II 

Calendar No. 189 

110TH CONGRESS 

1ST SESSION H. R. 1585 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2007 

Received 

JUNE 5, 2007 

Read twice and placed on the calendar 

AN ACT 

To authorize appropriations for fiscal year 2008 for military 

activities of the Department of Defense, for military 

construction, and for defense activities of the Department of Energy, 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 ‘‘National Defense Au5 thorization Act for Fiscal Year 2008’’. 


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

2 CONTENTS. 

3 (a) DIVISIONS.—This Act is organized into three divi4 sions as follows: 

5 (1) Division A—Department of Defense Au6 thorizations. 

7 (2) Division B—Military Construction Author8 izations. 

9 (3) Division C—Department of Energy Na10 tional Security Authorizations and Other Authoriza11 tions. 

12 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title. 

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

Sec. 3. Congressional defense committees. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. National Guard and Reserve equipment. 

Subtitle B—Army Programs 

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

Sec. 112. Multiyear procurement authority for M2A3 Bradley Fighting Vehicles, M3A3 Cavalry Fighting Vehicles, and M2A3 Bradley Fire 

Support Team Vehicles. 

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

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

Sec. 115. Limitation on use of funds for Joint Network Node program pending 

certification to Congress. 

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

line pending report. 


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Subtitle C—Navy Programs 

Sec. 121. Authority to transfer funds for submarine engineered refueling overhauls and conversions and for aircraft carrier refueling complex 

overhauls. 

Sec. 122. Multiyear procurement authority for Virginia-class submarine program. 

Sec. 123. Limitation on final assembly of VH–71 Presidential transport helicopters. 

Sec. 124. Limitation on operational deployment of weapons system that uses 

Trident missiles converted to carry conventional payloads. 

Sec. 125. Program to provide contractors with capital expenditure incentives. 

Sec. 126. Limitation on use of shipbuilding and conversion, Navy, funds for 

employment of nonimmigrant workers. 

Sec. 127. Limitation on concurrent design and construction on first ship of a 

shipbuilding program. 

Subtitle D—Air Force Programs 

Sec. 131. Limitation on retiring C–5 aircraft. 

Sec. 132. Limitation on Joint Cargo Aircraft. 

Sec. 133. Clarification of limitation on retirement of U–2 aircraft. 

Sec. 134. Repeal of requirement to maintain retired C–130E tactical airlift aircraft. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for defense science and technology. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

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

Sec. 212. Limitation on systems development and demonstration of Joint Light 

Tactical Vehicle program. 

Sec. 213. Requirement to obligate funds for development and procurement of 

a competitive propulsion system for the Joint Strike Fighter. 

Sec. 214. Limitation on use of funds for manufacturing science and technology 

program. 

Subtitle C—Ballistic Missile Defense 

Sec. 221. Oversight of Missile Defense Agency programs by Director of Operational Test and Evaluation. 

Sec. 222. Fielding of ballistic missile defense capabilities and future roles and 

missions of Missile Defense Agency. 

Sec. 223. Limitation on use of funds for replacing warhead on SM–3 Block IIA 

missile. 

Sec. 224. Two-year extension of Comptroller General assessments of ballistic 

missile defense programs. 

Sec. 225. Independent study on deploying missile defense system in Europe. 

Sec. 226. Sense of Congress concerning full support for development and fielding of a layered ballistic missile defense. 

Sec. 227. Increased funds for X Lab battlespace laboratory. 


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Sec. 228. Expand United States ballistic missile defense system integration 

with Israel. 

Subtitle D—Other Matters 

Sec. 231. Responsibility for human systems integration activities. 

Sec. 232. Expansion of authority for encouragement of technology transfer. 

Sec. 233. Reduction of amounts for Army Venture Capital Fund demonstration. 

Sec. 234. Independent tests for combat helmet pad suspension systems. 

Sec. 235. Report on implementation of Manufacturing Technology Program. 

Sec. 236. Assessment of sufficiency of test and evaluation personnel. 

Sec. 237. Repeal of requirement for separate reports on technology area review 

and assessment summaries. 

Sec. 238. Modeling, analysis, and simulation of military and non-military operations in complex urban environments. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Working capital funds. 

Sec. 303. Other Department of Defense Programs. 

Subtitle B—Environmental Provisions 

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

in connection with Moses Lake Wellfield Superfund Site, Moses 

Lake, Washington. 

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

in connection with Arctic Surplus Superfund Site, Fairbanks, 

Alaska. 

Sec. 313. Payment to Environmental Protection Agency of stipulated penalty 

in connection with Jackson Park Housing Complex, Washington. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Increase in threshold amount for contracts for procurement of capital 

assets in advance of availability of working-capital funds for 

the procurement. 

Sec. 322. Authorization of availability of working-capital funds for certain product improvements. 

Sec. 323. Authorization of use of working-capital funds for acquisition of certain items. 

Sec. 324. Modification to public-private competition requirements before conversion to contractor performance. 

Sec. 325. Public-private competition at end of period specified in performance 

agreement not required. 

Sec. 326. Guidelines on insourcing new and contracted out functions. 

Sec. 327. Additional requirements for annual report on public-private competitions. 

Sec. 328. Restriction on Office of Management and Budget influence over Department of Defense public-private competitions. 

Sec. 329. Bid Protests by Federal Employees in actions under Office of Management Budget Circular A–76. 


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Sec. 330. Public-private competition required before conversion to contractor 

performance. 

Sec. 331. Reauthorization and modification of multi-trades demonstration 

project. 

Subtitle D—Extension of Program Authorities 

Sec. 341. Extension of Arsenal Support Program Initiative. 

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

members of the Armed Forces deployed in contingency operations. 

Subtitle E—Reports 

Sec. 351. Inclusion of National Guard readiness for civil support missions in 

quarterly personnel and unit readiness report. 

Sec. 352. Plan to improve readiness of active and reserve component ground 

forces. 

Sec. 353. Plan for optimal use of strategic ports by commander of Surface Distribution and Deployment Command. 

Sec. 354. Independent assessment of Civil Reserve Air Fleet viability. 

Sec. 355. Annual report on prepositioned materiel and equipment. 

Sec. 356. Conditions on relocation of North American Aerospace Defense command center and related functions from Cheyenne Mountain to 

Peterson Air Force Base. 

Sec. 357. Report on public-private partnerships. 

Subtitle F—Other Matters 

Sec. 361. Authority for Department of Defense to provide support for certain 

sporting events. 

Sec. 362. Reasonable restrictions on payment of full replacement value for lost 

or damaged personal property transported at Government expense. 

Sec. 363. Priority transportation on Department of Defense aircraft of retired 

members residing in Commonwealths and possessions of the 

United States for certain health care services. 

Sec. 364. Recovery of missing military property. 

Sec. 365. Retention of Army combat uniforms by members of Army deployed 

in support of contingency operations. 

Sec. 366. Issue of serviceable material other than to Armed Forces. 

Sec. 367. Prohibition on deactivation of 36th Rescue Flight. 

Sec. 368. Limitation on expenditure of funds for initial flight screening at 

Pueblo Memorial Airport. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

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

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

duty end strengths for fiscal years 2009 and 2010. 

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

the grade of major. 

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

the grades of lieutenant commander, commander, and captain. 


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Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

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

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

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

duty for operational support. 

Sec. 416. Future authorizations and accounting for certain reserve component 

personnel authorized to be on active duty or full-time National 

Guard duty to provide operational support. 

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

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

Sec. 422. Armed Forces Retirement Home. 

Sec. 423. Offsetting transfers from National Defense Stockpile Transaction 

Fund. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

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

Sec. 502. Increase in years of commissioned service threshold for discharge of 

probationary officers and for use of force shaping authority. 

Sec. 503. Special promotion authority for Navy career military professors. 

Subtitle B—Reserve Component Matters 

Sec. 511. Mandatory separation of Reserve officers in the grade of lieutenant 

general or vice admiral after completion of 38 years of commissioned service. 

Sec. 512. Constructive service credit upon original appointment of reserve officers in certain health care professions. 

Sec. 513. Maximum period of temporary Federal recognition of person as Army 

National Guard officer or Air Force Reserve officer. 

Sec. 514. Military technicians (dual status) in the Selected Reserve. 

Sec. 515. Working group on reintegration of reserve component members returning from deployment. 

Sec. 516. National Guard yellow ribbon reintegration program. 

Sec. 517. Advance notice to members of reserve components of deployment in 

support of contingency operations. 

Subtitle C—Education and Training 

Sec. 521. Reduction or elimination of service obligation in an Army Reserve or 

Army National Guard troop program unit for certain persons 

selected as medical students at Uniformed Services University 

of the Health Sciences. 

Sec. 522. Increase in annual limit on number of ROTC scholarships under 

Army Reserve and Army National Guard program. 

Sec. 523. Revisions to authority to pay tuition for off-duty training or education. 

Sec. 524. National Defense University master’s degree programs. 


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Sec. 525. Recodification in title 38, United States Code, of certain educational 

assistance programs for members of the reserve components. 

Sec. 526. Secretary of Defense evaluation of the adequacy of the degree-granting authorities of certain military universities and educational 

institutions. 

Sec. 527. Navy Junior Reserve Officers’ Training Corps unit for Southold, 

Mattituck, and Greenport high schools. 

Sec. 528. Navy Senior Reserve Officers’ Training Corps program at University 

of Miami, Coral Gables, Florida. 

Sec. 529. Intensified efforts to publicize and award scholarships to students attending historically Black colleges and universities and Hispanic-serving institutions. 

Sec. 530. Sense of Congress with respect to extension of time limitation for use 

of entitlement to education benefits by members of Selected 

Reserve and members of reserve component supporting contingency operations. 

Subtitle D—General Service Authorities 

Sec. 531. Authority to reduce required service obligation for initial appointment 

of qualified health professionals as officers in critical specialties. 

Sec. 532. Reenlistment in former enlisted grade after service as an officer. 

Subtitle E—Military Justice and Legal Assistance Matters 

Sec. 541. Authority to designate certain civilian employees of the Federal Government as eligible for legal assistance from Department of 

Defense legal staff resources. 

Subtitle F—Decorations and Awards 

Sec. 551. Authorization and request for award of Medal of Honor to Leslie H. 

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

Sec. 552. Authorization and request for award of Medal of Honor to Henry 

Svehla for acts of valor during the Korean War. 

Sec. 553. Authorization and request for award of Medal of Honor to Woodrow 

W. Keeble for acts of valor during the Korean War. 

Sec. 554. Authorization and request for award of Medal of Honor to Private 

Philip G. Shadrach for acts of valor during the Civil War. 

Sec. 555. Authorization and request for award of Medal of Honor to Private 

George D. Wilson for acts of valor as one of Andrews Raiders 

during the Civil War. 

Sec. 556. Cold War Victory Medal. 

Sec. 557. Establishment of Combat Medevac Badge. 

Subtitle G—Impact Aid and Defense Dependents Education System 

Sec. 561. Tuition assistance for military dependents in overseas areas where 

schools operated by Defense Dependents’ Education System 

are not reasonably available. 

Sec. 562. Continuation of authority to assist local educational agencies that 

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

Subtitle H—Other Matters 


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Sec. 571. Extension of authority to accept gifts, devises, or bequests to benefit 

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

Sec. 572. Uniform performance policies for military bands and other musical 

units. 

Sec. 573. Repeal of limitation on number of academies of Department of Defense STARBASE Program in a single State. 

Sec. 574. Combat veterans mentoring program for current members of the 

Armed Forces. 

Sec. 575. Recognition of members of the Monuments, Fine Arts, and Archives 

program of the Civil Affairs and Military Government Sections 

of the Armed Forces during and following World War II. 

Sec. 576. Program to commemorate 50th anniversary of the Vietnam War. 

Sec. 577. Protection of child custody arrangements for parents who are members of the Armed Forces deployed in support of a contingency 

operation. 

Sec. 578. Limitation on simultaneous deployment to combat zones of dual-military couples who have minor dependents. 

Sec. 579. Prohibition against members of the Armed Forces participating in 

criminal street gangs. 

Sec. 580. Study of feasibility of establishing a pilot program on family-to-family 

support for families of members of the National Guard and Reserves undergoing deployment. 

Sec. 581. Study regarding improving support services for children, infants, and 

toddlers of members of the National Guard and Reserve undergoing deployment. 

Sec. 582. Prohibition on the unauthorized use of names and images of members 

of the Armed Forces. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

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

Sec. 602. Basic allowance for housing for reserve component members without 

dependents who attend accession training while maintaining a 

primary residence. 

Sec. 603. Income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service. 

Sec. 604. Participation of members of the uniformed services in Thrift Savings 

Plan. 

Sec. 605. Enhancement of referral bonus to encourage service in the Army. 

Sec. 606. Guaranteed pay increase for members of the Armed Forces of onehalf of one percentage point higher than Employment Cost 

Index. 

Subtitle B—Bonuses and Special and Incentive Pays 

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

forces. 

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

professionals. 

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

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

special pays. 


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

medical officers. 

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

Sec. 617. Definition of sea duty for career sea pay to include multi-crew ships. 

Sec. 618. Reenlistment bonus for members of the Selected Reserve. 

Sec. 619. Availability of Selected Reserve accession bonus for persons who previously served in the Armed Forces for a short period. 

Sec. 620. Availability of nuclear officer continuation pay for officers with more 

than 26 years of commissioned service. 

Sec. 621. Waiver of years-of-service limitation on receipt of critical skills retention bonus. 

Sec. 622. Accession bonus for participants in the Armed Forces Health Professional Scholarship and Financial Assistance Program. 

Sec. 623. Payment of assignment incentive pay for Reserve members serving in 

combat zone for more than 22 months. 

Sec. 624. Increase in maximum monthly rate of hardship duty pay. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Allowance for participation in Reserve screening conducted through 

electronic means. 

Sec. 632. Allowance for civilian clothing for members of the Armed Forces traveling in connection with medical evacuation. 

Sec. 633. Moving expenses for JROTC instructors who agree to serve in hardto-fill positions. 

Sec. 634. Transportation of additional motor vehicle of members on change of 

permanent station to or from nonforeign areas outside the continental United States. 

Sec. 635. Payment of inactive duty training travel costs for certain Selected Reserve members. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Disregarding periods of confinement of member in determining benefits for dependents who are victims of abuse by the member. 

Sec. 642. Continuation of authority for members of the Armed Forces to designate a recipient for a portion of the death gratuity. 

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

for dependency and indemnity compensation. 

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

Survivor Benefit Plan annuity offset for dependency and indemnity compensation. 

Sec. 645. Expansion of combat-related special compensation eligibility for chapter 61 military retirees with fewer than 20 years of creditable 

service. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

Sec. 651. Access to Defense Commissary and Exchange System by surviving 

spouse and dependents of certain disabled veterans. 

Sec. 652. Authority to continue commissary and exchange benefits for certain 

involuntarily separated members of the Armed Forces. 

Sec. 653. Authorization of installment deductions from pay of employees of executive branch instrumentalities to collect indebtedness to the 

United States. 


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

Authorities 

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

the uniformed services. 

Sec. 662. Transitional provisions. 

Subtitle G—Other Matters 

Sec. 671. Expansion of education loan repayment program for members of the 

Selected Reserve. 

Sec. 672. Ensuring entry into United States after time abroad for permanent 

resident alien military spouses and children. 

Sec. 673. Overseas naturalization for military spouses and children. 

Sec. 674. Postal benefits program for members of the Armed Forces serving in 

Iraq or Afghanistan. 

Sec. 675. Leave for military families. 

TITLE VII—HEALTH CARE PROVISIONS 

Sec. 701. Extension of prohibition on increases in certain health care costs for 

members of the uniformed services. 

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

Sec. 703. Fair pricing under pharmacy benefits program. 

Sec. 704. Prohibition on conversion of military medical and dental positions to 

civilian medical and dental positions. 

Sec. 705. Establishment of Nurse Practitioner Program. 

Sec. 706. Services of mental health counselors. 

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

Sec. 708. Stipend for members of Reserve Components for health care for certain dependents. 

Sec. 709. Joint Pathology Center. 

Sec. 710. Report on training in preservation of remains under combat or combat-related conditions. 

Sec. 711. Pre- and post-deployment assessments for the purpose of determining 

the cognitive functioning and brain health of deployed members 

of the Armed Forces. 

Sec. 712. Guaranteed funding for Walter Reed Army Medical Center. 

Sec. 713. Report and study on multiple vaccinations of members of the Armed 

Forces. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Definition of commercial services. 

Sec. 802. Acquisition workforce provisions. 

Sec. 803. Guidance on defense procurements made through contracts of other 

agencies. 

Sec. 804. Prohibition on procurement from beneficiaries of foreign subsidies. 

Sec. 805. Prohibition on procurement from companies in violation of the Iran 

and Syria Nonproliferation Act. 

Sec. 806. Lead systems integrators. 

Sec. 807. Procurement goal for Native Hawaiian-serving institutions and Alaska Native-serving institutions. 


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Sec. 808. Reinvestment in domestic sources of strategic materials. 

Sec. 809. Clarification of the protection of strategic materials critical to national security. 

Sec. 810. Debarment of contractors convicted of criminal violations of the Arms 

Export Control Act. 

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

Limitations 

Sec. 811. Change to the Truth in Negotiations Act exception for the acquisition 

of a commercial item. 

Sec. 812. Clarification of submission of cost or pricing data on noncommercial 

modifications of commercial items. 

Sec. 813. Plan for restricting Government-unique contract clauses on commercial contracts. 

Sec. 814. Extension of authority for use of simplified acquisition procedures for 

certain commercial items. 

Sec. 815. Extension of authority to fill shortage category positions for certain 

federal acquisition positions. 

Sec. 816. Extension of authority to carry out certain prototype projects. 

Sec. 817. Clarification of limited acquisition authority for special operations 

command. 

Sec. 818. Exemption of special operations command from certain requirements 

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

Sec. 819. Provision of authority to maintain equipment to unified combatant 

command for joint warfighting. 

Sec. 820. Market research. 

Subtitle C—Accountability in Contracting 

Sec. 821. Limitation on length of noncompetitive contracts. 

Sec. 822. Maximizing fixed-price procurement contracts. 

Sec. 823. Public disclosure of justification and approval documents for noncompetitive contracts. 

Sec. 824. Disclosure of Government contractor audit findings. 

Sec. 825. Study of acquisition workforce. 

Sec. 826. Report to Congress. 

Subtitle D—Contracts Relating to Iraq and Afghanistan 

Sec. 831. Memorandum of understanding on matters relating to contracting. 

Sec. 832. Comptroller General reviews and reports on contracting in Iraq and 

Afghanistan. 

Sec. 833. Definitions. 

Sec. 834. Competition for equipment supplied to Iraq and Afghanistan. 

Subtitle E—Other Matters 

Sec. 841. Rapid Commercial Information Technology Identification Demonstration Project. 

Sec. 842. Report to Congress required on delays in major phases of acquisition 

process for major automated information system programs. 

Sec. 843. Requirement for licensing of certain military designations and 

likenesses of weapons systems to toy and hobby manufacturers. 

Sec. 844. Change in grounds for waiver of limitation on service contract to acquire military flight simulator. 


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Sec. 845. Evaluation of cost of compliance with requirement to buy certain articles from American sources. 

Sec. 846. Requirements relating to waivers of certain domestic source limitations. 

Sec. 847. Multiple cost threshold breaches. 

Sec. 848. Phone cards. 

Sec. 849. Jurisdiction under Contract Disputes Act of 1978 over claims, disputes, and appeals arising out of maritime contracts. 

Sec. 850. Clarification of jurisdiction of the United States district courts to 

hear bid protest disputes involving maritime contracts. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Additional requirements relating to limitation on major Department 

of Defense headquarters activities personnel. 

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

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

Defense leadership positions. 

Sec. 904. Revisions in functions and activities of special operations command. 

Sec. 905. Redesignation of the Department of the Navy as the Department of 

the Navy and Marine Corps. 

Sec. 906. Management system of the Department of Defense. 

Sec. 907. Acquisition parity for Special Operations Command. 

Sec. 908. Department of Defense Board of Actuaries. 

Subtitle B—Space Activities 

Sec. 911. Space protection policy and strategy. 

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

Subtitle C—Chemical Demilitarization Program 

Sec. 921. Chemical demilitarization citizens advisory commissions. 

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

chemical weapons stockpile. 

Subtitle D—Intelligence-Related Matters 

Sec. 931. Reports on foreign language proficiency. 

Sec. 932. Technical amendments to title 10, United States Code, arising from 

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

Subtitle E—Roles and Missions Analysis 

Sec. 941. Analysis and organization of roles and missions of Department of Defense. 

Sec. 942. Identification of core competencies of the military departments and 

other entities within the Department of Defense. 

Sec. 943. Review of capabilities of the military departments and other entities. 

Sec. 944. Joint Requirements Oversight Council additional duties relating to 

core mission areas. 

Sec. 945. Requirement for certification of major systems prior to technology development. 


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Sec. 946. Presentation of future-years mission budget by core mission area. 

Sec. 947. Future capability planning by Joint Requirements Oversight Council. 

Subtitle F—Other Matters 

Sec. 951. Department of Defense consideration of effect of climate change on 

Department facilities, capabilities, and missions. 

Sec. 952. Interagency policy coordination. 

Sec. 953. Expansion of employment creditable under service agreements under 

National Security Education Program. 

Sec. 954. Study of national security interagency system. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. United States contribution to NATO common-funded budgets in fiscal year 2008. 

Subtitle B—Policy Relating to Vessels and Shipyards 

Sec. 1011. Limitation on leasing of foreign-built vessels. 

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

United States Navy. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Extension of authority for joint task forces to provide support to law 

enforcement agencies conducting counter-terrorism activities. 

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

Subtitle D—Reports 

Sec. 1031. Extension and modification of report relating to hardened and deeply buried targets. 

Sec. 1032. Comptroller General review of the Joint Improvised Explosive Device Defeat Organization. 

Sec. 1033. Report on a national joint modeling and simulation development 

strategy. 

Sec. 1034. Report on impact on families of military personnel serving multiple 

overseas deployments. 

Sec. 1035. Commercial aviation technologies. 

Sec. 1036. Review of Department of Defense procedures to classify excess defense articles and defense services with military technology 

components. 

Subtitle E—Other Matters 

Sec. 1041. Enhancement of corrosion control and prevention functions within 

Department of Defense. 

Sec. 1042. Support by National Guard for national special security events and 

other critical national security activities. 

Sec. 1043. Improved authority to provide rewards for assistance in combating 

terrorism. 

Sec. 1044. Revision of proficiency flying definition. 


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Sec. 1045. Support for non-Federal development and testing of material for 

chemical agent defense. 

Sec. 1046. Congressional Commission on the Strategic Posture of the United 

States. 

Sec. 1047. Technical and clerical amendments. 

Sec. 1048. Repeal of certification requirement. 

Sec. 1049. Prohibition on sale by Department of Defense of parts for F–14 

fighter aircraft. 

Sec. 1050. Maintenance of capability for space-based nuclear detection. 

Sec. 1051. Additional weapons of mass destruction civil support teams. 

Sec. 1052. Sense of Congress regarding need to replace Army M109 155mm 

self-propelled howitzer. 

Sec. 1053. Sense of Congress regarding detainees at Naval Station, Guantanamo Bay, Cuba. 

Sec. 1054. Repeal of provisions in section 1076 of Public Law 109–364 relating 

to use of Armed Forces in major public emergencies. 

Sec. 1055. Sense of Congress regarding a memorial for members of the Armed 

Forces who died in air crash in Bakers Creek, Australia. 

Sec. 1056. Background investigations required for civilians entering military facilities and installations. 

Sec. 1057. A report on transferring individuals detained at Naval Station, 

Guantanamo Bay, Cuba. 

Sec. 1058. Study and report on use of power management software. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

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

hours. 

Sec. 1102. Special benefits for civilian employees assigned on deployment temporary change of station. 

Sec. 1103. Accumulation of annual leave by senior level employees. 

Sec. 1104. Travel compensation for wage grade personnel. 

Sec. 1105. Death gratuity authorized for Federal employees. 

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

Sec. 1107. Annuity commencing dates. 

Sec. 1108. Flexibility in setting pay for employees who move from a Department of Defense or Coast Guard nonappropriated fund instrumentality position to a position in the General Schedule pay 

system. 

Sec. 1109. Transportation of dependents, household effects, and personal property to former home following death of Federal employee where 

death resulted from disease or injury incurred in a combat 

zone. 

Sec. 1110. Use of leave transfer program by wounded veterans who are Federal 

employees. 

Sec. 1111. Requirement for full implementation of personnel demonstration 

project. 

Sec. 1112. Extension of information technology exchange program with respect 

to the Department of Defense. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

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

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


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

of certain foreign nations. 

Sec. 1204. Extension and expansion of Department of Defense authority to 

participate in multinational military centers of excellence. 

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

Sec. 1206. Expansion of program to build the capacity of foreign military 

forces to include Pakistan’s other security forces. 

Sec. 1207. Authority to provide assistance to foreign nations to assist in recovery and accounting activities for missing United States Government personnel. 

Sec. 1208. Authority to provide automatic identification system data on maritime shipping to foreign countries and international organizations. 

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

Subtitle B—Matters Relating to Iraq 

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

for Iraq Reconstruction. 

Sec. 1222. Continuation of prohibition on establishment of permanent military 

installations in Iraq or United States control over oil resources 

of Iraq. 

Sec. 1223. Report on Department of Defense efforts to build the capacity of 

the Government of Iraq to carry out reconstruction activities 

in Iraq. 

Sec. 1224. Report on implementation of Multi-National Forces–Iraq/United 

States Embassy Baghdad Joint Campaign Plan and efforts to 

achieve political reform in Iraq. 

Sec. 1225. Report on training of the Iraqi Security Forces. 

Sec. 1226. Sense of Congress on responsibilities of the Iraqi Council of Representatives to enact laws to achieve political reform and diminish support for the insurgency in Iraq. 

Subtitle C—Matters Relating to Afghanistan 

Sec. 1231. Special Inspector General for Afghanistan Reconstruction. 

Sec. 1232. Report on progress toward security and stability in Afghanistan. 

Sec. 1233. Report on progress of the Department of Defense’s counter-narcotics program for Afghanistan. 

Sec. 1234. United States plan for sustaining the Afghanistan National Security 

Forces. 

Sec. 1235. Report on operational status of the airfield located in Abeche, Chad. 

Subtitle D—Other Matters 

Sec. 1241. Cooperative research and development agreements: NATO organizations; allied and friendly foreign countries. 

Sec. 1242. Extension of Counterproliferation Program Review Committee. 

Sec. 1243. Sense of Congress concerning the Western Hemisphere Institute for 

Security Cooperation. 

Sec. 1244. Sense of Congress concerning the strategic military capabilities and 

intentions of the People’s Republic of China. 

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES 

OF THE FORMER SOVIET UNION 


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

Sec. 1302. Funding allocations. 

Sec. 1303. New initiatives for the Cooperative Threat Reduction Program. 

Sec. 1304. Requirements relating to chemical weapons destruction at 

Shchuch’ye, Russia. 

Sec. 1305. Repeal of restrictions on Cooperative Threat Reduction Program. 

Sec. 1306. Authority to use Cooperative Threat Reduction funds outside the 

former Soviet Union. 

Sec. 1307. Clarification of amounts for Cooperative Threat Reduction programs. 

TITLE XIV—WOUNDED WARRIOR ASSISTANCE 

Sec. 1401. Definitions. 

Subtitle A—Improved Assistance for Wounded Warriors 

Sec. 1411. Improvements to medical and dental care for members of the Armed 

Forces assigned to hospitals in an outpatient status. 

