fense, any employee of the Department, or 

5 members of the Armed Forces to carry out any 

6 responsibility or duty of the Department in a 

7 fair and objective manner; or 

8 (B) the integrity of any program of the 

9 Department or of any person involved in such 

10 a program. 

11 (3) CREDITING.—Amounts accepted as a gift or 

12 donation under paragraph (1) shall be credited to 

13 the appropriation available to the Department of De14 fense for the Western Hemisphere Center for Excel15 lence in Human Rights. Amounts so credited shall 

16 be merged with the appropriation to which credited, 

17 and shall be available to the Center for the same 

18 purposes, and subject to the same conditions and 

19 limitations, as amounts in the appropriation with 

20 which merged. 

21 (4) ANNUAL REPORT.—Not later than January 

22 31 each year, the Secretary shall submit to the con23 gressional defense committees a report on the gifts 

24 or donations accepted under paragraph (1) during 

25 the preceding year. Each report shall include, for the 


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1 year covered by such report, a description of each 

2 gift of donation so accepted, including— 

3 (A) the source of the gift or donation; 

4 (B) the amount of the gift or donation; 

5 and 

6 (C) the use of the gift or donation. 

7 SEC. 935. INCLUSION OF COMMANDERS OF WESTERN HEMI8 SPHERE COMBATANT COMMANDS IN BOARD 

9 OF VISITORS OF WESTERN HEMISPHERE IN10 STITUTE FOR SECURITY COOPERATION. 

11 Subparagraph (F) of section 2166(e)(1) of title 10, 

12 United States Code, is amended to read as follows: 

13 ‘‘(F) The commanders of the combatant com14 mands having geographic responsibility for the 

15 Western Hemisphere, or the designees of those offi16 cers.’’. 

17 SEC. 936. COMPTROLLER GENERAL ASSESSMENT OF PRO18 POSED REORGANIZATION OF THE OFFICE OF 

19 THE UNDER SECRETARY OF DEFENSE FOR 

20 POLICY. 

21 (a) ASSESSMENT REQUIRED.—Not later than March 

22 1, 2008, the Comptroller General of the United States 

23 shall submit to the congressional defense committees a re24 port containing an assessment of the proposed reorganiza25 tion of the office of the Under Secretary of Defense for 


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1 Policy, including an assessment with respect to the mat2 ters set forth in subsection (b). 

3 (b) MATTERS TO BE ASSESSED.—The matters to be 

4 included in the assessment required by subsection are as 

5 follows: 

6 (1) Whether the proposed reorganization of the 

7 office will further the stated purposes of the pro8 posed reorganization in the short-and long-term, 

9 namely whether the proposed reorganization will en10 hance the ability of the Department of Defense— 

11 (A) to address current security priorities, 

12 including the war in Iraq and the global war on 

13 terrorism in Afghanistan and elsewhere; 

14 (B) to manage geopolitical defense rela15 tionships; and 

16 (C) to anticipate future strategic shifts. 

17 (2) Whether, and to what extent, the proposed 

18 reorganization adheres to generally accepted prin19 ciples of effective organization such as establishing 

20 clear goals, identifying clear lines of authority and 

21 accountability, and developing an effective human 

22 capital strategy. 

23 (3) The extent to which the Department has de24 veloped detailed implementation plans for the proVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 posed reorganization, and the current status of the 

2 implementation of all aspects of the reorganization. 

3 (4) The extent to which the Department has 

4 worked to mitigate congressional concerns and ad5 dress other challenges that have arisen since the 

6 proposed reorganization was announced. 

7 (5) Whether the Department plans to evaluate 

8 progress in achieving the stated goals of the pro9 posed reorganization and what metrics, if any, the 

10 Department has established to assess the results of 

11 the reorganization. 

12 (6) The impact of the large span of responsibil13 ities for the Assistant Secretary of Defense for Spe14 cial Operations and Low Intensity Conflict under the 

15 proposed reorganization on the ability of the Assist16 ant Secretary to carry out the principal duties of the 

17 Assistant Secretary under law. 

18 (7) The impact of the large span of responsi19 bility for the Assistant Secretary of Defense for Spe20 cial Operations and Low Intensity Conflict under the 

21 proposed reorganization, including responsibility 

22 under the proposed reorganization for each of the 

23 following: 

24 (A) Strategic capabilities. 

25 (B) Forces transformation. 


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1 (C) Major budget programs. 

2 (8) The relationship between any global war on 

3 terrorism task force that reports directly to the 

4 Under Secretary of Defense for Policy, the Assistant 

5 Secretary of Defense for Special Operations and 

6 Low Intensity Conflict, and the Principal Deputy 

7 Under Secretary of Defense for Policy in managing 

8 policy on combating terrorism. 

9 (9) The impact of the large span of responsibil10 ities for the proposed Deputy Assistant Secretary of 

11 Defense for Counternarcotics, Counterproliferation, 

12 and Global Threats under the proposed reorganiza13 tion. 

14 (10) The impact of the proposed reorganization 

15 on counternarcotics program execution. 

16 (11) The unique placement under the proposed 

17 reorganization of both functional and regional issue 

18 responsibilities under the single proposed Assistant 

19 Secretary of Defense for Homeland Defense and 

20 Americas’ Security Affairs. 

21 (12) The differentiation between the respon22 sibilities of the proposed Deputy Assistant Secretary 

23 of Defense for Building Partnership Capacity Strat24 egy and the proposed Deputy Assistant Secretary of 

25 Defense for Security Cooperation Options under the 


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1 proposed reorganization, and the relationship be2 tween such officials. 

3 TITLE X—GENERAL PROVISIONS 

4 Subtitle A—Financial Matters 

5 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

6 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

7 (1) AUTHORITY.—Upon determination by the 

8 Secretary of Defense that such action is necessary in 

9 the national interest, the Secretary may transfer 

10 amounts of authorizations made available to the De11 partment of Defense in this division for fiscal year 

12 2008 between any such authorizations for that fiscal 

13 year (or any subdivisions thereof). Amounts of au14 thorizations so transferred shall be merged with and 

15 be available for the same purposes as the authoriza16 tion to which transferred. 

17 (2) LIMITATION.—Except as provided in para18 graph (3), the total amount of authorizations that 

19 the Secretary may transfer under the authority of 

20 this section may not exceed $5,000,000,000. 

21 (3) EXCEPTION FOR TRANSFERS BETWEEN

22 MILITARY PERSONNEL AUTHORIZATIONS.—A trans23 fer of funds between military personnel authoriza24 tions under title IV shall not be counted toward the 

25 dollar limitation in paragraph (2). 


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1 (b) LIMITATIONS.—The authority provided by this 

2 section to transfer authorizations— 

3 (1) may only be used to provide authority for 

4 items that have a higher priority than the items 

5 from which authority is transferred; and 

6 (2) may not be used to provide authority for an 

7 item that has been denied authorization by Con8 gress. 

9 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

10 transfer made from one account to another under the au11 thority of this section shall be deemed to increase the 

12 amount authorized for the account to which the amount 

13 is transferred by an amount equal to the amount trans14 ferred. 

15 (d) NOTICE TO CONGRESS.—The Secretary shall 

16 promptly notify Congress of each transfer made under 

17 subsection (a). 

18 SEC. 1002. AUTHORIZATION OF ADDITIONAL EMERGENCY 

19 SUPPLEMENTAL APPROPRIATIONS FOR FIS20 CAL YEAR 2007. 

21 Amounts authorized to be appropriated to the De22 partment of Defense for fiscal year 2007 in the John War23 ner National Defense Authorization Act for Fiscal Year 

24 2007 (Public Law 109–364) are hereby adjusted, with re25 spect to any such authorized amount, by the amount by 


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1 which appropriations pursuant to such authorization are 

2 increased by a supplemental appropriation or by a transfer 

3 of funds, or decreased by a rescission, or any thereof, pur4 suant to the U.S. Troop Readiness, Veterans’ Care, 

5 Katrina Recovery, and Iraq Accountability Appropriations 

6 Act, 2007 (Public Law 110–28). 

7 SEC. 1003. MODIFICATION OF FISCAL YEAR 2007 GENERAL 

8 TRANSFER AUTHORITY. 

9 Section 1001(a) of the John Warner National De10 fense Authorization Act for Fiscal Year 2007 (Public Law 

11 109–364; 120 Stat. 2371) is amended by adding at the 

12 end the following new paragraph: 

13 ‘‘(3) EXCEPTION FOR CERTAIN TRANSFERS.— 

14 The following transfers of funds shall be not be 

15 counted toward the limitation in paragraph (2) on 

16 the amount that may be transferred under this sec17 tion: 

18 ‘‘(A) The transfer of funds to the Iraq Se19 curity Forces Fund under reprogramming 

20 FY07–07–R PA. 

21 ‘‘(B) The transfer of funds to the Joint 

22 Improvised Explosive Device Defeat Fund 

23 under reprogramming FY07–11 PA. 

24 ‘‘(C) The transfer of funds back from the 

25 accounts referred to in subparagraphs (A) and 


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1 (B) to restore the sources used in the 

2 reprogrammings referred to in such subpara3 graphs.’’. 

4 SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COM5 MON-FUNDED BUDGETS IN FISCAL YEAR 2008. 

6 (a) FISCAL YEAR 2008 LIMITATION.—The total 

7 amount contributed by the Secretary of Defense in fiscal 

8 year 2008 for the common-funded budgets of NATO may 

9 be any amount up to, but not in excess of, the amount 

10 specified in subsection (b) (rather than the maximum 

11 amount that would otherwise be applicable to those con12 tributions under the fiscal year 1998 baseline limitation). 

13 (b) TOTAL AMOUNT.—The amount of the limitation 

14 applicable under subsection (a) is the sum of the following: 

15 (1) The amounts of unexpended balances, as of 

16 the end of fiscal year 2007, of funds appropriated 

17 for fiscal years before fiscal year 2008 for payments 

18 for those budgets. 

19 (2) The amount specified in subsection (c)(1). 

20 (3) The amount specified in subsection (c)(2). 

21 (4) The total amount of the contributions au22 thorized to be made under section 2501. 

23 (c) AUTHORIZED AMOUNTS.—Amounts authorized to 

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1 able for contributions for the common-funded budgets of 

2 NATO as follows: 

3 (1) Of the amount provided in section 201(1), 

4 $1,031,000 for the Civil Budget. 

5 (2) Of the amount provided in section 301(1), 

6 $362,159,000 for the Military Budget. 

7 (d) DEFINITIONS.—For purposes of this section: 

8 (1) COMMON-FUNDED BUDGETS OF NATO.— 

9 The term ‘‘common-funded budgets of NATO’’ 

10 means the Military Budget, the Security Investment 

11 Program, and the Civil Budget of the North Atlantic 

12 Treaty Organization (and any successor or addi13 tional account or program of NATO). 

14 (2) FISCAL YEAR 1998 BASELINE LIMITATION.— 

15 The term ‘‘fiscal year 1998 baseline limitation’’ 

16 means the maximum annual amount of Department 

17 of Defense contributions for common-funded budgets 

18 of NATO that is set forth as the annual limitation 

19 in section 3(2)(C)(ii) of the resolution of the Senate 

20 giving the advice and consent of the Senate to the 

21 ratification of the Protocols to the North Atlantic 

22 Treaty of 1949 on the Accession of Poland, Hun23 gary, and the Czech Republic (as defined in section 

24 4(7) of that resolution), approved by the Senate on 

25 April 30, 1998. 


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1 SEC. 1005. FINANCIAL MANAGEMENT TRANSFORMATION 

2 INITIATIVE FOR THE DEFENSE AGENCIES. 

3 (a) FINANCIAL MANAGEMENT TRANSFORMATION

4 INITIATIVE.— 

5 (1) IN GENERAL.—The Director of the Busi6 ness Transformation Agency of the Department of 

7 Defense shall carry out an initiative for financial 

8 management transformation in the Defense Agen9 cies. The initiative shall be known as the ‘‘Defense 

10 Agencies Initiative’’ (in this section referred to as 

11 the ‘‘Initiative’’). 

12 (2) SCOPE OF AUTHORITY.—In carrying out the 

13 Initiative, the Director of the Business Trans14 formation Agency may require the heads of the De15 fense Agencies to carry out actions that are within 

16 the purpose and scope of the Initiative. 

17 (b) PURPOSES.—The purposes of Initiative shall be 

18 as follows: 

19 (1) To eliminate or replace financial manage20 ment systems of the Defense Agencies that are du21 plicative, redundant, or fail to comply with the 

22 standards set forth in subsection (d). 

23 (2) To transform the budget, finance, and ac24 counting operations of the Defense Agencies to en25 able the Defense Agencies to achieve accurate and 

26 reliable financial information needed to support fiVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 nancial accountability and effective and efficient 

2 management decisions. 

3 (c) REQUIRED ELEMENTS.—The Initiative shall in4 clude, to the maximum extent practicable— 

5 (1) the utilization of commercial, off-the-shelf 

6 technologies and web-based solutions; 

7 (2) a standardized technical environment and 

8 an open and accessible architecture; and 

9 (3) the implementation of common business 

10 processes, shared services, and common data struc11 tures. 

12 (d) STANDARDS.—In carrying out the Initiative, the 

13 Director of the Business Transformation Agency shall en14 sure that the Initiative is consistent with— 

15 (1) the requirements of the Business Enterprise 

16 Architecture and Transition Plan developed pursu17 ant to section 2222 of title 10, United States Code; 

18 (2) the Standard Financial Information Struc19 ture of the Department of Defense; 

20 (3) the Federal Financial Management Im21 provement Act of 1996 (and the amendments made 

22 by that Act); and 

23 (4) other applicable requirements of law and 

24 regulation. 


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1 (e) SCOPE.—The Initiative shall be designed to pro2 vide, at a minimum, capabilities in the major process areas 

3 for both general fund and working capital fund operations 

4 of the Defense Agencies as follows: 

5 (1) Budget formulation. 

6 (2) Budget to report, including general ledger 

7 and trial balance. 

8 (3) Procure to pay, including commitments, ob9 ligations, and accounts payable. 

10 (4) Order to fulfill, including billing and ac11 counts receivable. 

12 (5) Cost accounting. 

13 (6) Acquire to retire (account management). 

14 (7) Time and attendance and employee entitle15 ment. 

16 (8) Grants financial management. 

17 (f) 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 (g) 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 six 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 SEC. 1007. EXTENSION OF PERIOD FOR TRANSFER OF 

2 FUNDS TO FOREIGN CURRENCY FLUCTUA3 TIONS, DEFENSE ACCOUNT. 

4 Section 2779 of title 10, United States Code, is 

5 amended— 

6 (1) in subsection (a)(2), by striking ‘‘second fis7 cal year’’ and inserting ‘‘fifth fiscal year’’; and 

8 (2) in subsection (d)(2), by striking ‘‘second fis9 cal year’’ and inserting ‘‘fifth fiscal year’’. 

10 Subtitle B—Counter-Drug 

11 Activities 

12 SEC. 1011. EXPANSION OF DEPARTMENT OF DEFENSE AU13 THORITY TO PROVIDE SUPPORT FOR 

14 COUNTER-DRUG ACTIVITIES TO CERTAIN AD15 DITIONAL FOREIGN GOVERNMENTS. 

16 Section 1033(b) of the National Defense Authoriza17 tion Act for Fiscal Year 1998 (Public Law 105–85; 111 

18 Stat. 1881), as amended by section 1021(b) of the Na19 tional Defense Authorization Act for Fiscal Year 2004 

20 (Public Law 108–136; 117 Stat. 1593) and section 

21 1022(b) of the John Warner National Defense Authoriza22 tion Act for Fiscal Year 2007 (Public Law 109–364; 120 

23 Stat. 2382), is further amended by adding at the end the 

24 following new paragraphs: 

25 ‘‘(17) The Government of the Dominican Re26 public. 


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1 ‘‘(18) The Government of Mexico.’’. 

2 Subtitle C—Miscellaneous 

3 Authorities and Limitations 

4 SEC. 1021. ENHANCEMENT OF AUTHORITY TO PAY RE5 WARDS FOR ASSISTANCE IN COMBATING TER6 RORISM. 

7 (a) INCREASE IN AMOUNT OF REWARD.—Subsection 

8 (b) of section 127b of title 10, United States Code, is 

9 amended by inserting ‘‘, or $5,000,000 during fiscal year 

10 2008’’ after ‘‘$200,000’’. 

11 (b) DELEGATION OF AUTHORITY TO COMMANDERS

12 OF COMBATANT COMMANDS.—Subsection (c)(1)(B) of 

13 such title is amended by inserting ‘‘, or $1,000,000 during 

14 fiscal year 2008’’ after ‘‘$50,000’’. 

15 (c) CONSULTATION WITH SECRETARY OF STATE IN

16 AWARD.—Subsection (d)(2) of such section is amended by 

17 inserting ‘‘, or $2,000,000 during fiscal year 2008’’ after 

18 ‘‘$100,000’’. 

19 SEC. 1022. REPEAL OF MODIFICATION OF AUTHORITIES RE20 LATING TO THE USE OF THE ARMED FORCES 

21 IN MAJOR PUBLIC EMERGENCIES. 

22 (a) REPEAL.— 

23 (1) IN GENERAL.—Section 333 of title 10, 

24 United States Code, as amended by section 1076 of 

25 the John Warner National Defense Authorization 


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1 Act for Fiscal Year 2007 (Public Law 109–364; 120 

2 Stat. 2404), is amended to read as such section read 

3 on October 16, 2006, which is the day before the 

4 date of the enactment of the John Warner National 

5 Defense Authorization Act for Fiscal Year 2007. 

6 (2) CONFORMING CLERICAL AMENDMENTS.— 

7 (A) The heading of such section 333, as so amend8 ed, is amended to read as such heading read on Oc9 tober 16, 2006. 

10 (B) The item relating to such section 333 in 

11 the table of sections at the beginning of chapter 15 

12 of such title, as so amended, is amended to read as 

13 such item read on October 16, 2006. 

14 (C) The heading of chapter 15 of such title, as 

15 so amended, is amended to read as such heading 

16 read on October 16, 2006. 

17 (D) The item relating to chapter 15 of such 

18 title in the tables of chapters at the beginning of 

19 subtitle A of such title, and at the beginning of part 

20 I of such subtitle, as so amended, is amended to 

21 read as such item read on October 16, 2006. 

22 (b) OTHER CONFORMING AMENDMENTS.— 

23 (1) CONFORMING REPEAL.—(A) Section 2567 

24 of title 10, United States Code, is repealed. 


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1 (B) The table of sections at the beginning of 

2 chapter 152 of such title is amended by striking the 

3 item relating to section 2567. 

4 (2) ADDITIONAL AMENDMENT.—Section 

5 12304(c)(1) of such title, as amended by section 

6 1076 of the John Warner National Defense Author7 ization Act for Fiscal Year 2007, is amended to read 

8 as such section read on October 16, 2006. 

9 SEC. 1023. PROCEDURES FOR COMBATANT STATUS REVIEW 

10 TRIBUNALS; MODIFICATION OF MILITARY 

11 COMMISSION AUTHORITIES. 

12 (a) DETERMINATION OF STATUS OF CERTAIN COM13 BATANTS.—Subsection (b) of section 1005 of the Detainee 

14 Treatment Act of 2005 (title X of Public Law 109–148; 

15 10 U.S.C. 801 note) is amended to read as follows: 

16 ‘‘(b) DETERMINATION OF STATUS OF CERTAIN COM17 BATANTS.— 

18 ‘‘(1) IN GENERAL.—The Secretary of Defense 

19 shall determine the status of each detainee described 

20 in paragraph (2) through a Combatant Status Re21 view Tribunal (in this subsection referred to as a 

22 ‘Tribunal’) conducted in accordance with the re23 quirements of this subsection. 