Sec. 1412. Establishment of a Department of Defense-wide Ombudsman Office. 

Sec. 1413. Establishment of toll-free hot line for reporting deficiencies in medical-related support facilities and expedited response to reports 

of deficiencies. 

Sec. 1414. Notification to Congress of hospitalization of combat wounded service members. 

Sec. 1415. Independent medical advocate for members before medical evaluation boards. 

Sec. 1416. Training and workload for physical evaluation board liaison officers. 

Sec. 1417. Standardized training program and curriculum for Department of 

Defense disability evaluation system. 

Sec. 1418. Improved training for health care professionals, medical care case 

managers, and service member advocates on particular conditions of recovering service members. 

Sec. 1419. Pilot program to establish an Army Wounded Warrior Battalion at 

an appropriate active duty base. 

Sec. 1420. Criteria for removal of member from temporary disability retired 

list. 

Sec. 1421. Improved transition of members of the Armed Forces to Department of Veterans Affairs upon retirement or separation. 

Sec. 1422. Establishment of Medical Support Fund for support of members of 

the Armed Forces returning to military service or civilian life. 

Sec. 1423. Oversight Board for Wounded Warriors. 

Sec. 1424. Option for members of reserve components to use military medical 

treatment facilities closest to home for certain injuries. 

Sec. 1425. Plans and research for reducing post traumatic stress disorder. 

Subtitle B—Studies and Reports 

Sec. 1431. Annual report on military medical facilities. 

Sec. 1432. Access of recovering service members to adequate outpatient residential facilities. 

Sec. 1433. Evaluation and report on Department of Defense and Department 

of Veterans Affairs disability evaluation systems. 

Sec. 1434. Study and report on support services for families of recovering service members. 

Sec. 1435. Report on traumatic brain injury classifications. 


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Sec. 1436. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned 

Officer Program. 

Sec. 1437. Study and report on standard soldier patient tracking system. 

Sec. 1438. Study and report on waiting periods for appointments at Department of Veterans Affairs medical facilities. 

Sec. 1439. Department of Defense study on the feasibility of measuring family 

member satisfaction with health care services. 

Subtitle C—General Provisions 

Sec. 1451. Moratorium on conversion to contractor performance of Department 

of Defense functions at military medical facilities. 

Sec. 1452. Prohibition on transfer of resources from medical care. 

Sec. 1453. Increase in physicians at hospitals of the Department of Veterans 

Affairs. 

Sec. 1454. Transportation of remains of deceased members of the Armed 

Forces and certain other persons. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS 

FOR OPERATION IRAQI FREEDOM AND OPERATION ENDURING 

FREEDOM 

Sec. 1501. Purpose and statement of congressional policy. 

Sec. 1502. Army procurement. 

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Air Force procurement. 

Sec. 1505. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1506. Defense-wide activities procurement. 

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

Sec. 1508. Operation and maintenance. 

Sec. 1509. Working capital funds. 

Sec. 1510. Other Department of Defense programs. 

Sec. 1511. Iraq Freedom Fund. 

Sec. 1512. Iraq Security Forces Fund. 

Sec. 1513. Afghanistan Security Forces Fund. 

Sec. 1514. Military personnel. 

Sec. 1515. Authorized Army construction and land acquisition projects. 

Sec. 1516. Authorized Navy construction and land acquisition projects. 

Sec. 1517. National Nuclear Security Administration. 

Sec. 1518. Treatment as additional authorizations. 

TITLE XVI—NATIONAL GUARD ENHANCEMENT 

Sec. 1601. Short title. 

Subtitle A—National Guard Bureau 

Sec. 1611. Enhancement of duties and position of Chief of the National Guard 

Bureau. 

Sec. 1612. Establishment of National Guard Bureau as joint activity of Department of Defense. 

Sec. 1613. Enhancement of functions of National Guard Bureau. 

Sec. 1614. Requirement for Secretary of Defense to prepare annual plan for response to natural disasters and terrorist events. 

Sec. 1615. Determination of Department of Defense civil support requirements. 

Sec. 1616. Conforming and clerical amendments. 


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Subtitle B—Additional Reserve Component Enhancement 

Sec. 1621. United States Northern Command. 

Sec. 1622. Council of Governors. 

Sec. 1623. Reserve Components Policy Board. 

Sec. 1624. Requirements for certain high-level positions to be held by reserve 

component general or flag officers. 

Sec. 1625. Retirement age and years of service limitations on certain reserve 

general and flag officers. 

Sec. 1626. Additional reporting requirements relating to National Guard equipment. 

TITLE XVII—DEFENSE READINESS PRODUCTION BOARD 

Sec. 1701. Purpose. 

Sec. 1702. Establishment of Defense Readiness Production Board. 

Sec. 1703. Defense Production Industry Advisory Council. 

Sec. 1704. Role of Chairman of Board in certain reporting processes. 

Sec. 1705. Authority to use multiyear contracts. 

Sec. 1706. Transfer authority. 

Sec. 1707. Special authority for use of working capital funds for critical readiness requirements. 

Sec. 1708. Strategic Readiness Fund. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

TITLE XXI—ARMY 

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

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2006 

project. 

TITLE XXII—NAVY 

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

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Repeal of authorization for construction of Navy Outlying Landing 

Field, Washington County, North Carolina. 

TITLE XXIII—AIR FORCE 

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

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Modification of authority to carry out certain fiscal year 2006 

project. 

TITLE XXIV—DEFENSE AGENCIES 


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Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorized base closure and realignment activities funded through 

Department of Defense Base Closure Account 2005. 

Sec. 2404. Authorization of appropriations, Defense Agencies. 

Sec. 2405. Wounded warrior facility support. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Guard and Reserve construction and land acquisition 

projects. 

TITLE XXVII—EXPIRATION AND EXTENSION OF 

AUTHORIZATIONS 

Sec. 2701. Expiration of authorizations and amounts required to be specified 

by law. 

Sec. 2702. Extension of authorizations of certain fiscal year 2005 projects. 

Sec. 2703. Extension of authorizations of certain fiscal year 2004 projects. 

Sec. 2704. Effective date. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

Sec. 2801. Temporary authority to support revitalization of Department of Defense laboratories through unspecified minor military construction projects. 

Sec. 2802. Increased threshold for congressional notification of leases for military family housing facilities in foreign countries. 

Sec. 2803. Limitation on use of alternative authority for acquisition and improvement of military housing for privatization of temporary 

lodging facilities. 

Sec. 2804. Expansion of authority to exchange reserve component facilities. 

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

Sec. 2806. Authority to use operation and maintenance funds for construction 

projects outside the United States. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Continued consolidation of real property provisions without substantive change. 

Sec. 2812. Cooperative agreement authority for management of cultural resources on certain sites outside military installations. 

Sec. 2813. Agreements to limit encroachments and other constraints on military training, testing, and operations. 

Sec. 2814. Expansion to all military departments of Army pilot program for 

purchase of certain municipal services for military installations. 


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Sec. 2815. Retention of proceeds from enhanced use leases at Selfridge Air National Guard Base. 

Sec. 2816. Prohibition on commercial flights into Selfridge Air National Guard 

Base. 

Sec. 2817. Niagara Air Reserve Base, New York, basing report. 

Subtitle C—Base Closure and Realignment 

Sec. 2821. Transfer of funds from Department of Defense Base Closure Account 2005 to Department of Defense Housing Funds. 

Sec. 2822. Conditions on transfer of military personnel and civilian employees 

to Fort Belvoir, Virginia, as part of realignment of the installation. 

Subtitle D—Land Conveyances 

Sec. 2831. Conditions on acquisition of land for expansion of Pinon Canyon 

Maneuver Site, Colorado. 

Sec. 2832. Grant of easement, Eglin Air Force Base, Florida. 

Sec. 2833. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida. 

Sec. 2834. Additional conditions on lease of property for headquarters facility 

for United States Southern Command, Florida. 

Sec. 2835. Transfer of jurisdiction, former Nike missile site, Grosse Isle, Michigan. 

Sec. 2836. Land Exchange, Fort Hood, Texas. 

Sec. 2837. Exchange of jurisdiction over real property involving Fort Belvoir, 

Virginia. 

Sec. 2838. Modification of conveyance authority, Marine Corps Base, Camp 

Pendleton, California. 

Subtitle E—Energy Security 

Sec. 2851. Repeal of congressional notification requirement regarding cancellation ceiling for Department of Defense energy savings performance contracts. 

Sec. 2852. Report on opportunities for leveraging funds of the Department of 

Defense and States to prevent disruption in event of electric 

grid or pipeline failures. 

Sec. 2853. Use of energy efficient lighting fixtures and bulbs in Department 

of Defense facilities. 

Sec. 2854. Department of Defense requirements regarding use of renewable energy to meet at least 25 percent of Department electricity 

needs. 

Subtitle F—Other Matters 

Sec. 2861. Revised deadline for transfer of Arlington Naval Annex to Arlington 

National Cemetery. 

Sec. 2862. Transfer of jurisdiction over Air Force Memorial to Department of 

the Air Force. 

Sec. 2863. Establishment of national military working dog teams monument on 

suitable military installation. 

Sec. 2864. Naming housing facility at Fort Carson, Colorado, in honor of the 

Honorable Joel Hefley, a former member of the United States 

House of Representatives. 


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Sec. 2865. Naming Navy and Marine Corps Reserve Center at Rock Island, Illinois, in honor of the Honorable Lane Evans, a former member of the United States House of Representatives. 

Sec. 2866. Naming of research laboratory at Air Force Rome Research Site, 

Rome, New York, in honor of the Honorable Sherwood L. 

Boehlert, a former member of the United States House of Representatives. 

Sec. 2867. Naming of administration building at Joint Systems Manufacturing 

Center, Lima, Ohio, in honor of the Honorable Michael G. 

Oxley, a former member of the United States House of Representatives. 

Sec. 2868. Naming of Logistics Automation Training Facility, Army Quartermaster Center and School, Fort Lee, Virginia, in honor of General Richard H. Thompson. 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Sec. 3105. Other atomic energy defense activities. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Study on using existing pits for the Reliable Replacement Warhead 

program. 

Sec. 3112. National Nuclear Security Administration study on nuclear weapons 

complex protective forces. 

Sec. 3113. Report on retirement and dismantlement of nuclear warheads. 

Sec. 3114. Assessment of security risks posed to nuclear weapons complex. 

Sec. 3115. Department of Energy report on plan to strengthen and expand 

International Radiological Threat Reduction program. 

Sec. 3116. Department of Energy report on plan to strengthen and expand Materials Protection, Control, and Accounting program. 

Sec. 3117. Authority to use International Nuclear Materials Protection and Cooperation program funds outside the former Soviet Union. 

Sec. 3118. Increased authority for ombudsman under Energy Employees Occupational Illness Compensation Program. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 

Sec. 3301. Authorized uses of National Defense Stockpile funds. 

Sec. 3302. Revisions to required receipt objectives for previously authorized disposals from the national defense stockpile. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 


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Sec. 3401. Authorization of appropriations. 

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

TITLE XXXV—MARITIME ADMINISTRATION 

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

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

for disposal. 

Sec. 3503. Report of vessel disposal program. 

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

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

5 DIVISION A—DEPARTMENT OF 

6 DEFENSE AUTHORIZATIONS 

7 TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. National Guard and Reserve equipment. 

Subtitle B—Army Programs 

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

Sec. 112. Multiyear procurement authority for M2A3 Bradley Fighting Vehicles, M3A3 Cavalry Fighting Vehicles, and M2A3 Bradley Fire 

Support Team Vehicles. 

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

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

Sec. 115. Limitation on use of funds for Joint Network Node program pending 

certification to Congress. 

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

line pending report. 

Subtitle C—Navy Programs 

Sec. 121. Authority to transfer funds for submarine engineered refueling overhauls and conversions and for aircraft carrier refueling complex 

overhauls. 

Sec. 122. Multiyear procurement authority for Virginia-class submarine program. 


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Sec. 123. Limitation on final assembly of VH–71 Presidential transport helicopters. 

Sec. 124. Limitation on operational deployment of weapons system that uses 

Trident missiles converted to carry conventional payloads. 

Sec. 125. Program to provide contractors with capital expenditure incentives. 

Sec. 126. Limitation on use of shipbuilding and conversion, Navy, funds for 

employment of nonimmigrant workers. 

Sec. 127. Limitation on concurrent design and construction on first ship of a 

shipbuilding program. 

Subtitle D—Air Force Programs 

Sec. 131. Limitation on retiring C–5 aircraft. 

Sec. 132. Limitation on Joint Cargo Aircraft. 

Sec. 133. Clarification of limitation on retirement of U–2 aircraft. 

Sec. 134. Repeal of requirement to maintain retired C–130E tactical airlift aircraft. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 101. ARMY. 

4 Funds are hereby authorized to be appropriated for 

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

6 (1) For aircraft, $3,928,139,000. 

7 (2) For missiles, $2,114,902,000. 

8 (3) For weapons and tracked combat vehicles, 

9 $3,311,117,000. 

10 (4) For ammunition, $2,238,176,000. 

11 (5) For other procurement, $11,465,456,000. 

12 (6) For the Joint Improvised Explosive Device 

13 Defeat Fund, $500,000,000. 

14 SEC. 102. NAVY AND MARINE CORPS. 

15 (a) NAVY.—Funds are hereby authorized to be appro16 priated for fiscal year 2008 for procurement for the Navy 

17 as follows: 


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1 (1) For aircraft, $12,750,767,000. 

2 (2) For weapons, including missiles and tor3 pedoes, $3,058,387,000. 

4 (3) For shipbuilding and conversion, 

5 $15,744,120,000. 

6 (4) For other procurement, $5,443,612,000. 

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

8 be appropriated for fiscal year 2008 for procurement for 

9 the Marine Corps in the amount of $2,580,257,000. 

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

11 are hereby authorized to be appropriated for fiscal year 

12 2008 for procurement of ammunition for the Navy and 

13 the Marine Corps in the amount of $1,060,484,000. 

14 SEC. 103. AIR FORCE. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2008 for procurement for the Air Force as fol17 lows: 

18 (1) For aircraft, $12,356,270,000. 

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

20 (3) For missiles, $5,138,002,000. 

21 (4) For other procurement, $15,441,762,000. 

22 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

23 Funds are hereby authorized to be appropriated for 

24 fiscal year 2008 for Defense-wide procurement in the 

25 amount of $3,537,834,000. 


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1 SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT. 

2 Funds are hereby authorized to be appropriated for 

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

4 wheeled and tracked combat vehicles, tactical wheeled ve5 hicles, ammunition, other weapons, and other procurement 

6 for the reserve components of the Armed Forces in the 

7 amount of $1,131,850,000. 

8 Subtitle B—Army Programs 

9 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR 

10 M1A2 ABRAMS SYSTEM ENHANCEMENT PACK11 AGE VEHICLES. 

12 (a) AUTHORITY.—The Secretary of the Army may, 

13 in accordance with section 2306b of title 10, United States 

14 Code, enter into a multiyear contract, beginning with the 

15 fiscal year 2008 program year, for procurement of M1A2 

16 Abrams System Enhancement Package vehicles. 

17 (b) LIMITATION ON TERM OF CONTRACT.—Notwith18 standing subsection (k) of section 2306b of title 10, 

19 United States Code, a contract under this section may not 

20 be for a period in excess of five program years. 

21 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR 

22 M2A3 BRADLEY FIGHTING VEHICLES, M3A3 

23 CAVALRY FIGHTING VEHICLES, AND M2A3 

24 BRADLEY FIRE SUPPORT TEAM VEHICLES. 

25 (a) AUTHORITY.—The Secretary of the Army may, 

26 in accordance with section 2306b of title 10, United States 


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1 Code, enter into a multiyear contract, beginning with the 

2 fiscal year 2008 program year, for procurement of M2A3 

3 Bradley Fighting Vehicles, M3A3 Cavalry Fighting Vehi4 cles, and M2A3 Bradley Fire Support Team Vehicles. 

5 (b) LIMITATION ON TERM OF CONTRACT.—Notwith6 standing subsection (k) of section 2306b of title 10, 

7 United States Code, a contract under this section may not 

8 be for a period in excess of four program years. 

9 SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR 

10 CONVERSION OF CH–47D HELICOPTERS TO 

11 CH–47F CONFIGURATION. 

12 (a) AUTHORITY.—The Secretary of the Army may, 

13 in accordance with section 2306b of title 10, United States 

14 Code, enter into a multiyear contract, beginning with the 

15 fiscal year 2008 program year, for conversion of CH–47D 

16 helicopters to the CH–47F configuration. 

17 (b) LIMITATION ON TERM OF CONTRACT.—Notwith18 standing subsection (k) of section 2306b of title 10, 

19 United States Code, a contract under this section may not 

20 be for a period in excess of five program years. 

21 SEC. 114. MULTIYEAR PROCUREMENT AUTHORITY FOR CH–

22 47F HELICOPTERS. 

23 (a) AUTHORITY.—The Secretary of the Army may, 

24 in accordance with section 2306b of title 10, United States 

25 Code, enter into a multiyear contract, beginning with the 


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1 fiscal year 2008 program year, for procurement of CH– 

2 47F helicopters. 

3 (b) LIMITATION ON TERM OF CONTRACT.—Notwith4 standing subsection (k) of section 2306b of title 10, 

5 United States Code, a contract under this section may not 

6 be for a period in excess of five program years. 

7 SEC. 115. LIMITATION ON USE OF FUNDS FOR JOINT NET8 WORK NODE PROGRAM PENDING CERTIFI9 CATION TO CONGRESS. 

10 Of the amounts authorized to be appropriated for fis11 cal year 2008 for Other Procurement, Army, that are 

12 available for the Joint Network Node program, not more 

13 than 50 percent may be obligated or expended until the 

14 Secretary of the Army submits to the congressional de15 fense committees the Secretary’s certification, in writing, 

16 that— 

17 (1) the Joint Network Node program is a pro18 gram of record in accordance with Department of 

19 Defense Instruction 5000.2, ‘‘Operation of the De20 fense Acquisition System’’, dated May 12, 2003; 

21 (2) the Director of Operational Test and Eval22 uation has approved a plan for an operational test 

23 and evaluation of the Joint Network Node system; 

24 and 


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1 (3) the Army plans to procure all future lots of 

2 equipment for the Joint Network Node program 

3 through a competitive bid process. 

4 SEC. 116. PROHIBITION ON CLOSURE OF ARMY TACTICAL 

5 MISSILE SYSTEM PRODUCTION LINE PEND6 ING REPORT. 

7 (a) PROHIBITION.—Amounts appropriated pursuant 

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

9 for missiles, Army, and in section 1502(4) for missile pro10 curement, Army, and any other appropriated funds avail11 able to the Secretary of the Army may not be used to com12 mence, continue, or complete the closure of the production 

13 line for the Army Tactical Missile System program until 

14 at least 120 days after the date on which the Secretary 

15 of the Army submits to the congressional defense commit16 tees a report that contains— 

17 (1) the certification of the Secretary that the 

18 long range surface-to-surface strike and counter bat19 tery mission of the Army can be adequately per20 formed by other elements of the Armed Forces; 

21 (2) a plan to mitigate any shortfalls in the in22 dustrial base that would be created by the closure of 

23 the production line; and 


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1 (3) a plan to replace the Army’s capability to 

2 perform long range surface-to-surface strike and 

3 counter battery missions. 

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

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

6 Subtitle C—Navy Programs 

7 SEC. 121. AUTHORITY TO TRANSFER FUNDS FOR SUB8 MARINE ENGINEERED REFUELING OVER9 HAULS AND CONVERSIONS AND FOR AIR10 CRAFT CARRIER REFUELING COMPLEX 

11 OVERHAULS. 

12 (a) IN GENERAL.—Chapter 633 of title 10, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘§ 7317. Transfer of funds for submarine engineered 

16 refueling overhauls and conversions and 

17 for aircraft carrier refueling complex 

18 overhauls 

19 ‘‘(a) AUTHORITY.—From amounts made available to 

20 the Department of Defense for fiscal year 2008 or any 

21 fiscal year thereafter, the Secretary of Defense may trans22 fer, to the account for procurement, Navy, for shipbuilding 

23 and conversion, such amounts as the Secretary determines 

24 necessary to cover the costs of submarine engineered re25 fueling overhauls and conversions or aircraft carrier reVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 fueling complex overhauls. Amounts so transferred shall 

2 be merged with and be available for the same purposes 

3 and for the same time period as the appropriation to which 

4 transferred. This transfer authority is in addition to any 

5 other transfer authority available to the Secretary. 

6 ‘‘(b) DETERMINATION.—The authority under this 

7 section may be exercised only where the Secretary deter8 mines that the transfer of funds is required because of 

9 the discovery, during the overhaul or conversion con10 cerned, of unanticipated and emergent maintenance or re11 pair. 

12 ‘‘(c) NOTIFICATION.—A transfer may be made under 

13 this section if— 

14 ‘‘(1) the Secretary determines that the overhaul 

15 or conversion concerned can be completed, so as to 

16 return the submarine or aircraft carrier to a full 

17 operational status, with that transfer; and 

18 ‘‘(2) the Secretary submits to the congressional 

19 defense committees a written notification of the de20 termination required by subsection (b) and the de21 termination required by paragraph (1), together with 

22 explanations of the basis for each such determina23 tion. 

24 ‘‘(d) LIMITATION OF $20,000,000.—An overhaul or 

25 conversion may receive one or more transfers under this 


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1 section, but may not receive more than $20,000,000 in 

2 such transfers, regardless of fiscal year.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of such chapter is amended by adding 

5 at the end the following new item: 

‘‘7317. Transfer of funds for submarine engineered refueling overhauls and conversions and for aircraft carrier refueling complex overhauls.’’. 

6 SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR VIR7 GINIA-CLASS SUBMARINE PROGRAM. 

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

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

10 Code, enter into a multiyear contract, beginning with the 

11 fiscal year 2009 program year, for the procurement of Vir12 ginia-class submarines and Government-furnished equip13 ment associated with the Virginia-class submarine pro14 gram. 

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

16 a contract authorized by subsection (a) until— 

17 (1) the Secretary submits to the congressional 

18 defense committees a certification that the Secretary 

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

20 findings required by subsection (a) of section 

21 2306(b) of title 10, United States Code; and 

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

23 date of the transmission of such certification. 


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1 SEC. 123. LIMITATION ON FINAL ASSEMBLY OF VH–71 PRES2 IDENTIAL TRANSPORT HELICOPTERS. 

3 (a) IN GENERAL.—No funds appropriated pursuant 

4 to an authorization of appropriations or otherwise made 

5 available for aircraft procurement, Navy, may be obligated 

6 or expended for the final assembly of more than five VH– 

7 71 Presidential transport helicopters. 

8 (b) EXCEPTION.—The limitation in subsection (a) 

9 does not apply to a helicopter if the final assembly of the 

10 helicopter is carried out in the United States. 

11 SEC. 124. LIMITATION ON OPERATIONAL DEPLOYMENT OF 

12 WEAPONS SYSTEM THAT USES TRIDENT MIS13 SILES CONVERTED TO CARRY CONVEN14 TIONAL PAYLOADS. 

15 (a) LIMITATION.—No funds appropriated or other16 wise available to the Department of Defense for fiscal year 

17 2008 may be obligated or expended for operational deploy18 ment of a weapons system that uses Trident missiles con19 verted to carry conventional payloads. 

20 (b) NOTIFICATION.—Within 30 days after the date 

21 on which the Secretary of Defense determines that the 

22 weapons system referred to in subsection (a) is fully func23 tional and that fielding the weapons system is necessary 

24 to meet military requirements, the Secretary shall submit 

25 to the congressional defense committees notification, in 

26 writing, of that determination. 


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1 SEC. 125. PROGRAM TO PROVIDE CONTRACTORS WITH CAP2 ITAL EXPENDITURE INCENTIVES. 

3 (a) IN GENERAL.—From amounts made available for 

4 procurement, Navy, for shipbuilding and conversion, for 

5 fiscal year 2008 or any fiscal year thereafter, the Sec6 retary of the Navy may carry out a program under which 

7 the Secretary provides contractors with capital expendi8 ture incentives to support investment in facilities and 

9 process improvements for current and future Navy vessel 

10 construction contracts. 

11 (b) USE OF FUNDS.—Amounts provided to a con12 tractor under the program may be used for improvements 

13 that benefit any one or more of the shipbuilding programs 

14 in the contractor’s facilities. 

15 (c) ANALYSIS REQUIRED.—Amounts may be provided 

16 to a contractor under the program only if the contractor 

17 presents a proposal containing a fully supported analysis 

18 that demonstrates that the investment would lead to ship 

19 construction or life cycle savings to the Federal Govern20 ment by— 

21 (1) improvements in design, material, tech22 nology, or manufacturing process; 

23 (2) investing in shipyard infrastructure that 

24 would support construction process improvement; 

25 (3) investing in specialized workforce training, 

26 including apprenticeship training programs; or 


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1 (4) investing in construction process that would 

2 reduce life cycle maintenance costs of the vessels 

3 under construction at the contractor’s facilities. 

4 (d) APPROVAL.—The Secretary shall not provide 

5 amounts to a contractor under the program unless the 

6 Secretary determines that— 

7 (1) the analysis contained in the proposal is 

8 sound; and 

9 (2) providing those amounts is in the best inter10 ests of the United States. 

11 (e) DEMONSTRATION OF SAVINGS TO THE FEDERAL

12 GOVERNMENT.—The Secretary shall not provide amounts 

13 to a contractor under the program unless the Secretary 

14 and the contractor, as part of the approval process for 

15 a proposal, agree to measures, benchmarks, and 

16 recoupment provisions in the event the investment fails to 

17 demonstrate savings to the Federal Government. 

18 (f) REPORT.—At the end of each fiscal year, begin19 ning with fiscal year 2008, the Secretary shall submit to 

20 the congressional defense committees a report on the ac21 tivities carried out under this section during that fiscal 

22 year. The report shall describe each incentive approved 

23 during that fiscal year and, for each such incentive, in24 clude an estimate of the costs of providing the incentive 


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1 and an analysis of the potential savings to the Federal 

2 Government from the investment. 

3 (g) REGULATIONS.—The Secretary shall prescribe 

4 regulations to carry out this section. The initial regula5 tions shall be prescribed not later than 180 days after the 

6 date of the enactment of this Act. 

7 SEC. 126. LIMITATION ON USE OF SHIPBUILDING AND CON8 VERSION, NAVY, FUNDS FOR EMPLOYMENT 

9 OF NONIMMIGRANT WORKERS. 

10 (a) LIMITATION ON THE USE OF FUNDS.— 

11 (1) IN GENERAL.—Except as provided in sub12 section (c), funds appropriated or otherwise available 

13 to the Department of Defense for Shipbuilding and 

14 Conversion, Navy, for fiscal year 2008 or any fiscal 

15 year thereafter may not be used for the purpose of 

16 ship construction at the facility of a contractor who, 

17 for the purposes of United States Navy ship con18 struction, employs or contracts for foreign workers 

19 who are legally present in the United States under 

20 a H2B visa. 

21 (2) CONTRACTORS COVERED.—Paragraph (1) 

22 applies to prime contractors and subcontracts at any 

23 tier under such contracts. 

24 (b) ANALYSIS OF SHIPYARD LABOR.— 


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1 (1) IN GENERAL.—The Assistant Secretary of 

2 the Navy for Research, Development, and Acquisi3 tion shall maintain a five-year forecast of potential 

4 labor surplus, by shipyard, for each of the shipyards 

5 that construct ships for the Navy based on the 

6 Navy’s annual naval vessel construction plan re7 quired by section 231 of title 10, United States 

8 Code. 

9 (2) INCLUSION IN PLAN.—The forecast required 

10 by paragraph (1) shall be included in each plan sub11 mitted in accordance with section 231 of title 10, 

12 United States Code. 

13 (c) EXCEPTION FOR SHORTAGE OF UNITED STATES

14 WORKERS.—The Secretary of the Navy may waive the re15 striction in subsection (a) for a contractor for a fiscal year 

16 if the contractor certifies to the Secretary for that fiscal 

17 year that— 

18 (1) the contractor has fully complied with all 

19 existing laws and regulations regarding labor certifi20 cations in support of an application for alien employ21 ment via the H2B visa process; 

22 (2) a Department of Labor regional certifying 

23 officer has issued a determination approving such an 

24 application, in accordance with existing laws and 

25 regulations; and 


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1 (3) the contractor has attempted to recruit 

2 United States shipyard workers in the geographical 

3 area surrounding shipyards identified in the most re4 cent Navy annual naval vessel construction plan as 

5 having potential labor surpluses, in a manner that is 

6 consistent with procedures which shall be prescribed 

7 by the Secretary and that— 

8 (A) is appropriate for the occupation; 

9 (B) offers, at a minimum, the same trans10 portation and housing benefits to be offered to 

11 alien employees; and 

12 (C) is most likely to bring responses. 

13 SEC. 127. LIMITATION ON CONCURRENT DESIGN AND CON14 STRUCTION ON FIRST SHIP OF A SHIP15 BUILDING PROGRAM. 

16 (a) IN GENERAL.—For any shipbuilding program 

17 that is a major defense acquisition program under section 

18 2430 of title 10, United States Code, the start of construc19 tion of a first ship (as defined in subsection (b)) may not 

20 occur until the Secretary of the Navy certifies to the con21 gressional defense committees that the detailed design of 

22 the ship is completed and approved by the relevant design 

23 certification agents, to a level determined by the Secretary 

24 to be acceptable for commencement of construction, via 

25 a report described in subsection (d). 


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1 (b) FIRST SHIP.—For purposes of subsection (a), a 

2 ship is a first ship if— 

3 (1) the ship is the first ship to be constructed 

4 under that shipbuilding program; 

5 (2) the shipyard at which the ship is to be con6 structed has not previously started construction on 

7 a ship under that shipbuilding program; or 

8 (3) the ship is the first ship to be constructed 

9 following a major design change, characterized as a 

10 change in flight, under that shipbuilding program. 

11 (c) START OF CONSTRUCTION.—For purposes of sub12 section (a), start of construction means the beginning of 

13 fabrication of the hull and superstructure of the ship. 

14 (d) REPORT.—The Secretary of the Navy shall pro15 vide the certification required by subsection (a) in a report 

16 that provides an assessment of each of the following: 

17 (1) The degree of completion of the detailed de18 sign drawings and specifications for the ship. 

19 (2) The readiness of the shipyard facilities and 

20 workforce to begin construction. 

21 (3) The maturity level of research and develop22 ment efforts of any new technologies that will be 

23 used in the ship’s command and control systems, 

24 weapons systems, sensor systems, mechanical or 

25 electrical systems, or hull. 


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1 (4) The ability to meet cost and schedule esti2 mates within the applicable program baseline. 

3 (e) APPLICABILITY.— 

4 (1) NEW SHIPBUILDING PROGRAMS.—This sec5 tion applies to each shipbuilding program beginning 

6 after the date of the enactment of this Act. 

7 (2) MAJOR DESIGN CHANGES FOR EXISTING

8 SHIPBUILDING PROGRAMS.—In addition, subsection 

9 (b)(3) applies to any major design change occurring 

10 after the date of the enactment of this Act to any 

11 shipbuilding program in existence as of the date of 

12 the enactment of this Act. 

13 Subtitle D—Air Force Programs 

14 SEC. 131. LIMITATION ON RETIRING C–5 AIRCRAFT. 

15 (a) CERTIFICATION AND COST ANALYSIS RE16 QUIRED.—The Secretary of the Air Force may not proceed 

17 with a decision to retire C–5A aircraft from the inventory 

18 of the Air Force in any number that would reduce the 

19 total number of such aircraft in the inventory below 111 

20 until 45 days after the Secretary of the Air Force submits 

21 to the congressional defense committees the following: 

22 (1) The Secretary’s certification that— 

23 (A) the Secretary is able to comply with 

24 subsection (g) of section 8062 of title 10, 

25 United States Code; and 


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1 (B) retiring the aircraft will not signifi2 cantly increase operational risk of not meeting 

3 the National Military Strategy. 

4 (2) A cost analysis with respect to the aircraft 

5 to be retired that— 

6 (A) evaluates which alternative is more 

7 prudent in meeting strategic airlift mobility re8 quirements— 

9 (i) to retire the aircraft; or 

10 (ii) to perform the Avionics Mod11 ernization Program (AMP) and the Reli12 ability Enhancement and Re-engining Pro13 gram (RERP) on the aircraft; and 

14 (B) evaluates the cost of C–17 aircraft to 

15 replace the capability of the aircraft to be re16 tired. 

17 (b) ADDITIONAL REQUIREMENTS FOR COST ANAL18 YSIS.—The cost analysis required by subsection (a)(2) 

19 shall be performed by a Federally Funded Research and 

20 Development Center selected by the Air Force and shall 

21 conform to the following requirements: 

22 (1) The cost analysis shall include one analysis 

23 that uses ‘‘constant year dollars’’ and one analysis 

24 that uses ‘‘then year dollars’’. 


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1 (2) For each such analysis, the time period cov2 ered by the analysis shall be the expected service life 

3 of the aircraft concerned. 

4 (3) For each such analysis, the ownership costs 

5 evaluated shall include costs for— 

6 (A) planned technology insertions or up7 grades over the service life of the aircraft to 

8 meet emerging requirements; 

9 (B) research and development; 

10 (C) testing; 

11 (D) procurement; 

12 (E) production; 

13 (F) production termination; 

14 (G) operations; 

15 (H) training; 

16 (I) maintenance; 

17 (J) sustainment; 

18 (K) military construction; 

19 (L) personnel; 

20 (M) cost of replacement due to attrition; 

21 and 

22 (N) disposal. 

23 (4) The cost analysis shall include each of the 

24 following: 


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1 (A) An assessment of the quality of each 

2 cost analysis. 

3 (B) A discussion of each of the following: 

4 (i) The assumptions used. 

5 (ii) The benefits to be realized from 

6 each alternative. 

7 (iii) Adverse impacts to be realized 

8 from each alternative. 

9 (iv) Cargo capacity, operational avail10 ability, departure reliability, and mission 

11 capability. 

12 (v) Aircraft basing. 

13 (vi) Aircrew ratios and associated 

14 training requirements. 

15 (vii) Performing AMP and RERP on 

16 only C–5B and C5C aircraft. 

17 (C) A summary table that compares and 

18 contrasts each alternative with respect to each 

19 of the requirements of this subsection. 

20 (c) CONFORMING REPEAL.—Section 132 of the Na21 tional Defense Authorization Act for Fiscal Year 2004 

22 (Public Law 108–136; 117 Stat. 1411) is repealed. 

23 SEC. 132. LIMITATION ON JOINT CARGO AIRCRAFT. 

24 No funds appropriated pursuant to an authorization 

25 of appropriations or otherwise made available for procureVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 ment, or for research, development, test, and evaluation, 

2 may be obligated or expended for the Joint Cargo Aircraft 

3 until 30 days after the Secretary of Defense submits to 

4 the congressional defense committees each of the fol5 lowing: 

6 (1) The Air Force Air Mobility Command’s Air7 lift Mobility Roadmap. 

8 (2) The Department of Defense Intra-Theater 

9 Airlift Capabilities Study. 

10 (3) The Department of Defense Joint Intra11 Theater Distribution Assessment. 

12 (4) The Joint Cargo Aircraft Functional Area 

13 Series Analysis. 

14 (5) The Joint Cargo Aircraft Analysis of Alter15 natives. 

16 (6) The Secretary’s certification that— 

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

18 Army, Department of the Air Force, Army Na19 tional Guard, or Air National Guard, a capa20 bility gap or shortfall with respect to intra-the21 ater airlift; and 

22 (B) validated requirements exist to fill that 

23 gap or shortfall through procurement of the 

24 Joint Cargo Aircraft. 


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1 SEC. 133. CLARIFICATION OF LIMITATION ON RETIREMENT 

2 OF U–2 AIRCRAFT. 

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

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

5 364; 120 Stat. 2112) is amended— 

6 (1) in paragraph (1)— 

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

8 and inserting ‘‘For each fiscal year after fiscal 

9 year 2007’’; and 

10 (B) by inserting after ‘‘Secretary of De11 fense’’ the following: ‘‘, in that fiscal year,’’; 

12 and 

13 (2) in paragraph (2)— 

14 (A) by inserting after ‘‘Department of De15 fense’’ the following: ‘‘in a fiscal year’’; and 

16 (B) by inserting after ‘‘Congress’’ the fol17 lowing: ‘‘in that fiscal year’’. 

18 SEC. 134. REPEAL OF REQUIREMENT TO MAINTAIN RE19 TIRED C–130E TACTICAL AIRLIFT AIRCRAFT. 

20 Section 137(b) of the John Warner National Defense 

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

22 364; 120 Stat. 2114) is repealed. 

23 TITLE II—RESEARCH, DEVELOP24 MENT, TEST, AND EVALUA25 TION 

Subtitle A—Authorization of Appropriations 


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Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for defense science and technology. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

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

Sec. 212. Limitation on systems development and demonstration of Joint Light 

Tactical Vehicle program. 

Sec. 213. Requirement to obligate funds for development and procurement of 

a competitive propulsion system for the Joint Strike Fighter. 

Sec. 214. Limitation on use of funds for manufacturing science and technology 

program. 

Subtitle C—Ballistic Missile Defense 

Sec. 221. Oversight of Missile Defense Agency programs by Director of Operational Test and Evaluation. 

Sec. 222. Fielding of ballistic missile defense capabilities and future roles and 

missions of Missile Defense Agency. 

Sec. 223. Limitation on use of funds for replacing warhead on SM–3 Block IIA 

missile. 

Sec. 224. Two-year extension of Comptroller General assessments of ballistic 

missile defense programs. 

Sec. 225. Independent study on deploying missile defense system in Europe. 

Sec. 226. Sense of Congress concerning full support for development and fielding of a layered ballistic missile defense. 

Sec. 227. Increased funds for X Lab battlespace laboratory. 

Sec. 228. Expand United States ballistic missile defense system integration 

with Israel. 

Subtitle D—Other Matters 

Sec. 231. Responsibility for human systems integration activities. 

Sec. 232. Expansion of authority for encouragement of technology transfer. 

Sec. 233. Reduction of amounts for Army Venture Capital Fund demonstration. 

Sec. 234. Independent tests for combat helmet pad suspension systems. 

Sec. 235. Report on implementation of Manufacturing Technology Program. 

Sec. 236. Assessment of sufficiency of test and evaluation personnel. 

Sec. 237. Repeal of requirement for separate reports on technology area review 

and assessment summaries. 

Sec. 238. Modeling, analysis, and simulation of military and non-military operations in complex urban environments. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for 

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

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


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1 (1) For the Army, $10,082,498,000. 

2 (2) For the Navy, $17,333,601,000. 

3 (3) For the Air Force, $25,738,960,000. 

4 (4) For Defense-wide activities, 

5 $20,141,264,000, of which $180,264,000 is author6 ized for the Director of Operational Test and Eval7 uation. 

8 SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH9 NOLOGY. 

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

11 to be appropriated by section 201, $11,504,291,000 shall 

12 be available for the Defense Science and Technology Pro13 gram, including basic research, applied research, and ad14 vanced technology development projects. 

15 (b) BASIC RESEARCH, APPLIED RESEARCH, AND AD16 VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For 

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

18 research, and advanced technology development’’ means 

19 work funded in program elements for defense research and 

20 development under Department of Defense budget activity 

21 1, 2, or 3. 


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

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

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

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

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

13 shall— 

14 (1) be conducted and approved by the Director, 

15 Operational Test and Evaluation; 

16 (2) be conducted using production representa17 tive equipment, sensors, and software for the FCS 

18 network; 

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

20 full Future Combat Systems brigade; 

21 (4) be conducted, to the maximum extent pos22 sible, using actual communications equipment in23 stead of computer simulations; 


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

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

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

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

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

10 to support Future Combat Systems brigade operations. 

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

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

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

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

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

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

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

24 performance in a degraded condition due to 

25 enemy network attack, sophisticated enemy 


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1 electronic warfare, adverse weather conditions, 

2 and terrain variability; 

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

4 to improve friendly force knowledge of the location 

5 and capability of enemy forces and combat systems; 

6 and 

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

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

11 (1) IN GENERAL.—No funds appropriated pur12 suant to an authorization of appropriations or other13 wise made available to the Department of the Army 

14 for any fiscal year may be obligated for low-rate ini15 tial production or full-rate production of Future 

16 Combat Systems manned ground vehicles until 60 

17 days after the date on which the report is submitted 

18 under subsection (c). 

19 (2) WAIVER AUTHORITY.—The Secretary of De20 fense may waive the limitation in paragraph (1) if 

21 the Secretary determines that such a waiver is crit22 ical for national security. Such a waiver shall not be23 come effective until 14 days after the date on which 

24 the Secretary submits to the congressional defense 

25 committees a written notice of the waiver. 


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1 (3) INAPPLICABILITY TO THE NON LINE OF

2 SIGHT CANNON VEHICLE.—The limitation in para3 graph (1) does not apply to the Non Line of Sight 

4 Cannon vehicle. 

5 SEC. 212. LIMITATION ON SYSTEMS DEVELOPMENT AND 

6 DEMONSTRATION OF JOINT LIGHT TACTICAL 

7 VEHICLE PROGRAM. 

8 No funds appropriated pursuant to an authorization 

9 of appropriations or otherwise made available for any fis10 cal year may be obligated or expended for the Joint Light 

11 Tactical Vehicle program beyond the Design Readiness 

12 Review for the acquisition program phase of systems de13 velopment and demonstration until after the certification 

14 for the Joint Light Tactical Vehicle program is made and 

15 submitted as required by section 2366a of title 10, United 

16 States Code, and a progress report is received for review 

17 by the congressional defense committees. 

18 SEC. 213. REQUIREMENT TO OBLIGATE FUNDS FOR DEVEL19 OPMENT AND PROCUREMENT OF A COMPETI20 TIVE PROPULSION SYSTEM FOR THE JOINT 

21 STRIKE FIGHTER. 

22 Of the funds appropriated pursuant to an authoriza23 tion of appropriations or otherwise made available, for fis24 cal year 2008 or any fiscal year thereafter, for research, 

25 development, test, and evaluation and procurement for the 


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1 Joint Strike Fighter program, the Secretary of Defense 

2 shall obligate sufficient annual amounts to develop and 

3 procure a competitive propulsion system for the Joint 

4 Strike Fighter in order to conduct a competitive propul5 sion source selection. 

6 SEC. 214. LIMITATION ON USE OF FUNDS FOR MANUFAC7 TURING SCIENCE AND TECHNOLOGY PRO8 GRAM. 

9 (a) IN GENERAL.—No funds available to the Office 

10 of the Secretary of Defense for any fiscal year may be 

11 obligated or expended for a manufacturing science and 

12 technology project unless the Director, Defense Research 

13 and Engineering, ensures that— 

14 (1) the project is awarded using competitive 

15 procedures in accordance with section 2304 of title 

16 10, United States Code; 

17 (2) the project is carried out— 

18 (A) under the Manufacturing Technology 

19 Program established by section 2521 of title 10, 

20 United States Code; and 

21 (B) in compliance with all requirements of 

22 any directive that applies to manufacturing 

23 technology; and 


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1 (3) a technology transition agreement has been 

2 fully executed between the Director and a prospec3 tive technology user. 

4 (b) DEFINITIONS.—In this subsection: 

5 (1) The term ‘‘technology transition agree6 ment’’ means an agreement signed by officials of the 

7 Department of Defense that includes— 

8 (A) a description of the prospective tech9 nology user’s relevant technology needs in pri10 ority order; 

11 (B) a description of the minimum incre12 ment of capability that must be developed in 

13 order for the prospective technology user to 

14 consider implementing the technology; 

15 (C) a schedule of technology transition 

16 windows for each technology need; 

17 (D) a description of discrete technology 

18 deliverables that specifically identifies which 

19 user need would be fulfilled by each deliverable; 

20 (E) a schedule for technology deliverables 

21 that aligns with user defined technology transi22 tion opportunities; and 

23 (F) a commitment by the prospective tech24 nology user to program for advanced develop25 ment or procurement funding, as appropriate, 


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1 upon successful delivery of the technology, in 

2 accordance with the other terms of the agree3 ment. 

4 (2) The term ‘‘prospective technology user’’ has 

5 the meaning given that term in section 2521(c)(6) of 

6 title 10, United States Code. 

7 Subtitle C—Ballistic Missile 

8 Defense 

9 SEC. 221. OVERSIGHT OF MISSILE DEFENSE AGENCY PRO10 GRAMS BY DIRECTOR OF OPERATIONAL TEST 

11 AND EVALUATION. 

12 (a) MDA TO REPORT TO OT&E.—The Director of 

13 the Missile Defense Agency shall report promptly to the 

14 Director of Operational Test and Evaluation the results 

15 of— 

16 (1) all operational test and evaluation con17 ducted by the Missile Defense Agency with respect 

18 to any major defense acquisition program; and 

19 (2) all studies conducted in connection with 

20 such operational test and evaluation. 

21 (b) OT&E OBSERVERS AT MDA TESTS.—The Direc22 tor of Operational Test and Evaluation may require that 

23 such observers as the Director of Operational Test and 

24 Evaluation may designate are present during the prepara25 tion for, and the conduct of, the test part of any test and 


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1 evaluation conducted by the Missile Defense Agency with 

2 respect to any major defense acquisition program. 

3 (c) OT&E ACCESS TO INFORMATION.—The Director 

4 of Operational Test and Evaluation shall have access to 

5 all information of the Department of Defense (including 

6 information of the Missile Defense Agency) that the Direc7 tor considers necessary to review in order to carry out this 

8 section. 

9 SEC. 222. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA10 BILITIES AND FUTURE ROLES AND MISSIONS 

11 OF MISSILE DEFENSE AGENCY. 

12 (a) AVAILABILITY OF RDT&E FUNDS FOR FISCAL

13 2009.—Upon approval by the Secretary of Defense, funds 

14 appropriated pursuant to an authorization of appropria15 tions or otherwise made available for fiscal year 2009 for 

16 research, development, test, and evaluation for the Missile 

17 Defense Agency— 

18 (1) may be used for the development and field19 ing of ballistic missile defense capabilities; and 

20 (2) may not be used for operations and support 

21 activities. 

22 (b) BUDGETING FOR OPERATIONS AND SUPPORT

23 FOR FISCAL 2009.—For fiscal year 2009, any amount in 

24 the budget submitted to Congress under section 1105(a) 

25 of title 31, United States Code, for operations and support 


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1 activities for the Missile Defense Agency shall be set forth 

2 under the account of the Department of Defense for oper3 ation and maintenance, Defense-wide, and, within that ac4 count, under the subaccount (or other budget activity 

5 level) for the Missile Defense Agency. 

6 (c) PLAN REQUIRED.—Not later than March 1, 

7 2008, the Director of the Missile Defense Agency shall 

8 submit to the Committee on Armed Services of the Senate 

9 and the Committee on Armed Services of the House of 

10 Representatives a plan for transitioning the Missile De11 fense Agency from using research, development, test, and 

12 evaluation funds for missile defense fielding activities to 

13 using procurement funds for those activities where prac14 ticable. 

15 (d) STUDY REQUIRED.— 

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

17 shall enter into an agreement with one of the Feder18 ally Funded Research and Development Centers 

19 under which the Center will carry out a study to ex20 amine, and make recommendations with respect to, 

21 the long-term structure, roles, and missions of the 

22 Missile Defense Agency. 

23 (2) MATTERS INCLUDED.— 


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1 (A) REVIEW.—The study shall include a 

2 full review of the structure, roles, and missions 

3 of the Missile Defense Agency. 

4 (B) ASSESSMENTS.—The study shall in5 clude an examination and assessment of the 

6 current and future— 

7 (i) structure, roles, and missions of 

8 the Missile Defense Agency; and 

9 (ii) relationship of the Missile Defense 

10 Agency with— 

11 (I) the Office of the Under Sec12 retary of Defense for Acquisition, 

13 Technology, and Logistics; 

14 (II) the Office of the Under Sec15 retary of Defense for Policy; 

16 (III) the Director of Operational 

17 Test and Evaluation; 

18 (IV) the Commander of the 

19 United States Strategic Command 

20 and other combatant commanders; 

21 and 

22 (V) the military departments. 

23 (C) RECOMMENDATIONS.—The study shall 

24 include recommendations as to how the Missile 

25 Defense Agency can be made more effective to 


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1 support the needs of the warfighter. The rec2 ommendations shall include specific rec3 ommendations as to whether— 

4 (i) the Missile Defense Agency should 

5 be maintained in its current configuration; 

6 (ii) the scope and nature of the Mis7 sile Defense Agency should be changed 

8 from an organization focused on research 

9 and development to an organization fo10 cused on combat support; and 

11 (iii) the Missile Defense Agency 

12 should be abolished and its responsibilities 

13 transferred to the United States Strategic 

14 Command and the military departments. 

15 (3) COOPERATION FROM GOVERNMENT.—In 

16 carrying out the study, the Federally Funded Re17 search and Development Center shall receive the full 

18 and timely cooperation of the Secretary of Defense 

19 and any other United States Government official in 

20 providing the Center with analyses, briefings, and 

21 other information necessary for the fulfillment of its 

22 responsibilities. 

23 (4) REPORT.—Not later than September 1, 

24 2008, the Federally Funded Research and Develop25 ment Center shall submit to the Committees on 


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1 Armed Services of the Senate and House of Rep2 resentatives a report on its findings, conclusions, 

3 and recommendations. 

4 (5) FUNDING.—Funds for the study shall be 

5 provided from amounts appropriated for the Depart6 ment of Defense. 

7 (e) CLARIFICATION.—Subsection (a)(2) does not pro8 hibit the use of such funds to place developmental missile 

9 defense systems on operational alert to respond to an im10 mediate threat posed by ballistic missiles. 

11 SEC. 223. LIMITATION ON USE OF FUNDS FOR REPLACING 

12 WARHEAD ON SM–3 BLOCK IIA MISSILE. 

13 None of the funds appropriated or otherwise made 

14 available pursuant to an authorization of appropriations 

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

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

17 Multiple Kill Vehicle until after the Secretary of Defense 

18 certifies to Congress that— 

19 (1) the United States and Japan have reached 

20 an agreement to replace the unitary warhead on the 

21 SM–3 Block IIA missile; and 

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

23 3 Block IIA missile with the Multiple Kill Vehicle 

24 will not delay the expected deployment date of 

25 2014–2015 for that missile. 


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1 SEC. 224. TWO-YEAR EXTENSION OF COMPTROLLER GEN2 ERAL ASSESSMENTS OF BALLISTIC MISSILE 

3 DEFENSE PROGRAMS. 

4 Section 232(g) of the National Defense Authorization 

5 Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is amend6 ed— 

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

8 2008’’ and inserting ‘‘through 2010’’; and 

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

10 2009’’ and inserting ‘‘through 2011’’. 

11 SEC. 225. INDEPENDENT STUDY ON DEPLOYING MISSILE 

12 DEFENSE SYSTEM IN EUROPE. 

13 (a) STUDY REQUIRED.—The Secretary of Defense 

14 shall enter into an agreement with one of the Federally 

15 Funded Research and Development Centers under which 

16 the Center will carry out a study on the political, technical, 

17 operational, force structure, and budgetary implications of 

18 deploying a long-range missile defense system in Europe. 

19 (b) ANALYSIS OF ADMINISTRATION PROPOSAL.—The 

20 study shall provide a full analysis of the Administration’s 

21 proposal to protect forward-deployed radars, Europe, and 

22 the United States by deploying, in Europe, interceptors 

23 and radars of the Ground-Based Midcourse Defense 

24 (GMD) system. In providing the analysis, the study shall 

25 examine each of the following: 


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1 (1) The technical capabilities of the GMD sys2 tem, as so deployed, to effectively protect forward3 deployed radars, Europe, and the United States. 

4 (2) The political implications of such a deploy5 ment on the United States, the North Atlantic Trea6 ty Organization, and other interested parties. 

7 (3) The operational issues associated with such 

8 a deployment. 

9 (4) The force structure implications of such a 

10 deployment. 

11 (5) The budgetary implications of such a de12 ployment. 

13 (c) ANALYSIS OF ALTERNATIVES.—The study shall 

14 also provide a full analysis of alternative systems that 

15 could be deployed to fulfill, in whole or in part, the protec16 tive purposes of the Administration’s proposal. The alter17 native systems shall include a range of feasible combina18 tions of other missile defense systems that are available 

19 or are expected to be available as of 2020. In providing 

20 the analysis, the study shall examine, for each alternative 

21 system included, the following: 

22 (1) The technical capabilities of the alternative 

23 system, as so deployed, to effectively protect for24 ward-deployed radars, Europe, and the United 

25 States. 


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1 (2) The political implications of such a deploy2 ment on the United States, the North Atlantic Trea3 ty Organization, and other interested parties. 

4 (3) The operational issues associated with such 

5 a deployment. 

6 (4) The force structure implications of such a 

7 deployment. 

8 (5) The budgetary implications of such a de9 ployment. 

10 (d) COOPERATION REQUIRED.—In carrying out the 

11 study, the Federally Funded Research and Development 

12 Center shall receive the cooperation of the Secretary of 

13 Defense, the Secretary of State, the Director of National 

14 Intelligence, and any other United States Government of15 ficial in providing the Center with analyses, briefings, and 

16 other information necessary for the fulfillment of its re17 sponsibilities. 

18 (e) REPORT.—Not later than 180 days after the date 

19 of the enactment of this Act, the Federally Funded Re20 search and Development Center shall submit to the con21 gressional defense committees and the Secretary of De22 fense a report on the results of the study. The report shall 

23 be in unclassified form, but may include a classified annex. 

24 (f) FUNDING.—Of the amounts appropriated or oth25 erwise made available pursuant to the authorization of apVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 propriations in section 201(4), $1,000,000 is available to 

2 carry out the study required by this section. 