24 ‘‘(2) COVERED DETAINEES.— 


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1 ‘‘(A) IN GENERAL.—A detainee described 

2 in this paragraph is a detainee who— 

3 ‘‘(i) is held by the Department of De4 fense as an unlawful enemy combatant on 

5 or after the date of the enactment of the 

6 National Defense Authorization Act for 

7 Fiscal Year 2008; and 

8 ‘‘(ii) has been detained by the United 

9 States for a period of more than two years. 

10 ‘‘(B) UNLAWFUL ENEMY COMBATANT DE11 FINED.—In this subsection, the term ‘unlawful 

12 enemy combatant’ has the meaning given such 

13 term in section 948a(1) of title 10, United 

14 States Code. 

15 ‘‘(3) STANDARD OF PROOF.—A Tribunal shall 

16 determine whether or not a detainee is an unlawful 

17 enemy combatant by a preponderance of the evi18 dence. Weight shall be accorded to evidence based on 

19 the credibility, reliability, and probative value of the 

20 evidence. 

21 ‘‘(4) PROCEDURES.—Not later than 120 days 

22 after the date of the enactment of the National De23 fense Authorization Act for Fiscal Year 2008, the 

24 Secretary shall prescribe procedures for Tribunals 


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1 under this subsection. Such procedures shall ensure, 

2 at a minimum, that— 

3 ‘‘(A) the President of a Tribunal is a mili4 tary judge— 

5 ‘‘(i) who shall meet the qualification 

6 requirements of section 948j(b) of title 10, 

7 United States Code, and 

8 ‘‘(ii) who shall rule on all questions of 

9 law and exclude evidence that would not 

10 have probative value to a reasonable per11 son; 

12 ‘‘(B) each detainee is represented in the 

13 same manner as provided for the accused before 

14 a military commission under section 949c of 

15 title 10, United States Code; 

16 ‘‘(C) each detainee is afforded a reasonable 

17 opportunity to obtain witnesses and other evi18 dence, including a process to compel witnesses 

19 to appear and testify and to compel the produc20 tion of other evidence, that is similar to that 

21 provided for defense counsel in a military com22 mission under section 949j of title 10, United 

23 States Code; 

24 ‘‘(D) each detainee is permitted to present 

25 evidence in his defense, to cross-examine the 


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1 witnesses who testify against him, and to exam2 ine and respond to evidence admitted against 

3 him, while providing for the handling of classi4 fied information in a manner so that— 

5 ‘‘(i) counsel for the detainee is pro6 vided access to the relevant classified evi7 dence, including both evidence admitted 

8 against the detainee and any potentially 

9 exculpatory evidence, consistent with the 

10 procedures for the protection of classified 

11 information in section 949d(f) of title 10, 

12 United States Code; and 

13 ‘‘(ii) the detainee is provided access— 

14 ‘‘(I) to all unclassified evidence; 

15 and 

16 ‘‘(II) to a summary of the classi17 fied evidence admitted against the de18 tainee that is sufficiently specific to 

19 provide the detainee a fair opportunity 

20 to respond, with the assistance of 

21 counsel, to such evidence; 

22 ‘‘(E) in making a determination of status 

23 of any such detainee, a Tribunal may not con24 sider a statement that was obtained through 

25 methods that amount to torture; and 


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1 ‘‘(F) in making a determination of status 

2 of a detainee, a Tribunal may not consider a 

3 statement in which the degree of coercion is dis4 puted unless— 

5 ‘‘(i) the totality of the circumstances 

6 renders the statement reliable and pos7 sessing sufficient probative value; 

8 ‘‘(ii) the interests of justice would best 

9 be served by admission of the statement 

10 into evidence; and 

11 ‘‘(iii) the Tribunal determines that— 

12 ‘‘(I) the alleged coercion was inci13 dent to the lawful conduct of military 

14 operations at the point of apprehen15 sion; 

16 ‘‘(II) the statement was vol17 untary; or 

18 ‘‘(III) the interrogation methods 

19 used to obtain the statement do not 

20 amount to cruel, inhuman, or degrad21 ing treatment prohibited by section 

22 1003 of this Act. 

23 ‘‘(5) SCHEDULING.—The Secretary shall ensure 

24 that a Tribunal is scheduled for a detainee described 

25 in paragraph (2) not later than 180 days after the 


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1 date on which a Tribunal becomes required for such 

2 detainee under paragraph (1), except that— 

3 ‘‘(A) the Secretary shall schedule a Tri4 bunal for a detainee who is eligible for such a 

5 Tribunal on the date of the enactment of the 

6 National Defense Authorization Act for Fiscal 

7 Year 2008 not later than one year after the 

8 date on which procedures are required to be 

9 prescribed by paragraph (4); and 

10 ‘‘(B) the Secretary shall not be required to 

11 schedule a Tribunal for— 

12 ‘‘(i) a detainee upon whom charges 

13 have been served in accordance with sec14 tion 948s of title 10, United States Code, 

15 until after final judgment has been reached 

16 on such charges; or 

17 ‘‘(ii) a detainee who has been con18 victed by a military commission under 

19 chapter 47A of such title of an offense 

20 under subchapter VII of that chapter.’’. 

21 (b) MODIFICATIONS OF MILITARY COMMISSION AU22 THORITIES.— 

23 (1) ENEMY COMBATANT STATUS.—Paragraph 

24 (1) of section 948a of title 10, United States Code, 

25 is amended to read as follows: 


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1 ‘‘(1) UNLAWFUL ENEMY COMBATANT.—The 

2 term ‘unlawful enemy combatant’ means a person 

3 who is not a lawful enemy combatant who— 

4 ‘‘(A) has engaged in hostilities against the 

5 United States; 

6 ‘‘(B) has purposefully and materially sup7 ported hostilities against the United States 

8 (other than hostilities engaged in by lawful 

9 enemy combatants); or 

10 ‘‘(C) has been a knowing and active partic11 ipant in an organization that engaged in hos12 tilities against the United States.’’. 

13 (2) REPEAL OF DISPOSITIVE NATURE OF PRE14 VIOUS CSRT DETERMINATIONS.—Section 948d of 

15 such title is amended— 

16 (A) by striking subsection (c); and 

17 (B) by redesignating subsection (d) as sub18 section (c). 

19 (3) STATEMENTS OBTAINED THROUGH CRUEL, 

20 INHUMAN, OR DEGRADING TREATMENT.—Section 

21 948r of such title is amended— 

22 (A) by striking subsections (c) and (d); 

23 and 

24 (B) by adding after subsection (b) the fol25 lowing new subsection (c): 


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1 ‘‘(c) STATEMENTS OBTAINED THROUGH CRUEL, IN2 HUMAN, OR DEGRADING TREATMENT.—A statement in 

3 which the degree of coercion is disputed may be admitted 

4 if the military judge finds that— 

5 ‘‘(1) the totality of the circumstances renders 

6 the statement reliable and possessing sufficient pro7 bative value; 

8 ‘‘(2) the interests of justice would best be 

9 served by admission of the statement into evidence; 

10 and 

11 ‘‘(3) one of the following circumstances is met: 

12 ‘‘(A) The alleged coercion was incident to 

13 the lawful conduct of military operations at the 

14 point of apprehension. 

15 ‘‘(B) The statement was voluntary. 

16 ‘‘(C) The interrogation methods used to 

17 obtain the statement do not amount to cruel, 

18 inhuman, or degrading treatment prohibited by 

19 section 1003 of the Detainee Treatment Act of 

20 2005 (42 U.S.C. 2000dd).’’. 

21 (4) ADMITTANCE OF HEARSAY EVIDENCE.— 

22 Subparagraph (E) of section 949a(b)(2) of such title 

23 is amended to read as follows: 

24 ‘‘(E) Hearsay evidence not otherwise admissible 

25 under the rules of evidence applicable in trial by 


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1 general courts-martial may be admitted in a trial by 

2 military commission if— 

3 ‘‘(i) the proponent of the evidence makes 

4 known to the adverse party, sufficiently in ad5 vance of trial or hearing to provide the adverse 

6 party with a fair opportunity to meet the evi7 dence, the proponent’s intention to offer the 

8 evidence, and the particulars of the evidence 

9 (including information on the circumstances 

10 under which the evidence was obtained); and 

11 ‘‘(ii) the military judge finds that the total12 ity of the circumstances render the evidence 

13 more probative on the point for which it is of14 fered than other evidence which the proponent 

15 can procure through reasonable efforts, taking 

16 into consideration the unique circumstances of 

17 the conduct of military and intelligence oper18 ations during hostilities.’’. 

19 (5) TECHNICAL AND CONFORMING AMEND20 MENTS.— 

21 (A) TECHNICAL AMENDMENT.—The head22 ing of section 950j of such title is amended by 

23 striking ‘‘Finality or’’ and inserting ‘‘Final24 ity of’’. 


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1 (B) CLERICAL AMENDMENT.—The table of 

2 sections at the beginning of subchapter VI of 

3 chapter 47A of such title is amended to read as 

4 follows: 

‘‘950j. Finality of proceedings, findings, and sentences.’’. 

5 SEC. 1024. GIFT ACCEPTANCE AUTHORITY. 

6 (a) PERMANENT AUTHORITY TO ACCEPT GIFTS ON

7 BEHALF OF THE WOUNDED.—Section 2601(b) of title 10, 

8 United States Code, is amended by striking paragraph (4). 

9 (b) LIMITATION ON SOLICITATION OF GIFTS.—The 

10 Secretary of Defense shall prescribe regulations imple11 menting sections 2601 and 2608 of title 10, United States 

12 Code, that prohibit the solicitation of any gift under such 

13 sections by any employee of the Department of Defense 

14 if the nature or circumstances of such solicitation would 

15 compromise the integrity or the appearance of integrity 

16 of any program of the Department of Defense or of any 

17 individual involved in such program. 

18 SEC. 1025. EXPANSION OF COOPERATIVE AGREEMENT AU19 THORITY FOR MANAGEMENT OF CULTURAL 

20 RESOURCES. 

21 (a) IN GENERAL.—Subsection (a) of section 2684 of 

22 title 10, United States Code, is amended to read as fol23 lows: 

24 ‘‘(a) AUTHORITY.—(1) The Secretary of Defense or 

25 the Secretary of a military department may enter into a 


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1 cooperative agreement with a State or local government, 

2 tribal government, or other entity for any purpose as fol3 lows: 

4 ‘‘(A) For the preservation, management, main5 tenance, and improvement of cultural resources. 

6 ‘‘(B) For the conduct of research regarding cul7 tural resources. 

8 ‘‘(2) To be covered under a cooperative agreement 

9 under this subsection, cultural resources shall be located— 

10 ‘‘(A) on a military installation; or 

11 ‘‘(B) off a military installation, but only if the 

12 cooperative agreement directly relieves or eliminates 

13 current or anticipated restrictions that would or 

14 might restrict, impede, or otherwise interfere 

15 (whether directly or indirectly) with current or an16 ticipated military training, testing, or operations on 

17 the installation. 

18 ‘‘(3) Activities under a cooperative agreement under 

19 this subsection shall be subject to the availability of funds 

20 to carry out the cooperative agreement.’’. 

21 (b) INCLUSION OF INDIAN SACRED SITES IN CUL22 TURAL RESOURCES.—Subsection (c) of such section is 

23 amended by adding at the end the following new para24 graph: 


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1 ‘‘(5) An Indian sacred site, as the that term is 

2 defined in section 1(b)(iii) of Executive Order 

3 13007.’’. 

4 SEC. 1026. MINIMUM ANNUAL PURCHASE AMOUNTS FOR 

5 AIRLIFT FROM CARRIERS PARTICIPATING IN 

6 THE CIVIL RESERVE AIR FLEET. 

7 (a) IN GENERAL.—Chapter 931 of title 10, United 

8 States Code, is amended by adding at the end the fol9 lowing new section: 

10 ‘‘§ 9515. Airlift services: minimum annual purchase 

11 amount for carriers participating in Civil 

12 Reserve Air Fleet 

13 ‘‘(a) IN GENERAL.—The Secretary of Defense may 

14 award to air carriers participating in the Civil Reserve Air 

15 Fleet on a fiscal year basis a one-year contract for airlift 

16 services with a minimum purchase amount determined in 

17 accordance with this section. 

18 ‘‘(b) MINIMUM PURCHASE AMOUNT.—(1) The aggre19 gate amount of the minimum purchase amount for all con20 tracts awarded under subsection (a) for a fiscal year shall 

21 be based on forecast needs, but may not exceed the 

22 amount equal to 80 percent of the annual average expendi23 ture of the Department of Defense for airlift during the 

24 five-fiscal year period ending in the fiscal year before the 

25 fiscal year for which such contracts are awarded. 


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1 ‘‘(2) In calculating the annual average expenditure 

2 of the Department of Defense for airlift for purposes of 

3 paragraph (1), the Secretary of Defense shall omit from 

4 the calculation any fiscal year exhibiting unusually high 

5 demand for airlift if the Secretary determines that the 

6 omission of such fiscal year from the calculation will result 

7 in a more accurate forecast of anticipated airlift for pur8 poses of that paragraph. 

9 ‘‘(3) The aggregate amount of the minimum purchase 

10 amount for all contracts awarded under subsection (a) for 

11 a fiscal year, as determined under paragraph (1), shall 

12 be allocated among all carriers awarded contracts under 

13 that subsection for such fiscal year in proportion to the 

14 commitments of such carriers to the Civil Reserve Air 

15 Fleet for such fiscal year. 

16 ‘‘(c) ADJUSTMENT TO MINIMUM PURCHASE AMOUNT

17 FOR PERIODS OF UNAVAILABILITY OF AIRLIFT.—In de18 termining the minimum purchase amount payable under 

19 a contract under subsection (a) for airlift provided by a 

20 carrier during the fiscal year covered by such contract, 

21 the Secretary of Defense may adjust the amount allocated 

22 to the carrier under subsection (b)(3) to take into account 

23 periods during such fiscal year when services of the carrier 

24 are unavailable for usage by the Department of Defense, 

25 including during periods of refused business or suspended 


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1 operations or when the carrier is placed in nonuse status 

2 pursuant to section 2640 of this title for safety issues. 

3 ‘‘(d) DISTRIBUTION OF AMOUNTS.—If any amount 

4 available under this section for the minimum purchase of 

5 airlift from a carrier for a fiscal year under a contract 

6 under subsection (a) is not utilized to purchase airlift from 

7 the carrier in such fiscal year, such amount shall be pro8 vided to the carrier before the first day of the following 

9 fiscal year. 

10 ‘‘(e) TRANSFER OF FUNDS.—At the beginning of 

11 each fiscal year, the Secretary of each military department 

12 shall transfer to the transportation working capital fund 

13 a percentage of the total amount anticipated to be re14 quired in such fiscal year for payment of minimum pur15 chase amounts under all contracts awarded under sub16 section (a) for such fiscal year equivalent to the percent17 age of the anticipated use of airlift by such military de18 partment during such fiscal year from all carriers under 

19 contracts awarded under subsection (a) for such fiscal 

20 year. 

21 ‘‘(f) AVAILABILITY OF AIRLIFT.—(1) From the total 

22 amount of airlift available for a fiscal year under all con23 tracts awarded under subsection (a) for such fiscal year, 

24 a military department shall be entitled to obtain a percent25 age of such airlift equivalent to the percentage of the conVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 tribution of the military department to the transportation 

2 working capital fund for such fiscal year under subsection 

3 (e). 

4 ‘‘(2) A military department may transfer any entitle5 ment to airlift under paragraph (1) to any other military 

6 department or to any other agency, element, or component 

7 of the Department of Defense. 

8 ‘‘(g) SUNSET.—The authorities in this section shall 

9 expire on December 31, 2015.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of chapter 931 of such title is amended 

12 by adding at the end the following new item: 

‘‘9515. Airlift services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet.’’. 

13 SEC. 1027. PROVISION OF AIR FORCE SUPPORT AND SERV14 ICES TO FOREIGN MILITARY AND STATE AIR15 CRAFT. 

16 (a) PROVISION OF SUPPORT AND SERVICES.— 

17 (1) IN GENERAL.—Section 9626 of title 10, 

18 United States Code, is amended to read as follows: 

19 ‘‘§ 9626. Aircraft supplies and services: foreign mili20 tary or other state aircraft 

21 ‘‘(a) PROVISION OF SUPPLIES AND SERVICES ON RE22 IMBURSABLE BASIS.—(1) The Secretary of the Air Force 

23 may, under such regulations as the Secretary may pre24 scribe and when in the best interests of the United States, 


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1 provide any of the supplies or services described in para2 graph (2) to military and other state aircraft of a foreign 

3 country, on a reimbursable basis without an advance of 

4 funds, if similar supplies and services are furnished on a 

5 like basis to military aircraft and other state aircraft of 

6 the United States by the foreign country. 

7 ‘‘(2) The supplies and services described in this para8 graph are supplies and services as follows: 

9 ‘‘(A) Routine airport services, including landing 

10 and takeoff assistance, servicing aircraft with fuel, 

11 use of runways, parking and servicing, and loading 

12 and unloading of baggage and cargo. 

13 ‘‘(B) Miscellaneous supplies, including Air 

14 Force-owned fuel, provisions, spare parts, and gen15 eral stores, but not including ammunition. 

16 ‘‘(b) PROVISION OF ROUTINE AIRPORT SERVICES ON

17 NON-REIMBURSABLE BASIS.—(1) Routine airport serv18 ices may be provided under this section at no cost to a 

19 foreign country under circumstances as follows: 

20 ‘‘(A) If such services are provided by Air Force 

21 personnel and equipment without direct cost to the 

22 Air Force. 

23 ‘‘(B) If such services are provided under an 

24 agreement with the foreign country that provides for 

25 the reciprocal furnishing by the foreign country of 


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1 routine airport services to military and other state 

2 aircraft of the United States without reimbursement. 

3 ‘‘(2) If routine airport services are provided under 

4 this section by a working-capital fund activity of the Air 

5 Force under section 2208 of this title and such activity 

6 is not reimbursed directly for the costs incurred by the 

7 activity in providing such services by reason of paragraph 

8 (1)(B), the working-capital fund activity shall be reim9 bursed for such costs out of funds currently available to 

10 the Air Force for operation and maintenance.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of chapter 939 of such title 

13 is amended by striking the item relating to section 

14 9626 and inserting the following new item: 

‘‘9626. Aircraft supplies and services: foreign military or other state aircraft.’’. 

15 (b) CONFORMING AMENDMENT.—Section 9629(3) of 

16 such title is amended by striking ‘‘for aircraft of a foreign 

17 military or air attache ́’’. 

18 SEC. 1028. PARTICIPATION IN STRATEGIC AIRLIFT CAPA19 BILITY PARTNERSHIP. 

20 (a) AUTHORITY TO PARTICIPATE IN PARTNER21 SHIP.—The Secretary of Defense may— 

22 (1) enter into a multilateral memorandum of 

23 understanding authorizing the Strategic Airlift Ca24 pability Partnership to conduct activities necessary 

25 to accomplish its purpose, including— 


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1 (A) the acquisition, equipping, ownership, 

2 and operation of strategic airlift aircraft; and 

3 (B) the acquisition or transfer of airlift 

4 and airlift-related services and supplies among 

5 members of the Strategic Airlift Capability 

6 Partnership, or between the Partnership and 

7 non-member countries or international organi8 zations, on a reimbursable basis or by replace9 ment-in-kind or exchange of airlift or airlift-re10 lated services of an equal value; and 

11 (2) pay from funds available to the Department 

12 of Defense for such purpose the United States equi13 table share of the recurring and non-recurring costs 

14 of the activities and operations of the Strategic Air15 lift Capability Partnership, including costs associ16 ated with procurement of aircraft components and 

17 spare parts, maintenance, facilities, and training, 

18 and the costs of claims. 