3 SEC. 226. SENSE OF CONGRESS CONCERNING FULL SUP4 PORT FOR DEVELOPMENT AND FIELDING OF 

5 A LAYERED BALLISTIC MISSILE DEFENSE. 

6 It is the sense of Congress that— 

7 (1) the development and proliferation of bal8 listic missile and nuclear capabilities by rogue na9 tions continues to grow, posing a serious threat to 

10 the national security of the United States, United 

11 States military forces deployed, and United States 

12 national security interests more broadly, as dem13 onstrated by— 

14 (A) the July 2006 test by North Korea of 

15 six short-range missiles and one longer-range 

16 Taepo Dong–2 missile, and the October 2006 

17 test by North Korea of a nuclear device; 

18 (B) the November 2006 and January 2007 

19 test by Iran of nearly a dozen missiles and an 

20 ongoing effort by Iran to enrich uranium; 

21 (C) the reported proliferation of BM-25 in22 termediate range ballistic missiles from North 

23 Korea to Iran; and 

24 (D) the reported January 2007 test by 

25 Syria of Scud-D short-range ballistic missiles; 


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1 (2) the United States must have the capability 

2 to defend its homeland and forward-deployed mili3 tary forces against the threats highlighted in para4 graph (1); 

5 (3) the United States is committed to working 

6 with its allies to obtain the capability to defend our 

7 broader national security interests against ballistic 

8 missile threats highlighted in paragraph (1); 

9 (4) as specified in the John Warner National 

10 Defense Authorization Act for Fiscal Year 2007, ‘‘It 

11 is the policy of the United States that the Depart12 ment of Defense accord priority within the missile 

13 defense program to the development, testing, field14 ing, and improvement of effective near-term missile 

15 defense capabilities, including the ground-based mid16 course defense system, the Aegis ballistic missile de17 fense system, the Patriot PAC–3 system, the Ter18 minal High Altitude Area Defense system, and the 

19 sensors necessary to support such systems.’’; 

20 (5) the Congress fully supports efforts by the 

21 Department of Defense to continue development, 

22 testing, and fielding of an effective, integrated, ro23 bust, layered ballistic missile defense system that is 

24 capable of intercepting ballistic missiles as described 

25 in paragraph (1) in various phases of flight; 


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1 (6) a layered defense requires fielding compo2 nents on land and sea, space-based and other sen3 sors, along with the command and control capability 

4 that ties the various components together; and 

5 (7) it is in the national security interest of the 

6 United States to continue development, testing, and 

7 operations of the United States ballistic missile de8 fense system to hedge against uncertainty in the de9 velopment, test, and fielding of ballistic missile capa10 bilities by rogue nations. 

11 SEC. 227. INCREASED FUNDS FOR X LAB BATTLESPACE 

12 LABORATORY. 

13 (a) INCREASE.—The amount in section 201(4), re14 search, development, test, and evaluation, Defense-wide, 

15 is hereby increased by $10,000,000, to be available for the 

16 X Lab battlespace laboratory, program element 

17 0603175C. 

18 (b) OFFSET.—The amount in section 201(2), re19 search, development, test, and evaluation, Navy, is hereby 

20 reduced by $10,000,000, to be derived from Littoral Com21 bat System Mission Modules. 

22 SEC. 228. EXPAND UNITED STATES BALLISTIC MISSILE DE23 FENSE SYSTEM INTEGRATION WITH ISRAEL. 

24 (a) REQUIREMENT.—The Secretary of Defense shall 

25 expand the ballistic missile defense system of the United 


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1 States to better integrate with the defenses of Israel to 

2 provide robust, layered protection against ballistic missile 

3 attack. 

4 (b) REPORT.— 

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

6 after the date of the enactment of this section, the 

7 Secretary of Defense, in consultation with the Sec8 retary of State, shall submit to the appropriate con9 gressional committees a progress report on the sta10 tus of integrating the ballistic missile defense system 

11 of the United States with the defenses of Israel in12 cluding the status of implementation of those pro13 grams identified in subsection (c). This report may 

14 be provided in classified form as necessary to protect 

15 United States national security interests. 

16 (2) CONTENT.—The report submitted under 

17 this subsection shall include the following: 

18 (A) A description of the capabilities needed 

19 to fully integrate the ballistic missile defense 

20 system of the United States with the ballistic 

21 missile defense system of Israel. 

22 (B) A description of systems and capabili23 ties currently providing ballistic missile defense 

24 of Israel and the United States, an assessment 

25 of the sufficiency of current capabilities; and 


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1 identification of the Department’s actions for 

2 addressing any insufficiencies, if required. 

3 (C) A description of the policy, doctrine, 

4 operational concepts, tactics, techniques and 

5 procedures, exercises, and training that cur6 rently support the integrated ballistic missile 

7 defense of Israel and the United States, an as8 sessment of the sufficiency of current policy, 

9 programs, and processes; and identification of 

10 the Department’s actions for addressing any 

11 insufficiencies, if required. 

12 (3) DEFINITION.—In this subsection, the term 

13 ‘‘appropriate congressional committees’’ means— 

14 (A) the Committee on Appropriations, the 

15 Committee on Armed Services, and the Com16 mittee on Foreign Affairs of the House of Rep17 resentatives; and 

18 (B) the Committee on Appropriations, the 

19 Committee on Armed Services, and the Com20 mittee on Foreign Relations of the Senate. 

21 (c) INCREASE.—The amount in section 201(4), re22 search, development, test, and evaluation, Defense-wide, 

23 is hereby increased by $205,000,000, of which— 

24 (1) $25,000,000 is to be available to complete 

25 accelerated co-production of Arrow missiles and conVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 tinue integration with the ballistic missile defense 

2 system of the United States; 

3 (2) $45,000,000 is to be available to continue 

4 system development of the Missile Defense Agency 

5 and Israel Missile Defense Organization joint pro6 gram to develop a short-range ballistic missile de7 fense capability, David’s Sling weapon system, and 

8 integrate the weapon system with the ballistic mis9 sile defense system and force protection efforts of 

10 the United States; and 

11 (3) $135,000,000 is to be made available to 

12 begin acquisition of a Terminal High Altitude Area 

13 Defense (THAAD) fire unit, which would provide 

14 Israel with a follow-on missile defense system of 

15 greater performance than the current Arrow system 

16 and provide a capability which is already fully inte17 grated with the ballistic missile defense system of 

18 the United States. 

19 (d) OFFSET.—The amounts in title I and title II are 

20 hereby reduced by an aggregate of $205,000,000, to be 

21 derived from amounts other than amounts for ballistic 

22 missile defense, as determined by the Secretary of De23 fense. 


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1 Subtitle D—Other Matters 

2 SEC. 231. RESPONSIBILITY FOR HUMAN SYSTEMS INTEGRA3 TION ACTIVITIES. 

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

5 through the Under Secretary of Defense for Acquisition, 

6 Technology, and Logistics, shall coordinate and manage 

7 human systems integration activities throughout the ac8 quisition programs of the Department of Defense. 

9 (b) ADMINISTRATION.—In carrying out subsection 

10 (a), the Secretary shall— 

11 (1) designate a senior official to be responsible 

12 for the effort; and 

13 (2) supervise the planning, management, and 

14 coordination of such activities. 

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

16 the Secretary shall— 

17 (1) develop a Department of Defense Instruc18 tion, and as necessary a Department of Defense Di19 rective, specific to human systems integration activi20 ties; and 

21 (2) identify and recommend, as appropriate, re22 source requirements for human systems integration 

23 activities. 


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1 (d) DESIGNATION.—The designation required by sub2 section (b)(2) shall be made not later than 60 days after 

3 the date of the enactment of this Act. 

4 SEC. 232. EXPANSION OF AUTHORITY FOR ENCOURAGE5 MENT OF TECHNOLOGY TRANSFER. 

6 Section 2514(c) of title 10, United States Code, is 

7 amended— 

8 (1) by redesignating paragraphs (3) and (4) as 

9 paragraphs (4) and (5), respectively; and 

10 (2) by inserting after paragraph (2) the fol11 lowing: 

12 ‘‘(3)(A) Under the Program, the defense laboratories 

13 and research centers may, through leases, contracts, or 

14 other appropriate arrangements, provide facilities, serv15 ices, and equipment to private industry in order to pro16 mote accelerated development of critical technologies and 

17 technology transfer initiatives that support the Depart18 ment of Defense. 

19 ‘‘(B) The facilities, services, and equipment provided 

20 under this paragraph shall be provided on a non-inter21 ference basis. 

22 ‘‘(C) The defense laboratory or research center— 

23 ‘‘(i) shall charge, accept, and retain fees in 

24 amounts necessary to recover the full costs of the fa25 cilities, services, and equipment provided, including 


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1 capital improvement costs, utility and service costs, 

2 and equipment depreciation costs; and 

3 ‘‘(ii) may charge, accept, and retain fees for 

4 providing the facilities, services, and equipment. 

5 ‘‘(D) The defense laboratory or research center may 

6 accept payment in cash or in kind for fees charged under 

7 subparagraph (C). 

8 ‘‘(E) Fees accepted under subparagraph (C) shall be 

9 credited to the account that was used to cover the costs 

10 for which the payment was provided. Amounts so credited 

11 shall be merged with amounts in that account, and shall 

12 be available for the same purposes, and subject to the 

13 same conditions and limitations, as other amounts in that 

14 account.’’. 

15 SEC. 233. REDUCTION OF AMOUNTS FOR ARMY VENTURE 

16 CAPITAL FUND DEMONSTRATION. 

17 The amount in section 201(1), research, development, 

18 test, and evaluation, Army, is hereby reduced by 

19 $10,000,000, to be derived from the Army Venture Cap20 ital Fund demonstration. 

21 SEC. 234. INDEPENDENT TESTS FOR COMBAT HELMET PAD 

22 SUSPENSION SYSTEMS. 

23 (a) IN GENERAL.—From amounts made available 

24 pursuant to the authorization of appropriations in section 

25 201(4) for research, development, test, and evaluation, 


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1 Defense-wide, the Secretary of Defense shall carry out a 

2 test and evaluation of combat helmet pad suspension sys3 tems. The test and evaluation shall be carried out using 

4 verified product representative samples from the five pro5 ducers of combat helmet pad suspension systems that are 

6 qualified as of the date of the enactment of this Act. The 

7 test and evaluation shall include an operational assess8 ment of the pad suspension systems, including a field user 

9 evaluation. 

10 (b) INDEPENDENT LABORATORY.—The test and eval11 uation shall be carried out in an objective and transparent 

12 manner by a certified and qualified laboratory that is inde13 pendent of the Federal Government. 

14 (c) REPORT.—Not later than September 30, 2008, 

15 the Secretary shall submit to the congressional defense 

16 committees a report on the results of the test and evalua17 tion. 

18 SEC. 235. REPORT ON IMPLEMENTATION OF MANUFAC19 TURING TECHNOLOGY PROGRAM. 

20 (a) REPORT REQUIRED.—Not later than March 1, 

21 2008, the Secretary of Defense shall submit to the Com22 mittee on Armed Services of the Senate and the Com23 mittee on Armed Services of the House of Representatives 

24 a report on the implementation of the technologies and 

25 processes developed under the Manufacturing Technology 


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1 Program required by section 2521 of title 10, United 

2 States Code. 

3 (b) ELEMENTS.—The report shall identify each tech4 nology or process implemented and, for each such tech5 nology or process, shall identify— 

6 (1) the project of the Manufacturing Tech7 nology Program through which the technology or 

8 process was developed, the Federal and non-Federal 

9 participants in that project, and the duration of the 

10 project; 

11 (2) the organization or program implementing 

12 the technology or process, and the type of implemen13 tation; 

14 (3) the total Federal funding required to imple15 ment the technology or process, including— 

16 (A) funds provided by military depart17 ments and Defense Agencies under the Manu18 facturing Technology Program; 

19 (B) funds provided by the Department of 

20 Defense, or any element of the Department, to 

21 co-develop the technology or process; 

22 (C) to the maximum extent possible, funds 

23 provided by the Department of Defense, or any 

24 element of the Department, to— 


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1 (i) mature the technology or process 

2 prior to transition to the Manufacturing 

3 Technology Program; and 

4 (ii) fully implement the technology or 

5 process; 

6 (4) the total value of industry cost share, if ap7 plicable; and 

8 (5) the total value of cost avoidance or cost sav9 ings directly attributable to the implementation of 

10 the technology or process. 

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

12 term ‘‘implementation’’ refers to— 

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

14 manufacture of defense materiel; 

15 (2) the identification of a technology or process 

16 in the manufacturing baseline for a program of 

17 record that has not yet achieved full rate production; 

18 or 

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

20 manufacture of commercial items. 

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

22 processes developed with funds appropriated or otherwise 

23 made available for Manufacturing Technology for fiscal 

24 years 2002 through 2007. 


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1 SEC. 236. ASSESSMENT OF SUFFICIENCY OF TEST AND 

2 EVALUATION PERSONNEL. 

3 (a) ASSESSMENT REQUIRED.—The Director of Oper4 ational Test and Evaluation shall assess whether the Di5 rector’s professional staff meets the requirement of section 

6 139(j) of title 10, United States Code, that the staff be 

7 sufficient to carry out the Director’s duties and respon8 sibilities. 

9 (b) INCLUSION IN REPORT.—The Director shall in10 clude the results of the assessment in the report, required 

11 by section 139(g) of title 10, United States Code, summa12 rizing the operational test and evaluation activities during 

13 fiscal year 2007. 

14 SEC. 237. REPEAL OF REQUIREMENT FOR SEPARATE RE15 PORTS ON TECHNOLOGY AREA REVIEW AND 

16 ASSESSMENT SUMMARIES. 

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

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

19 163; 119 Stat. 3179; 10 U.S.C. 2501 note) is repealed. 

20 SEC. 238. MODELING, ANALYSIS, AND SIMULATION OF MILI21 TARY AND NON-MILITARY OPERATIONS IN 

22 COMPLEX URBAN ENVIRONMENTS. 

23 Congress finds the following: 

24 (1) Modeling, Analysis, and Simulation Tech25 nology has become an essential component in ensur26 ing that we meet the defense challenges of the 21st 


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1 century. It allows us to build and develop models of 

2 complex systems, effectively sharpen the tools, proce3 dures, and decisions needed to address difficult 

4 problems, and determine how certain actions will ef5 fect the end result before implementing the plan in 

6 real life, thereby providing strategic, tactical and fi7 nancial benefits. Every effort should be made to in8 clude Modeling, Analysis and Simulation Technology 

9 in the training and planning doctrines of the De10 partment of Defense. 

11 (2) Current and future military operations, and 

12 emergency management of natural and man-made 

13 disasters, do and will continue to involve operations 

14 in highly complex, urban environments. These envi15 ronments include complex geographical, communica16 tions, transportation, informational, social, political, 

17 and public support subsystems. The interdependence 

18 of these subsystems and the cascading effects of 

19 warfare or disasters imposed upon them should be 

20 modeled in a computer simulation environment. It is 

21 important for the security and safety of the Depart22 ment of Defense to study and understand the effects 

23 of warfare and disasters on the resiliency of urban 

24 environments and to develop a computer modeling 

25 and simulation decision-making tool for emergency 


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1 consequence management of military, natural and 

2 man-made disasters in complex urban environments. 

3 TITLE III—OPERATION AND 

4 MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Working capital funds. 

Sec. 303. Other Department of Defense Programs. 

Subtitle B—Environmental Provisions 

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

in connection with Moses Lake Wellfield Superfund Site, Moses 

Lake, Washington. 

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

in connection with Arctic Surplus Superfund Site, Fairbanks, 

Alaska. 

Sec. 313. Payment to Environmental Protection Agency of stipulated penalty 

in connection with Jackson Park Housing Complex, Washington. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Increase in threshold amount for contracts for procurement of capital 

assets in advance of availability of working-capital funds for 

the procurement. 

Sec. 322. Authorization of availability of working-capital funds for certain product improvements. 

Sec. 323. Authorization of use of working-capital funds for acquisition of certain items. 

Sec. 324. Modification to public-private competition requirements before conversion to contractor performance. 

Sec. 325. Public-private competition at end of period specified in performance 

agreement not required. 

Sec. 326. Guidelines on insourcing new and contracted out functions. 

Sec. 327. Additional requirements for annual report on public-private competitions. 

Sec. 328. Restriction on Office of Management and Budget influence over Department of Defense public-private competitions. 

Sec. 329. Bid Protests by Federal Employees in actions under Office of Management Budget Circular A–76. 

Sec. 330. Public-private competition required before conversion to contractor 

performance. 

Sec. 331. Reauthorization and modification of multi-trades demonstration 

project. 

Subtitle D—Extension of Program Authorities 

Sec. 341. Extension of Arsenal Support Program Initiative. 


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

members of the Armed Forces deployed in contingency operations. 

Subtitle E—Reports 

Sec. 351. Inclusion of National Guard readiness for civil support missions in 

quarterly personnel and unit readiness report. 

Sec. 352. Plan to improve readiness of active and reserve component ground 

forces. 

Sec. 353. Plan for optimal use of strategic ports by commander of Surface Distribution and Deployment Command. 

Sec. 354. Independent assessment of Civil Reserve Air Fleet viability. 

Sec. 355. Annual report on prepositioned materiel and equipment. 

Sec. 356. Conditions on relocation of North American Aerospace Defense command center and related functions from Cheyenne Mountain to 

Peterson Air Force Base. 

Sec. 357. Report on public-private partnerships. 

Subtitle F—Other Matters 

Sec. 361. Authority for Department of Defense to provide support for certain 

sporting events. 

Sec. 362. Reasonable restrictions on payment of full replacement value for lost 

or damaged personal property transported at Government expense. 

Sec. 363. Priority transportation on Department of Defense aircraft of retired 

members residing in Commonwealths and possessions of the 

United States for certain health care services. 

Sec. 364. Recovery of missing military property. 

Sec. 365. Retention of Army combat uniforms by members of Army deployed 

in support of contingency operations. 

Sec. 366. Issue of serviceable material other than to Armed Forces. 

Sec. 367. Prohibition on deactivation of 36th Rescue Flight. 

Sec. 368. Limitation on expenditure of funds for initial flight screening at 

Pueblo Memorial Airport. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

4 Funds are hereby authorized to be appropriated for 

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

6 activities and agencies of the Department of Defense for 

7 expenses, not otherwise provided for, for operation and 

8 maintenance, in amounts as follows: 

9 (1) For the Army, $28,868,671,000. 


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1 (2) For the Navy, $33,138,090,000. 

2 (3) For the Marine Corps, $4,923,993,000. 

3 (4) For the Air Force, $33,393,333,000. 

4 (5) For Defense-wide activities, 

5 $22,732,978,000. 

6 (6) For the Army Reserve, $2,508,062,000. 

7 (7) For the Naval Reserve, $1,182,883,000. 

8 (8) For the Marine Corps Reserve, 

9 $208,637,000. 

10 (9) For the Air Force Reserve, $2,692,077,000. 

11 (10) For the Army National Guard, 

12 $5,847,609,000. 

13 (11) For the Air National Guard, 

14 $5,042,565,000. 

15 (12) For the United States Court of Appeals 

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

17 (13) For Environmental Restoration, Army, 

18 $434,879,000. 

19 (14) For Environmental Restoration, Navy, 

20 $300,591,000. 

21 (15) For Environmental Restoration, Air Force, 

22 $458,428,000. 

23 (16) For Environmental Restoration, Defense24 wide, $12,751,000. 


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1 (17) For Environmental Restoration, Formerly 

2 Used Defense Sites, $250,249,000. 

3 (18) For Overseas Humanitarian, Disaster, and 

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

5 (19) For Cooperative Threat Reduction pro6 grams, $398,000,000. 

7 (20) For the Overseas Contingency Operations 

8 Transfer Fund, $5,000,000. 

9 SEC. 302. WORKING CAPITAL FUNDS. 

10 Funds are hereby authorized to be appropriated for 

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

12 activities and agencies of the Department of Defense for 

13 providing capital for working capital and revolving funds 

14 in amounts as follows: 

15 (1) For the Defense Working Capital Funds, 

16 $102,000,000. 

17 (2) For the National Defense Sealift Fund, 

18 $1,535,194,000. 

19 (3) For the Defense Working Capital Fund, 

20 Defense Commissary, $1,250,000,000. 

21 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

22 (a) DEFENSE HEALTH PROGRAM.—Funds are here23 by authorized to be appropriated for the Department of 

24 Defense for fiscal year 2008 for expenses, not otherwise 


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1 provided for, for the Defense Health Program, in the 

2 amount of $22,471,047,000, of which— 

3 (1) $21,974,304,000 is for Operation and 

4 Maintenance; 

5 (2) $134,482,000 is for Research, Development, 

6 Test, and Evaluation; and 

7 (3) $362,261,000 is for Procurement. 

8 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC9 TION, DEFENSE.—(1) Funds are hereby authorized to be 

10 appropriated for the Department of Defense for fiscal year 

11 2008 for expenses, not otherwise provided for, for Chem12 ical Agents and Munitions Destruction, Defense, in the 

13 amount of $1,455,724,000, of which— 

14 (A) $1,162,452,000 is for Operation and Main15 tenance; 

16 (B) $274,846,000 is for Research, Develop17 ment, Test, and Evaluation; and 

18 (C) $18,426,000 is for Procurement. 

19 (2) Amounts authorized to be appropriated under 

20 paragraph (1) are authorized for— 

21 (A) the destruction of lethal chemical agents 

22 and munitions in accordance with section 1412 of 

23 the Department of Defense Authorization Act, 1986 

24 (50 U.S.C. 1521); and 


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1 (B) the destruction of chemical warfare mate2 riel of the United States that is not covered by sec3 tion 1412 of such Act. 

4 (c) DRUG INTERDICTION AND COUNTER-DRUG AC5 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 

6 to be appropriated for the Department of Defense for fis7 cal year 2008 for expenses, not otherwise provided for, for 

8 Drug Interdiction and Counter-Drug Activities, Defense9 wide, in the amount of $936,822,000. 

10 (d) DEFENSE INSPECTOR GENERAL.—Funds are 

11 hereby authorized to be appropriated for the Department 

12 of Defense for fiscal year 2008 for expenses, not otherwise 

13 provided for, for the Office of the Inspector General of 

14 the Department of Defense, in the amount of 

15 $215,995,000, of which— 

16 (1) $214,995,000 is for Operation and Mainte17 nance; and 

18 (2) $1,000,000 is for Procurement. 


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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.—Notwithstanding 

9 section 2215 of title 10, United States Code, the Secretary 

10 of Defense may transfer not more than $91,588.51 to the 

11 Moses Lake Wellfield Superfund Site 10–6J Special Ac12 count for the purpose described in section 315(a)(2) of 

13 the John Warner National Defense Authorization Act for 

14 Fiscal Year 2007 (Public Law 110–364; 120 Stat. 2141). 

15 (b) SOURCE OF FUNDS.—Any payment under sub16 section (a) shall be made using funds authorized to be ap17 propriated by section 301(16) for environmental restora18 tion, defense-wide. 

19 SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTEC20 TION AGENCY FOR CERTAIN COSTS IN CON21 NECTION WITH ARCTIC SURPLUS SUPER22 FUND SITE, FAIRBANKS, ALASKA. 

23 (a) AUTHORITY TO REIMBURSE.—Notwithstanding 

24 section 2215 of title 10, United States Code, the Secretary 

25 of Defense may transfer not more than $186,625.38 to 


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1 the Hazardous Substance Superfund to reimburse the En2 vironmental Protection Agency for costs incurred pursu3 ant to the agreement known as ‘‘In the Matter of Arctic 

4 Surplus Superfund Site, U.S. EPA Docket Number 

5 CERCLA–10–2003–0114: Administrative Order on Con6 sent for Remedial Design and Remedial Action’’ and en7 tered into by the Department of Defense and the Environ8 mental Protection Agency on December 11, 2003. 

9 (b) SOURCE OF FUNDS.—Any payment under sub10 section (a) shall be made using funds authorized to be ap11 propriated by section 301(16) for environmental restora12 tion, defense-wide. 

13 SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION 

14 AGENCY OF STIPULATED PENALTY IN CON15 NECTION WITH JACKSON PARK HOUSING 

16 COMPLEX, WASHINGTON. 

17 (a) PAYMENT REQUIRED.—Notwithstanding section 

18 2215 of title 10, United States Code, the Secretary of the 

19 Navy may transfer not more than $40,000.00 to the Haz20 ardous Substance Superfund to pay a stipulated penalty 

21 assessed by the Environmental Protection Agency on Oc22 tober 25, 2005, against the Jackson Park Housing Com23 plex, Washington, for the failure of the Department of the 

24 Navy to timely submit a draft final Phase II Remedial 

25 Investigation Work Plan for the Jackson Park Housing 


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1 Complex Operable Unit (OU–3T–JPHC) pursuant to a 

2 schedule included in an agreement entered into by the De3 partment of the Navy and the Environmental Protection 

4 Agency (U.S. EPA Docket Number CERCLA–10–2005– 

5 0023). 

6 (b) SOURCE OF FUNDS.—Any payment under sub7 section (a) shall be made using funds authorized to be ap8 propriated by section 301(14) for environmental restora9 tion, Navy. 

10 Subtitle C—Workplace and Depot 

11 Issues 

12 SEC. 321. INCREASE IN THRESHOLD AMOUNT FOR CON13 TRACTS FOR PROCUREMENT OF CAPITAL AS14 SETS IN ADVANCE OF AVAILABILITY OF 

15 WORKING-CAPITAL FUNDS FOR THE PRO16 CUREMENT. 

17 Section 2208(k)(2) of title 10, United States Code, 

18 is amended by striking ‘‘$100,000’’ and inserting 

19 ‘‘$250,000’’. 

20 SEC. 322. AUTHORIZATION OF AVAILABILITY OF WORKING21 CAPITAL FUNDS FOR CERTAIN PRODUCT IM22 PROVEMENTS. 

23 Section 2208 of title 10, United States Code, is 

24 amended by adding at the end the following new sub25 section: 


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1 ‘‘(s) PRODUCT IMPROVEMENT.—(1) An engineering 

2 service, manufacturing effort, developmental testing, or 

3 operational test and evaluation effort for product improve4 ment of a weapon system platform, major end item, com5 ponent of a major end item, or article that is financed 

6 by a working-capital fund may be performed or acquired, 

7 if— 

8 ‘‘(A) the combined cost of the engineering serv9 ices, manufacturing efforts, development testings, 

10 and operational test and evaluation efforts for the 

11 product improvements that are financed by the 

12 working-capital fund is less than $15,000,000; 

13 ‘‘(B) the unit cost of the platform, item, compo14 nent, or article is less than $1,000,000; and 

15 ‘‘(C) the product improvement would improve 

16 the reliability and maintainability, extend the useful 

17 life, enhance safety, lower maintenance costs, pro18 vide performance enhancement, or expand the per19 formance capability of the weapon system platform 

20 or major end item. 

21 ‘‘(2) Funds described in paragraph (1) may be used 

22 in accordance with that paragraph for a commercial or 

23 industrial type function performed as part of a public-pri24 vate partnership at the Center of Industrial and Technical 

25 Excellence designated under section 2474 of this title. 


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1 ‘‘(3) Each report submitted under subsection (q) for 

2 a working-capital fund shall include a description of any 

3 use of funds described in paragraph (1) that is financed 

4 by that working-capital fund and a description of the an5 ticipated product improvement under subparagraph (C) of 

6 that paragraph.’’. 

7 SEC. 323. AUTHORIZATION OF USE OF WORKING-CAPITAL 

8 FUNDS FOR ACQUISITION OF CERTAIN 

9 ITEMS. 

10 Section 2208 of title 10, United States Code, as 

11 amended by section 332, is further amended by adding 

12 at the end the following new subsection: 

13 ‘‘(t) ACQUISITION THRESHOLD FOR WEAPONS SYS14 TEM MODIFICATION, IMPROVEMENT AND LIFECYCLE EX15 TENSION.—(1) Any of the following items may be provided 

16 through working-capital funds, if the item has a unit cost 

17 of not more than $500,000: 

18 ‘‘(A) An item that is materiel for supplies or 

19 supply chain management, assemblies, spare or re20 pair parts, modification kits, or any other item of 

21 equipment to provide maintenance, repair, or over22 haul and rework. 

23 ‘‘(B) An item for continuous technology refresh24 ment to provide newer technologies that improve re25 liability and maintainability, extend the useful life, 


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1 enhance safety, lower maintenance costs, provide 

2 performance enhancement, or expand the perform3 ance capability of a weapons system platform. 