19 (b) AUTHORITIES UNDER PARTNERSHIP.—In car20 rying out the memorandum of understanding entered into 

21 under subsection (a), the Secretary of Defense may do the 

22 following: 

23 (1) Waive reimbursement of the United States 

24 for the cost of the functions performed by DepartVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00315 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 ment of Defense personnel with respect to the Stra2 tegic Airlift Capability Partnership as follows: 

3 (A) Auditing. 

4 (B) Quality assurance. 

5 (C) Inspection. 

6 (D) Contract administration. 

7 (E) Acceptance testing. 

8 (F) Certification services. 

9 (G) Planning, programming, and manage10 ment services. 

11 (2) Waive the imposition of any surcharge for 

12 administrative services provided by the United 

13 States that would otherwise be chargeable against 

14 the Strategic Airlift Capability Partnership. 

15 (3) Pay the salaries, travel, lodging, and sub16 sistence expenses of Department of Defense per17 sonnel assigned for duty to the Strategic Airlift Ca18 pability Partnership without seeking reimbursement 

19 or cost-sharing for such expenses. 

20 (c) CREDITING OF RECEIPTS.—Any amount received 

21 by the United States in carrying out the memorandum of 

22 understanding entered into under subsection (a) shall be 

23 credited, as elected by the Secretary of Defense, to the 

24 following: 


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1 (1) The appropriation, fund, or account used in 

2 incurring the obligation for which such amount is re3 ceived. 

4 (2) An appropriation, fund, or account cur5 rently providing funds for the purposes for which 

6 such obligation was made. 

7 (d) AUTHORITY TO TRANSFER AIRCRAFT.— 

8 (1) IN GENERAL.—The Secretary of Defense is 

9 authorized to transfer one strategic airlift aircraft to 

10 the Strategic Airlift Capability Partnership in ac11 cordance with the terms and conditions of the 

12 memorandum of understanding entered into under 

13 subsection (a). 

14 (2) REPORT.—Not later than 30 days before 

15 the date on which the Secretary transfers a strategic 

16 airlift aircraft under paragraph (1), the Secretary 

17 shall submit to the congressional defense committees 

18 a report on the strategic airlift aircraft to be trans19 ferred, including the type of strategic airlift aircraft 

20 to be transferred and the tail registration or serial 

21 number of such aircraft. 

22 (e) STRATEGIC AIRLIFT CAPABILITY PARTNERSHIP

23 DEFINED.—In this section the term ‘‘Strategic Airlift Ca24 pability Partnership’’ means the strategic airlift capability 


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1 consortium established by the United States and other 

2 participating countries. 

3 SEC. 1029. RESPONSIBILITY OF THE AIR FORCE FOR FIXED4 WING SUPPORT OF ARMY INTRA-THEATER 

5 LOGISTICS. 

6 The Secretary of Defense shall, acting through the 

7 Chairman of the Joint Chiefs of Staff, prescribe directives 

8 or instructions to provide that the Air Force shall have 

9 responsibility for the missions and functions of fixed-wing 

10 support for Army intra-theater logistics. 

11 SEC. 1030. PROHIBITION ON SALE OF PARTS FOR F–14 

12 FIGHTER AIRCRAFT. 

13 (a) PROHIBITION ON SALE BY DEPARTMENT OF DE14 FENSE.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), the Department of Defense may not sell 

17 (whether directly or indirectly) any parts for F–14 

18 fighter aircraft, whether through the Defense Re19 utilization and Marketing Service or through another 

20 agency or element of the Department. 

21 (2) EXCEPTION.—Paragraph (1) shall not 

22 apply with respect to the sale of parts for F–14 

23 fighter aircraft to a museum or similar organization 

24 located in the United States that is involved in the 


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1 preservation of F–14 fighter aircraft for historical 

2 purposes. 

3 (b) PROHIBITION ON EXPORT LICENSE.—No license 

4 for the export of parts for F–14 fighter aircraft to a non5 United States person or entity may be issued by the 

6 United States Government. 

7 Subtitle D—Reports 

8 SEC. 1041. RENEWAL OF SUBMITTAL OF PLANS FOR 

9 PROMPT GLOBAL STRIKE CAPABILITY. 

10 Section 1032(b)(1) of the National Defense Author11 ization Act for Fiscal Year 2004 (Public Law 108–136; 

12 117 Stat. 1605; 10 U.S.C. 113 note) is amended by insert13 ing ‘‘and each of 2007, 2008, and 2009,’’ after ‘‘2004, 

14 2005, and 2006,’’. 

15 SEC. 1042. REPORT ON THREATS TO THE UNITED STATES 

16 FROM UNGOVERNED AREAS. 

17 (a) REPORT REQUIRED.—Not later than 120 days 

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

19 of Defense and the Secretary of State shall jointly, in co20 ordination with the Director of National Intelligence, sub21 mit to Congress a report on the threats posed to the 

22 United States from ungoverned areas, including the 

23 threats to the United States from terrorist groups and in24 dividuals located in such areas who direct their activities 

25 against the United States and its allies. 


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1 (b) ELEMENTS.—The report required by subsection 

2 (a) shall include the following: 

3 (1) A description of the intelligence capabilities 

4 and skills required by the United States Government 

5 to support United States policy aimed at managing 

6 the threats described in subsection (a), including, 

7 specifically, the technical, linguistic, and analytical 

8 capabilities and the skills required by the Depart9 ment of Defense and the Department of State. 

10 (2) An assessment of the extent to which the 

11 Department of Defense and the Department of State 

12 possess the capabilities described in paragraph (1) 

13 as well as the necessary resources and organization 

14 to support United States policy aimed at managing 

15 the threats described in subsection (a). 

16 (3) A description of the extent to which the im17 plementation of Department of Defense Directive 

18 3000.05, entitled ‘‘Military Support for Stability, 

19 Security, Transition, and Reconstruction Oper20 ations’’, will support United States policy for man21 aging such threats. 

22 (4) A description of the actions, if any, to be 

23 taken to improve the capabilities and skills of the 

24 Department of Defense and the Department of State 


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1 described in paragraph (1), and the schedule for im2 plementing any actions so described. 

3 SEC. 1043. STUDY ON NATIONAL SECURITY INTERAGENCY 

4 SYSTEM. 

5 (a) STUDY REQUIRED.—The Secretary of Defense 

6 shall enter into an agreement with an independent, non7 profit, non-partisan organization to conduct a study on the 

8 national security interagency system. 

9 (b) REPORT.—The agreement entered into under 

10 subsection (a) shall require the organization to submit to 

11 Congress and the President a report containing the results 

12 of the study conducted pursuant to such agreement and 

13 any recommendations for changes to the national security 

14 interagency system (including legislative or regulatory 

15 changes) identified by the organization as a result of the 

16 study. 

17 (c) SUBMITTAL DATE.—The agreement entered into 

18 under subsection (a) shall require the organization to sub19 mit the report required under subsection (a) not later than 

20 180 days after the date on which the Secretary makes 

21 funds available to the organization under subsection (e) 

22 for purposes of the study. 

23 (d) NATIONAL SECURITY INTERAGENCY SYSTEM DE24 FINED.—In this section, the term ‘‘national security inter25 agency system’’ means the structures, mechanisms, and 


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1 processes by which the departments, agencies, and ele2 ments of the Federal Government that have national secu3 rity missions coordinate and integrate their policies, capa4 bilities, expertise, and activities to accomplish such mis5 sions. 

6 (e) FUNDING.— 

7 (1) IN GENERAL.—Of the amount authorized to 

8 be appropriated by section 301(5) for operation and 

9 maintenance for Defense-wide activities, not more 

10 than $3,000,000 may be available to carry out this 

11 section. 

12 (2) MATCHING FUNDING REQUIREMENT.—The 

13 amount provided by the Secretary for the agreement 

14 entered into under subsection (a) may not exceed the 

15 value of contributions (whether money or in-kind 

16 contributions) obtained and provided by the organi17 zation for the study from non-government sources. 

18 Subtitle E—Other Matters 

19 SEC. 1061. 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. 1062. 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. 


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1 SEC. 1063. COMMUNICATIONS WITH THE COMMITTEES ON 

2 ARMED SERVICES OF THE SENATE AND THE 

3 HOUSE OF REPRESENTATIVES. 

4 (a) REQUESTS OF COMMITTEES.—The Director of 

5 the National Counterterrorism Center, the Director of a 

6 national intelligence center, or the head of any depart7 ment, agency, or element of the intelligence community 

8 shall, not later than 15 days after receiving a request from 

9 the Committee on Armed Services of the Senate or the 

10 Committee on Armed Services of the House of Represent11 atives for any intelligence assessment, report, estimate, 

12 legal opinion, or other intelligence information relating to 

13 matters within the jurisdiction of such Committee, make 

14 available to such committee such assessment, report, esti15 mate, legal opinion, or other information, as the case may 

16 be. 

17 (b) ASSERTION OF PRIVILEGE.—In response to a re18 quest covered by subsection (a), the Director of the Na19 tional Counterterrorism Center, the Director of a national 

20 intelligence center, or the head of any department, agency, 

21 or element of the intelligence community shall provide the 

22 document or information covered by such request unless 

23 the President certifies that such document or information 

24 is not being provided because the President is asserting 

25 a privilege pursuant to the Constitution of the United 

26 States. 


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1 (c) INDEPENDENT TESTIMONY OF INTELLIGENCE

2 OFFICIALS.—No officer, department, agency, or element 

3 within the Executive branch shall have any authority to 

4 require the head of any department, agency, or element 

5 of the intelligence community, or any designate of such 

6 a head— 

7 (1) to receive permission to testify before the 

8 Committee on Armed Services of the Senate or the 

9 Committee on Armed Services of the House of Rep10 resentatives; or 

11 (2) to submit testimony, legislative rec12 ommendations, or comments to any officer or agency 

13 of the Executive branch for approval, comments, or 

14 review prior to the submission of such recommenda15 tions, testimony, or comments to the Committee on 

16 Armed Services of the Senate or the Committee on 

17 Armed Services of the House of Representatives if 

18 such testimony, legislative recommendations, or com19 ments include a statement indicating that the views 

20 expressed therein are those of the head of the de21 partment, agency, or element of the intelligence com22 munity that is making the submission and do not 

23 necessarily represent the views of the Administra24 tion. 


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1 SEC. 1064. REPEAL OF STANDARDS FOR DISQUALIFICATION 

2 FROM ISSUANCE OF SECURITY CLEARANCES 

3 BY THE DEPARTMENT OF DEFENSE. 

4 (a) REPEAL.—Section 986 of title 10, United States 

5 Code, is repealed. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of chapter 49 of such title is amended 

8 by striking the item relating to section 986. 

9 SEC. 1065. 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 

26 legal, operational, and organizational aspects of the 


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1 management of the consequences of a chemical, bio2 logical, radiological, nuclear, or high-yield explosive 

3 incident. 

4 (2) DEADLINE FOR APPOINTMENT.—All mem5 bers of the advisory panel shall be appointed under 

6 this subsection not later than 30 days after the date 

7 on which the Secretary enters into the contract re8 quired by subsection (c). 

9 (3) INITIAL MEETING.—The advisory panel 

10 shall conduct its first meeting not later than 30 days 

11 after the date that all appointments to the panel 

12 have been made under this subsection. 

13 (4) PROCEDURES.—The advisory panel shall 

14 carry out its duties under this section under proce15 dures established under subsection (c) by the feder16 ally funded research and development center with 

17 which the Secretary contracts under that subsection. 

18 Such procedures shall include procedures for the se19 lection of a chairman of the advisory panel from 

20 among its members. 

21 (c) SUPPORT OF FEDERALLY FUNDED RESEARCH

22 AND DEVELOPMENT CENTER.— 

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

24 shall enter into a contract with a federally funded 

25 research and development center for the provision of 


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1 support and assistance to the advisory panel re2 quired by subsection (a) in carrying out its duties 

3 under this section. Such support and assistance shall 

4 include the establishment of the procedures of the 

5 advisory panel under subsection (b)(4). 

6 (2) DEADLINE FOR CONTRACT.—The Secretary 

7 shall enter into the contract required by this sub8 section not later than 60 days after the date of the 

9 enactment of this Act. 

10 (d) DUTIES OF PANEL.—The advisory panel required 

11 by subsection (a) shall— 

12 (1) evaluate the authorities and capabilities of 

13 the Department of Defense to conduct operations in 

14 support to United States civil authorities in the 

15 event of a chemical, biological, radiological, nuclear, 

16 or high-yield explosive incident, including the au17 thorities and capabilities of the military depart18 ments, the Defense Agencies, the combatant com19 mands, any supporting commands, and the reserve 

20 components of the Armed Forces (including the Na21 tional Guard in a Federal and non-Federal status); 

22 (2) assess the adequacy of existing plans and 

23 programs of the Department of Defense for training 

24 and equipping dedicated, special, and general pur25 poses forces for conducting operations described in 


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1 paragraph (1) across a broad spectrum of scenarios, 

2 including current National Planning Scenarios as 

3 applicable; 

4 (3) assess policies, directives, and plans of the 

5 Department of Defense in support of civilian au6 thorities in managing the consequences of a chem7 ical, biological, radiological, nuclear, or high-yield ex8 plosive incident. 

9 (4) assess the adequacy of policies and struc10 tures of the Department of Defense for coordination 

11 with other department and agencies of the Federal 

12 Government, especially the Department of Homeland 

13 Security, the Department of Energy, the Depart14 ment of Justice, and the Department of Health and 

15 Human Services, in the provision of support de16 scribed in paragraph (1); 

17 (5) assess the adequacy and currency of infor18 mation available to the Department of Defense, 

19 whether directly or through other departments and 

20 agencies of the Federal Government, from State and 

21 local governments in circumstances where the De22 partment provides support described in paragraph 

23 (1) because State and local response capabilities are 

24 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); and 

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 (e) COOPERATION OF OTHER AGENCIES.— 

10 (1) IN GENERAL.—The advisory panel required 

11 by subsection (a) may secure directly from the De12 partment of Defense, the Department of Homeland 

13 Security, the Department of Energy, the Depart14 ment of Justice, the Department of Health and 

15 Human Services, and any other department or agen16 cy of the Federal Government information that the 

17 panel considers necessary for the panel to carry out 

18 its duties. 

19 (2) COOPERATION.—The Secretary of Defense, 

20 the Secretary of Homeland Secretary, the Secretary 

21 of Energy, the Attorney General, the Secretary of 

22 Health and Human Services, and any other official 

23 of the United States shall provide the advisory panel 

24 with full and timely cooperation in carrying out its 

25 duties under this section. 


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1 (f) REPORT.—Not later than 12 months after the 

2 date of the initial meeting of the advisory panel required 

3 by subsection (a), the advisory panel shall submit to the 

4 Secretary of Defense, and to the Committees on Armed 

5 Services of the Senate and the House of Representatives, 

6 a report on activities under this section. The report shall 

7 set forth— 

8 (1) the findings, conclusions, and recommenda9 tions of the advisory panel for improving the capa10 bilities of the Department of Defense to provide sup11 port to United States civil authorities in the event 

12 of a chemical, biological, radiological, nuclear, or 

13 high-yield explosive incident; and 

14 (2) such other findings, conclusions, and rec15 ommendations for improving the capabilities of the 

16 Department for homeland defense as the advisory 

17 panel considers appropriate. 

18 SEC. 1066. SENSE OF CONGRESS ON THE WESTERN HEMI19 SPHERE INSTITUTE FOR SECURITY CO20 OPERATION. 

21 It is the sense of Congress that— 

22 (1) the education and training facility of the 

23 Department of Defense known as the Western 

24 Hemisphere Institute for Security Cooperation has 

25 the mission of providing professional education and 


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1 training to eligible military personnel, law enforce2 ment officials, and civilians of nations of the West3 ern Hemisphere that support the democratic prin4 ciples set forth in the Charter of the Organization 

5 of American States, while fostering mutual knowl6 edge, transparency, confidence, and cooperation 

7 among the participating nations and promoting 

8 democratic values and respect for human rights; and 

9 (2) therefore, the Institute is an invaluable edu10 cation and training facility which continues to foster 

11 a spirit of partnership and interoperability among 

12 the United States military and the militaries of par13 ticipating nations. 

14 SEC. 1067. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 

15 STATES CODE, ARISING FROM ENACTMENT 

16 OF THE INTELLIGENCE REFORM AND TER17 RORISM PREVENTION ACT OF 2004. 

18 (a) REFERENCES TO HEAD OF INTELLIGENCE COM19 MUNITY.— 

20 (1) REFERENCES.—Title 10, United States 

21 Code, is amended by striking ‘‘Director of Central 

22 Intelligence’’ each place it appears in the following 

23 provisions and inserting ‘‘Director of National Intel24 ligence’’: 

25 (A) Section 192(c)(2). 


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1 (B) Section 193. 

2 (C) Section 201(a). 

3 (D) Section 201(c)(1). 

4 (E) Section 425(a). 

5 (F) Section 426. 

6 (G) Section 441. 

7 (H) Section 443(d). 

8 (I) Section 2273(b)(1). 

9 (J) Section 2723(a). 

10 (2) CAPTION AMENDMENTS.—Title 10, United 

11 States Code, is further amended by striking ‘‘DIREC12 TOR OF CENTRAL INTELLIGENCE’’ each place it ap13 pears in the heading of the following provisions and 

14 inserting ‘‘DIRECTOR OF NATIONAL INTEL15 LIGENCE’’: 

16 (A) Section 441(c). 

17 (B) Section 443(d). 

18 (b) REFERENCES TO HEAD OF CENTRAL INTEL19 LIGENCE AGENCY.—Title 10, United States Code, is fur20 ther amended by striking ‘‘Director of Central Intel21 ligence’’ each place it appears in the following provisions 

22 and inserting ‘‘Director of the Central Intelligence Agen23 cy’’: 

24 (1) Section 431(b)(1). 

25 (2) Section 444. 


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1 (3) Section 1089(g)(1). 

2 (c) OTHER AMENDMENTS.—Section 201 of title 10, 

3 United States Code, is further amended— 

4 (1) in paragraph (1) of subsection (b), by strik5 ing ‘‘Before submitting’’ and all that follows and in6 serting ‘‘In the event of a vacancy in a position re7 ferred to in paragraph (2), the making by the Sec8 retary of Defense of a recommendation to the Presi9 dent regarding the appointment of an individual to 

10 such position shall be governed by the provisions of 

11 section 106(b) of the National Security Act of 1947 

12 (50 U.S.C. 403–6(b)), relating to the concurrence of 

13 the Director of National Intelligence in appoint14 ments to positions in the intelligence community.’’; 

15 and 

16 (2) in subsection (c), by striking ‘‘National For17 eign Intelligence Program’’ and inserting ‘‘National 

18 Intelligence Program’’. 

19 SEC. 1068. ESTABLISHMENT OF NATIONAL FOREIGN LAN20 GUAGE COORDINATION COUNCIL. 

21 (a) ESTABLISHMENT.—There is established in the 

22 Executive Office of the President a National Foreign Lan23 guage Coordination Council (in this section referred to as 

24 the ‘‘Council’’). 