4 ‘‘(2) With respect to an item described in paragraph 

5 (1), the Secretary of each military department may in6 crease the acquisition threshold under paragraph (1) to 

7 an amount that does not exceed $1,000,000, if the Sec8 retary— 

9 ‘‘(A) determines the increase is necessary to 

10 maintain core logistics capabilities required by sec11 tion 2464 of this title; and 

12 ‘‘(B) not later than 30 days after such an in13 crease, notifies Congress of the increase and the rea14 sons for the increase. 

15 ‘‘(3) An item described in paragraph (1) may be an 

16 item used for a commercial- or industrial-type function 

17 performed at a Center of Industrial and Technical Excel18 lence designated under section 2474 of this title.’’. 

19 SEC. 324. MODIFICATION TO PUBLIC-PRIVATE COMPETI20 TION REQUIREMENTS BEFORE CONVERSION 

21 TO CONTRACTOR PERFORMANCE. 

22 (a) COMPARISON OF RETIREMENT SYSTEM COSTS.— 

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

24 amended— 


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

2 the end; 

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

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

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

9 costs for the Department of Defense by— 

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

11 health insurance plan (or payment that could be 

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

14 the workers who are to be employed to perform 

15 the function under the contract; 

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

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

20 that is paid by the Department of Defense for 

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

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

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


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1 employees of the Department of Defense under 

2 chapter 84 of title 5; and’’. 

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

5 (1) by striking section 2467; and 

6 (2) in section 2461— 

7 (A) by redesignating subsections (b) 

8 through (d) as subsections (c) through (e); and 

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

10 following new subsection (b): 

11 ‘‘(b) REQUIREMENT TO CONSULT DOD EMPLOY12 EES.—(1) Each officer or employee of the Department of 

13 Defense responsible for determining under Office of Man14 agement and Budget Circular A–76 whether to convert to 

15 contractor performance any function of the Department 

16 of Defense— 

17 ‘‘(A) shall, at least monthly during the develop18 ment and preparation of the performance work 

19 statement and the management efficiency study used 

20 in making that determination, consult with civilian 

21 employees who will be affected by that determination 

22 and consider the views of such employees on the de23 velopment and preparation of that statement and 

24 that study; and 


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

2 matters relating to that determination. 

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

4 labor organization accorded exclusive recognition under 

5 section 7111 of title 5, consultation with representatives 

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

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

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

11 consultation requirement in paragraph (1). 

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

14 include provisions for the selection or designation of ap15 propriate representatives of employees referred to in para16 graph (2)(B) for purposes of consultation required by 

17 paragraph (1)’’. 

18 (c) TECHNICAL AMENDMENTS.—Section 2461 of 

19 such title, as amended by subsection (a) is further amend20 ed— 

21 (1) in subsection (a)(1)— 

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

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


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

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

3 timeliness’’; and 

4 (2) in subsection (c)(2), as redesignated under 

5 subsection (b)(2), by inserting ‘‘of’’ after ‘‘examina6 tion’’. 

7 SEC. 325. PUBLIC-PRIVATE COMPETITION AT END OF PE8 RIOD SPECIFIED IN PERFORMANCE AGREE9 MENT NOT REQUIRED. 

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

11 amended by adding at the end the following new para12 graph: 

13 ‘‘(4) A public-private competition may not be 

14 required under Office of Management and Budget 

15 Circular A–76 or any other provision of law at the 

16 end of the period specified in the performance agree17 ment for any function of the Department of Defense 

18 performed by Department of Defense civilian em19 ployees.’’. 

20 SEC. 326. GUIDELINES ON INSOURCING NEW AND CON21 TRACTED OUT FUNCTIONS. 

22 (a) CODIFICATION AND REVISION OF REQUIREMENT

23 FOR GUIDELINES.— 


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

2 United States Code, is amended by inserting after 

3 section 2462 the following new section: 

4 ‘‘§ 2463. Guidelines for use of civilian employees to 

5 perform Department of Defense functions 

6 ‘‘(a) GUIDELINES REQUIRED.—The Under Secretary 

7 of Defense for Personnel and Readiness shall devise and 

8 implement guidelines to ensure that consideration is given 

9 to using, on a regular basis, civilian employees of the De10 partment of Defense to perform new functions and func11 tions that are performed by contractors and could be per12 formed by such civilian employees. The Secretary of a mili13 tary department may prescribe regulations, if the Sec14 retary determines such regulations are necessary for im15 plementing such guidelines within that military depart16 ment. 

17 ‘‘(b) SPECIAL CONSIDERATION FOR CERTAIN FUNC18 TIONS.—The guidelines implemented under subsection (a) 

19 shall provide for special consideration to be given to using 

20 civilian employees of the Department of Defense to per21 form any function that— 

22 ‘‘(1) was performed by a civilian employee of 

23 the Department of Defense at any time on or after 

24 October 1, 1980; 


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1 ‘‘(2) is associated with the performance of an 

2 inherently governmental function (as that term is 

3 defined in section 5 of the Federal Activities Inven4 tory Reform Act of 1998 (31 U.S.C. 501 note)); 

5 ‘‘(3) has been performed by a contractor pursu6 ant to a contract awarded on a non-competitive 

7 basis; or 

8 ‘‘(4) has been performed poorly by a contractor 

9 because of excessive costs or inferior quality, as de10 termined by a contracting officer. 

11 ‘‘(c) EXCLUSION OF CERTAIN FUNCTIONS FROM

12 COMPETITIONS.—No public-private competition may be 

13 required under this chapter for any function of the De14 partment of Defense that— 

15 ‘‘(1) is associated with the performance of an 

16 inherently governmental function; 

17 ‘‘(2) has been performed by a contractor pursu18 ant to a contract that was awarded on a non19 competitive basis, including a contract awarded with20 out the conduct of a public-private competition 

21 under this section; or 

22 ‘‘(3) has been performed poorly by a contractor 

23 because of excessive costs or inferior quality, as de24 termined by a contracting officer. 


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1 ‘‘(d) LIMITATION ON COMPETITIONS FOR NEW AND

2 EXPANDED FUNCTIONS.—(1) A public-private competi3 tion may not be conducted under this section for any De4 partment of Defense function before— 

5 ‘‘(A) the commencement of the performance by 

6 civilian employees of the Department of Defense of 

7 a new Department of Defense function; 

8 ‘‘(B) the commencement of the performance by 

9 civilian employees of the Department of Defense of 

10 any Department of Defense function pursuant to the 

11 guidelines implemented under subsection (a); 

12 ‘‘(C) the expansion of the scope of any Depart13 ment of Defense function performed by civilian em14 ployees of the Department of Defense. 

15 ‘‘(2) The Secretary may use the flexible hiring au16 thority available to the Secretary under the National Secu17 rity Personnel System, as established pursuant to section 

18 9902 of title 5 to facilitate the performance by civilian 

19 employees of the Department of Defense of functions de20 scribed in subsection (b).’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of such chapter is amended 

23 by inserting after the item relating to section 2462 

24 the following new item: 

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


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1 (3) DEADLINE FOR ISSUANCE OF GUIDE2 LINES.— 

3 (A) DEADLINE.—The Secretary of Defense 

4 shall implement the guidelines required under 

5 section 2463 of title 10, United States Code, as 

6 added by paragraph (1), by not later than 60 

7 days after the date of the enactment of this 

8 Act. 

9 (B) MORATORIUM ON COMPETITIONS

10 UNTIL GUIDELINES ARE IMPLEMENTED.—No 

11 study or competition may be begun or an12 nounced pursuant to section 2461 of title 10, 

13 United States Code, or otherwise pursuant to 

14 Office of Management and Budget Circular A– 

15 76 relating to the possible conversion to per16 formance by a contractor of any Department of 

17 Defense function until the guidelines required 

18 under section 2463 of such title, as added by 

19 paragraph (1) are implemented. 

20 (b) ESTABLISHMENT OF INVENTORY OF WORK PER21 FORMED BY CONTRACTORS.—Section 115a of title 10, 

22 United States Code is amended— 

23 (1) in subsection (a)— 

24 (A) by striking ‘‘and’’ at the end of para25 graph (1); 


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1 (B) by striking the period at the end of 

2 paragraph (2) and inserting ‘‘; and’’; and 

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

4 paragraph: 

5 ‘‘(3) the estimated manpower requirements of 

6 each component of the Department of Defense pro7 jected to be met by contractor performance of De8 partment of Defense functions and the estimated 

9 funding requirements associated with such con10 tractor performance for the next fiscal year.’’; and 

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(i) In each report, the Secretary shall include for 

14 each military department, combatant command, and 

15 major defense organization, a separate report describing 

16 contractor performance of Department of Defense func17 tions during the preceding fiscal year. Chapter 35 of title 

18 44 shall not apply to such report. In each such report, 

19 the Secretary shall— 

20 ‘‘(1) specify the number of work-year equiva21 lents performed by contractors in performing func22 tions for each Department; 

23 ‘‘(2) identify the contracting organization, the 

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1 quirements are being met through the contractor 

2 performance of the function, with an explanation in 

3 the event these organizational elements are distinct. 

4 ‘‘(3) identify each organization specified under 

5 paragraph (2) at the unit level of detail, as main6 tained in the Department’s manpower documenta7 tion systems; 

8 ‘‘(4) identify the funding source for the con9 tract under which the function is performed by ap10 propriation and operating agency, and the associated 

11 funding levels obligated and disbursed for the re12 ported work-year equivalents; 

13 ‘‘(5) identify the functions and missions per14 formed by the contractor; 

15 ‘‘(6) specify whether the contract for the func16 tion was entered into pursuant to a public-private 

17 competition; and 

18 ‘‘(7) describe the process by which the Depart19 ment of Defense validates the contractor perform20 ance of such functions under section 2463 of this 

21 title.’’. 

22 (c) CONFORMING REPEAL.—The National Defense 

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

24 163) is amended by striking section 343. 


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1 (d) INSPECTOR GENERAL REPORT.—Not later than 

2 90 days after the date of the enactment of this Act, the 

3 Inspector General of the Department of Defense shall sub4 mit to the congressional defense committees a report on 

5 the implementation of this section and the amendments 

6 made by this section. The report shall contain the assess7 ment of the Inspector General of whether— 

8 (1) the guidelines required under section 

9 2463(a) of title 10, United States Code, as added by 

10 subsection (a), have been implemented; 

11 (2) such guidelines, if developed, conform to the 

12 requirements of that section; 

13 (3) a contractor inventory has been established 

14 pursuant to subsections (a)(3) and (i) of section 

15 115a of such title, as added by subsection (b); 

16 (4) functions for which the performance of 

17 which the Secretary of Defense has entered into a 

18 contract are being reviewed on a regular basis for 

19 possible conversion to performance by civilian em20 ployees of the Department of Defense; and 

21 (5) performance by civilian employees of the 

22 Department of Defense is being considered to the 

23 maximum extent practicable for all new functions of 

24 the Department of Defense. 


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1 SEC. 327. ADDITIONAL REQUIREMENTS FOR ANNUAL RE2 PORT ON PUBLIC-PRIVATE COMPETITIONS. 

3 Paragraph (1) of subsection (b) of section 2462 is 

4 amended by adding at the end the following new para5 graphs: 

6 ‘‘(4) For any function converted to performance 

7 by a contractor, the effect of such conversion on the 

8 quality of the performance of the function. 

9 ‘‘(5) For any function for which a public-pri10 vate competition is anticipated during any subse11 quent fiscal year, an assessment of whether any 

12 method of business reform or reengineering other 

13 than a public-private competition, including a deci14 sion to consolidate, restructure, or reengineer an or15 ganization, function, or activity covered under sec16 tion 2475 of this title, could, if implemented in the 

17 future, achieve any anticipated or budgeted sav18 ings.’’. 

19 SEC. 328. RESTRICTION ON OFFICE OF MANAGEMENT AND 

20 BUDGET INFLUENCE OVER DEPARTMENT OF 

21 DEFENSE PUBLIC-PRIVATE COMPETITIONS. 

22 (a) RESTRICTION ON OFFICE OF MANAGEMENT AND

23 BUDGET.—The Office of Management and Budget may 

24 not direct or require the Secretary of Defense or the Sec25 retary of a military department to prepare for, undertake, 

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1 rect conversion of a Department of Defense function to 

2 performance by a contractor under Office of Management 

3 and Budget Circular A–76, or any other successor regula4 tion, directive, or policy. 

5 (b) RESTRICTION ON SECRETARY OF DEFENSE.— 

6 The Secretary of Defense or the Secretary of a military 

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

8 complete a public-private competition or direct conversion 

9 of a Department of Defense function to performance by 

10 a contractor under Office of Management and Budget Cir11 cular A–76, or any other successor regulation, directive, 

12 or policy by reason of any direction or requirement pro13 vided by the Office of Management and Budget. 

14 (c) SUSPENSION AND REVIEW OF ONGOING PUBLIC15 PRIVATE COMPETITIONS.— 

16 (1) SUSPENSION.—During the 90-day period 

17 that begins on the date of the enactment of this Act, 

18 the Secretary of Defense shall suspend any review or 

19 public-private competition pursuant to Office of 

20 Management and Budget Circular A–76 that is 

21 being carried out on the date of the enactment of 

22 this Act. 

23 (2) REVIEW.—During the 90-day period de24 scribed in paragraph (1), the Secretary of Defense 

25 shall review each suspended review and public-priVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 vate competition and shall determine, wholly inde2 pendently and without regard to direction, guidance, 

3 encouragement, or requirement from the Office of 

4 Management and Budget, whether to cancel or con5 tinue each review or public-private competition. 

6 (3) CRITERIA FOR CONTINUATION.—The Sec7 retary of Defense may not continue a review or pub8 lic-private competition pursuant to a determination 

9 under paragraph (2) unless the official responsible 

10 for the performance of the function and the Sec11 retary of the military department concerned or agen12 cy head submits to the congressional defense com13 mittees a certification that the determination was 

14 made wholly independently and without regard to di15 rection, guidance, encouragement, or requirement 

16 from the Office of Management and Budget and 

17 after considering less costly and controversial alter18 natives to such review or public-private competition. 

19 SEC. 329. BID PROTESTS BY FEDERAL EMPLOYEES IN AC20 TIONS UNDER OFFICE OF MANAGEMENT 

21 BUDGET CIRCULAR A–76. 

22 (a) ELIGIBILITY TO PROTEST PUBLIC-PRIVATE COM23 PETITIONS.—Section 3551(2) of title 31, United States 

24 Code, is amended to read as follows: 

25 ‘‘(2) The term ‘interested party’— 


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1 ‘‘(A) with respect to a contract or a solici2 tation or other request for offers described in 

3 paragraph (1), means an actual or prospective 

4 bidder or offeror whose direct economic interest 

5 would be affected by the award of the contract 

6 or by failure to award the contract; and 

7 ‘‘(B) with respect to a public-private com8 petition conducted under Office of Management 

9 and Budget Circular A–76 with respect to the 

10 performance of an activity or function of a Fed11 eral agency, or a decision to convert a function 

12 performed by Federal employees to private sec13 tor performance without a competition under 

14 Office of Management and Budget Circular A– 

15 76, includes— 

16 ‘‘(i) any official who submitted the 

17 agency tender in such competition; and 

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

19 purpose of representing the Federal em20 ployees engaged in the performance of the 

21 activity or function for which the public22 private competition is conducted in a pro23 test under this subchapter that relates to 

24 such public-private competition, has been 


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1 designated as the agent of the Federal em2 ployees by a majority of such employees.’’. 

3 (b) EXPEDITED ACTION.— 

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

5 of such title is amended by adding at the end the 

6 following new section: 

7 ‘‘SEC. 3557. EXPEDITED ACTION IN PROTESTS OF PUBLIC8 PRIVATE COMPETITIONS. 

9 ‘‘For any protest of a public-private competition con10 ducted under Office of Management and Budget Circular 

11 A–76 with respect to the performance of an activity or 

12 function of a Federal agency, the Comptroller General 

13 shall administer the provisions of this subchapter in the 

14 manner best suited for expediting the final resolution of 

15 the protest and the final action in the public-private com16 petition.’’. 

17 (2) CLERICAL AMENDMENT.—The chapter anal18 ysis at the beginning of such chapter is amended by 

19 inserting after the item relating to section 3556 the 

20 following new item: 

‘‘3557. Expedited action in protests of public-private competitions.’’. 

21 (c) RIGHT TO INTERVENE IN CIVIL ACTION.—Sec22 tion 1491(b) of title 28, United States Code, is amended 

23 by adding at the end the following new paragraph: 

24 ‘‘(5) If an interested party who is a member of 

25 the private sector commences an action described in 


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1 paragraph (1) with respect to a public-private com2 petition conducted under Office of Management and 

3 Budget Circular A–76 regarding the performance of 

4 an activity or function of a Federal agency, or a de5 cision to convert a function performed by Federal 

6 employees to private sector performance without a 

7 competition under Office of Management and Budg8 et Circular A–76, then an interested party described 

9 in section 3551(2)(B) of title 31 shall be entitled to 

10 intervene in that action.’’. 

11 (d) APPLICABILITY.—Subparagraph (B) of section 

12 3551(2) of title 31, United States Code (as added by sub13 section (a)), and paragraph (5) of section 1491(b) of title 

14 28, United States Code (as added by subsection (c)), shall 

15 apply to— 

16 (1) a protest or civil action that challenges final 

17 selection of the source of performance of an activity 

18 or function of a Federal agency that is made pursu19 ant to a study initiated under Office of Management 

20 and Budget Circular A–76 on or after January 1, 

21 2004; and 

22 (2) any other protest or civil action that relates 

23 to a public-private competition initiated under Office 

24 of Management and Budget Circular A–76, or to a 

25 decision to convert a function performed by Federal 


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1 employees to private sector performance without a 

2 competition under Office of Management and Budg3 et Circular A–76, on or after the date of the enact4 ment of this Act. 

5 SEC. 330. PUBLIC-PRIVATE COMPETITION REQUIRED BE6 FORE CONVERSION TO CONTRACTOR PER7 FORMANCE. 

8 (a) IN GENERAL.—The Office of Federal Procure9 ment Policy Act (41 U.S.C. 403 et seq.) is amended by 

10 adding at the end the following new section: 

11 ‘‘SEC. 43. PUBLIC-PRIVATE COMPETITION REQUIRED BE12 FORE CONVERSION TO CONTRACTOR PER13 FORMANCE. 

14 ‘‘(a) PUBLIC-PRIVATE COMPETITION.—(1) A func15 tion of an executive agency performed by 10 or more agen16 cy civilian employees may not be converted, in whole or 

17 in part, to performance by a contractor unless the conver18 sion is based on the results of a public-private competition 

19 that— 

20 ‘‘(A) formally compares the cost of performance 

21 of the function by agency civilian employees with the 

22 cost of performance by a contractor; 

23 ‘‘(B) creates an agency tender, including a most 

24 efficient organization plan, in accordance with Office 

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1 plemented on May 29, 2003, or any successor cir2 cular; 

3 ‘‘(C) includes the issuance of a solicitation; 

4 ‘‘(D) determines whether the submitted offers 

5 meet the needs of the executive agency with respect 

6 to factors other than cost, including quality, reli7 ability, and timeliness; 

8 ‘‘(E) examines the cost of performance of the 

9 function by agency civilian employees and the cost of 

10 performance of the function by one or more contrac11 tors to demonstrate whether converting to perform12 ance by a contractor will result in savings to the 

13 Government over the life of the contract, including— 

14 ‘‘(i) the estimated cost to the Government 

15 (based on offers received) for performance of 

16 the function by a contractor; 

17 ‘‘(ii) the estimated cost to the Government 

18 for performance of the function by agency civil19 ian employees; and 

20 ‘‘(iii) an estimate of all other costs and ex21 penditures that the Government would incur be22 cause of the award of such a contract; 

23 ‘‘(F) requires continued performance of the 

24 function by agency civilian employees unless the dif25 ference in the cost of performance of the function by 


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1 a contractor compared to the cost of performance of 

2 the function by agency civilian employees would, 

3 over all performance periods required by the solicita4 tion, be equal to or exceed the lesser of— 

5 ‘‘(i) 10 percent of the personnel-related 

6 costs for performance of that function in the 

7 agency tender; or 

8 ‘‘(ii) $10,000,000; and 

9 ‘‘(G) examines the effect of performance of the 

10 function by a contractor on the agency mission asso11 ciated with the performance of the function. 

12 ‘‘(2) A function that is performed by the executive 

13 agency and is reengineered, reorganized, modernized, up14 graded, expanded, or changed to become more efficient, 

15 but still essentially provides the same service, shall not be 

16 considered a new requirement. 

17 ‘‘(3) In no case may a function being performed by 

18 executive agency personnel be— 

19 ‘‘(A) modified, reorganized, divided, or in any 

20 way changed for the purpose of exempting the con21 version of the function from the requirements of this 

22 section; or 

23 ‘‘(B) converted to performance by a contractor 

24 to circumvent a civilian personnel ceiling. 


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1 ‘‘(b) REQUIREMENT TO CONSULT EMPLOYEES.—(1) 

2 Each civilian employee of an executive agency responsible 

3 for determining under Office of Management and Budget 

4 Circular A–76 whether to convert to contractor perform5 ance any function of the executive agency— 

6 ‘‘(A) shall, at least monthly during the develop7 ment and preparation of the performance work 

8 statement and the management efficiency study used 

9 in making that determination, consult with civilian 

10 employees who will be affected by that determination 

11 and consider the views of such employees on the de12 velopment and preparation of that statement and 

13 that study; and 

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

15 matters relating to that determination. 

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

17 labor organization accorded exclusive recognition under 

18 section 7111 of title 5, consultation with representatives 

19 of that labor organization shall satisfy the consultation re20 quirement in paragraph (1). 

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

22 referred to in subparagraph (A), consultation with appro23 priate representatives of those employees shall satisfy the 

24 consultation requirement in paragraph (1). 


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1 ‘‘(C) The head of each executive agency shall pre2 scribe regulations to carry out this subsection. The regula3 tions shall include provisions for the selection or designa4 tion of appropriate representatives of employees referred 

5 to in paragraph (2)(B) for purposes of consultation re6 quired by paragraph (1). 

7 ‘‘(c) CONGRESSIONAL NOTIFICATION.—(1) Before 

8 commencing a public-private competition under subsection 

9 (a), the head of an executive agency shall submit to Con10 gress a report containing the following: 

11 ‘‘(A) The function for which such public-private 

12 competition is to be conducted. 

13 ‘‘(B) The location at which the function is per14 formed by agency civilian employees. 

15 ‘‘(C) The number of agency civilian employee 

16 positions potentially affected. 

17 ‘‘(D) The anticipated length and cost of the 

18 public-private competition, and a specific identifica19 tion of the budgetary line item from which funds will 

20 be used to cover the cost of the public-private com21 petition. 

22 ‘‘(E) A certification that a proposed perform23 ance of the function by a contractor is not a result 

24 of a decision by an official of an executive agency to 

25 impose predetermined constraints or limitations on 


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1 such employees in terms of man years, end 

2 strengths, full-time equivalent positions, or max3 imum number of employees. 

4 ‘‘(2) The report required under paragraph (1) shall 

5 include an examination of the potential economic effect of 

6 performance of the function by a contractor on— 

7 ‘‘(A) agency civilian employees who would be af8 fected by such a conversion in performance; and 

9 ‘‘(B) the local community and the Government, 

10 if more than 50 agency civilian employees perform 

11 the function. 

12 ‘‘(3)(A) A representative individual or entity at a fa13 cility where a public-private competition is conducted may 

14 submit to the head of the executive agency an objection 

15 to the public private competition on the grounds that the 

16 report required by paragraph (1) has not been submitted 

17 or that the certification required by paragraph (1)(E) is 

18 not included in the report submitted as a condition for 

19 the public private competition. The objection shall be in 

20 writing and shall be submitted within 90 days after the 

21 following date: 

22 ‘‘(i) In the case of a failure to submit the report 

23 when required, the date on which the representative 

24 individual or an official of the representative entity 


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1 authorized to pose the objection first knew or should 

2 have known of that failure. 

3 ‘‘(ii) In the case of a failure to include the cer4 tification in a submitted report, the date on which 

5 the report was submitted to Congress. 

6 ‘‘(B) If the head of the executive agency determines 

7 that the report required by paragraph (1) was not sub8 mitted or that the required certification was not included 

9 in the submitted report, the function for which the public10 private competition was conducted for which the objection 

11 was submitted may not be the subject of a solicitation of 

12 offers for, or award of, a contract until, respectively, the 

13 report is submitted or a report containing the certification 

14 in full compliance with the certification requirement is 

15 submitted. 

16 ‘‘(e) EXEMPTION FOR THE PURCHASE OF PRODUCTS

17 AND SERVICES OF THE BLIND AND OTHER SEVERELY

18 HANDICAPPED PERSONS.—This section shall not apply to 

19 a commercial or industrial type function of an executive 

20 agency that— 

21 ‘‘(1) is included on the procurement list estab22 lished pursuant to section 2 of the Javits-Wagner23 O’Day Act (41 U.S.C. 47); or 

24 ‘‘(2) is planned to be changed to performance 

25 by a qualified nonprofit agency for the blind or by 


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1 a qualified nonprofit agency for other severely handi2 capped persons in accordance with that Act. 

3 ‘‘(f) INAPPLICABILITY DURING WAR OR EMER4 GENCY.—The provisions of this section shall not apply 

5 during war or during a period of national emergency de6 clared by the President or Congress.’’. 

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

8 in section 1(b) of such Act is amended by adding at the 

9 end the following new item: 

‘‘Sec. 43. Public-private competition required before conversion to contractor 

performance.’’. 

10 SEC. 331. REAUTHORIZATION AND MODIFICATION OF 

11 MULTI-TRADES DEMONSTRATION PROJECT. 

12 (a) REAUTHORIZATION AND EXPANSION.—Section 

13 338 of the National Defense Authorization Act for Fiscal 

14 Year 2004 (10 U.S.C. 5013 note) is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘shall’’ and inserting 

17 ‘‘may’’; and 

18 (B) by striking ‘‘three Naval Aviation De19 pots’’ and inserting ‘‘the Air Force Air Logis20 tics Centers and the Navy Fleet Readiness Cen21 ters’’; 

22 (2) in subsection (b), by striking ‘‘a Naval 

23 Aviation Depot’’ and inserting ‘‘an Air Force Air 

24 Logistics Center or Navy Fleet Readiness Center’’; 


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1 (3) by striking subsection (d) and redesignating 

2 subsections (e) through (g) as subsections (d) 

3 through (f), respectively; 

4 (4) in subsection (d), as so redesignated, by 

5 striking ‘‘2004 through 2006’’ and inserting ‘‘2008 

6 through 2013’’; 

7 (5) in subsection (e), as so redesignated, by 

8 striking ‘‘2007’’ and inserting ‘‘2014’’; and 

9 (6) by amending subsection (f), as so redesig10 nated, to read as follows: 

11 ‘‘(f) ANNUAL GAO REPORT.—By not later than 30 

12 days after the last day of a fiscal year, the Comptroller 

13 General shall submit to the congressional defense commit14 tees a report on the demonstration project under this sec15 tion.’’. 

16 (b) CLERICAL AMENDMENTS.— 

17 (1) HEADING.—The heading for such section is 

18 amended to read as follows: ‘‘AIR FORCE AIR LO19 GISTICS CENTER AND NAVY FLEET READINESS

20 CENTER MULTI-TRADES DEMONSTRATION

21 PROJECT’’. 

22 (2) TABLE OF CONTENTS.—The items relating 

23 to such section in the table of contents in section 

24 2(b) of such Act and in the table of contents at the 


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1 beginning of title III of such Act are each amended 

2 to read as follows: 

‘‘Sec. 338. Air Force Logistics Center and Navy Fleet Readiness Center multitrades demonstration project.’’. 