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1 (b) MEMBERSHIP.—The Council shall consist of the 

2 following members or their designees: 

3 (1) The National Language Director, who shall 

4 serve as the chairperson of the Council. 

5 (2) The Secretary of Education. 

6 (3) The Secretary of Defense. 

7 (4) The Secretary of State. 

8 (5) The Secretary of Homeland Security. 

9 (6) The Attorney General. 

10 (7) The Director of National Intelligence. 

11 (8) The Secretary of Labor. 

12 (9) The Director of the Office of Personnel 

13 Management. 

14 (10) The Director of the Office of Management 

15 and Budget. 

16 (11) The Secretary of Commerce. 

17 (12) The Secretary of Health and Human Serv18 ices. 

19 (13) The Secretary of the Treasury. 

20 (14) The Secretary of Housing and Urban De21 velopment. 

22 (15) The Secretary of Agriculture. 

23 (16) The Chairman and President of the Ex24 port-Import Bank of the United States. 


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1 (17) The heads of such other Federal agencies 

2 as the Council considers appropriate. 

3 (c) RESPONSIBILITIES.— 

4 (1) IN GENERAL.—The Council shall be 

5 charged with— 

6 (A) overseeing, coordinating, and imple7 menting the National Security Language Initia8 tive; 

9 (B) developing a national foreign language 

10 strategy, building upon the efforts of the Na11 tional Security Language Initiative, within 18 

12 months after the date of the enactment of this 

13 Act, in consultation with— 

14 (i) State and local government agen15 cies; 

16 (ii) academic sector institutions; 

17 (iii) foreign language related interest 

18 groups; 

19 (iv) business associations; 

20 (v) industry; 

21 (vi) heritage associations; and 

22 (vii) other relevant stakeholders; 

23 (C) conducting a survey of the status of 

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1 pertise and agency needs for such expertise; 

2 and 

3 (D) monitoring the implementation of such 

4 strategy through— 

5 (i) application of current and recently 

6 enacted laws; and 

7 (ii) the promulgation and enforcement 

8 of rules and regulations. 

9 (2) STRATEGY CONTENT.—The strategy devel10 oped under paragraph (1) shall include— 

11 (A) recommendations for amendments to 

12 title 5, United States Code, in order to improve 

13 the ability of the Federal Government to recruit 

14 and retain individuals with foreign language 

15 proficiency and provide foreign language train16 ing for Federal employees; 

17 (B) the long term goals, anticipated effect, 

18 and needs of the National Security Language 

19 Initiative; 

20 (C) identification of crucial priorities 

21 across all sectors; 

22 (D) identification and evaluation of Fed23 eral foreign language programs and activities, 

24 including— 


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1 (i) any duplicative or overlapping pro2 grams that may impede efficiency; 

3 (ii) recommendations on coordination; 

4 (iii) program enhancements; and 

5 (iv) allocation of resources so as to 

6 maximize use of resources; 

7 (E) needed national policies and cor8 responding legislative and regulatory actions in 

9 support of, and allocation of designated re10 sources to, promising programs and initiatives 

11 at all levels (Federal, State, and local), espe12 cially in the less commonly taught languages 

13 that are seen as critical for national security 

14 and global competitiveness during the next 20 

15 to 50 years; 

16 (F) effective ways to increase public aware17 ness of the need for foreign language skills and 

18 career paths in all sectors that can employ 

19 those skills, with the objective of increasing 

20 support for foreign language study among— 

21 (i) Federal, State, and local leaders; 

22 (ii) students; 

23 (iii) parents; 

24 (iv) elementary, secondary, and post25 secondary educational institutions; and 


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1 (v) employers; 

2 (G) recommendations for incentives for re3 lated educational programs, including foreign 

4 language teacher training; 

5 (H) coordination of cross-sector efforts, in6 cluding public-private partnerships; 

7 (I) coordination initiatives to develop a 

8 strategic posture for language research and rec9 ommendations for funding for applied foreign 

10 language research into issues of national con11 cern; 

12 (J) recommendations for assistance for— 

13 (i) the development of foreign lan14 guage achievement standards; and 

15 (ii) corresponding assessments for the 

16 elementary, secondary, and postsecondary 

17 education levels, including the National As18 sessment of Educational Progress in for19 eign languages; 

20 (K) recommendations for development of— 

21 (i) language skill-level certification 

22 standards; 

23 (ii) frameworks for pre-service and 

24 professional development study for those 

25 who teach foreign language; 


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1 (iii) suggested graduation criteria for 

2 foreign language studies and appropriate 

3 non-language studies, such as— 

4 (I) international business; 

5 (II) national security; 

6 (III) public administration; 

7 (IV) health care; 

8 (V) engineering; 

9 (VI) law; 

10 (VII) journalism; and 

11 (VIII) sciences; 

12 (L) identification of and means for repli13 cating best practices at all levels and in all sec14 tors, including best practices from the inter15 national community; and 

16 (M) recommendations for overcoming bar17 riers in foreign language proficiency. 

18 (3) NATIONAL SECURITY LANGUAGE INITIA19 TIVE.—The term ‘‘National Security Language Ini20 tiative’’ means the comprehensive national plan of 

21 the President announced on January 5, 2006, and 

22 under the direction of the Secretaries of State, Edu23 cation, and Defense and the Director of National In24 telligence to expand foreign language education for 

25 national security purposes in the United States. 


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1 (d) SUBMISSION OF STRATEGY TO PRESIDENT AND

2 CONGRESS.—Not later than 18 months after the date of 

3 enactment of this section, the Council shall prepare and 

4 transmit to the President and the relevant committees of 

5 Congress the strategy required under subsection (c). 

6 (e) MEETINGS.—The Council may hold such meet7 ings, and sit and act at such times and places, as the 

8 Council considers appropriate, but shall meet in formal 

9 session at least 2 times a year. State and local government 

10 agencies and other organizations (such as academic sector 

11 institutions, foreign language-related interest groups, 

12 business associations, industry, and heritage community 

13 organizations) shall be invited, as appropriate, to public 

14 meetings of the Council at least once a year. 

15 (f) STAFF.— 

16 (1) IN GENERAL.—The Director may— 

17 (A) appoint, without regard to the provi18 sions of title 5, United States Code, governing 

19 the competitive service, such personnel as the 

20 Director considers necessary; and 

21 (B) compensate such personnel without re22 gard to the provisions of chapter 51 and sub23 chapter III of chapter 53 of that title. 

24 (2) DETAIL OF GOVERNMENT EMPLOYEES.— 

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1 ment employee may be detailed to the Council with2 out reimbursement, and such detail shall be without 

3 interruption or loss of civil service status or privilege 

4 (3) EXPERTS AND CONSULTANTS.—With the 

5 approval of the Council, the Director may procure 

6 temporary and intermittent services under section 

7 3109(b) of title 5, United States Code. 

8 (4) TRAVEL EXPENSES.—Council members and 

9 staff shall be allowed travel expenses, including per 

10 diem in lieu of subsistence, at rates authorized for 

11 employees of agencies under subchapter I of chapter 

12 57 of title 5, United States Code, while away from 

13 their homes or regular places of business in the per14 formance of services for the Council. 

15 (5) SECURITY CLEARANCE.— 

16 (A) IN GENERAL.—Subject to subpara17 graph (B), the appropriate Federal agencies or 

18 departments shall cooperate with the Council in 

19 expeditiously providing to the Council members 

20 and staff appropriate security clearances to the 

21 extent possible pursuant to existing procedures 

22 and requirements. 

23 (B) EXCEPTION.—No person shall be pro24 vided with access to classified information 


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1 under this section without the appropriate re2 quired security clearance access. 

3 (6) COMPENSATION.—The rate of pay for any 

4 employee of the Council (including the Director) 

5 may not exceed the rate payable for level V of the 

6 Executive Schedule under section 5316 of title 5, 

7 United States Code. 

8 (g) POWERS.— 

9 (1) DELEGATION.—Any member or employee of 

10 the Council may, if authorized by the Council, take 

11 any action that the Council is authorized to take in 

12 this section. 

13 (2) INFORMATION.— 

14 (A) COUNCIL AUTHORITY TO SECURE.— 

15 The Council may secure directly from any Fed16 eral agency such information, consistent with 

17 Federal privacy laws, including The Family 

18 Educational Rights and Privacy Act (20 U.S.C. 

19 1232g) and Department of Education’s General 

20 Education Provisions Act (20 U.S.C. 1232(h)), 

21 the Council considers necessary to carry out its 

22 responsibilities. 

23 (B) REQUIREMENT TO FURNISH RE24 QUESTED INFORMATION.—Upon request of the 


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1 Director, the head of such agency shall furnish 

2 such information to the Council. 

3 (3) DONATIONS.—The Council may accept, use, 

4 and dispose of gifts or donations of services or prop5 erty. 

6 (4) MAIL.—The Council may use the United 

7 States mail in the same manner and under the same 

8 conditions as other Federal agencies. 

9 (h) CONFERENCES, NEWSLETTER, AND WEBSITE.— 

10 In carrying out this section, the Council— 

11 (1) may arrange Federal, regional, State, and 

12 local conferences for the purpose of developing and 

13 coordinating effective programs and activities to im14 prove foreign language education; 

15 (2) may publish a newsletter concerning Fed16 eral, State, and local programs that are effectively 

17 meeting the foreign language needs of the nation; 

18 and 

19 (3) shall create and maintain a website con20 taining information on the Council and its activities, 

21 best practices on language education, and other rel22 evant information. 

23 (i) ANNUAL REPORT.— 

24 (1) REQUIREMENT.—Not later than 90 days 

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1 nually thereafter, the Council shall prepare and 

2 transmit to the President and the relevant commit3 tees of Congress a report that describes— 

4 (A) the activities of the Council; 

5 (B) the efforts of the Council to improve 

6 foreign language education and training; and 

7 (C) impediments to the use of a National 

8 Foreign Language program, including any stat9 utory and regulatory restrictions. 

10 (2) RELEVANT COMMITTEES.—For purposes of 

11 paragraph (1), the relevant committees of Congress 

12 include— 

13 (A) in the House of Representatives— 

14 (i) the Committee on Appropriations; 

15 (ii) the Committee on Armed Services; 

16 (iii) the Committee on Education and 

17 Labor; 

18 (iv) the Committee on Oversight and 

19 Government Reform; 

20 (v) the Committee on Small Business; 

21 (vi) the Committee on Foreign Af22 fairs; and 

23 (vii) the Permanent Select Committee 

24 on Intelligence; 

25 (B) in the Senate— 


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1 (i) the Committee on Appropriations; 

2 (ii) the Committee on Armed Services; 

3 (iii) the Committee on Health, Edu4 cation, Labor, and Pensions; 

5 (iv) the Committee on Homeland Se6 curity and Governmental Affairs; 

7 (v) the Committee on Foreign Rela8 tions; and 

9 (vi) the Select Committee on Intel10 ligence. 

11 (j) ESTABLISHMENT OF A NATIONAL LANGUAGE DI12 RECTOR.— 

13 (1) IN GENERAL.—There is established a Na14 tional Language Director who shall be appointed by 

15 the President. The National Language Director shall 

16 be a nationally recognized individual with credentials 

17 and abilities across the sectors to be involved with 

18 creating and implementing long-term solutions to 

19 achieving national foreign language and cultural 

20 competency. 

21 (2) RESPONSIBILITIES.—The National Lan22 guage Director shall— 

23 (A) develop and monitor the implementa24 tion of a national foreign language strategy, 


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1 built upon the efforts of the National Security 

2 Language Initiative, across all sectors; 

3 (B) establish formal relationships among 

4 the major stakeholders in meeting the needs of 

5 the Nation for improved capabilities in foreign 

6 languages and cultural understanding, including 

7 Federal, State, and local government agencies, 

8 academia, industry, labor, and heritage commu9 nities; and 

10 (C) coordinate and lead a public informa11 tion campaign that raises awareness of public 

12 and private sector careers requiring foreign lan13 guage skills and cultural understanding, with 

14 the objective of increasing interest in and sup15 port for the study of foreign languages among 

16 national leaders, the business community, local 

17 officials, parents, and individuals. 

18 (k) ENCOURAGEMENT OF STATE INVOLVEMENT.— 

19 (1) STATE CONTACT PERSONS.—The Council 

20 shall consult with each State to provide for the des21 ignation by each State of an individual to serve as 

22 a State contact person for the purpose of receiving 

23 and disseminating information and communications 

24 received from the Council. 


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1 (2) STATE INTERAGENCY COUNCILS AND LEAD

2 AGENCIES.—Each State is encouraged to establish a 

3 State interagency council on foreign language co4 ordination or designate a lead agency for the State 

5 for the purpose of assuming primary responsibility 

6 for coordinating and interacting with the Council 

7 and State and local government agencies as nec8 essary. 

9 (l) CONGRESSIONAL NOTIFICATION.—The Council 

10 shall provide to Congress such information as may be re11 quested by Congress, through reports, briefings, and other 

12 appropriate means. 

13 SEC. 1069. QUALIFICATIONS FOR PUBLIC AIRCRAFT STA14 TUS OF AIRCRAFT UNDER CONTRACT WITH 

15 THE ARMED FORCES. 

16 (a) DEFINITION OF PUBLIC AIRCRAFT.—Section 

17 40102(a)(41)(E) of title 49, United States Code, is 

18 amended— 

19 (1) by inserting ‘‘or an operational support 

20 service’’ after ‘‘transportation’’; and 

21 (2) by adding at the end the following new sen22 tence: ‘‘The term ‘an operational support service’ 

23 means a mission performed by an aircraft operator 

24 that uses fixed or rotary winged aircraft to provide 

25 a service other than transportation.’’. 


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1 (b) ARMED FORCES OPERATIONAL MISSION.—Sec2 tion 40125(c) of such title is amended— 

3 (1) in paragraph (1)(C), by inserting ‘‘or an 

4 operational support service’’ after ‘‘transportation’’; 

5 and 

6 (2) by adding at the end the following new 

7 paragraph: 

8 ‘‘(3) COMPLIANCE WITH FEDERAL AVIATION

9 REGULATIONS.—If the Secretary of Defense (or the 

10 Secretary of the department in which the Coast 

11 Guard is operating) does not make a designation 

12 under paragraph (1)(C) with regard to a chartered 

13 aircraft, the transportation or operational support 

14 service provided to the armed forces by such aircraft 

15 shall be in compliance with the Federal Aviation 

16 Regulations under title 14, Code of Federal Regula17 tions.’’. 

18 (c) TECHNICAL CORRECTIONS.— 

19 (1) Section 40125(b) of such title is amended 

20 by striking ‘‘40102(a)(37)’’ and inserting 

21 ‘‘40102(a)(41)’’. 

22 (2) Section 40125(c)(1) of such title is amend23 ed by striking ‘‘40102(a)(37)(E)’’ appears and in24 serting ‘‘40102(a)(41)(E)’’. 


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1 TITLE XI—CIVILIAN PERSONNEL 

2 MATTERS 

3 SEC. 1101. COMPENSATION OF FEDERAL WAGE SYSTEM EM4 PLOYEES FOR CERTAIN TRAVEL HOURS. 

5 Section 5544(a) of title 5, United States Code, is 

6 amended in the third sentence in the matter following 

7 paragraph (3) by inserting ‘‘, including travel by the em8 ployee to such event and the return of the employee from 

9 such event to the employee’s official duty station,’’ after 

10 ‘‘event’’. 

11 SEC. 1102. RETIREMENT SERVICE CREDIT FOR SERVICE AS 

12 CADET OR MIDSHIPMAN AT A MILITARY 

13 SERVICE ACADEMY. 

14 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 

15 8331(13) of title 5, United States Code, is amended by 

16 striking ‘‘but’’ and inserting ‘‘and includes service as a 

17 cadet at the United States Military Academy, the United 

18 States Air Force Academy, or the United States Coast 

19 Guard Academy, or as a midshipman at the United States 

20 Naval Academy, but’’. 

21 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 

22 Section 8401(31) of such title is amended by striking 

23 ‘‘but’’ and inserting ‘‘and includes service as a cadet at 

24 the United States Military Academy, the United States 

25 Air Force Academy, or the United States Coast Guard 


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1 Academy, or as a midshipman at the United States Naval 

2 Academy, but’’. 

3 (c) APPLICABILITY.—The amendments made by this 

4 section shall apply to— 

5 (1) any annuity, eligibility for which is based 

6 upon a separation occurring before, on, or after the 

7 date of enactment of this Act; and 

8 (2) any period of service as a cadet at the 

9 United States Military Academy, the United States 

10 Air Force Academy, or the United States Coast 

11 Guard Academy, or as a midshipman at the United 

12 States Naval Academy, occurring before, on, or after 

13 the date of enactment of this Act. 

14 SEC. 1103. CONTINUATION OF LIFE INSURANCE COVERAGE 

15 FOR FEDERAL EMPLOYEES CALLED TO AC16 TIVE DUTY. 

17 Section 8706(b) of title 5, United States Code, is 

18 amended by adding at the end the following new para19 graph: 

20 ‘‘(5) In the case of an employee enrolled in life insur21 ance under this chapter who is a member of a reserve com22 ponent of the armed forces called or ordered to active 

23 duty, is placed on leave without pay to perform active duty 

24 pursuant to such call or order, and serves on active duty 

25 pursuant to such call or order for a period of more than 


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1 30 consecutive days, the life insurance of the employee 

2 under this chapter may continue for up to 24 months after 

3 discontinuance of pay by reason of the performance of 

4 such active duty.’’. 

5 SEC. 1104. DEPARTMENT OF DEFENSE NATIONAL SECURITY 

6 PERSONNEL SYSTEM. 

7 (a) EXCLUSION OF WAGE-GRADE EMPLOYEES.— 

8 Subsection (b) of section 9902 of title 5, United States 

9 Code, is amended— 

10 (1) by redesignating paragraphs (4), (5), and 

11 (6) as paragraphs (5), (6), and (7), respectively; and 

12 (2) by inserting after paragraph (3) the fol13 lowing new paragraph (4): 

14 ‘‘(4) not apply to any prevailing rate employees, 

15 as defined in section 5342(a)(2);’’. 

16 (b) CLARIFICATION OF REQUIREMENTS REGARDING

17 LABOR-MANAGEMENT RELATIONS.— 

18 (1) IN GENERAL.—Such section is further 

19 amended by striking subsection (m). 

20 (2) CONFORMING AMENDMENTS.—Such section 

21 is further amended— 

22 (A) in subsection (f)(1)(D)(i), by inserting 

23 ‘‘subject to the requirements of chapter 71,’’ 

24 before ‘‘develop a method’’; and 

25 (B) in subsection (g)(2)— 


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1 (i) in subparagraph (B), by inserting 

2 ‘‘and’’ at the end; 

3 (ii) in subparagraph (C), by striking 

4 ‘‘; and’’ and inserting a period; and 

5 (iii) by striking subparagraph (D). 

6 (3) CONSTRUCTION OF PAY ESTABLISHMENT

7 OR ADJUSTMENT.—Subsection (e) of such section is 

8 amended by adding at the end the following new 

9 paragraph: 

10 ‘‘(6) Any rate of pay established or adjusted in ac11 cordance with the requirements of this section shall be a 

12 matter covered by section 7103(a)(14)(C) of this title.’’. 