3 Subtitle D—Extension of Program 

4 Authorities 

5 SEC. 341. EXTENSION OF ARSENAL SUPPORT PROGRAM INI6 TIATIVE. 

7 Section 343 of the Floyd D. Spence National Defense 

8 Authorization Act for Fiscal Year 2001 (Public Law 106– 

9 398; 10 U.S.C. 4551 note) is amended— 

10 (1) in subsection (a), by striking ‘‘2008’’ and 

11 inserting ‘‘2010’’; and 

12 (2) in subsection (g)(1), by striking ‘‘2008’’ 

13 and inserting ‘‘2010’’. 

14 SEC. 342. EXTENSION OF PERIOD FOR REIMBURSEMENT 

15 FOR HELMET PADS PURCHASED BY MEM16 BERS OF THE ARMED FORCES DEPLOYED IN 

17 CONTINGENCY OPERATIONS. 

18 (a) EXTENSION.—Section 351 of the Ronald W. 

19 Reagan National Defense Authorization Act for Fiscal 

20 Year 2005 (Public Law 108–375; 118 Stat. 1857) is 

21 amended— 

22 (1) in subsection (a)(3), by inserting before the 

23 period at the end the following: ‘‘, or in the case of 

24 protective helmet pads purchased by a member from 


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1 a qualified vendor for that member’s personal use, 

2 on September 30, 2007’’; 

3 (2) in subsection (c)— 

4 (A) by inserting after ‘‘Armed Forces’’ the 

5 following: ‘‘shall comply with regular Depart6 ment of Defense procedures for the submission 

7 of claims and’’; and 

8 (B) by inserting before the period at the 

9 end the following: ‘‘or one year after the date 

10 on which the purchase of the protective, safety, 

11 or health equipment was made, whichever oc12 curs last’’; and 

13 (3) in subsection (d), by adding at the end the 

14 following new sentence: ‘‘Subsection (a)(1) shall not 

15 apply in the case of the purchase of protective hel16 met pads by or on behalf of a member.’’. 

17 (b) FUNDING.—Amounts for reimbursements made 

18 under section 351 of the Ronald W. Reagan National De19 fense Authorization Act for Fiscal Year 2005 after the 

20 date of the enactment of this Act shall be derived from 

21 supplemental appropriations for the Department of De22 fense for fiscal year 2008, contingent upon such appro23 priations being enacted. 


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1 Subtitle E—Reports 

2 SEC. 351. INCLUSION OF NATIONAL GUARD READINESS 

3 FOR CIVIL SUPPORT MISSIONS IN QUAR4 TERLY PERSONNEL AND UNIT READINESS 

5 REPORT. 

6 (a) INCLUSION.—Section 482 of title 10, United 

7 States Code, is amended— 

8 (1) by redesignating subsection (f) as sub9 section (h); 

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

12 ‘‘(f) READINESS OF NATIONAL GUARD TO PERFORM

13 CIVIL SUPPORT MISSIONS.—Each report shall also in14 clude an assessment of the readiness of the National 

15 Guard to perform tasks required to support the National 

16 Response Plan for support to civil authorities. 

17 ‘‘(g) AVAILABILITY OF NATIONAL GUARD READI18 NESS INFORMATION TO STATES.—With respect to the in19 formation required to be included in a report under sub20 section (f) that is relevant to the National Guard of a 

21 State, the Secretary of Defense shall make that informa22 tion available to the Governor of the State.’’; and 

23 (3) in subsection (a), by striking ‘‘subsections 

24 (b), (d), and (e)’’ and inserting ‘‘subsections (b), (d), 

25 (e), and (f)’’. 


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

2 subsection (a) shall apply with respect to a report sub3 mitted after the date of the enactment of this Act. 

4 (c) REPORT TO CONGRESS.—As part of the budget 

5 justification materials submitted to Congress in support 

6 of the President’s budget for fiscal year 2009, the Sec7 retary of Defense shall submit to the congressional defense 

8 committees a report on any steps the Secretary has taken 

9 to prepare to implement the requirement under subsection 

10 (f) of section 482 of title 10, United States Code, as added 

11 by subsection (a). The report shall include a description 

12 of the Secretary’s plans for assessing the personnel, equip13 ment, and training readiness of the National Guard, in14 cluding the standards and measures that will be applied 

15 and mechanisms for sharing information with State Gov16 ernors. 

17 SEC. 352. PLAN TO IMPROVE READINESS OF ACTIVE AND 

18 RESERVE COMPONENT GROUND FORCES. 

19 (a) REPORT REQUIRED.—At the same time that the 

20 budget is submitted under section 1105(a) of title 31, 

21 United States Code, for a fiscal year, the Secretary of De22 fense shall submit to the congressional defense committees 

23 a report on improving the readiness of the active and re24 serve components of the ground forces of the United 

25 States Armed Forces. Each such report shall include— 


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1 (1) a summary of the readiness of each report2 ing unit of the active and reserve components of the 

3 ground forces and a summary of the readiness of 

4 each major combat unit of each military department 

5 by readiness level, as reflected in the Department of 

6 Defense status of resources and training system; 

7 (2) an identification of the extent to which the 

8 actual readiness ratings of the active and reserve 

9 components of the United States Armed Forces have 

10 been upgraded based on the judgment of com11 manders and any efforts of the Secretary of Defense 

12 to analyze the trends and implications of such up13 grades; 

14 (3) the goals of the Secretary of Defense for 

15 managing the readiness of the active and reserve 

16 components of the ground forces, expressed in terms 

17 of the number of units or percentage of the force 

18 that the Secretary plans to maintain at each level of 

19 readiness, and the Secretary’s projected timeframe 

20 for achieving each such goal; 

21 (4) a prioritized list of items and actions to be 

22 accomplished during the fiscal year during which the 

23 report is submitted and during the fiscal years cov24 ered by the future years defense program that the 

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1 nificantly improve the readiness of the active and re2 serve components of the ground forces and achieve 

3 the goals and timeframes described in paragraph 

4 (3); and 

5 (5) a detailed investment strategy and plan for 

6 each fiscal year covered by the future years defense 

7 program under section 221 of title 10, United States 

8 Code, that outlines the resources required to improve 

9 the readiness of the active and reserve components 

10 of the ground forces, including a description of how 

11 each resource identified in such plan relates to fund12 ing requested by the Secretary in the Secretary’s an13 nual budget, and how each such resource will specifi14 cally enable the Secretary to achieve the readiness 

15 goals described in paragraph (3) within the pro16 jected timeframes. 

17 (b) COMPTROLLER GENERAL REVIEW.—By not later 

18 than 60 days after the date on which the report is sub19 mitted under subsection (a), the Comptroller General shall 

20 review the report and, as the Comptroller General deter21 mines appropriate, submit to the congressional defense 

22 committees any additional information that the Comp23 troller General determines will further inform the congres24 sional defense committees on issues relating to the readiVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 ness of the active and reserve components of the ground 

2 forces of the United States Armed Forces. 

3 SEC. 353. PLAN FOR OPTIMAL USE OF STRATEGIC PORTS 

4 BY COMMANDER OF SURFACE DISTRIBUTION 

5 AND DEPLOYMENT COMMAND. 

6 By not later than January 30, 2008, the Secretary 

7 of Defense shall develop and implement a plan to optimize 

8 the use of strategic ports by the Surface Distribution and 

9 Deployment Command. Such plan shall— 

10 (1) address cost effectiveness, manning require11 ments, location, and maximization of utilization of 

12 resources for each strategic port; and 

13 (2) include— 

14 (A) an analysis of how each Surface Dis15 tribution and Deployment Command strategic 

16 port is chosen for the worldwide deployment 

17 and distribution of Department of Defense sup18 plies, personal property, and personnel; and 

19 (B) provisions for consultation with the 

20 local port authority for any strategic port at 

21 which there is no permanent Surface Distribu22 tion and Deployment Command presence. 


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1 SEC. 354. INDEPENDENT ASSESSMENT OF CIVIL RESERVE 

2 AIR FLEET VIABILITY. 

3 (a) INDEPENDENT ASSESSMENT REQUIRED.—The 

4 Secretary of Defense shall provide for an independent as5 sessment of the viability of the Civil Reserve Air Fleet to 

6 be conducted by a federally-funded research and develop7 ment center selected by the Secretary. 

8 (b) CONTENTS OF ASSESSMENT.—The assessment 

9 required by subsection (a) shall include each of the fol10 lowing: 

11 (1) An assessment of the Civil Reserve Air 

12 Fleet as of the date of the enactment of this Act, 

13 including an assessment of— 

14 (A) the level of increased use of commer15 cial assets to fulfill Department of Defense 

16 transportation requirements as a result of the 

17 increased global mobility requirements in re18 sponse to the terrorist attacks of September 11, 

19 2001; 

20 (B) the extent of charter air carrier par21 ticipation in fulfilling increased Department of 

22 Defense transportation requirements as a result 

23 of the increased global mobility requirements in 

24 response to the terrorist attacks of September 

25 11, 2001; 


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1 (C) any policy of the Secretary of Defense 

2 to limit the percentage of income a single air 

3 carrier participating in the Civil Reserve Air 

4 Fleet may earn under contracts with the Sec5 retary during any calendar year and the effects 

6 of such policy on the air carrier industry in 

7 peacetime and during periods during which the 

8 armed forces are deployed in support of a con9 tingency operation for which the Civil Reserve 

10 Air Fleet is not activated; and 

11 (D) any risks to the charter air carrier in12 dustry as a result of the expansion of the indus13 try in response to contingency operations result14 ing in increased demand by the Department of 

15 Defense. 

16 (2) A strategic assessment of the viability of the 

17 Civil Reserve Air Fleet that compares such viability 

18 as of the date of the enactment of this Act with the 

19 projected viability of the Civil Reserve Air Fleet five, 

20 ten, and 15 years after the date of the enactment of 

21 this Act, including for activations at each of stages 

22 1, 2, and 3— 

23 (A) an examination of the requirements of 

24 the Department of Defense for Civil Reserve 

25 Air Fleet for the support of operational and 


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1 contingency plans, including any anticipated 

2 changes in the Department’s organic airlift ca3 pacity, logistics concepts, and personnel and 

4 training requirements; 

5 (B) an assessment of air carrier participa6 tion in the Civil Reserve Air Fleet; and 

7 (C) a comparison between the require8 ments of the Department needs described in 

9 subparagraph (A) and air carrier participation 

10 described in subparagraph (B). 

11 (3) An examination of any perceived barriers to 

12 Civil Reserve Air Fleet viability, including— 

13 (A) the operational planning system of the 

14 Civil Reserve Air Fleet; 

15 (B) the reward system of the Civil Reserve 

16 Air Fleet; 

17 (C) the long-term affordability of the Avia18 tion War Risk Insurance Program; 

19 (D) the effect on United States air carriers 

20 operating overseas routes during periods of 

21 Civil Reserve Air Fleet Activation; 

22 (E) increased foreign ownership of United 

23 States air carriers; 

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1 ing delays, and inefficiencies in cargo handling 

2 by the Department of Defense; 

3 (G) the effect of policy initiatives by the 

4 Secretary of Transportation to encourage inter5 national code sharing and alliances; and 

6 (H) the effect of limitations imposed by 

7 the Secretary of Defense to limit commercial 

8 shipping options for certain routes and package 

9 sizes. 

10 (4) Recommendations for improving the Civil 

11 Reserve Air Fleet program. 

12 (c) SUBMISSION TO CONGRESS.—Upon the comple13 tion of the assessment required under subsection (a) and 

14 by not later than April 1, 2008, the Secretary shall submit 

15 to the congressional defense committees a report on the 

16 assessment. 

17 (d) COMPTROLLER GENERAL REPORT.—Not later 

18 than 90 days after the report is submitted under sub19 section (c), the Comptroller General shall conduct a review 

20 of the assessment required under subsection (a). 

21 SEC. 355. ANNUAL REPORT ON PREPOSITIONED MATERIEL 

22 AND EQUIPMENT. 

23 (a) ANNUAL REPORT REQUIRED.—Chapter 131 of 

24 title 10, United States Code, is amended by adding at the 

25 end the following new section: 


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1 ‘‘§ 2229a. Annual report on prepositioned materiel 

2 and equipment 

3 ‘‘(a) ANNUAL REPORT REQUIRED.—Not later than 

4 the date of the submission of the President’s budget re5 quest for a fiscal year under section 1105 of title 31, the 

6 Secretary of Defense shall submit to the congressional de7 fense committees a report on the status of the materiel 

8 in the prepositioned stocks as of the end of the fiscal year 

9 preceding the fiscal year during which the report is sub10 mitted. Each report shall be unclassified and may contain 

11 a classified annex. Each report shall include the following 

12 information: 

13 ‘‘(1) The level of fill for major end items of 

14 equipment and spare parts in each prepositioned set 

15 as of the end of the fiscal year covered by the report. 

16 ‘‘(2) The material condition of equipment in the 

17 prepositioned stocks as of the end of such fiscal 

18 year, rated based on the Department of Defense 

19 Status of Resources and Training system and 

20 grouped by category or major end item. 

21 ‘‘(3) A list of major end items of equipment 

22 drawn from the prepositioned stocks during such fis23 cal year and a description of how that equipment 

24 was used and whether it was returned to the stocks 

25 after being used. 


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1 ‘‘(4) A timeline for completely reconstituting 

2 any shortfall in the prepositioned stocks. 

3 ‘‘(5) An estimate of the amount of funds re4 quired to completely reconstitute any shortfall in the 

5 prepositioned stocks and a description of the Sec6 retary’s plan for carrying out such complete recon7 stitution. 

8 ‘‘(6) A list of any operations plan affected by 

9 any shortfall in the prepositioned stocks and a de10 scription of any action taken to mitigate any risk 

11 that such a shortfall may create. 

12 ‘‘(b) COMPTROLLER GENERAL REVIEW.—By not 

13 later than 60 days after the date on which the report is 

14 submitted under subsection (a), the Comptroller General 

15 shall review the report and, as the Comptroller General 

16 determines appropriate, submit to the congressional de17 fense committees any additional information that the 

18 Comptroller General determines will further inform the 

19 congressional defense on issues relating to the status of 

20 the materiel in the prepositioned stocks.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of such chapter is amended by adding 

23 at the end the following new item: 

‘‘2229a. Annual report on prepositioned materiel and equipment.’’. 


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1 SEC. 356. CONDITIONS ON RELOCATION OF NORTH AMER2 ICAN AEROSPACE DEFENSE COMMAND CEN3 TER AND RELATED FUNCTIONS FROM CHEY4 ENNE MOUNTAIN TO PETERSON AIR FORCE 

5 BASE. 

6 (a) SUBMISSION OF COST-BENEFIT ANALYSIS AND

7 RELOCATION PLAN.—The Secretary of Defense may not 

8 commence the relocation of or, if previously commenced, 

9 continue the relocation of the North American Aerospace 

10 Defense command center and related functions from Chey11 enne Mountain to Peterson Air Force Base, Colorado, 

12 until after the end of the 180-day period beginning on the 

13 date on which the Secretary submits to Congress a report 

14 containing— 

15 (1) an analysis comparing the total costs associ16 ated with the relocation, including costs determined 

17 as part of ongoing security-related studies of the re18 location, to anticipated operational benefits from the 

19 relocation; and 

20 (2) the final plans for the relocation of the 

21 North American Aerospace Defense command center 

22 and related functions. 

23 (b) COMPTROLLER GENERAL REVIEW.—Not later 

24 than 60 days after the date on which the Secretary of De25 fense submits the report required by subsection (a), the 

26 Comptroller General shall submit to Congress a review of 


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1 the report and the final plans of the Secretary for reloca2 tion of the North American Aerospace Defense command 

3 center and related functions. 

4 SEC. 357. REPORT ON PUBLIC-PRIVATE PARTNERSHIPS. 

5 (a) REPORT REQUIRED.—Not later than April 1, 

6 2008, the Secretary of Defense shall submit to the Com7 mittee on Armed Services of the House of Representatives 

8 and the Committee of Armed Services of the Senate a re9 port regarding public-private partnerships at Centers of 

10 Industrial and Technical Excellence designated under sec11 tion 2474 of title 10, United States Code. 

12 (b) CONTENTS OF REPORT.—The report required 

13 under paragraph (1) shall include a description of each 

14 of the following: 

15 (1) Common approaches and procedures for the 

16 military departments regarding implementation of 

17 public-private partnerships. 

18 (2) Consistent cost methodologies and reim19 bursement guidance applicable to maintenance and 

20 repair workload performed by Federal Government 

21 personnel. 

22 (3) Implementation procedures for completing 

23 contract negotiations for public-private partnerships 

24 within 12 months. 


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1 (4) The Secretary’s utilization of commercial 

2 practices to replace existing inventory and compo3 nent management, technical publication data, docu4 ment management, and equipment maintenance, and 

5 calibration requirements of the Department of De6 fense. 

7 (5) Delegation of Class 2 Design authority 

8 based on commercial practices to maintain the form, 

9 fit, and function of a weapon system platform, major 

10 end item, component of a major end item, or article. 

11 (6) The Secretary’s plan to expand Department 

12 of Defense core capabilities, as defined in section 

13 2464 of such title. 

14 Subtitle F—Other Matters 

15 SEC. 361. AUTHORITY FOR DEPARTMENT OF DEFENSE TO 

16 PROVIDE SUPPORT FOR CERTAIN SPORTING 

17 EVENTS. 

18 (a) PROVISION OF SUPPORT.—Section 2564 of title 

19 10, United States Code, is amended— 

20 (1) in subsection (c), by adding at the end the 

21 following new paragraphs: 

22 ‘‘(4) A sporting event sanctioned by the United 

23 States Olympic Committee through the Paralympic 

24 Military Program. 


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1 ‘‘(5) Any national or international paralympic 

2 sporting event (other than a sporting event described 

3 in paragraph (1) through (4))— 

4 ‘‘(A) that— 

5 ‘‘(i) is held in the United States or 

6 any of its territories or commonwealths; 

7 ‘‘(ii) is governed by the International 

8 Paralympic Committee; and 

9 ‘‘(iii) is sanctioned by the United 

10 States Olympic Committee; and 

11 ‘‘(B) for which participation exceeds 100 

12 amateur athletes.’’; and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(g) FUNDING FOR SUPPORT OF CERTAIN

16 EVENTS.—(1) Amounts for the provision of support for 

17 a sporting event described in paragraph (4) or (5) of sub18 section (c) shall be derived from the Support for Inter19 national Sporting Competitions, Defense account estab20 lished by section 5802 of the Omnibus Consolidated Ap21 propriations Act, 1997 (10 U.S.C. 2564 note), notwith22 standing any limitation under that section relating to the 

23 availability of funds in such account for the provision of 

24 support for international sporting competitions. 


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1 ‘‘(2) The total amount expended for any fiscal year 

2 to provide support for sporting events described in sub3 section (c)(5) may not exceed $1,000,000.’’. 

4 (b) SOURCE OF FUNDS.—Section 5802 of the Omni5 bus Consolidated Appropriations Act, 1997 (10 U.S.C. 

6 2564 note) is amended— 

7 (1) by inserting after ‘‘international sporting 

8 competitions’’ the following: ‘‘and for support of 

9 sporting competitions authorized under section 

10 2564(c)(4) and (5), of title 10, United States 

11 Code,’’; and 

12 (2) by striking ‘‘45 days’’ and inserting ‘‘15 

13 days’’. 

14 SEC. 362. REASONABLE RESTRICTIONS ON PAYMENT OF 

15 FULL REPLACEMENT VALUE FOR LOST OR 

16 DAMAGED PERSONAL PROPERTY TRANS17 PORTED AT GOVERNMENT EXPENSE. 

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

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

20 ‘‘The regulations may include a requirement that a mem21 ber of the armed forces or civilian employee comply with 

22 reasonable restrictions prescribed by the Secretary in 

23 order to receive the full amount deducted under subsection 

24 (b).’’. 


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1 SEC. 363. PRIORITY TRANSPORTATION ON DEPARTMENT 

2 OF DEFENSE AIRCRAFT OF RETIRED MEM3 BERS RESIDING IN COMMONWEALTHS AND 

4 POSSESSIONS OF THE UNITED STATES FOR 

5 CERTAIN HEALTH CARE SERVICES. 

6 (a) AVAILABILITY OF TRANSPORTATION.—Chapter 

7 157 of title 10, United States Code, is amended by insert8 ing after section 2641a the following new section: 

9 ‘‘§ 2641b. Space-available travel on Department of De10 fense aircraft: retired members residing 

11 in Commonwealths and possessions of 

12 the United States for certain health care 

13 services 

14 ‘‘(a) PRIORITY TRANSPORTATION.—The Secretary of 

15 Defense shall provide transportation on Department of 

16 Defense aircraft on a space-available basis for any member 

17 or former member of the uniformed services described in 

18 subsection (b), and a single dependent of the member if 

19 needed to accompany the member, at a priority level in 

20 the same category as the priority level for an unaccom21 panied dependent over the age of 18 traveling on environ22 mental and morale leave. 

23 ‘‘(b) ELIGIBLE MEMBERS AND FORMER MEM24 BERS.—A member or former member eligible for priority 

25 transport under subsection (a) is a covered beneficiary 

26 under chapter 55 of this title who— 


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1 ‘‘(1) is entitled to retired or retainer pay or, but 

2 for age, would be eligible for retired pay under chap3 ter 1223 of this title; 

4 ‘‘(2) resides in or is located in a Commonwealth 

5 or possession of the United States; and 

6 ‘‘(3) is referred by a primary care physician lo7 cated in that Commonwealth or possession to a spe8 cialty care provider for services to be provided out9 side of that Commonwealth or possession. 

10 ‘‘(c) SCOPE OF PRIORITY.—The increased priority for 

11 space-available transportation required by subsection (a) 

12 applies with respect to both— 

13 ‘‘(1) the travel from the Commonwealth or pos14 session of the United States to receive the specialty 

15 care services; and 

16 ‘‘(2) the return travel. 

17 ‘‘(d) DEFINITIONS.—In this section, the term ‘spe18 cialty care provider’ has the meaning given that term in 

19 section 1074i(b) of this title.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of such chapter is amended by inserting 

22 after the item relating to section 2641a the following new 

23 item: 

‘‘2641b. Space-available travel on Department of Defense aircraft: retired members residing in Commonwealths and possessions of the United 

States for certain health care services.’’. 


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1 SEC. 364. RECOVERY OF MISSING MILITARY PROPERTY. 

2 (a) IN GENERAL.—Chapter 165 of title 10, United 

3 States Code, is amended by adding at the end the fol4 lowing new sections: 

5 ‘‘§ 2788. Property accountability: regulations 

6 ‘‘The Secretary of a military department may pre7 scribe regulations for the accounting for the property of 

8 that department and the fixing of responsibility for that 

9 property. 

10 ‘‘§ 2789. Individual equipment: unauthorized disposi11 tion 

12 ‘‘(a) PROHIBITION.—No member of the armed forces 

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

14 or equipment furnished to such member by the United 

15 States to any person other than a member of the armed 

16 forces under the jurisdiction of the Secretary of the same 

17 military department as the member to which it is fur18 nished, or an officer of the United States who is author19 ized to receive it. 

20 ‘‘(b) SEIZURE OF IMPROPERLY DISPOSED PROP21 ERTY.—If a member of the armed forces has disposed of 

22 property in violation of subsection (a) and the property 

23 is in the possession of a person who is neither a member 

24 of the armed forces under the jurisdiction of the Secretary 

25 of the same military department as the member who dis26 posed of the property, nor an officer of the United States 


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1 who is authorized to receive it, that person has no right 

2 to or interest in the property, and any civil or military 

3 officer of the United States may seize the property, wher4 ever found. Possession of such property furnished by the 

5 United States to a member of the armed forces by a per6 son who is neither a member of the armed forces, nor an 

7 officer of the United States, is prima facie evidence that 

8 the property has been disposed of in violation of subsection 

9 (a). 

10 ‘‘(c) DELIVERY OF SEIZED PROPERTY.—If an officer 

11 who seizes property under subsection (b) is not authorized 

12 to retain it for the United States, the officer shall deliver 

13 the property to a person who is authorized to retain it.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of such chapter is amended by adding 

16 at the end the following new items: 

‘‘2788. Property accountability: regulations. 

‘‘2789. Individual equipment: unauthorized disposition.’’. 

17 (c) CONFORMING AMENDMENTS.— 

18 (1) IN GENERAL.—Such title is further amend19 ed by striking the following sections: 

20 (A) Section 4832. 

21 (B) Section 4836. 

22 (C) Section 9832. 

23 (D) Section 9836. 

24 (2) CLERICAL AMENDMENTS.— 


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1 (A) CHAPTER 453.—The table of sections 

2 at the beginning of chapter 453 of such title is 

3 amended by striking the items relating to sec4 tions 4832 and 4836. 

5 (B) CHAPTER 953.—The table of sections 

6 at the beginning of chapter 953 of such title is 

7 amended by striking the items relating to sec8 tions 9832 and 9836. 

9 SEC. 365. RETENTION OF ARMY COMBAT UNIFORMS BY 

10 MEMBERS OF ARMY DEPLOYED IN SUPPORT 

11 OF CONTINGENCY OPERATIONS. 

12 (a) RETENTION OF COMBAT UNIFORMS.—Chapter 

13 435 of title 10, United States Code, is amended by adding 

14 at the end the following new section: 

15 ‘‘§ 4566. Retention of Army combat uniforms by mem16 bers deployed in support of contingency 

17 operations 

18 ‘‘The Secretary of the Army may authorize a member 

19 of the Army who has been deployed in support of a contin20 gency operation for at least 30 days to retain, after that 

21 member is no longer so deployed, the exterior articles of 

22 uniform that were issued to that member as part of an 

23 Army combat uniform.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by adding 

3 at the end the following new item: 

‘‘4566. Retention of Army combat uniforms by members deployed in support of 

contingency operations.’’. 

4 (c) EFFECTIVE DATE.—Section 4566 of title 10, 

5 United States Code, as added by subsection (a), shall 

6 apply with respect to a member of the Army who com7 pletes a deployment on or after October 1, 2007. 

8 SEC. 366. ISSUE OF SERVICEABLE MATERIAL OTHER THAN 

9 TO ARMED FORCES. 

10 (a) IN GENERAL.—Part IV of subtitle C of title 10, 

11 United States Code, is amended by adding at the end the 

12 following new chapter: 

13 ‘‘CHAPTER 667—ISSUE OF SERVICEABLE 

14 MATERIAL OTHER THAN TO ARMED 

15 FORCES 

‘‘Sec. 

‘‘7911. Arms, tentage, and equipment: educational institutions not maintaining 

units of R.O.T.C. 

‘‘7912. Rifles and ammunition for target practice: educational institutions having corps of midshipmen. 

‘‘7913. Supplies: military instruction camps. 

16 ‘‘§ 7911. Arms, tentage, and equipment: educational 

17 institutions not maintaining units of 

18 R.O.T.C. 

19 ‘‘Under such conditions as he may prescribe, the Sec20 retary of the Navy may issue arms, tentage, and equip21 ment that he considers necessary for proper military trainVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 ing, to any educational institution at which no unit of the 

2 Reserve Officers’ Training Corps is maintained, but which 

3 has a course in military training prescribed by the Sec4 retary and which has at least 50 physically fit students 

5 over 14 years of age. 