13 SEC. 1105. AUTHORITY TO WAIVE LIMITATION ON PREMIUM 

14 PAY FOR FEDERAL CIVILIAN EMPLOYEES 

15 WORKING OVERSEAS UNDER AREAS OF 

16 UNITED STATES CENTRAL COMMAND. 

17 (a) WAIVER AUTHORITY.— 

18 (1) IN GENERAL.—Notwithstanding section 

19 5547 of title 5, United States Code, during 2008, 

20 the head of an Executive agency (as that term is de21 fined in section 105 of title 5, United States Code) 

22 may waive limitations on total compensation, includ23 ing limitations on the aggregate of basic pay and 

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1 tion that is in the area of responsibility of the Com2 mander of the United States Central Command in 

3 direct support of, or directly related to— 

4 (A) a military operation, including a con5 tingency operation; or 

6 (B) an operation in response to a declared 

7 emergency. 

8 (2) LIMITATION.—The total compensation pay9 able to an employee pursuant to a waiver under this 

10 subsection in a calendar year may not exceed 

11 $212,100. 

12 (b) ADDITIONAL PAY NOT CONSIDERED BASIC

13 PAY.—To the extent that a waiver under subsection (a) 

14 results in payment of additional premium pay of a type 

15 that is normally creditable as basic pay for retirement or 

16 any other purpose, such additional pay shall not be consid17 ered to be basic pay for any purpose, nor shall such addi18 tional pay be used in computing a lump-sum payment for 

19 accumulated and accrued annual leave under section 5551 

20 of title 5, United States Code. 

21 (c) REGULATIONS.—The Director of the Office of 

22 Personnel Management may prescribe regulations to en23 sure appropriate consistency among heads of Executive 

24 agencies in the exercise of the authority granted by this 

25 section. 


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1 SEC. 1106. AUTHORITY FOR INCLUSION OF CERTAIN OF2 FICE OF DEFENSE RESEARCH AND ENGI3 NEERING POSITIONS IN EXPERIMENTAL PER4 SONNEL PROGRAM FOR SCIENTIFIC AND 

5 TECHNICAL PERSONNEL. 

6 Section 1101(b)(1) of the Strom Thurmond National 

7 Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 

8 3104 note) is amended— 

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

10 the end; 

11 (2) in subparagraph (C), by adding ‘‘and’’ at 

12 the end; and 

13 (3) by adding after subparagraph (C) the fol14 lowing new subparagraph (D): 

15 ‘‘(D) not more than a total of 20 scientific 

16 and engineering positions in the Office of the 

17 Director of Defense Research and Engineer18 ing;’’. 


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1 TITLE XII—MATTERS RELATING 

2 TO FOREIGN NATIONS 

3 Subtitle A—Assistance and 

4 Training 

5 SEC. 1201. AUTHORITY TO EQUIP AND TRAIN FOREIGN PER6 SONNEL TO ASSIST IN ACCOUNTING FOR 

7 MISSING UNITED STATES PERSONNEL. 

8 (a) IN GENERAL.—Chapter 20 of title 10, United 

9 States Code, is amended by adding at the end the fol10 lowing new section: 

11 ‘‘§ 408. Equipment and training of foreign personnel 

12 to assist in Department of Defense ac13 counting for missing United States per14 sonnel 

15 ‘‘(a) IN GENERAL.—The Secretary of Defense may, 

16 with the concurrence of the Secretary of State, provide 

17 assistance to any foreign nation to assist the Department 

18 of Defense with recovery of and accounting for missing 

19 United States personnel. 

20 ‘‘(b) TYPES OF ASSISTANCE.—The assistance pro21 vided under subsection (a) may include the following: 

22 ‘‘(1) Equipment. 

23 ‘‘(2) Supplies. 

24 ‘‘(3) Services. 

25 ‘‘(4) Training of personnel. 


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1 ‘‘(c) LIMITATION.—The amount of assistance pro2 vided under this section in any fiscal year may not exceed 

3 $1,000,000. 

4 ‘‘(d) 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 ‘‘(e) 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 statement of each foreign nation pro16 vided 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 personnel.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect on October 1, 2007. 


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1 SEC. 1202. EXTENSION AND ENHANCEMENT OF AUTHORITY 

2 FOR SECURITY AND STABILIZATION ASSIST3 ANCE. 

4 (a) INCREASE IN AMOUNT OF AUTHORIZED ASSIST5 ANCE.—Subsection (b) of section 1207 of the National 

6 Defense Authorization Act for Fiscal Year 2006 (Public 

7 Law 109–163; 119 Stat. 3458) is amended by striking 

8 ‘‘$100,000,000’’ and inserting ‘‘$200,000,000’’. 

9 (b) PROGRAM FOR ASSISTANCE.—Such section is fur10 ther amended— 

11 (1) by redesignating subsections (d), (e), and 

12 (f) as subsection (e), (f), and (g), respectively; and 

13 (2) by inserting after subsection (c) the fol14 lowing new subsection (d): 

15 ‘‘(d) FORMULATION AND IMPLEMENTATION OF PRO16 GRAM FOR ASSISTANCE.—The Secretary of State shall co17 ordinate with the Secretary of Defense in the formulation 

18 and implementation of a program of reconstruction, secu19 rity, or stabilization assistance to a foreign country that 

20 involves the provision of services or transfer of defense ar21 ticles or funds under subsection (a).’’. 

22 (c) ONE-YEAR EXTENSION.—Subsection (g) of such 

23 section, as redesignated by subsection (b) of this section, 

24 is amended by striking ‘‘September 30, 2007’’ and insert25 ing ‘‘September 30, 2008’’. 


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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on October 1, 2007. 

3 SEC. 1203. COMMANDERS’ EMERGENCY RESPONSE PRO4 GRAM. 

5 (a) AUTHORITY FOR FISCAL YEAR 2008.—During 

6 fiscal year 2008, from funds made available to the Depart7 ment of Defense for operation and maintenance for such 

8 fiscal year, not to exceed $977,441,000 may be used by 

9 the Secretary of Defense in such fiscal year to provide 

10 funds— 

11 (1) for the Commanders’ Emergency Response 

12 Program in Iraq for the purpose of enabling United 

13 States military commanders in Iraq to respond to 

14 urgent humanitarian relief and reconstruction re15 quirements within their areas of responsibility by 

16 carrying out programs that will immediately assist 

17 the Iraqi people; and 

18 (2) for a similar program to assist the people 

19 of Afghanistan. 

20 (b) WAIVER AUTHORITY.—For purposes of exercising 

21 the authority provided by this section or any other provi22 sion of law making funds available for the Commanders’ 

23 Emergency Response Program in Iraq or any similar pro24 gram to assist the people of Afghanistan, the Secretary 

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1 tion that would (but for the waiver) prohibit, restrict, 

2 limit, or otherwise constrain the exercise of that authority. 

3 (c) QUARTERLY REPORTS.—Not later than 15 days 

4 after the end of each fiscal-year quarter of fiscal year 

5 2008, the Secretary shall submit to the congressional de6 fense committees a report regarding the source of funds 

7 and the allocation and use of funds during that quarter 

8 that were made available pursuant to the authority pro9 vided in this section or under any other provision of law 

10 for the purposes of the programs referred to in subsection 

11 (a). 

12 (d) SUBMITTAL OF MODIFICATIONS OF GUIDANCE.— 

13 In the event any modification is made after the date of 

14 the enactment of this Act in the guidance issued to the 

15 Armed Forces by the Under Secretary of Defense (Comp16 troller) on February 18, 2005, concerning the allocation 

17 of funds through the Commanders’ Emergency Response 

18 Program in Iraq and any similar program to assist the 

19 people of Afghanistan, the Secretary shall submit to the 

20 congressional defense committees a copy of such modifica21 tion not later than 15 days after the date of such modifica22 tion. 


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1 SEC. 1204. GOVERNMENT ACCOUNTABILITY OFFICE RE2 PORT ON GLOBAL PEACE OPERATIONS INI3 TIATIVE. 

4 (a) REPORT REQUIRED.—Not later than March 1, 

5 2008, the Comptroller General of the United States shall 

6 submit to the congressional defense committees, the Com7 mittee on Foreign Relations of the Senate, and the Com8 mittee on Foreign Affairs of the House of Representatives 

9 a report assessing the Global Peace Operations Initiative. 

10 (b) CONTENT.—The report required under subsection 

11 (a) shall include the following: 

12 (1) An assessment of whether, and to what ex13 tent, the Global Peace Operations Initiative has met 

14 the goals set by the President at the inception of the 

15 program in 2004. 

16 (2) Which goals, if any, remain unfulfilled. 

17 (3) A description of activities conducted by each 

18 member state of the Group of Eight (G–8), includ19 ing the approximate cost of the activities, and the 

20 approximate percentage of the total monetary value 

21 of the activities conducted by each G–8 member, in22 cluding the United States, as well as efforts by the 

23 President to seek contributions or participation by 

24 other G–8 members. 

25 (4) A description of any activities conducted by 

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1 tutions, as well as any efforts by the President to so2 licit contributions or participation. 

3 (5) A description of the extent to which the 

4 Global Peace Operations Initiative has had global 

5 participation. 

6 (6) A description of the administration of the 

7 program by the Department of State and Depart8 ment of Defense, including— 

9 (A) whether each Department should con10 centrate administration in one office or bureau, 

11 and if so, which one; 

12 (B) the extent to which the two Depart13 ments coordinate and the quality of their co14 ordination; and 

15 (C) the extent to which contractors are 

16 used and an assessment of the quality and 

17 timeliness of the results achieved by the con18 tractors, and whether the United States Gov19 ernment might have achieved similar or better 

20 results without contracting out functions. 

21 (7) A description of the metrics, if any, that are 

22 used by the President and the G–8 to measure 

23 progress in implementation of the Global Peace Op24 erations Initiative, including— 


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1 (A) assessments of the quality and sustain2 ability of the training of individual soldiers and 

3 units; 

4 (B) the extent to which the G–8 and par5 ticipating countries maintain records or data6 bases of trained individuals and units and con7 duct inspections to measure and monitor the 

8 continued readiness of such individuals and 

9 units; 

10 (C) the extent to which the individuals and 

11 units are equipped and remain equipped to de12 ploy in peace operations; and 

13 (D) the extent to which, the timeline by 

14 which, and how individuals and units can be 

15 mobilized for peace operations. 

16 (8) The extent to which, the timeline by which, 

17 and how individuals and units can be and are being 

18 deployed to peace operations. 

19 (9) An assessment of whether individuals and 

20 units trained under the Global Peace Operations Ini21 tiative have been utilized in peace operations subse22 quent to receiving training under the Initiative, 

23 whether they will be deployed to upcoming oper24 ations in Africa and elsewhere, and the extent to 


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1 which such individuals and units would be prepared 

2 to deploy and participate in such peace operations. 

3 (10) Recommendations as to whether participa4 tion in the Global Peace Operations Initiative should 

5 require reciprocal participation by countries in peace 

6 operations. 

7 (11) Any additional measures that could be 

8 taken to enhance the effectiveness of the Global 

9 Peace Operations Initiative in terms of— 

10 (A) achieving its stated goals; and 

11 (B) ensuring that individuals and units 

12 trained as part of the Initiative are regularly 

13 participating in peace operations. 

14 Subtitle B—Other Authorities and 

15 Limitations 

16 SEC. 1211. COOPERATIVE OPPORTUNITIES DOCUMENTS 

17 UNDER COOPERATIVE RESEARCH AND DE18 VELOPMENT AGREEMENTS WITH NATO OR19 GANIZATIONS AND OTHER ALLIED AND 

20 FRIENDLY FOREIGN COUNTRIES. 

21 Section 2350a(e) of title 10, United States Code, is 

22 amended— 

23 (1) in paragraph (1)— 

24 (A) by striking ‘‘(A)’’; 


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1 (B) by striking ‘‘an arms cooperation op2 portunities document’’ and inserting ‘‘a cooper3 ative opportunities document before the first 

4 milestone or decision point’’; and 

5 (C) by striking subparagraph (B); and 

6 (2) in paragraph (2), by striking ‘‘An arms co7 operation opportunities document’’ and inserting ‘‘A 

8 cooperative opportunities document’’. 

9 SEC. 1212. EXTENSION AND EXPANSION OF TEMPORARY 

10 AUTHORITY TO USE ACQUISITION AND 

11 CROSS-SERVICING AGREEMENTS TO LEND 

12 MILITARY EQUIPMENT FOR PERSONNEL PRO13 TECTION AND SURVIVABILITY. 

14 (a) EXPANSION TO NATIONS ENGAGED IN CERTAIN

15 PEACEKEEPING OPERATIONS.—Subsection (a) of section 

16 1202 of the John Warner National Defense Authorization 

17 Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

18 2412) is amended— 

19 (1) in paragraph (1), by inserting ‘‘or partici20 pating in combined operations with the United 

21 States as part of a peacekeeping operation under the 

22 Charter of the United Nations or another inter23 national agreement’’ after ‘‘Iraq or Afghanistan’’; 

24 and 


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1 (2) in paragraph (3) by inserting ‘‘, or in a 

2 peacekeeping operation described in paragraph (1), 

3 as applicable,’’ after ‘‘Iraq or Afghanistan’’. 

4 (b) ONE-YEAR EXTENSION.—Subsection (e) of such 

5 section is amended by striking ‘‘September 30, 2008’’ and 

6 inserting ‘‘September 30, 2009’’. 

7 (c) CONFORMING AMENDMENT.—The heading of 

8 such section is amended by striking ‘‘FOREIGN FORCES

9 IN IRAQ AND AFGHANISTAN’’ and inserting ‘‘CERTAIN

10 FOREIGN FORCES’’. 

11 SEC. 1213. ACCEPTANCE OF FUNDS FROM THE GOVERN12 MENT OF PALAU FOR COSTS OF MILITARY 

13 CIVIC ACTION TEAMS. 

14 Section 104(a) of Public Law 99–658 (48 U.S.C. 

15 1933(a)) is amended— 

16 (1) by inserting ‘‘(1)’’ before ‘‘In recognition’’; 

17 and 

18 (2) by adding at the end the following new 

19 paragraph: 

20 ‘‘(2) The Secretary of Defense may accept from the 

21 Government of Palau the amount available for the use of 

22 the Government of Palau under paragraph (1). Any 

23 amount so accepted by the Secretary under this paragraph 

24 shall be credited to the appropriation or account available 

25 to the Department of Defense for the Civic Action Team 


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1 with respect to which such amount is so accepted. 

2 Amounts so credited shall be merged with the appropria3 tion or account to which credited, and shall be available 

4 to the Civic Action Team for the same purposes, and sub5 ject to the same conditions and limitations, as the appro6 priation or account with which merged.’’. 

7 SEC. 1214. EXTENSION OF PARTICIPATION OF THE DEPART8 MENT OF DEFENSE IN MULTINATIONAL MILI9 TARY CENTERS OF EXCELLENCE. 

10 (a) EXTENSION OF PARTICIPATION.—Section 1205 

11 of the John Warner National Defense Authorization Act 

12 for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

13 2416) is amended— 

14 (1) in subsection (a), by striking ‘‘fiscal year 

15 2007’’ and inserting ‘‘during fiscal years 2007 and 

16 2008’’; and 

17 (2) in subsection (e)(2), by inserting ‘‘or 2008’’ 

18 after ‘‘in fiscal year 2007’’. 

19 (b) REPORTING REQUIREMENTS.—Subsection (g) of 

20 such section is amended— 

21 (1) in paragraph (1)— 

22 (A) by striking ‘‘October 31, 2007,’’ and 

23 inserting ‘‘October 31 of each of 2007 and 

24 2008,’’; and 


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1 (B) by striking ‘‘fiscal year 2007’’ and in2 serting ‘‘fiscal year 2007 or 2008, as applica3 ble’’; and 

4 (2) in paragraph (2)— 

5 (A) in the matter preceding subparagraph 

6 (A)— 

7 (i) by striking ‘‘The report’’ and in8 serting ‘‘Each report’’; and 

9 (ii) by inserting ‘‘, for the fiscal year 

10 covered by such report,’’ after ‘‘shall in11 clude’’; and 

12 (B) in subparagraph (A), by striking ‘‘fis13 cal year 2007’’. 

14 SEC. 1215. LIMITATION ON ASSISTANCE TO THE GOVERN15 MENT OF THAILAND. 

16 (a) LIMITATION.—Notwithstanding any other provi17 sion of law, no funds authorized to be appropriated by this 

18 Act may be obligated or expended to provide direct assist19 ance to the Government of Thailand unless the President 

20 certifies to the congressional defense committees that a 

21 democratically-elected government has taken office in 

22 Thailand on or after October 1, 2007. 

23 (b) EXCEPTION.—The limitation in subsection (a) 

24 shall not apply with respect to funds as follows: 


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1 (1) Amounts authorized to be appropriated for 

2 Overseas Humanitarian, Disaster, and Civic Aid. 

3 (2) Amounts otherwise authorized to be appro4 priated by this Act and available for humanitarian 

5 or emergency assistance for other nations. 

6 (c) WAIVER.—The President may waive the limita7 tion in subsection (a) if the President certifies to the con8 gressional defense committees in writing that the waiver 

9 of the limitation is in the national security interests of 

10 the United States. 

11 SEC. 1216. PRESIDENTIAL REPORT ON POLICY OBJECTIVES 

12 AND UNITED STATES STRATEGY REGARDING 

13 IRAN. 

14 Not more than 75 percent of the amount authorized 

15 to be appropriated by this Act and available for the Office 

16 of the Under Secretary of Defense for Policy may be obli17 gated or expended for that purpose until the President 

18 submits to Congress the report required by section 

19 1213(b) of the John Warner National Defense Authoriza20 tion Act for Fiscal Year 2007 (Public Law 109–364; 120 

21 Stat. 2422). 


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1 SEC. 1217. LIMITATION ON AVAILABILITY OF CERTAIN 

2 FUNDS PENDING IMPLEMENTATION OF RE3 QUIREMENTS REGARDING NORTH KOREA. 

4 Notwithstanding any other provision of law, no funds 

5 authorized to be appropriated for the Department of De6 fense by this Act or any other Act for the provision of 

7 security and stabilization assistance as authorized by sec8 tion 1207 of the National Defense Authorization Act for 

9 Fiscal Year 2006 (as amended by section 1202 of this 

10 Act) may be obligated or expended for that purpose until 

11 the President certifies to Congress that all the provisions 

12 of section 1211 of the John Warner National Defense Au13 thorization Act for Fiscal Year 2007 (Public Law 109– 

14 163; 120 Stat. 2420) have been or are being carried out. 

15 Subtitle C—Reports 

16 SEC. 1231. REPORTS ON UNITED STATES POLICY AND MILI17 TARY OPERATIONS IN AFGHANISTAN. 

18 (a) REPORTS REQUIRED.—Not later than 60 days 

19 after the date of the enactment of this Act and every 180 

20 days thereafter through the end of fiscal year 2009, the 

21 President shall submit to the congressional defense com22 mittees a report on United States policy and military oper23 ations in Afghanistan. 

24 (b) ELEMENTS.—Each report required by subsection 

25 (a) shall include the following: 


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1 (1) A comprehensive strategy, coordinated be2 tween and among the departments and agencies of 

3 the United States Government, for achieving the ob4 jectives of United States policy and military oper5 ations in Afghanistan. 

6 (2) A description of current and proposed ef7 forts to assist the Government of Afghanistan in in8 creasing the size and capability of the Afghan Secu9 rity Forces, including key criteria for measuring the 

10 capabilities and readiness of the Afghan National 

11 Army, the Afghan National Police, and other Afghan 

12 security forces. 

13 (3) A description of current and proposed ef14 forts of the United States Government to work with 

15 coalition partners to strengthen the International 

16 Security Assistance Force (ISAF) led by the North 

17 Atlantic Treaty Organization (NATO) in Afghani18 stan, including efforts— 

19 (A) to encourage North Atlantic Treaty 

20 Organization members to make or fulfill com21 mitments to meet North Atlantic Treaty Orga22 nization mission requirements with respect to 

23 the International Security Assistance Force; 

24 and 


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1 (B) to remove national restrictions on the 

2 use of forces of members of the North Atlantic 

3 Treaty Organization deployed as part of the 

4 International Security Assistance Force mis5 sion. 

6 (4) A description of current and proposed ef7 forts to improve provincial governance and expand 

8 economic development in the provinces of Afghani9 stan, including— 

10 (A) a statement of the mission and objec11 tives of the Provincial Reconstruction Teams in 

12 Afghanistan; 

13 (B) a description of the number, funding 

14 (including the sources of funding), staffing re15 quirements, and current staffing levels of the 

16 Provincial Reconstruction Teams, set forth by 

17 United States Government agency; 

18 (C) an evaluation of the effectiveness of 

19 each Provincial Reconstruction Team, including 

20 each team under the command of the United 

21 States and each team under the command of 

22 the International Security Assistance Force, in 

23 achieving its mission and objectives; and 

24 (D) a description of the collaboration, if 

25 any, between the United States Agency for 


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1 International Development and Special Oper2 ations Forces in such efforts, and an assess3 ment of the results of such collaboration. 

4 (5) With respect to current counternarcotics ef5 forts in Afghanistan— 

6 (A) a description of the counternarcotics 

7 plan of the United States Government in Af8 ghanistan, including a statement of priorities 

9 among United States counterdrug activities (in10 cluding interdiction, eradication, and alternative 

11 livelihood programs) within that plan, and a de12 scription of the specific resources allocated for 

13 each such activity; 

14 (B) a description of the counternarcotics 

15 roles and missions assumed by the local and 

16 provincial governments of Afghanistan, the 

17 Government of Afghanistan, particular depart18 ments and agencies of the United States Gov19 ernment, the International Security Assistance 

20 Force, and other governments; 

21 (C) a description of the extent, if any, to 

22 which counternarcotics operations in or with re23 spect to Afghanistan have been determined to 

24 constitute a United States military mission, and 

25 the justification for that determination; 


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1 (D) a description of United States efforts 

2 to destroy drug manufacturing facilities; and 

3 (E) a description of United States efforts 

4 to apprehend or eliminate major drug traf5 fickers in Afghanistan, and a description of the 

6 extent to which such drug traffickers are cur7 rently assisting United States counterterrorist 

8 efforts. 

9 (6) A description of current and proposed ef10 forts to help the Government of Afghanistan fight 

11 public corruption and strengthen the rule of law. 

12 (7) A description of current and proposed diplo13 matic and other efforts to encourage and assist the 

14 Government of Pakistan to eliminate safe havens for 

15 Taliban, Al Qaeda, and other extremists within the 

16 territory of Pakistan which threaten the stability of 

17 Afghanistan, and an evaluation of the cooperation of 

18 the Government of Pakistan in eliminating such safe 

19 havens. 

20 (c) FORM.—Each report required by subsection (a) 

21 shall be submitted in unclassified form to the maximum 

22 extent practicable, but may include a classified annex. 


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1 SEC. 1232. STRATEGY FOR ENHANCING SECURITY IN AF2 GHANISTAN BY ELIMINATING SAFE HAVENS 

3 FOR VIOLENT EXTREMISTS IN PAKISTAN. 

4 (a) FINDINGS.—Congress makes the following find5 ings: 

6 (1) Since September 11, 2001, the Government 

7 of Pakistan has been an important partner in help8 ing the United States remove the Taliban regime 

9 from Afghanistan. 

10 (2) In early September 2006, the Government 

11 of Pakistan signed a peace agreement with pro12 Taliban militants in Miramshah, North Waziristan, 

13 Pakistan. Under the agreement, local tribesmen in 

14 North Waziristan agreed to halt cross-border move15 ment of pro-Taliban insurgents from the North 

16 Waziristan area to Afghanistan and to remove all 

17 foreigners who do not respect the peace and abide 

18 by the agreement. 

19 (3) In late September 2006, United States mili20 tary officials in Kabul, Afghanistan, reported two21 fold, and in cases three-fold, increases in the number 

22 of cross-border attacks along the Afghanistan border 

23 with Pakistan in the weeks following the signing of 

24 the agreement referred to in paragraph (2). 

25 (4) On February 13, 2007, Lieutenant General 

26 Karl W. Eikenberry, the former commanding general 


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1 of Combined Forces Command—Afghanistan, stated 

2 in a written statement to the Committee on Armed 

3 Services of the House of Representatives that ‘‘Al 

4 Qaeda and Taliban leadership presence inside Paki5 stan remains a significant problem that must be sat6 isfactorily addressed if we are to prevail in Afghani7 stan and if we are to defeat the global threat posed 

8 by international terrorism’’. 

9 (5) On February 27, 2007, John McConnell, 

10 the Director of National Intelligence, stated in a 

11 written statement to the Committee on Armed Serv12 ices of the Senate that ‘‘[e]liminating the safehaven 

13 that the Taliban and other extremists have found in 

14 Pakistan’s tribal areas is not sufficient to end the 

15 insurgency in Afghanistan but it is necessary’’. 

16 (b) STRATEGY RELATING TO PAKISTAN.— 

17 (1) IN GENERAL.—Not later than 90 days after 

18 the date of the enactment of this Act, the President 

19 shall submit to the congressional defense committees 

20 a report describing the long-term strategy of the 

21 United States to engage with the Government of 

22 Pakistan— 

23 (A) to prevent the movement of Taliban, 

24 Al Qaeda, and other violent extremist forces 


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1 across the border of Pakistan into Afghanistan; 

2 and 

3 (B) to eliminate safe havens for such 

4 forces on the national territory of Pakistan. 

5 (2) FORM.—The report shall be submitted in 

6 unclassified form, but may include a classified 

7 annex. 

8 (c) LIMITATION ON AVAILABILITY OF DEPARTMENT

9 OF DEFENSE COALITION SUPPORT FUNDS FOR PAKI10 STAN.— 

11 (1) LIMITATION.—For fiscal years 2008 and 

12 2009, the Government of Pakistan may not be reim13 bursed in any fiscal year quarter for the provision to 

14 the United States of logistical, military, or other 

15 support utilizing funds appropriated or otherwise 

16 made available by an Act making supplemental ap17 propriations for fiscal year 2007 for operations in 

18 Iraq and Afghanistan, or any other Act, for the pur19 pose of making payments to reimburse key cooper20 ating nations for the provision to the United States 

21 of such support unless the President certifies to the 

22 congressional defense committees for such fiscal year 

23 quarter that the Government of Pakistan is making 

24 substantial and sustained efforts to eliminate safe 

25 havens for the Taliban, Al Qaeda and other violent 


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1 extremists in areas under its sovereign control, in2 cluding in the cities of Quetta and Chaman and in 

3 the Northwest Frontier Province and the Federally 

4 Administered Tribal Areas. 

5 (2) CONTENT OF CERTIFICATION.—Each cer6 tification submitted under paragraph (1) shall in7 clude a detailed description of the efforts made by 

8 the Government of Pakistan to eliminate safe havens 

9 for the Taliban, Al Qaeda, and other violent extrem10 ists in areas under its sovereign control. 

11 (3) FORM.—Each certification submitted under 

12 paragraph (1) shall be submitted in unclassified 

13 form, but may include a classified annex. 

14 (4) WAIVER.—The President may waive the 

15 limitation on reimbursements under paragraph (1) 

16 for a fiscal year quarter if the President determines 

17 and certifies to the congressional defense committees 

18 that it is important to the national security interest 

19 of the United States to do so. 

20 SEC. 1233. ONE-YEAR EXTENSION OF UPDATE ON REPORT 

21 ON CLAIMS RELATING TO THE BOMBING OF 

22 THE LABELLE DISCOTHEQUE. 

23 Section 1225(b)(2) of the National Defense Author24 ization Act for Fiscal Year 2006 (Public Law 109–163; 

25 119 Stat. 3465) is amended by striking ‘‘Not later than 


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1 one year after enactment of this Act,’’ and inserting ‘‘Not 

2 later than each of January 6, 2007, and January 7, 

3 2008,’’. 

4 TITLE XIII—COOPERATIVE 

5 THREAT REDUCTION WITH 

6 STATES OF THE FORMER SO7 VIET UNION 

8 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE9 DUCTION PROGRAMS AND FUNDS. 

10 (a) SPECIFICATION OF COOPERATIVE THREAT RE11 DUCTION PROGRAMS.—For purposes of section 301 and 

12 other provisions of this Act, Cooperative Threat Reduction 

13 programs are the programs specified in section 1501(b) 

14 of the National Defense Authorization Act for Fiscal Year 

15 1997 (50 U.S.C. 2362 note), as amended by section 1303 

16 of this Act. 

17 (b) FISCAL YEAR 2008 COOPERATIVE THREAT RE18 DUCTION FUNDS DEFINED.—As used in this title, the 

19 term ‘‘fiscal year 2008 Cooperative Threat Reduction 

20 funds’’ means the funds appropriated pursuant to the au21 thorization of appropriations in section 301 for Coopera22 tive Threat Reduction programs. 

23 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

24 pursuant to the authorization of appropriations in section 


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1 301 for Cooperative Threat Reduction programs shall be 

2 available for obligation for three fiscal years. 

3 SEC. 1302. FUNDING ALLOCATIONS. 

4 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

5 $428,048,000 authorized to be appropriated to the De6 partment of Defense for fiscal year 2008 in section 

7 301(19) for Cooperative Threat Reduction programs, the 

8 following amounts may be obligated for the purposes spec9 ified: 

10 (1) For strategic offensive arms elimination in 

11 Russia, $102,885,000. 

12 (2) For nuclear weapons storage security in 

13 Russia, $22,988,000. 

14 (3) For nuclear weapons transportation security 

15 in Russia, $37,700,000. 

16 (4) For weapons of mass destruction prolifera17 tion prevention in the states of the former Soviet 

18 Union, $51,986,000. 

19 (5) For biological weapons proliferation preven20 tion in the former Soviet Union, $194,489,000. 

21 (6) For chemical weapons destruction in Rus22 sia, $1,000,000. 

23 (7) For threat reduction outside the former So24 viet Union, $10,000,000. 


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1 (8) For defense and military contacts, 

2 $8,000,000. 

3 (9) For activities designated as Other Assess4 ments/Administrative Support, $19,000,000. 

5 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

6 FUNDS FOR OTHER PURPOSES.—No fiscal year 2008 Co7 operative Threat Reduction funds may be obligated or ex8 pended for a purpose other than a purpose listed in para9 graphs (1) through (9) of subsection (a) until 30 days 

10 after the date that the Secretary of Defense submits to 

11 Congress a report on the purpose for which the funds will 

12 be obligated or expended and the amount of funds to be 

13 obligated or expended. Nothing in the preceding sentence 

14 shall be construed as authorizing the obligation or expend15 iture of fiscal year 2008 Cooperative Threat Reduction 

16 funds for a purpose for which the obligation or expendi17 ture of such funds is specifically prohibited under this title 

18 or any other provision of law. 

19 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

20 AMOUNTS.— 

21 (1) IN GENERAL.—Subject to paragraph (2), in 

22 any case in which the Secretary of Defense deter23 mines that it is necessary to do so in the national 

24 interest, the Secretary may obligate amounts appro25 priated for fiscal year 2008 for a purpose listed in 


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1 paragraphs (1) through (9) of subsection (a) in ex2 cess of the specific amount authorized for that pur3 pose. 

4 (2) NOTICE-AND-WAIT REQUIRED.—An obliga5 tion of funds for a purpose stated in paragraphs (1) 

6 through (9) of subsection (a) in excess of the specific 

7 amount authorized for such purpose may be made 

8 using the authority provided in paragraph (1) only 

9 after— 

10 (A) the Secretary submits to Congress no11 tification of the intent to do so together with a 

12 complete discussion of the justification for 

13 doing so; and 

14 (B) 15 days have elapsed following the 

15 date of the notification. 

16 SEC. 1303. SPECIFICATION OF COOPERATIVE THREAT RE17 DUCTION PROGRAMS IN STATES OUTSIDE 

18 THE FORMER SOVIET UNION. 

19 Section 1501 of the National Defense Authorization 

20 Act for Fiscal Year 1997 (50 U.S.C. 2362 note) is amend21 ed— 

22 (1) in subsection (a), by striking ‘‘subsection 

23 (b)’’ and inserting ‘‘subsections (b) and (c)’’; and 

24 (2) by adding at the end the following new sub25 section: 


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1 ‘‘(c) SPECIFIED PROGRAMS WITH RESPECT TO

2 STATES OUTSIDE THE FORMER SOVIET UNION.—The 

3 programs referred to in subsection (a) are the following 

4 programs with respect to states that are not states of the 

5 former Soviet Union: 

6 ‘‘(1) Programs to facilitate the elimination, and 

7 safe and secure transportation and storage, of bio8 logical, or chemical weapons, materials, weapons 

9 components, or weapons-related materials. 

10 ‘‘(2) Programs to prevent the proliferation of 

11 nuclear, chemical, or biological weapons, weapons 

12 components, and weapons-related military technology 

13 and expertise. 

14 ‘‘(3) Programs to facilitate detection and re15 porting of highly pathogenic diseases or other dis16 eases that are associated with or that could be uti17 lized as an early warning mechanism for disease out18 breaks that could impact the Armed Forces of the 

19 United States or allies of the United States.’’. 

20 SEC. 1304. MODIFICATION OF AUTHORITY TO USE COOPER21 ATIVE THREAT REDUCTION FUNDS OUTSIDE 

22 THE FORMER SOVIET UNION. 

23 Section 1308 of the National Defense Authorization 

24 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

25 1662; 22 U.S.C. 5963) is amended— 


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1 (1) in subsection (a), by striking ‘‘the Presi2 dent’’ the second place it appears and inserting ‘‘the 

3 Secretary of Defense, with the concurrence of the 

4 Secretary of State,’’; and 

5 (2) in subsection (d)— 

6 (A) in paragraph (1), by striking ‘‘the 

7 President’’ the second place it appears and in8 serting ‘‘the Secretary of Defense, with the con9 currence of the Secretary of State,’’; and 

10 (B) in paragraph (2), by striking ‘‘the 

11 President’’ and inserting ‘‘the Secretary of De12 fense and the Secretary of State’’. 

13 SEC. 1305. REPEAL OF RESTRICTIONS ON ASSISTANCE TO 

14 STATES OF THE FORMER SOVIET UNION FOR 

15 COOPERATIVE THREAT REDUCTION. 

16 (a) IN GENERAL.— 

17 (1) SOVIET NUCLEAR THREAT REDUCTION ACT

18 OF 1991.—The Soviet Nuclear Threat Reduction Act 

19 of 1991 (title II of Public Law 102–228; 22 U.S.C. 

20 2551 note) is amended— 

21 (A) by striking section 211; and 

22 (B) in section 212, by striking ‘‘, con23 sistent with the findings stated in section 

24 211,’’. 


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1 (2) COOPERATIVE THREAT REDUCTION ACT OF

2 1993.—Section 1203 of the Cooperative Threat Re3 duction Act of 1993 (22 U.S.C. 5952) is amended 

4 by striking subsection (d). 

5 (3) RUSSIAN CHEMICAL WEAPONS DESTRUC6 TION FACILITIES.—Section 1305 of the National De7 fense Authorization Act for Fiscal Year 2000 (Pub8 lic Law 106–65; 22 U.S.C. 5952 note) is repealed. 

9 (4) CONFORMING REPEAL.—Section 1303 of 

10 the Ronald W. Reagan National Defense Authoriza11 tion Act for Fiscal Year 2005 (Public Law 108–375; 

12 22 U.S.C. 5952 note) is repealed. 

13 (b) INAPPLICABILITY OF OTHER RESTRICTIONS.— 

14 Section 502 of the Freedom for Russia and Emerging 

15 Eurasian Democracies and Open Markets Support Act of 

16 1992 (22 U.S.C. 5852) shall not apply to any Cooperative 

17 Threat Reduction program. 

18 SEC. 1306. NATIONAL ACADEMY OF SCIENCES STUDY OF 

19 PREVENTION OF PROLIFERATION OF BIO20 LOGICAL WEAPONS. 

21 (a) STUDY REQUIRED.—Not later than 60 days after 

22 the date of the enactment of this Act, the Secretary of 

23 Defense shall enter into an arrangement with the National 

24 Academy of Sciences under which the Academy shall carry 

25 out a study to identify areas for cooperation with states 


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1 other than states of the former Soviet Union under the 

2 Cooperative Threat Reduction program of the Department 

3 of Defense in the prevention of proliferation of biological 

4 weapons. 

5 (b) MATTERS TO BE INCLUDED IN STUDY.—The 

6 Secretary shall provide for the study under subsection (a) 

7 to include the following: 

8 (1) An assessment of trends in the biological 

9 sciences and biotechnology that will affect the capa10 bilities of governments of developing countries to 

11 control the containment and use of dual-use tech12 nologies of potential interest to terrorist organiza13 tions or individuals with hostile intentions. 

14 (2) An assessment of the approaches to cooper15 ative threat reduction used by the states of the 

16 former Soviet Union that are of special relevance in 

17 preventing the proliferation of biological weapons in 

18 other areas of the world. 

19 (3) A review of programs of the United States 

20 Government and other governments, international 

21 organizations, foundations, and other private sector 

22 entities used in developing countries that are not 

23 states of the former Soviet Union that may con24 tribute to the prevention of the proliferation of bio25 logical weapons. 


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1 (4) Recommendations on steps for integrating 

2 activities of the Cooperative Threat Reduction pro3 gram relating to the prevention of the proliferation 

4 of biological weapons with activities of other depart5 ments and agencies of the United States addressing 

6 problems and opportunities in developing countries 

7 that are not states of the former Soviet Union. 

8 (c) REPORT.— 

9 (1) IN GENERAL.—Not later than December 31, 

10 2008, the Secretary shall submit to the Committee 

11 on Armed Services of the Senate and the Committee 

12 on Armed Services of the House of Representatives 

13 a report on the study carried out under subsection 

14 (a). 

15 (2) MATTERS TO BE INCLUDED.—The report 

16 under paragraph (1) shall include the following: 

17 (A) The results of the study carried out 

18 under subsection (a), including any report re19 ceived by the Secretary from the National 

20 Academy of Sciences on the study. 

21 (B) An assessment by the Secretary of the 

22 study. 

23 (C) A statement of the actions, if any, to 

24 be undertaken by the Secretary to implement 

25 any recommendations in the study. 


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1 (3) FORM.—The report under paragraph (1) 

2 shall be submitted in unclassified form, but may in3 clude a classified annex. 

4 (d) FUNDING.—Of the amount authorized to be ap5 propriated by section 301(18) for Cooperative Threat Re6 duction programs, not more than $2,500,000 may be obli7 gated or expended to carry out this section. 