6 ‘‘§ 7912. Rifles and ammunition for target practice: 

7 educational institutions having corps of 

8 midshipmen 

9 ‘‘(a) AUTHORITY TO LEND.—The Secretary of the 

10 Navy may lend, without expense to the United States, 

11 magazine rifles and appendages that are not of the exist12 ing service models in use at the time and that are not 

13 necessary for a proper reserve supply, to any educational 

14 institution having a uniformed corps of midshipmen of 

15 sufficient number for target practice. He may also issue 

16 40 rounds of ball cartridges for each midshipman for each 

17 range at which target practice is held, but not more than 

18 120 rounds each year for each midshipman participating 

19 in target practice. 

20 ‘‘(b) RESPONSIBILITIES OF INSTITUTIONS.—The in21 stitutions to which property is lent under subsection (a) 

22 shall— 

23 ‘‘(1) use the property for target practice; 

24 ‘‘(2) take proper care of the property; and 

25 ‘‘(3) return the property when required. 


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1 ‘‘(c) REGULATIONS.—The Secretary shall prescribe 

2 regulations to carry out this section, containing such other 

3 requirements as he considers necessary to safeguard the 

4 interests of the United States. 

5 ‘‘§ 7913. Supplies: military instruction camps 

6 ‘‘Under such conditions as he may prescribe, the Sec7 retary of the Navy may issue, to any educational institu8 tion at which an officer of the naval service is detailed 

9 as professor of naval science, such supplies as are nec10 essary to establish and maintain a camp for the military 

11 instruction of its students. The Secretary shall require a 

12 bond in the value of the property issued under this section, 

13 for the care and safekeeping of that property and except 

14 for property properly expended, for its return when re15 quired.’’. 

16 (b) CLERICAL AMENDMENT.—The table of chapters 

17 at the beginning of subtitle C of such title, and the table 

18 of chapters at the beginning of part IV of such subtitle, 

19 are each amended by inserting after the item relating to 

20 chapter 665 the following new item: 

‘‘667. Issue of Serviceable Material Other Than to Armed Forces ......... 7911.’’. 

21 SEC. 367. PROHIBITION ON DEACTIVATION OF 36TH RES22 CUE FLIGHT. 

23 The Secretary of Defense shall ensure that no action 

24 is taken to deactivate the Air Force unit known as the 

25 36th Rescue Flight that is assigned to Fairchild Air Force 


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1 Base in Spokane, Washington, or to reassign or reorganize 

2 any of the search and rescue capabilities of that unit. 

3 SEC. 368. LIMITATION ON EXPENDITURE OF FUNDS FOR 

4 INITIAL FLIGHT SCREENING AT PUEBLO ME5 MORIAL AIRPORT. 

6 Of the amounts authorized to be appropriated for ini7 tial flight screening at Pueblo Memorial Airport, not more 

8 than 50 percent shall be expended until the Secretary of 

9 the Air Force submits to the congressional defense com10 mittees a certification that the Secretary has developed a 

11 plan, together with the City of Pueblo, Colorado, to meet 

12 Air Force crash, fire, and rescue requirements to support 

13 Air Force flight operations at Pueblo Memorial Airport. 

14 TITLE IV—MILITARY 

15 PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

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

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

duty end strengths for fiscal years 2009 and 2010. 

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

the grade of major. 

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

the grades of lieutenant commander, commander, and captain. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

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

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

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

duty for operational support. 

Sec. 416. Future authorizations and accounting for certain reserve component 

personnel authorized to be on active duty or full-time National 

Guard duty to provide operational support. 

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


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Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

Sec. 422. Armed Forces Retirement Home. 

Sec. 423. Offsetting transfers from National Defense Stockpile Transaction 

Fund. 

1 Subtitle A—Active Forces 

2 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

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

4 strengths for active duty personnel as of September 30, 

5 2008, as follows: 

6 (1) The Army, 525,400. 

7 (2) The Navy, 329,098. 

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

9 (4) The Air Force, 329,651. 

10 (b) LIMITATION.— 

11 (1) ARMY.—The authorized strength for the 

12 Army provided in paragraph (1) of subsection (a) 

13 for active duty personnel for fiscal year 2008 is sub14 ject to the condition that costs of active duty per15 sonnel of the Army for that fiscal year in excess of 

16 489,400 shall be paid out of funds authorized to be 

17 appropriated for that fiscal year by section 1514. 

18 (2) MARINE CORPS.—The authorized strength 

19 for the Marine Corps provided in paragraph (3) of 

20 subsection (a) for active duty personnel for fiscal 

21 year 2008 is subject to the condition that costs of 

22 active duty personnel of the Marine Corps for that 


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1 fiscal year in excess of 180,000 shall be paid out of 

2 funds authorized to be appropriated for that fiscal 

3 year by section 1514. 

4 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 

5 STRENGTH MINIMUM LEVELS. 

6 Section 691(b) of title 10, United States Code, is 

7 amended by striking paragraphs (1) through (4) and in8 serting the following new paragraphs: 

9 ‘‘(1) For the Army, 525,400. 

10 ‘‘(2) For the Navy, 329,098. 

11 ‘‘(3) For the Marine Corps, 189,000. 

12 ‘‘(4) For the Air Force, 329,563.’’. 

13 SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF 

14 ARMY AND MARINE CORPS ACTIVE DUTY END 

15 STRENGTHS FOR FISCAL YEARS 2009 AND 

16 2010. 

17 (a) AUTHORITY TO INCREASE ARMY ACTIVE DUTY

18 END STRENGTHS.—For each of fiscal years 2009 and 

19 2010, the Secretary of Defense may, as the Secretary de20 termines necessary for the purposes described in sub21 section (c), establish the active-duty end strength for the 

22 Army at a number greater than the number otherwise au23 thorized by law up to the number equal to the fiscal-year 

24 2008 baseline plus 22,000. 


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1 (b) MARINE CORPS.—For each of fiscal years 2009 

2 and 2010, the Secretary of Defense may, as the Secretary 

3 determines necessary for the purposes described in sub4 section (c), establish the active-duty end strength for the 

5 Marine Corps at a number greater than the number other6 wise authorized by law up to the number equal to the fis7 cal-year 2008 baseline plus 13,000. 

8 (c) PURPOSE OF INCREASES.—The purposes for 

9 which increases may be made in Army and Marine Corps 

10 active duty end strengths under this section are— 

11 (1) to support operational missions; and 

12 (2) to achieve transformational reorganization 

13 objectives, including objectives for increased num14 bers of combat brigades and battalions, increased 

15 unit manning, force stabilization and shaping, and 

16 rebalancing of the active and reserve component 

17 forces. 

18 (d) RELATIONSHIP TO PRESIDENTIAL WAIVER AU19 THORITY.—Nothing in this section shall be construed to 

20 limit the President’s authority under section 123a of title 

21 10, United States Code, to waive any statutory end 

22 strength in a time of war or national emergency. 

23 (e) RELATIONSHIP TO OTHER VARIANCE AUTHOR24 ITY.—The authority under this section is in addition to 

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1 vided in subsections (e) and (f) of section 115 of title 10, 

2 United States Code. 

3 (f) BUDGET TREATMENT.— 

4 (1) FISCAL YEARS 2009 AND 2010 BUDGETS.— 

5 The budget for the Department of Defense for fiscal 

6 years 2009 and 2010 as submitted to Congress shall 

7 comply, with respect to funding, with subsections (c) 

8 and (d) of section 691 of title 10, United States 

9 Code. 

10 (2) OTHER INCREASES.—If the Secretary of 

11 Defense plans to increase the Army or Marine Corps 

12 active duty end strength for a fiscal year under this 

13 section, then the budget for the Department of De14 fense for that fiscal year as submitted to Congress 

15 shall include the amounts necessary for funding that 

16 active duty end strength in excess of the fiscal year 

17 2008 active duty end strength authorized for that 

18 service under section 401. 

19 (g) DEFINITIONS.—In this section: 

20 (1) FISCAL-YEAR 2008 BASELINE.—The term 

21 ‘‘fiscal-year 2008 baseline’’, with respect to the 

22 Army and Marine Corps, means the active-duty end 

23 strength authorized for those services in section 401. 

24 (2) ACTIVE-DUTY END STRENGTH.—In this 

25 subsection, the term ‘‘active-duty end strength’’ 


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1 means the strength for active-duty personnel of one 

2 of the Armed Forces as of the last day of a fiscal 

3 year. 

4 (h) REPEAL OF OTHER DISCRETIONARY AUTHORITY

5 TO TEMPORARILY INCREASE ARMY AND MARINE CORPS

6 ACTIVE DUTY END STRENGTHS.— 

7 (1) BASE LAW.—Section 403 of the Ronald W. 

8 Reagan National Defense Authorization Act for Fis9 cal Year 2005 (Public Law 108–375; 10 U.S.C. 115 

10 note) is repealed. 

11 (2) DELAYED AMENDMENT.—Section 403 of 

12 the John Warner National Defense Authorization 

13 Act for Fiscal Year 2007 (Public Law 109–364; 120 

14 Stat. 2169) is repealed. 

15 SEC. 404. INCREASE IN AUTHORIZED STRENGTHS FOR 

16 ARMY OFFICERS ON ACTIVE DUTY IN THE 

17 GRADE OF MAJOR. 

18 The portion of the table in section 523(a)(1) of title 

19 10, United States Code, relating to the Army is amended 

20 to read as follows: 

‘‘Total number of commissioned officers (excluding officers in categories specified in subsection (b)) 

on active duty 

Number of officers who may be serving 

on active duty in grade of: 

Major Lieutenant 

Colonel Colonel 

Army: 

20,000 ......................................... 7,768 5,253 1,613 

25,000 ......................................... 8,689 5,642 1,796 

30,000 ......................................... 9,611 6,030 1,980 

35,000 ......................................... 10,532 6,419 2,163 


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‘‘Total number of commissioned officers (excluding officers in categories specified in subsection (b)) 

on active duty 

Number of officers who may be serving 

on active duty in grade of: 

Major Lieutenant 

Colonel Colonel 

40,000 ......................................... 11,454 6,807 2,347 

45,000 ......................................... 12,375 7,196 2,530 

50,000 ......................................... 13,297 7,584 2,713 

55,000 ......................................... 14,218 7,973 2,897 

60,000 ......................................... 15,140 8,361 3,080 

65,000 ......................................... 16,061 8,750 3,264 

70,000 ......................................... 16,983 9,138 3,447 

75,000 ......................................... 17,903 9,527 3,631 

80,000 ......................................... 18,825 9,915 3,814 

85,000 ......................................... 19,746 10,304 3,997 

90,000 ......................................... 20,668 10,692 4,181 

95,000 ......................................... 21,589 11,081 4,364 

100,000 ....................................... 22,511 11,469 4,548 

110,000 ....................................... 24,354 12,246 4,915 

120,000 ....................................... 26,197 13,023 5,281 

130,000 ....................................... 28,040 13,800 5,648 

170,000 ....................................... 35,412 16,908 7,116’’. 

1 SEC. 405. INCREASE IN AUTHORIZED STRENGTHS FOR 

2 NAVY OFFICERS ON ACTIVE DUTY IN THE 

3 GRADES OF LIEUTENANT COMMANDER, COM4 MANDER, AND CAPTAIN. 

5 The table in section 523(a)(2) of title 10, United 

6 States Code, is amended to read as follows: 

‘‘Total number of commissioned officers (excluding officers in categories specified in subsection (b)) 

on active duty 

Number of officers who may be serving 

on active duty in grade of: 

Lieutenant 

Commander Commander Captain 

Navy: 

30,000 ......................................... 7,698 5,269 2,222 

33,000 ......................................... 8,189 5,501 2,334 

36,000 ......................................... 8,680 5,733 2,447 

39,000 ......................................... 9,172 5,965 2,559 

42,000 ......................................... 9,663 6,197 2,671 

45,000 ......................................... 10,155 6,429 2,784 

48,000 ......................................... 10,646 6,660 2,896 

51,000 ......................................... 11,136 6,889 3,007 

54,000 ......................................... 11,628 7,121 3,120 

57,000 ......................................... 12,118 7,352 3,232 

60,000 ......................................... 12,609 7,583 3,344 


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‘‘Total number of commissioned officers (excluding officers in categories specified in subsection (b)) 

on active duty 

Number of officers who may be serving 

on active duty in grade of: 

Lieutenant 

Commander Commander Captain 

63,000 ......................................... 13,100 7,813 3,457 

66,000 ......................................... 13,591 8,044 3,568 

69,000 ......................................... 14,245 8,352 3,718 

72,000 ......................................... 17,517 9,890 4,467’’. 

1 Subtitle B—Reserve Forces 

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

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

4 strengths for Selected Reserve personnel of the reserve 

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

6 (1) The Army National Guard of the United 

7 States, 351,300. 

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

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

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

11 (5) The Air National Guard of the United 

12 States, 106,700. 

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

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

15 (b) END STRENGTH REDUCTIONS.—The end 

16 strengths prescribed by subsection (a) for the Selected Re17 serve of any reserve component shall be proportionately 

18 reduced by— 

19 (1) the total authorized strength of units orga20 nized to serve as units of the Selected Reserve of 


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1 such component which are on active duty (other 

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

3 (2) the total number of individual members not 

4 in units organized to serve as units of the Selected 

5 Reserve of such component who are on active duty 

6 (other than for training or for unsatisfactory partici7 pation in training) without their consent at the end 

8 of the fiscal year. 

9 (c) END STRENGTH INCREASES.—Whenever units or 

10 individual members of the Selected Reserve of any reserve 

11 component are released from active duty during any fiscal 

12 year, the end strength prescribed for such fiscal year for 

13 the Selected Reserve of such reserve component shall be 

14 increased proportionately by the total authorized strengths 

15 of such units and by the total number of such individual 

16 members. 

17 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

18 DUTY IN SUPPORT OF THE RESERVES. 

19 Within the end strengths prescribed in section 

20 411(a), the reserve components of the Armed Forces are 

21 authorized, as of September 30, 2008, the following num22 ber of Reserves to be serving on full-time active duty or 

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

24 Guard, for the purpose of organizing, administering, re25 cruiting, instructing, or training the reserve components: 


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1 (1) The Army National Guard of the United 

2 States, 29,240. 

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

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

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

6 (5) The Air National Guard of the United 

7 States, 13,944. 

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

9 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

10 (DUAL STATUS). 

11 The minimum number of military technicians (dual 

12 status) as of the last day of fiscal year 2008 for the re13 serve components of the Army and the Air Force (notwith14 standing section 129 of title 10, United States Code) shall 

15 be the following: 

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

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

18 States, 26,502. 

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

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

21 States, 22,553. 

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

23 NON-DUAL STATUS TECHNICIANS. 

24 (a) LIMITATIONS.— 


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1 (1) NATIONAL GUARD.—Within the limitation 

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

3 States Code, the number of non-dual status techni4 cians employed by the National Guard as of Sep5 tember 30, 2008, may not exceed the following: 

6 (A) For the Army National Guard of the 

7 United States, 1,600. 

8 (B) For the Air National Guard of the 

9 United States, 350. 

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

11 status technicians employed by the Army Reserve as 

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

13 (3) AIR FORCE RESERVE.—The number of non14 dual status technicians employed by the Air Force 

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

16 90. 

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

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

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

20 United States Code. 

21 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU22 THORIZED TO BE ON ACTIVE DUTY FOR 

23 OPERATIONAL SUPPORT. 

24 During fiscal year 2008, the maximum number of 

25 members of the reserve components of the Armed Forces 


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

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

3 States Code, is the following: 

4 (1) The Army National Guard of the United 

5 States, 17,000. 

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

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

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

9 (5) The Air National Guard of the United 

10 States, 16,000. 

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

12 SEC. 416. FUTURE AUTHORIZATIONS AND ACCOUNTING 

13 FOR CERTAIN RESERVE COMPONENT PER14 SONNEL AUTHORIZED TO BE ON ACTIVE 

15 DUTY OR FULL-TIME NATIONAL GUARD DUTY 

16 TO PROVIDE OPERATIONAL SUPPORT. 

17 (a) REVIEW OF OPERATIONAL SUPPORT MISSIONS

18 PERFORMED BY CERTAIN RESERVE COMPONENT PER19 SONNEL.— 

20 (1) REVIEW REQUIRED.—The Secretary of De21 fense shall conduct a review of the long-term oper22 ational support missions performed by members of 

23 the reserve components authorized under section 

24 115(b) of title 10, United States Code, to be on ac25 tive duty or full-time National Guard duty for the 


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1 purpose of providing operational support, with the 

2 objectives of such review being— 

3 (A) minimizing the number of reserve com4 ponent members who perform such service for 

5 a period greater than 1095 consecutive days, or 

6 cumulatively for 1095 days out of the previous 

7 1460 days; and 

8 (B) determining which long-term oper9 ational support missions being performed by 

10 such members would more appropriately be per11 formed by members of the Armed Forces on ac12 tive duty under other provisions of title 10, 

13 United States Code, or by full-time support per14 sonnel of reserve components. 

15 (2) SUBMISSION OF RESULTS.—Not later than 

16 March 1, 2008, the Secretary shall submit to Con17 gress the results of the review, including a descrip18 tion of the adjustments in Department of Defense 

19 policy to be implemented as a result of the review 

20 and such recommendations for changes in statute, as 

21 the Secretary considers to be appropriate. 

22 (b) IMPROVED ACCOUNTING FOR RESERVE COMPO23 NENT PERSONNEL PROVIDING OPERATIONAL SUP24 PORT.—Section 115(b) of title 10, United States Code, is 


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1 amended by adding at the end the following new para2 graph: 

3 ‘‘(4) As part of the budget justification materials sub4 mitted by the Secretary of Defense to Congress in support 

5 of the end strength authorizations required under sub6 paragraphs (A) and (B) of subsection (a)(1) for fiscal year 

7 2009 and each fiscal year thereafter, the Secretary shall 

8 provide the following: 

9 ‘‘(A) The number of members, specified by re10 serve component, authorized under subparagraphs 

11 (A) and (B) of paragraph (1) who were serving on 

12 active duty or full-time National Guard duty for 

13 operational support beyond each of the limits speci14 fied under subparagraphs (A) and (B) of paragraph 

15 (2) at the end of the fiscal year preceding the fiscal 

16 year for which the budget justification materials are 

17 submitted. 

18 ‘‘(B) The number of members, specified by re19 serve component, on active duty for operational sup20 port who, at the end of the fiscal year for which the 

21 budget justification materials are submitted, are 

22 projected to be serving on active duty or full-time 

23 National Guard duty for operational support beyond 

24 such limits. 


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1 ‘‘(C) The number of members, specified by re2 serve component, on active duty or full-time Na3 tional Guard duty for operational support who are 

4 included in, and counted against, the end strength 

5 authorizations requested under subparagraphs (A) 

6 and (B) of subsection (a)(1). 

7 ‘‘(D) A summary of the missions being per8 formed by members identified under subparagraphs 

9 (A) and (B).’’. 

10 SEC. 417. REVISION OF VARIANCES AUTHORIZED FOR SE11 LECTED RESERVE END STRENGTHS. 

12 Section 115(f)(3) of title 10, United States Code, is 

13 amended by striking ‘‘2 percent’’ and inserting ‘‘3 per14 cent’’. 

15 Subtitle C—Authorization of 

16 Appropriations 

17 SEC. 421. MILITARY PERSONNEL. 

18 There is hereby authorized to be appropriated to the 

19 Department of Defense for military personnel for fiscal 

20 year 2008 a total of $115,439,889,000. The authorization 

21 in the preceding sentence supersedes any other authoriza22 tion of appropriations (definite or indefinite) for such pur23 pose for fiscal year 2008. 


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1 SEC. 422. ARMED FORCES RETIREMENT HOME. 

2 There is authorized to be appropriated for fiscal year 

3 2008 from the Armed Forces Retirement Home Trust 

4 Fund the sum of $61,624,000 for the operation of the 

5 Armed Forces Retirement Home. 

6 SEC. 423. OFFSETTING TRANSFERS FROM NATIONAL DE7 FENSE STOCKPILE TRANSACTION FUND. 

8 Not later than 60 days after the date of the enact9 ment of this Act, the Secretary of Defense shall transfer 

10 $150,000,000 from the unobligated balances of the Na11 tional Defense Stockpile Transaction Fund to the Mis12 cellaneous Receipts Fund of the United States Treasury 

13 to offset estimated costs arising from section 702 and the 

14 amendments made by such section. 

15 TITLE V—MILITARY PERSONNEL 

16 POLICY 

Subtitle A—Officer Personnel Policy 

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

Sec. 502. Increase in years of commissioned service threshold for discharge of 

probationary officers and for use of force shaping authority. 

Sec. 503. Special promotion authority for Navy career military professors. 

Subtitle B—Reserve Component Matters 

Sec. 511. Mandatory separation of Reserve officers in the grade of lieutenant 

general or vice admiral after completion of 38 years of commissioned service. 

Sec. 512. Constructive service credit upon original appointment of reserve officers in certain health care professions. 

Sec. 513. Maximum period of temporary Federal recognition of person as Army 

National Guard officer or Air Force Reserve officer. 

Sec. 514. Military technicians (dual status) in the Selected Reserve. 

Sec. 515. Working group on reintegration of reserve component members returning from deployment. 

Sec. 516. National Guard yellow ribbon reintegration program. 


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Sec. 517. Advance notice to members of reserve components of deployment in 

support of contingency operations. 

Subtitle C—Education and Training 

Sec. 521. Reduction or elimination of service obligation in an Army Reserve or 

Army National Guard troop program unit for certain persons 

selected as medical students at Uniformed Services University 

of the Health Sciences. 

Sec. 522. Increase in annual limit on number of ROTC scholarships under 

Army Reserve and Army National Guard program. 

Sec. 523. Revisions to authority to pay tuition for off-duty training or education. 

Sec. 524. National Defense University master’s degree programs. 

Sec. 525. Recodification in title 38, United States Code, of certain educational 

assistance programs for members of the reserve components. 

Sec. 526. Secretary of Defense evaluation of the adequacy of the degree-granting authorities of certain military universities and educational 

institutions. 

Sec. 527. Navy Junior Reserve Officers’ Training Corps unit for Southold, 

Mattituck, and Greenport high schools. 

Sec. 528. Navy Senior Reserve Officers’ Training Corps program at University 

of Miami, Coral Gables, Florida. 

Sec. 529. Intensified efforts to publicize and award scholarships to students attending historically Black colleges and universities and Hispanic-serving institutions. 

Sec. 530. Sense of Congress with respect to extension of time limitation for use 

of entitlement to education benefits by members of Selected 

Reserve and members of reserve component supporting contingency operations. 

Subtitle D—General Service Authorities 

Sec. 531. Authority to reduce required service obligation for initial appointment 

of qualified health professionals as officers in critical specialties. 

Sec. 532. Reenlistment in former enlisted grade after service as an officer. 

Subtitle E—Military Justice and Legal Assistance Matters 

Sec. 541. Authority to designate certain civilian employees of the Federal Government as eligible for legal assistance from Department of 

Defense legal staff resources. 

Subtitle F—Decorations and Awards 

Sec. 551. Authorization and request for award of Medal of Honor to Leslie H. 

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

Sec. 552. Authorization and request for award of Medal of Honor to Henry 

Svehla for acts of valor during the Korean War. 

Sec. 553. Authorization and request for award of Medal of Honor to Woodrow 

W. Keeble for acts of valor during the Korean War. 

Sec. 554. Authorization and request for award of Medal of Honor to Private 

Philip G. Shadrach for acts of valor during the Civil War. 

Sec. 555. Authorization and request for award of Medal of Honor to Private 

George D. Wilson for acts of valor as one of Andrews Raiders 

during the Civil War. 


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Sec. 556. Cold War Victory Medal. 

Sec. 557. Establishment of Combat Medevac Badge. 

Subtitle G—Impact Aid and Defense Dependents Education System 

Sec. 561. Tuition assistance for military dependents in overseas areas where 

schools operated by Defense Dependents’ Education System 

are not reasonably available. 

Sec. 562. Continuation of authority to assist local educational agencies that 

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

Subtitle H—Other Matters 

Sec. 571. Extension of authority to accept gifts, devises, or bequests to benefit 

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

Sec. 572. Uniform performance policies for military bands and other musical 

units. 

Sec. 573. Repeal of limitation on number of academies of Department of Defense STARBASE Program in a single State. 

Sec. 574. Combat veterans mentoring program for current members of the 

Armed Forces. 

Sec. 575. Recognition of members of the Monuments, Fine Arts, and Archives 

program of the Civil Affairs and Military Government Sections 

of the Armed Forces during and following World War II. 

Sec. 576. Program to commemorate 50th anniversary of the Vietnam War. 

Sec. 577. Protection of child custody arrangements for parents who are members of the Armed Forces deployed in support of a contingency 

operation. 

Sec. 578. Limitation on simultaneous deployment to combat zones of dual-military couples who have minor dependents. 

Sec. 579. Prohibition against members of the Armed Forces participating in 

criminal street gangs. 

Sec. 580. Study of feasibility of establishing a pilot program on family-to-family 

support for families of members of the National Guard and Reserves undergoing deployment. 

Sec. 581. Study regarding improving support services for children, infants, and 

toddlers of members of the National Guard and Reserve undergoing deployment. 

Sec. 582. Prohibition on the unauthorized use of names and images of members 

of the Armed Forces. 


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1 Subtitle A—Officer Personnel 

2 Policy 

3 SEC. 501. ASSIGNMENT OF OFFICERS TO DESIGNATED PO4 SITIONS OF IMPORTANCE AND RESPONSI5 BILITY. 

6 (a) CONTINUATION IN GRADE WHILE AWAITING OR7 DERS.—Section 601(b) of title 10, United States Code, 

8 is amended by striking paragraph (4) and inserting the 

9 following new paragraph: 

10 ‘‘(4) at the discretion of the Secretary of De11 fense, while the officer is awaiting orders after being 

12 relieved from the position designated under sub13 section (a) or by law to carry one of those grades, 

14 but not for more than 60 days beginning on the day 

15 the officer is relieved from the position, unless, dur16 ing such period, the officer is placed under orders to 

17 another position designated under subsection (a) or 

18 by law to carry one of those grades, in which case 

19 paragraph (2) will also apply to the officer.’’. 

20 (b) CONFORMING AMENDMENT REGARDING GEN21 ERAL AND FLAG OFFICER CEILINGS.—Section 525(e) of 

22 such title is amended by striking paragraph (2) and insert23 ing the following new paragraph: 

24 ‘‘(2) At the discretion of the Secretary of De25 fense, an officer of that armed force who has been 


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1 relieved from a position designated under section 

2 601(a) of this title or by law to carry one of the 

3 grades specified in such section, but only during the 

4 60-day period beginning on the date on which the 

5 assignment of the officer to the first position is ter6 minated or until the officer is assigned to a second 

7 such position, whichever occurs first.’’. 

8 SEC. 502. INCREASE IN YEARS OF COMMISSIONED SERVICE 

9 THRESHOLD FOR DISCHARGE OF PROBA10 TIONARY OFFICERS AND FOR USE OF FORCE 

11 SHAPING AUTHORITY. 

12 (a) ACTIVE-DUTY LIST OFFICERS.— 

13 (1) EXTENDED PROBATIONARY PERIOD.—Para14 graph (1)(A) of section 630 of title 10, United 

15 States Code, is amended by striking ‘‘five years’’ 

16 and inserting ‘‘six years’’. 

17 (2) SECTION HEADING.—The heading of such 

18 section is amended by striking ‘‘five years’’ and 

19 inserting ‘‘six years’’. 