8 TITLE XIV—OTHER 

9 AUTHORIZATIONS 

10 Subtitle A—Military Programs 

11 SEC. 1401. WORKING CAPITAL FUNDS. 

12 Funds are hereby authorized to be appropriated for 

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

14 activities and agencies of the Department of Defense for 

15 providing capital for working capital and revolving funds 

16 in amounts as follows: 

17 (1) For the Defense Working Capital Funds, 

18 $102,446,000. 

19 (2) For the Defense Working Capital Fund, 

20 Defense Commissary, $1,250,300,000. 

21 SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

22 Funds are hereby authorized to be appropriated for 

23 fiscal year 2008 for the National Defense Sealift Fund 

24 in the amount of $1,044,194,000. 


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1 SEC. 1403. DEFENSE HEALTH PROGRAM. 

2 Funds are hereby authorized to be appropriated for 

3 the Department of Defense for fiscal year 2008 for ex4 penses, not otherwise provided for, for the Defense Health 

5 Program, in the amount of $22,543,124,000, of which— 

6 (1) $22,044,381,000 is for Operation and 

7 Maintenance; 

8 (2) $136,482,000 is for Research, Development, 

9 Test, and Evaluation; and 

10 (3) $362,261,000 is for Procurement. 

11 SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUC12 TION, DEFENSE. 

13 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

14 are hereby authorized to be appropriated for the Depart15 ment of Defense for fiscal year 2008 for expenses, not oth16 erwise provided for, for Chemical Agents and Munitions 

17 Destruction, Defense, in the amount of $1,491,724,000, 

18 of which— 

19 (1) $1,186,452,000 is for Operation and Main20 tenance; 

21 (2) $274,846,000 is for Research, Development, 

22 Test, and Evaluation; and 

23 (3) $30,426,000 is for Procurement. 

24 (b) USE.—Amounts authorized to be appropriated 

25 under subsection (a) are authorized for— 


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1 (1) the destruction of lethal chemical agents 

2 and munitions in accordance with section 1412 of 

3 the Department of Defense Authorization Act, 1986 

4 (50 U.S.C. 1521); and 

5 (2) the destruction of chemical warfare materiel 

6 of the United States that is not covered by section 

7 1412 of such Act. 

8 SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG AC9 TIVITIES, DEFENSE-WIDE. 

10 Funds are hereby authorized to be appropriated for 

11 the Department of Defense for fiscal year 2008 for ex12 penses, not otherwise provided for, for Drug Interdiction 

13 and Counter-Drug Activities, Defense-wide, in the amount 

14 of $959,322,000. 

15 SEC. 1406. DEFENSE INSPECTOR GENERAL. 

16 Funds are hereby authorized to be appropriated for 

17 the Department of Defense for fiscal year 2008 for ex18 penses, not otherwise provided for, for the Office of the 

19 Inspector General of the Department of Defense, in the 

20 amount of $225,995,000, of which— 

21 (1) $224,995,000 is for Operation and Mainte22 nance; and 

23 (2) $1,000,000 is for Procurement. 


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1 SEC. 1407. REDUCTION IN CERTAIN AUTHORIZATIONS DUE 

2 TO SAVINGS FROM LOWER INFLATION. 

3 (a) REDUCTION.—The aggregate amount authorized 

4 to be appropriated by this division is the amount equal 

5 to the sum of all the amounts authorized to be appro6 priated by the provisions of this division reduced by 

7 $1,627,000,000, to be allocated as follows: 

8 (1) PROCUREMENT.—The aggregate amount 

9 authorized to be appropriated by title I is hereby re10 duced by $601,000,000. 

11 (2) RESEARCH, DEVELOPMENT, TEST, AND

12 EVALUATION.—The aggregate amount authorized to 

13 be appropriated by title II is hereby reduced by 

14 $451,000,000. 

15 (3) OPERATION AND MAINTENANCE.—The ag16 gregate amount authorized to be appropriated by 

17 title III is hereby reduced by $554,000,000. 

18 (4) OTHER AUTHORIZATIONS.—The aggregate 

19 amount authorized to be appropriated by title XIV 

20 is hereby reduced by $21,000,000. 

21 (b) SOURCE OF SAVINGS.—Reductions required in 

22 order to comply with subsection (a) shall be derived from 

23 savings resulting from lower-than-expected inflation as a 

24 result of the difference between the inflation assumptions 

25 used in the Concurrent Resolution on the Budget for Fis26 cal Year 2008 when compared with the inflation assumpVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00392 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 tions used in the budget of the President for fiscal year 

2 2008, as submitted to Congress pursuant to section 1005 

3 of title 31, United States Code. 

4 (c) ALLOCATION OF REDUCTIONS.—The Secretary of 

5 Defense shall allocate the reductions required by this sec6 tion among the amounts authorized to be appropriated for 

7 accounts in titles I, II, III, and XIV to reflect the extent 

8 to which net savings from lower-than-expected inflations 

9 are allocable to amounts authorized to be appropriated to 

10 such accounts. 

11 Subtitle B—National Defense 

12 Stockpile 

13 SEC. 1411. DISPOSAL OF FERROMANGANESE. 

14 (a) DISPOSAL AUTHORIZED.—The Secretary of De15 fense may dispose of up to 50,000 tons of ferromanganese 

16 from the National Defense Stockpile during fiscal year 

17 2008. 

18 (b) CONTINGENT AUTHORITY FOR ADDITIONAL DIS19 POSAL.— 

20 (1) IN GENERAL.—If the Secretary of Defense 

21 completes the disposal of the total quantity of 

22 ferromanganese authorized for disposal by sub23 section (a) before September 30, 2008, the Secretary 

24 of Defense may dispose of up to an additional 


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1 25,000 tons of ferromanganese from the National 

2 Defense Stockpile before that date. 

3 (2) ADDITIONAL AMOUNTS.—If the Secretary 

4 completes the disposal of the total quantity of addi5 tional ferromanganese authorized for disposal by 

6 paragraph (1) before September 30, 2008, the Sec7 retary may dispose of up to an additional 25,000 

8 tons of ferromanganese from the National Defense 

9 Stockpile before that date. 

10 (c) CERTIFICATION.—The Secretary of Defense may 

11 dispose of ferromanganese under the authority of para12 graph (1) or (2) of subsection (b) only if the Secretary 

13 submits written certification to the Committee on Armed 

14 Services of the Senate and the Committee on Armed Serv15 ices of the House of Representatives, not later than 30 

16 days before the commencement of disposal under the ap17 plicable paragraph, that— 

18 (1) the disposal of the additional 

19 ferromanganese from the National Defense Stockpile 

20 is in the interest of national defense; 

21 (2) the disposal of the additional 

22 ferromanganese will not cause disruption to the 

23 usual markets of producers and processors of 

24 ferromanganese in the United States; and 


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1 (3) the disposal of the additional 

2 ferromanganese is consistent with the requirements 

3 and purpose of the National Defense Stockpile. 

4 (d) DELEGATION OF RESPONSIBILITY.—The Sec5 retary of Defense may delegate the responsibility of the 

6 Secretary under subsection (c) to an appropriate official 

7 within the Department of Defense. 

8 (e) 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 SEC. 1412. DISPOSAL OF CHROME METAL. 

13 (a) DISPOSAL AUTHORIZED.—The Secretary of De14 fense may dispose of up to 500 short tons of chrome metal 

15 from the National Defense Stockpile during fiscal year 

16 2008. 

17 (b) CONTINGENT AUTHORITY FOR ADDITIONAL DIS18 POSAL.— 

19 (1) IN GENERAL.—If the Secretary of Defense 

20 completes the disposal of the total quantity of 

21 chrome metal authorized for disposal by subsection 

22 (a) before September 30, 2008, the Secretary of De23 fense may dispose of up to an additional 250 short 

24 tons of chrome metal from the National Defense 

25 Stockpile before that date. 


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1 (2) ADDITIONAL AMOUNTS.—If the Secretary 

2 completes the disposal of the total quantity of addi3 tional chrome metal authorized for disposal by para4 graph (1) before September 30, 2008, the Secretary 

5 may dispose of up to an additional 250 short tons 

6 of chrome metal from the National Defense Stock7 pile before that date. 

8 (c) CERTIFICATION.—The Secretary of Defense may 

9 dispose of chrome metal under the authority of paragraph 

10 (1) or (2) of subsection (b) only if the Secretary submits 

11 written certification to the Committee on Armed Services 

12 of the Senate and the Committee on Armed Services of 

13 the House of Representatives, not later than 30 days be14 fore the commencement of disposal under the applicable 

15 paragraph, that— 

16 (1) the disposal of the additional chrome metal 

17 from the National Defense Stockpile is in the inter18 est of national defense; 

19 (2) the disposal of the additional chrome metal 

20 will not cause disruption to the usual markets of 

21 producers and processors of chrome metal in the 

22 United States; and 

23 (3) the disposal of the additional chrome metal 

24 is consistent with the requirements and purpose of 

25 the National Defense Stockpile. 


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1 (d) DELEGATION OF RESPONSIBILITY.—The Sec2 retary of Defense may delegate the responsibility of the 

3 Secretary under subsection (c) to an appropriate official 

4 within the Department of Defense. 

5 (e) NATIONAL DEFENSE STOCKPILE DEFINED.—In 

6 this section, the term ‘‘National Defense Stockpile’’ means 

7 the stockpile provided for in section 4 of the Strategic and 

8 Critical Materials Stock Piling Act (50 U.S.C. 98c). 

9 SEC. 1413. MODIFICATION OF RECEIPT OBJECTIVES FOR 

10 PREVIOUSLY AUTHORIZED DISPOSALS FROM 

11 THE NATIONAL DEFENSE STOCKPILE. 

12 (a) FISCAL YEAR 2000 DISPOSAL AUTHORITY.— 

13 Paragraph (5) of section 3402(b) of the National Defense 

14 Authorization Act for Fiscal Year 2000 (Public Law 106– 

15 65; 50 U.S.C. 98d note), as amended by section 3302(b) 

16 of the National Defense Authorization Act for Fiscal Year 

17 2006 (Public Law 109–163; 119 Stat. 3546), is further 

18 amended by striking ‘‘$600,000,000 before’’ and inserting 

19 ‘‘$729,000,000 by’’. 

20 (b) FISCAL YEAR 1999 DISPOSAL AUTHORITY.— 

21 Paragraph (7) of section 3303(a) of the Strom Thurmond 

22 National Defense Authorization Act for Fiscal Year 1999 

23 (Public Law 105–261; 50 U.S.C. 98d note), as amended 

24 by section 3302(a) of the John Warner National Defense 

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


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1 364; 120 Stat. 2513), is further amended to read as fol2 lows: 

3 ‘‘(7) $1,469,102,000 by the end of fiscal year 

4 2015.’’. 

5 Subtitle C—Civil Programs 

6 SEC. 1421. ARMED FORCES RETIREMENT HOME. 

7 There is hereby authorized to be appropriated for fis8 cal year 2008 from the Armed Forces Retirement Home 

9 Trust Fund the sum of $61,624,000 for the operation of 

10 the Armed Forces Retirement Home. 

11 Subtitle D—Chemical 

12 Demilitarization Matters 

13 SEC. 1431. MODIFICATION OF TERMINATION REQUIREMENT 

14 FOR CHEMICAL DEMILITARIZATION CITI15 ZENS’ ADVISORY COMMISSIONS. 

16 (a) MODIFICATION.—Subsection (h) of section 172 of 

17 the National Defense Authorization Act for Fiscal Year 

18 1993 (50 U.S.C. 1521 note) is amended by striking ‘‘after 

19 the stockpile located in that commission’s State has been 

20 destroyed’’ and inserting ‘‘upon the earlier of— 

21 ‘‘(1) the completion of closure activities for the 

22 chemical agent destruction facility in the commis23 sion’s State as required pursuant to regulations pro24 mulgated by the Administrator of the Environmental 


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1 Protection Agency pursuant to the Solid Waste Dis2 posal Act (42 U.S.C. 6901 et seq.); or 

3 ‘‘(2) the request of the Governor of the commis4 sion’s State.’’. 

5 (b) TECHNICAL AMENDMENTS.—Subsections (b), (f), 

6 and (g) of such section are each amended by striking ‘‘As7 sistant Secretary of the Army (Research, Development, 

8 and Acquisition)’’ and inserting ‘‘Assistant Secretary of 

9 the Army (Acquisition, Logistics, and Technology)’’. 

10 SEC. 1432. REPEAL OF CERTAIN QUALIFICATIONS RE11 QUIREMENT FOR DIRECTOR OF CHEMICAL 

12 DEMILITARIZATION MANAGEMENT ORGANI13 ZATION. 

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. 1433. SENSE OF CONGRESS ON COMPLETION OF DE2 STRUCTION OF UNITED STATES CHEMICAL 

3 WEAPONS STOCKPILE. 

4 (a) FINDINGS.—Congress makes the following find5 ings: 

6 (1) The Convention on the Prohibition of the 

7 Development, Production, Stockpiling and Use of 

8 Chemical Weapons and on Their Destruction, done 

9 at Paris on January 13, 1993 (commonly referred to 

10 as the ‘‘Chemical Weapons Convention’’), requires 

11 that destruction of the entire United States chemical 

12 weapons stockpile be completed by not later than 

13 April 29, 2007. 

14 (2) In 2006, under the terms of the Chemical 

15 Weapons Convention, the United States requested 

16 and received a one-time, 5-year extension of its 

17 chemical weapons destruction deadline to April 29, 

18 2012. 

19 (3) On April 10, 2006, the Secretary of De20 fense notified Congress that the United States would 

21 not meet even the extended deadline under the 

22 Chemical Weapons Convention for destruction of the 

23 United States chemical weapons stockpile, but would 

24 ‘‘continue working diligently to minimize the time to 

25 complete destruction without sacrificing safety and 

26 security’’ and would also ‘‘continue requesting reVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 sources needed to complete destruction as close to 

2 April 2012 as practicable’’. 

3 (4) Destroying the remaining stockpile of 

4 United States chemical weapons is imperative for 

5 public safety and homeland security, and doing so by 

6 April 2012, in accordance with the current destruc7 tion deadline provided under the Chemical Weapons 

8 Convention, is required by United States law. 

9 (5) The elimination of chemical weapons any10 where they exist in the world, and the prevention of 

11 their proliferation, is of utmost importance to the 

12 national security of the United States. 

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that— 

15 (1) the United States is, and must remain, 

16 committed to making every effort to safely dispose 

17 of its entire chemical weapons stockpile by April 

18 2012, the current destruction deadline provided 

19 under the Chemical Weapons Convention, or as soon 

20 thereafter as possible, and must carry out all of its 

21 other obligations under the Convention; and 

22 (2) the Secretary of Defense should make every 

23 effort to plan for, and to request in the annual 

24 budget of the President submitted to Congress ade25 quate funding to complete, the elimination of the 


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1 United States chemical weapons stockpile in accord2 ance with United States obligations under the Chem3 ical Weapons Convention and in a manner that will 

4 protect public health, safety, and the environment, 

5 as required by law. 

6 (c) REPORTS REQUIRED.— 

7 (1) IN GENERAL.—Not later than March 15, 

8 2008, and every 180 days thereafter until the year 

9 in which the United States completes the destruction 

10 of its entire stockpile of chemical weapons under the 

11 terms of the Chemical Weapons Convention, the Sec12 retary of Defense shall submit to the members and 

13 committees of Congress referred to in paragraph (3) 

14 a report on the implementation by the United States 

15 of its chemical weapons destruction obligations 

16 under the Chemical Weapons Convention. 

17 (2) ELEMENTS.—Each report under paragraph 

18 (1) shall include the following: 

19 (A) The anticipated schedule at the time of 

20 such report for the completion of destruction of 

21 chemical agents, munitions, and materiel at 

22 each chemical weapons demilitarization facility 

23 in the United States. 

24 (B) A description of the options and alter25 natives for accelerating the completion of chemVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00402 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 ical weapons destruction at each such facility, 

2 particularly in time to meet the destruction 

3 deadline of April 29, 2012, currently provided 

4 by the Chemical Weapons Convention. 

5 (C) A description of the funding required 

6 to achieve each of the options for destruction 

7 described under subparagraph (B). 

8 (D) A description of all actions being 

9 taken by the United States to accelerate the de10 struction of its entire stockpile of chemical 

11 weapons, agents, and materiel in order to meet 

12 the current destruction deadline under the 

13 Chemical Weapons Convention of April 29, 

14 2012, or as soon thereafter as possible. 

15 (3) MEMBERS AND COMMITTEES OF CON16 GRESS.—The members and committees of Congress 

17 referred to in this paragraph are— 

18 (A) the majority leader of the Senate, the 

19 minority leader of the Senate, and the Commit20 tees on Armed Services and Appropriations of 

21 the Senate; and 

22 (B) the Speaker of the House of Rep23 resentatives, the majority leader of the House 

24 of Representatives, the minority leader of the 

25 House of Representatives, and the Committees 


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1 on Armed Services and Appropriations of the 

2 House of Representatives. 

3 TITLE XV—OPERATION IRAQI 

4 FREEDOM AND OPERATION 

5 ENDURING FREEDOM 

6 Subtitle A—Authorization of Addi7 tional War-Related Appropria8 tions 

9 SEC. 1501. ARMY PROCUREMENT. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal year 2008 for procurement accounts of the Army 

12 in amounts as follows: 

13 (1) For aircraft procurement, $890,786,000. 

14 (2) For missiles, $492,734,000. 

15 (3) For weapons and tracked combat vehicles 

16 procurement, $1,249,177,000. 

17 (4) For ammunition, $303,000,000. 

18 (5) For other procurement, $10,310,055,000. 

19 SEC. 1502. NAVY AND MARINE CORPS PROCUREMENT. 

20 (a) NAVY.—Funds are hereby authorized to be appro21 priated for fiscal year 2008 for procurement accounts for 

22 the Navy in amounts as follows: 

23 (1) For aircraft procurement, $2,263,018,000. 

24 (2) For weapons procurement, $251,281,000. 

25 (3) For other procurement, $814,311,000. 


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

2 be appropriated for fiscal year 2008 for the procurement 

3 account for the Marine Corps in the amount of 

4 $4,236,140,000. 

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

6 are hereby authorized to be appropriated for fiscal year 

7 2008 for the procurement account for ammunition for the 

8 Navy and the Marine Corps in the amount of 

9 $590,090,000. 

10 SEC. 1503. AIR FORCE PROCUREMENT. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2008 for procurement accounts for the Air 

13 Force in amounts as follows: 

14 (1) For aircraft procurement, $2,069,009,000. 

15 (2) For ammunition, $74,005,000. 

16 (3) For missile procurement, $1,800,000. 

17 (4) For other procurement, $4,163,450,000. 

18 SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

19 Funds are hereby authorized to be appropriated for 

20 fiscal year 2008 for the procurement account for Defense21 wide in the amount of $593,768,000. 


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1 SEC. 1505. RESEARCH, DEVELOPMENT, TEST, AND EVALUA2 TION. 

3 Funds are hereby authorized to be appropriated for 

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

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

6 (1) For the Army, $121,653,000. 

7 (2) For the Navy, $370,798,000. 

8 (3) For the Air Force, $922,791,000. 

9 (4) For Defense-wide activities, $535,087,000. 

10 SEC. 1506. OPERATION AND MAINTENANCE. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2008 for the use of the Armed Forces for ex13 penses, not otherwise provided for, for operation and 

14 maintenance, in amounts as follows: 

15 (1) For the Army, $45,519,264,000. 

16 (2) For the Navy, $5,190,000,000. 

17 (3) For the Marine Corps, $4,013,093,000. 

18 (4) For the Air Force, $10,532,630,000. 

19 (5) For Defense-wide activities, 

20 $5,976,216,000. 

21 (6) For the Army Reserve, $158,410,000. 

22 (7) For the Navy Reserve, $69,598,000. 

23 (8) For the Marine Corps Reserve, 

24 $68,000,000. 

25 (9) For the Army National Guard, 

26 $466,150,000. 


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1 (10) For the Air National Guard, $31,168,000. 

2 SEC. 1507. MILITARY PERSONNEL. 

3 There is hereby authorized to be appropriated for fis4 cal year 2008 for the Department of Defense for military 

5 personnel in amounts as follows: 

6 (1) For the Army, $9,140,516,000. 

7 (2) For the Navy, $752,089,000. 

8 (3) For the Marine Corps, $817,475,000. 

9 (4) For the Air Force, $1,411,890,000. 

10 (5) For the Army Reserve, $235,000,000. 

11 (6) For the Navy Reserve, $70,000,000. 

12 (7) For the Marine Corps Reserve, 

13 $15,420,000. 

14 (8) For the Air Force Reserve, $3,000,000. 

15 (9) For the Army National Guard, 

16 $476,584,000. 

17 SEC. 1508. DEFENSE HEALTH PROGRAM. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal year 2008 for the Department of Defense for ex20 penses, not otherwise provided for, for the Defense Health 

21 Program, in the amount of $1,022,842,000, for operation 

22 and maintenance. 


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1 SEC. 1509. DRUG INTERDICTION AND COUNTER-DRUG AC2 TIVITIES, DEFENSE-WIDE. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2008 for the Department of Defense for ex5 penses, not otherwise provided for, for Drug Interdiction 

6 and Counter-Drug Activities, Defense-wide, in the amount 

7 of $257,618,000. 

8 SEC. 1510. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

9 FUND. 

10 (a) AUTHORIZATION OF APPROPRIATION.—Funds 

11 are hereby authorized for fiscal year 2008 for the Joint 

12 Improvised Explosive Device Defeat Fund in the amount 

13 of $4,500,000,000. 

14 (b) USE OF FUNDS.—Funds appropriated pursuant 

15 to subsection (a) shall be available to the Secretary of De16 fense for the purpose of allowing the Director of the Joint 

17 Improvised Explosive Device Defeat Organization to inves18 tigate, develop, and provide equipment, supplies, services, 

19 training, facilities, personnel, and funds to assist United 

20 States forces in the defeat of improvised explosive devices. 

21 (c) TRANSFER AUTHORITY.— 

22 (1) TRANSFERS AUTHORIZED.—Amounts au23 thorized to be appropriated by subsection (a) may be 

24 transferred from the Joint Improvised Explosive De25 vice Defeat Fund to any of the following accounts 


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1 and funds of the Department of Defense to accom2 plish the purposes provided in subsection (b): 

3 (A) Military personnel accounts. 

4 (B) Operation and maintenance accounts. 

5 (C) Procurement accounts. 

6 (D) Research, development, test, and eval7 uation accounts. 

8 (E) Defense working capital funds. 

9 (2) ADDITIONAL TRANSFER AUTHORITY.—The 

10 transfer authority provided by paragraph (1) is in 

11 addition to any other transfer authority available to 

12 the Department of Defense. 

13 (3) TRANSFERS BACK TO THE FUND.—Upon 

14 determination that all or part of the funds trans15 ferred from the Joint Improvised Explosive Device 

16 Defeat Fund under paragraph (1) are not necessary 

17 for the purpose provided, such funds may be trans18 ferred back to the Joint Improvised Explosive Device 

19 Defeat Fund. 

20 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A 

21 transfer of an amount to an account under the au22 thority in paragraph (1) shall be deemed to increase 

23 the amount authorized for such account by an 

24 amount equal to the amount transferred. 


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1 (d) NOTICE TO CONGRESS.—Funds may not be obli2 gated from the Joint Improvised Explosive Device Defeat 

3 Fund, or transferred under the authority provided in sub4 section (c)(1), until five days after the date on which the 

5 Secretary of Defense notifies the congressional defense 

6 committees in writing of the details of the proposed obliga7 tion or transfer. 

8 (e) MANAGEMENT PLAN.— 

9 (1) PLAN REQUIRED.—Not later than 60 days 

10 after the date of the enactment of this Act, the Sec11 retary of Defense shall submit to the congressional 

12 defense committees a plan for the intended manage13 ment and use of the Joint Improvised Explosive De14 vice Defeat Fund. 

15 (2) MATTER TO BE INCLUDED.—The plan re16 quired by paragraph (1) shall include an update of 

17 the plan required in the paragraph under the head18 ing ‘‘Joint Improvised Explosive Device Defeat 

19 Fund’’ in chapter 2 of title I of the Emergency Sup20 plemental Appropriations Act for Defense, the Glob21 al War on Terror, and Hurricane Recovery, 2006 

22 (Public Law 109–234; 120 Stat. 424), including 

23 identification of— 

24 (A) year-to-date transfers and obligations; 

25 and 


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1 (B) projected transfers and obligations 

2 through September 30, 2008. 

3 (f) 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 detail of any obligation or 

7 transfer of funds from the Joint Improvised Explosive De8 vice Defeat Fund plan required by subsection (e). 

9 (g) DURATION OF AUTHORITY.—Amounts appro10 priated to the Joint Improvised Explosive Device Defeat 

11 Fund are available for obligation or transfer from the 

12 Fund until September 30, 2009. 

13 SEC. 1511. IRAQ SECURITY FORCES FUND. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

15 are hereby authorized to be appropriated for fiscal year 

16 2008 for the Iraq Security Forces Fund in the amount 

17 of $2,000,000,000. 

18 (b) USE OF FUNDS.— 

19 (1) IN GENERAL.—Funds appropriated pursu20 ant to subsection (a) shall be available to the Sec21 retary of Defense for the purpose of allowing the 

22 Commander, Multi-National Security Transition 

23 Command—Iraq, to provide assistance to the secu24 rity forces of Iraq. 


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1 (2) TYPES OF ASSISTANCE AUTHORIZED.—As2 sistance provided under this section may include the 

3 provision of equipment, supplies, services, training, 

4 facility and infrastructure repair, renovation, con5 struction, and funding. 

6 (3) SECRETARY OF STATE CONCURRENCE.—As7 sistance may be provided under this section only 

8 with the concurrence of the Secretary of State. 

9 (c) AUTHORITY IN ADDITION TO OTHER AUTHORI10 TIES.—The authority to provide assistance under this sec11 tion is in addition to any other authority to provide assist12 ance to foreign nations. 

13 (d) TRANSFER AUTHORITY.— 

14 (1) TRANSFERS AUTHORIZED.—Subject to 

15 paragraph (2), amounts authorized to be appro16 priated by subsection (a) may be transferred from 

17 the Iraq Security Forces Fund to any of the fol18 lowing accounts and funds of the Department of De19 fense to accomplish the purposes provided in sub20 section (b): 

21 (A) Military personnel accounts. 

22 (B) Operation and maintenance accounts. 

23 (C) Procurement accounts. 

24 (D) Research, development, test, and eval25 uation accounts. 


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1 (E) Defense working capital funds. 

2 (F) Overseas Humanitarian, Disaster, and 

3 Civic Aid account. 

4 (2) ADDITIONAL AUTHORITY.—The transfer au5 thority provided by paragraph (1) is in addition to 

6 any other transfer authority available to the Depart7 ment of Defense. 

8 (3) TRANSFERS BACK TO THE FUND.—Upon 

9 determination that all or part of the funds trans10 ferred from the Iraq Security Forces Fund under 

11 paragraph (1) are not necessary for the purpose pro12 vided, such funds may be transferred back to the 

13 Iraq Security Forces Fund. 

14 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A 

15 transfer of an amount to an account under the au16 thority in paragraph (1) shall be deemed to increase 

17 the amount authorized for such account by an 

18 amount equal to the amount transferred. 

19 (e) NOTICE TO CONGRESS.—Funds may not be obli20 gated from the Iraq Security Forces Fund, or transferred 

21 under the authority provided in subsection (d)(1), until 

22 five days after the date on which the Secretary of Defense 

23 notifies the congressional defense committees in writing 

24 of the details of the proposed obligation 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 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 in writing 

20 upon the acceptance, and upon the transfer under 

21 subsection (d), of any contribution under this sub22 section. Such notice shall specify the source and 

23 amount of any amount so accepted and the use of 

24 any amount so accepted. 


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1 (g) QUARTERLY REPORTS.—Not later than 30 days 

2 after the end of each fiscal-year quarter, the Secretary of 

3 Defense shall submit to the congressional defense commit4 tees a report summarizing the details of any obligation 

5 or transfer of funds from the Iraq Security Forces Fund 

6 during such fiscal-year quarter. 

7 (h) DURATION OF AUTHORITY.—Amounts authorized 

8 to be appropriated or contributed to the Fund during fis9 cal year 2008 are available for obligation or transfer from 

10 the Iraq Security Forces Fund in accordance with this sec11 tion until September 30, 2009. 

12 SEC. 1512. AFGHANISTAN SECURITY FORCES FUND. 

13 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

14 are hereby authorized to be appropriated for fiscal year 

15 2008 for the Afghanistan Security Forces Fund in the 

16 amount of $2,700,000,000. 

17 (b) USE OF FUNDS.— 

18 (1) IN GENERAL.—Funds authorized to be ap19 propriated by subsection (a) shall be available to the 

20 Secretary of Defense for the purpose of allowing the 

21 Commander, Office of Security Cooperation–Afghan22 istan, to provide assistance to the security forces of 

23 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 in writing 

20 upon the acceptance, and upon the transfer under 

21 subsection (d), of any contribution under this sub22 section. Such notice shall specify the source and 

23 amount of any amount so accepted and the use of 

24 any amount so accepted. 


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1 (g) QUARTERLY REPORTS.—Not later than 30 days 

2 after the end of each fiscal-year quarter, the Secretary of 

3 Defense shall submit to the congressional defense commit4 tees a report summarizing the details of any obligation 

5 or transfer of funds from the Afghanistan Security Forces 

6 Fund during such fiscal-year quarter. 

7 (h) DURATION OF AUTHORITY.—Amounts authorized 

8 to be appropriated or contributed to the Fund during fis9 cal year 2008 are available for obligation or transfer from 

10 the Afghanistan Security Forces Fund in accordance with 

11 this section until September 30, 2009. 

12 SEC. 1513. IRAQ FREEDOM FUND. 

13 (a) IN GENERAL.—Funds are hereby authorized to 

14 be appropriated for fiscal year 2008 for the Iraq Freedom 

15 Fund in the amount of $107,500,000. 

16 (b) TRANSFER.— 

17 (1) TRANSFER AUTHORIZED.—Subject to para18 graph (2), amounts authorized to be appropriated by 

19 subsection (a) may be transferred from the Iraq 

20 Freedom Fund to any accounts as follows: 

21 (A) Operation and maintenance accounts 

22 of the Armed Forces. 

23 (B) Military personnel accounts. 

24 (C) Research, development, test, and eval25 uation accounts of the Department of Defense. 


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1 (D) Procurement accounts of the Depart2 ment of Defense. 

3 (E) Accounts providing funding for classi4 fied programs. 

5 (F) The operating expenses account of the 

6 Coast Guard. 

7 (2) NOTICE TO CONGRESS.—A transfer may not 

8 be made under the authority in paragraph (1) until 

9 five days after the date on which the Secretary of 

10 Defense notifies the congressional defense commit11 tees in writing of the transfer. 

12 (3) TREATMENT OF TRANSFERRED FUNDS.— 

13 Amounts transferred to an account under the au14 thority in paragraph (1) shall be merged with 

15 amounts in such account and shall be made available 

16 for the same purposes, and subject to the same con17 ditions and limitations, as amounts in such account. 

18 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A 

19 transfer of an amount to an account under the au20 thority in paragraph (1) shall be deemed to increase 

21 the amount authorized for such account by an 

22 amount equal to the amount transferred. 

23 SEC. 1514. DEFENSE 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 the Defense Working Capital Funds 

3 in the amount of $1,676,275,000. 

4 SEC. 1515. NATIONAL DEFENSE SEALIFT FUND. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal year 2008 for the National Defense Sealift Fund 

7 in the amount of $5,100,000. 

8 SEC. 1516. DEFENSE INSPECTOR GENERAL. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2008 for the Department of Defense for ex11 penses, not otherwise provided for, for the Office of In12 spector General of the Department of Defense in the 

13 amount of $4,394,000, for Operation and Maintenance. 

14 Subtitle B—General Provisions 

15 Relating to Authorizations 

16 SEC. 1521. PURPOSE. 

17 The purpose of this title is to authorize additional 

18 appropriations for the Department of Defense for fiscal 

19 year 2008 for the incremental costs of Operation Iraqi 

20 Freedom and Operation Enduring Freedom. 

21 SEC. 1522. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

22 The amounts authorized to be appropriated by this 

23 title are in addition to amounts otherwise authorized to 

24 be appropriated by this Act. 


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1 SEC. 1523. 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. 


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1 Subtitle C—Other Matters 

2 SEC. 1531. LIMITATION ON AVAILABILITY OF FUNDS FOR 

3 CERTAIN PURPOSES RELATING TO IRAQ. 

4 No funds appropriated pursuant to an authorization 

5 of appropriations in this Act may be obligated or expended 

6 for a purpose as follows: 

7 (1) To establish any military installation or 

8 base for the purpose of providing for the permanent 

9 stationing of United States Armed Forces in Iraq. 

10 (2) To exercise United States control of the oil 

11 resources of Iraq. 

12 SEC. 1532. REIMBURSEMENT OF CERTAIN COALITION NA13 TIONS FOR SUPPORT PROVIDED TO UNITED 

14 STATES MILITARY OPERATIONS. 

15 (a) AUTHORITY.—From funds made available for the 

16 Department of Defense by section 1506 for operation and 

17 maintenance, Defense-wide activities, the Secretary of De18 fense may reimburse any key cooperating nation for 

19 logistical and military support provided by that nation to 

20 or in connection with United States military operations 

21 in Operation Iraqi Freedom or Operation Enduring Free22 dom. 

23 (b) AMOUNTS OF REIMBURSEMENT.— 

24 (1) IN GENERAL.—Reimbursement authorized 

25 by subsection (a) may be made in such amounts as 


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1 the Secretary of Defense, with the concurrence of 

2 the Secretary of State and in consultation with the 

3 Director of the Office of Management and Budget, 

4 may determine, based on documentation determined 

5 by the Secretary of Defense to adequately account 

6 for the support provided. 

7 (2) STANDARDS.—Not later than 30 days after 

8 the date of the enactment of this Act, the Secretary 

9 of Defense shall prescribe standards for determining 

10 the kinds of logistical and military support to the 

11 United States that shall be considered reimbursable 

12 under the authority in subsection (a). Such stand13 ards may not take effect until 15 days after the date 

14 on which the Secretary submits to the congressional 

15 defense committees a report setting forth such 

16 standards. 

17 (c) LIMITATIONS.— 

18 (1) LIMITATION ON AMOUNT.—The total 

19 amount of reimbursements made under the authority 

20 in subsection (a) during fiscal year 2008 may not 

21 exceed $1,200,000,000. 

22 (2) PROHIBITION ON CONTRACTUAL OBLIGA23 TIONS TO MAKE PAYMENTS.—The Secretary of De24 fense may not enter into any contractual obligation 


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1 to make a reimbursement under the authority in 

2 subsection (a). 

3 (d) NOTICE TO CONGRESS.—The Secretary of De4 fense shall— 

5 (1) notify the congressional defense committees 

6 not less than 15 days before making any reimburse7 ment under the authority in subsection (a); and 

8 (2) submit to the congressional defense commit9 tees on a quarterly basis a report on any reimburse10 ments made under the authority in subsection (a) 

11 during such quarter. 

12 SEC. 1533. LOGISTICAL SUPPORT FOR COALITION FORCES 

13 SUPPORTING OPERATIONS IN IRAQ AND AF14 GHANISTAN. 

15 (a) AVAILABILITY OF FUNDS FOR LOGISTICAL SUP16 PORT.—Subject to the provisions of this section, amounts 

17 available to the Department of Defense for fiscal year 

18 2008 for operation and maintenance may be used to pro19 vide supplies, services, transportation (including airlift 

20 and sealift), and other logistical support to coalition forces 

21 supporting United States military and stabilization oper22 ations in Iraq and Afghanistan. 

23 (b) REQUIRED DETERMINATION.—The Secretary 

24 may provide logistical support under the authority in subVerDate Aug 31 2005 04:50 Jun 08, 2007 Jkt 059200 PO 00000 Frm 00425 Fmt 6652 Sfmt 6201 E:\BILLS\S1548.PCS S1548

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1 section (a) only if the Secretary determines that the coali2 tion forces to be provided the logistical support— 

3 (1) are essential to the success of a United 

4 States military or stabilization operation; and 

5 (2) would not be able to participate in such op6 eration without the provision of the logistical sup7 port. 

8 (c) COORDINATION WITH EXPORT CONTROL

9 LAWS.—Logistical support may be provided under the au10 thority in subsection (a) only in accordance with applicable 

11 provisions of the Arms Export Control Act and other ex12 port control laws of the United States. 

13 (d) LIMITATION ON VALUE.—The total amount of 

14 logistical support provided under the authority in sub15 section (a) in fiscal year 2008 may not exceed 

16 $400,000,000. 

17 (e) QUARTERLY REPORTS.— 

18 (1) REPORTS REQUIRED.—Not later than 15 

19 days after the end of each fiscal-year quarter of fis20 cal year 2008, the Secretary shall submit to the con21 gressional defense committees a report on the provi22 sion of logistical support under the authority in sub23 section (a) during such fiscal-year quarter. 


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1 (2) ELEMENTS.—Each report under paragraph 

2 (1) shall include, for the fiscal-year quarter covered 

3 by such report, the following: 

4 (A) Each nation provided logistical support 

5 under the authority in subsection (a). 

6 (B) For each such nation, a description of 

7 the type and value of logistical support so pro8 vided. 

9 SEC. 1534. COMPETITION FOR PROCUREMENT OF SMALL 

10 ARMS SUPPLIED TO IRAQ AND AFGHANISTAN. 

11 (a) COMPETITION REQUIREMENT.—For the procure12 ment of pistols and other weapons described in subsection 

13 (b), the Secretary of Defense shall ensure, consistent with 

14 the provisions of section 2304 of title 10, United States 

15 Code, that— 

16 (1) full and open competition is obtained to the 

17 maximum extent practicable; 

18 (2) no responsible United States manufacturer 

19 is excluded from competing for such procurements; 

20 and 

21 (3) products manufactured in the United States 

22 are not excluded from the competition. 

23 (b) PROCUREMENTS COVERED.—This section applies 

24 to the procurement of the following: 


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1 (1) Pistols and other weapons less than 0.50 

2 caliber for assistance to the Army of Iraq, the Iraqi 

3 Police Forces, and other Iraqi security organiza4 tions. 

5 (2) Pistols and other weapons less than 0.50 

6 caliber for assistance to the Army of Afghanistan, 

7 the Afghani Police Forces, and other Afghani secu8 rity organizations. 


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Calendar No. 186 

110TH CONGRESS 

1ST SESSION S. 1548 

A BILL 

To authorize appropriations for fiscal year 2008 for 

fiscal year, and for other purposes. to prescribe military personnel strengths for such military activities of the Department of Defense, 

JUNE 5, 2007 

Read twice and placed on the calendar 


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