20 (3) TABLE OF SECTIONS.—The item relating to 

21 such section in the table of sections at the beginning 

22 of subchapter III of chapter 36 of such title is 

23 amended to read as follows: 

‘‘630. Discharge of commissioned officers with less than six years of active commissioned service or found not qualified for promotion for first 

lieutenant or lieutenant (junior grade).’’. 


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1 (b) OFFICER FORCE SHAPING AUTHORITY.—Section 

2 647(b)(1) of such title is amended by striking ‘‘5 years’’ 

3 both places it appears and inserting ‘‘six years’’. 

4 (c) RESERVE OFFICERS.— 

5 (1) EXTENDED PROBATIONARY PERIOD.—Sub6 section (a)(1)(A) of section 14503 of such title is 

7 amended by striking ‘‘five years’’ and inserting ‘‘six 

8 years’’. 

9 (2) SECTION HEADING.—The heading of such 

10 section is amended by striking ‘‘five years’’ and 

11 inserting ‘‘six years’’. 

12 (3) TABLE OF SECTIONS.—The item relating to 

13 such section in the table of sections at the beginning 

14 of chapter 1407 of such title is amended to read as 

15 follows: 

‘‘14503. Discharge of officers with less than six years of commissioned service 

or found not qualified for promotion to first lieutenant or lieutenant (junior grade).’’. 

16 SEC. 503. SPECIAL PROMOTION AUTHORITY FOR NAVY CA17 REER MILITARY PROFESSORS. 

18 (a) REMOVAL FROM CHAPTER 36 PROMOTION PROC19 ESS.—Paragraph (2) of section 641 of title 10, United 

20 States Code, is amended to read as follows: 

21 ‘‘(2) The director of admissions, dean, and per22 manent professors at the United States Military 

23 Academy, the registrar, dean, and permanent profes24 sors at the United States Air Force Academy, and 


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1 permanent professors at the United States Naval 

2 Academy.’’. 

3 (b) ESTABLISHMENT OF SPECIAL PROMOTION PROC4 ESS.—Chapter 603 of such title is amended by inserting 

5 after section 6970 the following new section: 

6 ‘‘§ 6970a. Permanent professors: promotion 

7 ‘‘(a) PROMOTION AUTHORITY.—An officer of the 

8 Navy or Marine Corps serving as a permanent professor 

9 at the Naval Academy in the grade of commander or lieu10 tenant colonel may be recommended for promotion to the 

11 grade of captain or colonel, as the case may be. 

12 ‘‘(b) ELIGIBILITY FOR PROMOTION.—An officer de13 scribed in subsection (a) is not eligible for promotion 

14 under this section until after the date on which the officer 

15 completes six years of service as a permanent professor 

16 or career military professor. 

17 ‘‘(c) ACTUAL PROMOTION.—The promotion of an of18 ficer recommended for promotion under this section is 

19 subject to appointment of the officer to the higher grade 

20 by the President, by and with the advice and consent of 

21 the Senate.’’. 

22 (c) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of such chapter is amended by inserting 

24 after the item relating to section 6970 the following new 

25 item: 

‘‘6970a. Permanent professors: promotion.’’. 


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1 Subtitle B—Reserve Component 

2 Matters 

3 SEC. 511. MANDATORY SEPARATION OF RESERVE OFFI4 CERS IN THE GRADE OF LIEUTENANT GEN5 ERAL OR VICE ADMIRAL AFTER COMPLETION 

6 OF 38 YEARS OF COMMISSIONED SERVICE. 

7 (a) MANDATORY SEPARATION.—Section 14508 of 

8 title 10, United States Code, is amended— 

9 (1) by redesignating subsections (c), (d), and 

10 (e) as subsections (e), (f), and (g), respectively; and 

11 (2) by inserting after subsection (b) the fol12 lowing new subsection (c): 

13 ‘‘(c) THIRTY-EIGHT YEARS OF SERVICE FOR LIEU14 TENANT GENERALS AND VICE ADMIRALS.—Unless re15 tired, transferred to the Retired Reserve, or discharged 

16 at an earlier date, each reserve officer of the Army, Air 

17 Force, or Marine Corps in the grade of lieutenant general 

18 and each reserve officer of the Navy in the grade of vice 

19 admiral shall, 30 days after completion of 38 years of com20 missioned service, be separated in accordance with section 

21 14514 of this title.’’. 

22 (b) CLERICAL AMENDMENTS.—Such section is fur23 ther amended— 

24 (1) in subsection (a), by inserting ‘‘FOR BRIGA25 DIER GENERALS AND REAR ADMIRALS (LOWER


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1 HALF)’’ after ‘‘GRADE’’ in the subsection heading; 

2 and 

3 (2) in subsection (b), by inserting ‘‘FOR MAJOR

4 GENERALS AND REAR ADMIRALS’’ after ‘‘GRADE’’ 

5 in the subsection heading. 

6 SEC. 512. CONSTRUCTIVE SERVICE CREDIT UPON ORIGI7 NAL APPOINTMENT OF RESERVE OFFICERS 

8 IN CERTAIN HEALTH CARE PROFESSIONS. 

9 (a) INCLUSION OF ADDITIONAL HEALTH CARE PRO10 FESSIONS.—Paragraph (2) of section 12207(b) of title 10, 

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

12 ‘‘(2)(A) If the Secretary of Defense determines that 

13 the number of officers in a health profession described in 

14 subparagraph (B) who are serving in an active status in 

15 a reserve component of the Army, Navy, or Air Force in 

16 grades below major or lieutenant commander is critically 

17 below the number needed in such health profession by 

18 such reserve component in such grades, the Secretary of 

19 Defense may authorize the Secretary of the military de20 partment concerned to credit any person who is receiving 

21 an original appointment as an officer for service in such 

22 health profession with a period of constructive credit in 

23 such amount (in addition to any amount credited such 

24 person under paragraph (1)) as will result in the grade 


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1 of such person being that of captain or, in the case of 

2 the Navy Reserve, lieutenant. 

3 ‘‘(B) The types of health professions referred to in 

4 subparagraph (A) include the following: 

5 ‘‘(i) Any health profession performed by officers 

6 in the Medical Corps of the Army or the Navy or by 

7 officers of the Air Force designated as a medical of8 ficer. 

9 ‘‘(ii) Any health profession performed by offi10 cers in the Dental Corps of the Army or the Navy 

11 or by officers of the Air Force designated as a den12 tal officer. 

13 ‘‘(iii) Any health profession performed by offi14 cers in the Medical Service Corps of the Army or the 

15 Navy or by officers of the Air Force designated as 

16 a medical service officer or biomedical sciences offi17 cer. 

18 ‘‘(iv) Any health profession performed by offi19 cers in the Army Medical Specialist Corps. 

20 ‘‘(v) Any health profession performed by offi21 cers of the Nurse Corps of the Army or the Navy 

22 or by officers of the Air Force designated as a 

23 nurse. 


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1 ‘‘(vi) Any health profession performed by offi2 cers in the Veterinary Corps of the Army or by offi3 cers designated as a veterinary officer.’’. 

4 (b) CONFORMING AMENDMENT.—Paragraph (3) of 

5 such section is amended by striking ‘‘a medical or dental 

6 officer’’ and inserting ‘‘officers covered by paragraph (2)’’. 

7 SEC. 513. MAXIMUM PERIOD OF TEMPORARY FEDERAL 

8 RECOGNITION OF PERSON AS ARMY NA9 TIONAL GUARD OFFICER OR AIR FORCE RE10 SERVE OFFICER. 

11 Section 308(a) of title 32, United States Code, is 

12 amended in the last sentence by striking ‘‘six months’’ and 

13 inserting ‘‘one year’’. 

14 SEC. 514. MILITARY TECHNICIANS (DUAL STATUS) IN THE 

15 SELECTED RESERVE. 

16 (a) RETENTION OF MILITARY TECHNICIANS WHO

17 LOSE DUAL STATUS DUE TO COMBAT-RELATED DIS18 ABILITY.—Section 10216 of title 10, United States Code, 

19 is amended by inserting after subsection (f) the following 

20 new subsection: 

21 ‘‘(g) RETENTION OF MILITARY TECHNICIANS WHO

22 LOSE DUAL STATUS DUE TO COMBAT-RELATED DIS23 ABILITY.—(1) Notwithstanding subsection (d) of this sec24 tion or subsections (a)(3) and (b) of section 10218 of this 

25 title, if a military technician (dual status) loses such dual 


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1 status as the result of a combat-related disability (as de2 fined in section 1413a of this title), the person may be 

3 retained as a non-dual status technician so long as— 

4 ‘‘(A) the combat-related disability does not pre5 vent the person from performing the non-dual status 

6 functions or position; and 

7 ‘‘(B) the person, while a non-dual status techni8 cian, is not disqualified from performing the non9 dual status functions or position because of perform10 ance, medical, or other reasons. 

11 ‘‘(2) A person so retained shall be removed not later 

12 than 30 days after becoming eligible for an unreduced an13 nuity and becoming 60 years of age. 

14 ‘‘(3) Persons retained under the authority of this sub15 section do not count against the limitations of section 

16 10217(c) of this title.’’. 

17 (b) TEMPORARY EMPLOYMENT AUTHORITY.—Sub18 section (a) of such section is amended by adding at the 

19 end the following new paragraph: 

20 ‘‘(4) The secretary of a military department may 

21 temporarily waive the requirements of subsection 

22 (a)(1)(B) in order to fill a military technician (dual status) 

23 position while that position is vacant as a result of the 

24 mobilization of the technician normally assigned to that 

25 position under a call to active duty for a period of more 


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1 than 30 days under section 12301, 12302, or 12304 of 

2 this title in support of a contingency operation. In no case 

3 may the waiver authority be used in connection with any 

4 position for more than two years. The Secretary of De5 fense shall prescribe regulations to carry out this para6 graph.’’. 

7 (c) DEFERRAL OF MANDATORY SEPARATION.—Sub8 section (f) of such section is amended— 

9 (1) by striking ‘‘The Secretary of the Army’’ 

10 and inserting ‘‘(1) The Secretary of the Army and 

11 the Secretary of the Air Force’’; 

12 (2) by striking ‘‘the military technician (dual 

13 status) reaches age 60 and attains eligibility for an 

14 unreduced annuity (as defined in section 10218(c) of 

15 this title).’’ and inserting the following: ‘‘the military 

16 technician (dual status)— 

17 ‘‘(A) reaches age 60 and attains eligibility for 

18 an unreduced annuity; or 

19 ‘‘(B) attains eligibility for an unreduced annu20 ity after age 60, but in no case may the separation 

21 be deferred for more than 30 days after the person 

22 reaches age 62.’’; and 

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

24 paragraph: 


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1 ‘‘(2) For purposes of this subsection, the determina2 tion of whether a technician is eligible for an unreduced 

3 annuity shall be made in the manner provided by section 

4 10218(d) of this title.’’. 

5 SEC. 515. WORKING GROUP ON REINTEGRATION OF RE6 SERVE COMPONENT MEMBERS RETURNING 

7 FROM DEPLOYMENT. 

8 (a) WORKING GROUP REQUIRED.—The Secretary of 

9 Defense shall establish within the Department of Defense 

10 a working group to identify and assess the reintegration 

11 needs of members of the reserve components who return 

12 from overseas operational deployment. 

13 (b) MEMBERS.—The working group shall consist of 

14 16 members, to be appointed by the Secretary of Defense. 

15 The Secretary shall attempt to achieve a balance of mem16 bers on the working group from, at a minimum, the fol17 lowing: 

18 (1) The Department of Defense. 

19 (2) The Department of Veterans Affairs. 

20 (3) One member each from the Army National 

21 Guard of the United States, the Army Reserve, the 

22 Navy Reserve, the Marine Corps Reserve, the Air 

23 National Guard of the United States, and the Air 

24 Force Reserve. 


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1 (4) At least one dependent of a member of the 

2 Army National Guard or Air National Guard who 

3 has been deployed overseas. 

4 (5) At least one dependent of a member of the 

5 Army Reserve, Navy Reserve, Marine Corps Reserve, 

6 or Air Force Reserve who has been deployed over7 seas. 

8 (6) One State adjutant general. 

9 (7) Representatives of other Federal agencies 

10 and non-Federal members, as considered appropriate 

11 by the Secretary. 

12 (c) RESPONSIBILITIES.—The working group shall— 

13 (1) identify and assess the needs of members of 

14 the reserve components returning from deployment 

15 in making the transition to civilian life, including 

16 members who have experienced multiple recent de17 ployments and members who have been wounded or 

18 injured during deployment, and identify and assess 

19 the needs of the families of such members; 

20 (2) develop recommendations on means of im21 proving assistance to such members in meeting the 

22 needs identified in paragraph (1) on their return 

23 from deployment and in meeting the need of their 

24 families identified in paragraph (1); and 


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1 (3) assess the current transition and reintegra2 tion programs employed by the reserve components 

3 for members and their families following redeploy4 ment. 

5 (d) ELEMENTS OF ASSESSMENT.—The assessment 

6 required by subsection (c)(3) shall include— 

7 (1) a comparison of existing reintegration pro8 grams by service, State, or command; 

9 (2) an analysis of participation of other Federal 

10 agencies in current programs; 

11 (3) the costs associated with different pro12 grams; 

13 (4) identification of best practices from existing 

14 programs; and 

15 (5) a recommended plan for incorporating the 

16 best practices into current reserve component demo17 bilization activities. 

18 (e) CONSULTATION.—In carrying out its responsibil19 ities under subsection (c), the working group shall consult 

20 with the following: 

21 (1) Representatives of organizations that assist 

22 wounded or injured members of the reserve compo23 nents. 


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1 (2) Representatives of organizations that assist 

2 family members of members of the reserve compo3 nents. 

4 (3) Representatives of such other public or pri5 vate organizations and entities as the working group 

6 considers appropriate. 

7 (f) REPORT.— 

8 (1) REPORT REQUIRED.—Not later than 180 

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

10 working group shall submit to the Secretary of De11 fense and Congress a report on its activities under 

12 subsection (c). 

13 (2) ELEMENTS.—The report shall include the 

14 following: 

15 (A) The results of the identifications and 

16 assessments required under subsection (c). 

17 (B) The recommendations developed under 

18 subsection (c)(2), including recommendations 

19 regarding the following: 

20 (i) The provision of outreach and as21 sistance to members of the reserve compo22 nents returning from deployment and the 

23 provision of outreach and assistance to 

24 their families. 


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1 (ii) The improvement of collaboration 

2 between the public and private sectors in 

3 order to ensure the successful transition of 

4 such members and their families upon the 

5 return of such members from deployment. 

6 (3) AVAILABILITY TO PUBLIC.—The Secretary 

7 shall take appropriate actions to make the report 

8 available to the public, including through the inter9 net web site of the Department of Defense. 

10 SEC. 516. NATIONAL GUARD YELLOW RIBBON REINTEGRA11 TION PROGRAM. 

12 (a) ESTABLISHMENT.—The Secretary of Defense, in 

13 coordination with the Chief of the National Guard Bureau, 

14 shall establish a national combat veteran reintegration 

15 program to provide National Guard members and their 

16 families with sufficient information, services, referral, and 

17 proactive outreach opportunities throughout the entire de18 ployment cycle. This program shall be known as the Yel19 low Ribbon Reintegration Program. The Secretary may 

20 also use funds made available to carry out this section to 

21 support reintegration programs for members of the Army 

22 Reserve, Marine Corps Reserve, Navy Reserve, and Air 

23 Force Reserve and their families. 

24 (b) PURPOSE.—The Yellow Ribbon Reintegration 

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1 ties for reserve component members, their families, and 

2 community members through the four phases of the de3 ployment cycle: 

4 (1) Pre-deployment. 

5 (2) Deployment. 

6 (3) Demobilization. 

7 (4) Post-deployment-reconstitution. 

8 (c) CONSULTATION.—The National Guard Bureau 

9 Chief shall consult with the following parties during estab10 lishment of the program: 

11 (1) The Adjutant General of the Minnesota Na12 tional Guard and officials associated with the State’s 

13 ‘‘Beyond the Yellow Ribbon’’ Reintegration Pro14 gram, the Adjutant General of New Hampshire, the 

15 Adjutant General of Oregon, and the Adjutant Gen16 eral of Washington. 

17 (2) Adjutants General of the remaining States 

18 and territories. 

19 (d) ORGANIZATION.— 

20 (1) EXECUTIVE AGENT.—The Secretary shall 

21 designate the National Guard Bureau as the Depart22 ment of Defense executive agent for the Yellow Rib23 bon Reintegration Program. 

24 (2) ESTABLISHMENT OF THE OFFICE FOR RE25 INTEGRATION PROGRAMS.— 


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1 (A) IN GENERAL.—The National Guard 

2 Bureau shall establish the Office for Reintegra3 tion Programs within the National Guard Bu4 reau Joint Staff. This office shall administer all 

5 reintegration programs in coordination with 

6 State National Guard organizations. The office 

7 shall be responsible for coordination with exist8 ing National Guard family and support pro9 grams. The Directors of the Army National 

10 Guard and Air National Guard may appoint li11 aison officers to work with the permanent office 

12 staff. The office shall closely coordinate with 

13 the Army National Guard and Air National 

14 Guard Directorates for Manpower and Per15 sonnel with respect to existing family support 

16 structure, mobilization schedules, training 

17 schedules, training plans and programs, and 

18 any other personnel issues. 

19 (B) ESTABLISHMENT OF A CENTER FOR

20 EXCELLENCE IN REINTEGRATION.—The Office 

21 for Reintegration Programs shall establish a 

22 Center for Excellence in Reintegration within 

23 the office. The Center shall collect and analyze 

24 ‘‘lessons learned’’ and suggestions from State 

25 National Guard organizations with existing or 


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1 developing reintegration programs. The Center 

2 shall also assist in developing training aids and 

3 briefing materials and training representatives 

4 from State National Guard organizations. Rep5 resentatives from State National Guard organi6 zations with successful reintegration programs 

7 may augment the Office staff. 

8 (3) ADVISORY BOARD.— 

9 (A) APPOINTMENT.—The Chief of the Na10 tional Guard Bureau shall appoint an advisory 

11 board to analyze and report areas of success 

12 and areas for necessary improvements. The ad13 visory board shall include, but is not limited to, 

14 the Director of the Army National Guard, the 

15 Director of the Air National Guard, the Assist16 ant Secretary of Defense for Reserve Affairs, 

17 an Adjutant General on a rotational basis as 

18 determined by the Chief of the National Guard 

19 Bureau, the Director of the National Guard 

20 Bureau Manpower and Personnel Directorate 

21 (J–1), and any other Department of Defense, 

22 Federal Government agency, or outside organi23 zation as determined by the Chief of the Na24 tional Guard Bureau. The members of the adviVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 sory board may designate representatives in 

2 their stead. 

3 (B) SCHEDULE.—The advisory board shall 

4 meet on a schedule as determined by the Chief 

5 of the National Guard Bureau. 

6 (C) INITIAL REPORTING REQUIREMENT.— 

7 The advisory board shall issue internal reports 

8 as necessary and shall submit an initial report 

9 to the Committees on Armed Services not later 

10 than 180 days after the end of a one-year pe11 riod from establishment of the Office for Re12 integration Programs. This report shall con13 tain— 

14 (i) an evaluation of the reintegration 

15 program’s implementation by State Na16 tional Guard organizations; 

17 (ii) an assessment of any unmet re18 source requirements; 

19 (iii) an assessment of the reintegra20 tion program’s further inclusion of other 

21 reserve component members and the neces22 sity for further expansion to incorporate all 

23 the reserve components; and 

24 (iv) recommendations regarding closer 

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1 integration Programs and State National 

2 Guard organizations. 

3 (D) ANNUAL REPORTS.—The advisory 

4 board shall submit annual reports to the Com5 mittees on Armed Services of the Senate and 

6 House of Representatives following the initial 

7 report by the first week in March of subsequent 

8 years following the initial report. 

9 (4) STATE DEPLOYMENT CYCLE SUPPORT

10 TEAMS.—The Office for Reintegration Programs 

11 shall employ personnel to administer the Yellow Rib12 bon Reintegration Program at the State level. The 

13 Chief of the National Guard Bureau shall assign 

14 State Deployment Cycle Support Team members 

15 based on State need, geographical dispersion, and 

16 military population. The Office for Reintegration 

17 Programs is encouraged to employ wounded service 

18 members and returning combat veterans whenever 

19 possible. The primary function of team members 

20 shall be— 

21 (A) developing and managing the re22 integration curriculum; 

23 (B) contracting and recruiting for nec24 essary service providers; and 


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1 (C) ensuring that providers’ skills adapt to 

2 the unique military nature of the reintegration 

3 program. 

4 (e) PROGRAM.— 

5 (1) IN GENERAL.—The Office for Reintegration 

6 Programs shall analyze the demographics, placement 

7 of State Family Assistance Centers (FAC), and 

8 FAC resources before a mobilization alert is issued 

9 to affected State National Guard organizations. The 

10 Office of Reintegration Programs shall consult with 

11 affected State National Guard organizations fol12 lowing the issuance of a mobilization alert and im13 plement the reintegration events in accordance with 

14 the Reintegration Program phase model. 

15 (2) PRE-DEPLOYMENT PHASE.—The pre-de16 ployment phase shall constitute the time from first 

17 notification of mobilization until deployment of the 

18 mobilized National Guard unit. Events and activities 

19 shall focus on providing education and ensuring the 

20 readiness of service members, families, and commu21 nities for the rigors of a combat deployment. 

22 (3) DEPLOYMENT PHASE.—The deployment 

23 phase shall constitute the period from deployment of 

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1 nental United States. Events and services provided 

2 shall focus on the challenges and stress associated 

3 with separation and having a member in a combat 

4 zone. Information sessions shall utilize State Na5 tional Guard resources in coordination with the Em6 ployer Support of Guard and Reserve Office, Transi7 tion Assistance Advisors, and the State Family Pro8 grams Director. 

9 (4) DEMOBILIZATION PHASE.— 

10 (A) IN GENERAL.—The demobilization 

11 phase shall constitute the period from arrival of 

12 the National Guard unit at the demobilization 

13 station until its departure for home station. In 

14 the interest of returning members as soon as 

15 possible to their home stations, reintegration 

16 briefings during the demobilization phase shall 

17 be minimized. State Deployment Cycle Support 

18 Teams are encouraged, however, to assist de19 mobilizing members in enrolling in the Depart20 ment of Veterans Affairs system using form 

21 1010EZ during the Demobilization Phase. 

22 State Deployment Cycle Support Teams may 

23 provide other events from the initial reintegra24 tion activity as determined by the State Na25 tional Guard organizations. Remaining events 


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1 shall be conducted during the post-deployment2 reconstitution phase. 

3 (B) INITIAL REINTEGRATION ACTIVITY.— 

4 The purpose of this reintegration program is to 

5 educate service members about the resources 

6 that are available to them and to connect mem7 bers to service providers who can assist them in 

8 overcoming the challenges of reintegration 

9 (5) POST-DEPLOYMENT-RECONSTITUTION

10 PHASE.— 

11 (A) IN GENERAL.—The post-deployment12 reconstitution phase shall constitute the period 

13 from arrival at home station until 180 days fol14 lowing demobilization. Activities and services 

15 provided shall focus on reconnecting service 

16 members with their families and communities 

17 and providing resources and information nec18 essary for successful reintegration. Reintegra19 tion events shall begin with elements of the Ini20 tial Reintegration Activity program that were 

21 not completed during the demobilization phase. 

22 (B) 30-DAY, 60-DAY, AND 90-DAY RE23 INTEGRATION ACTIVITIES.—The State National 

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1 val following demobilization. These activities 

2 shall focus on reconnecting service members 

3 and family members with the service providers 

4 from initial reintegration activity to ensure 

5 service members and their families understand 

6 what benefits they are entitled to and what re7 sources are available to help them overcome the 

8 challenges of reintegration. The reintegration 

9 activities shall also provide a forum for service 

10 members and families to address negative be11 haviors related to combat stress and transition. 

12 (C) SERVICE MEMBER PAY.—Service mem13 bers shall receive appropriate pay for days 

14 spent attending the Reintegration Activities at 

15 the 30-day, 60-day, and 90-day interval. 

16 (D) MONTHLY INDIVIDUAL REINTEGRA17 TION PROGRAM.—The Office for Reintegration 

18 Programs, in coordination with State National 

19 Guard organizations, shall offer a monthly re20 integration program for individual service mem21 bers released from active duty or formerly in a 

22 medical hold status. The program shall focus on 

23 the special needs of this service member subset 

24 and the Office for Reintegration Programs shall 


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1 develop an appropriate program of services and 

2 information. 

3 (f) FUNDING INCREASE AND OFFSETTING REDUC4 TION.— 

5 (1) FUNDING.—The amount otherwise provided 

6 by section 421 for the Army National Guard mili7 tary personnel account is hereby increased by 

8 $50,000,000 to provide funds to carry out this sec9 tion. 

10 (2) OFFSETTING REDUCTION.—The amount 

11 otherwise provided by section 1507(4) for research, 

12 development, test, and evaluation for the Air Force 

13 is hereby reduced by $50,000,000, to be derived 

14 from the JSTARS program. 

15 SEC. 517. ADVANCE NOTICE TO MEMBERS OF RESERVE 

16 COMPONENTS OF DEPLOYMENT IN SUPPORT 

17 OF CONTINGENCY OPERATIONS. 

18 (a) ADVANCE NOTICE REQUIRED.—The Secretary of 

19 Defense shall ensure that a member of a reserve compo20 nent who will be called or ordered to active duty for a 

21 period of more than 30 days in support of a contingency 

22 operation (as defined in section 101(a)(13) of title 10, 

23 United States Code) receives notice in advance of the mo24 bilization date. At a minimum the notice shall be provided 


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1 not less than 30 days before the mobilization date, but 

2 with a goal of 90 days before the mobilization date. 

3 (b) REDUCTION OR WAIVER OF NOTICE REQUIRE4 MENT.—The Secretary of Defense may waive the require5 ment of subsection (a), or authorize shorter notice than 

6 the minimum specified in such subsection, during a war 

7 or national emergency declared by the President or Con8 gress or to meet mission requirements. If the waiver or 

9 reduction is made on account of mission requirements, the 

10 Secretary shall submit to Congress a report detailing the 

11 reasons for the waiver or reduction and the mission re12 quirements at issue. 

13 Subtitle C—Education and 

14 Training 

15 SEC. 521. REDUCTION OR ELIMINATION OF SERVICE OBLI16 GATION IN AN ARMY RESERVE OR ARMY NA17 TIONAL GUARD TROOP PROGRAM UNIT FOR 

18 CERTAIN PERSONS SELECTED AS MEDICAL 

19 STUDENTS AT UNIFORMED SERVICES UNI20 VERSITY OF THE HEALTH SCIENCES. 

21 Paragraph (3) of section 2107a(b) of title 10, United 

22 States Code, is amended to read as follows: 

23 ‘‘(3)(A) Subject to subparagraph (C), in the case of 

24 a person described in subparagraph (B), the Secretary 

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1 ify an agreement described in paragraph (1)(F) submitted 

2 by the person for the purpose of reducing or eliminating 

3 the troop program unit service obligation specified in the 

4 agreement and to establish, in lieu of that obligation, an 

5 active duty service obligation. 

6 ‘‘(B) Subparagraph (A) applies with respect to the 

7 following persons: 

8 ‘‘(i) A cadet under this section at a military 

9 junior college. 

10 ‘‘(ii) A cadet or former cadet under this section 

11 who is selected under section 2114 of this title to be 

12 a medical student at the Uniformed Services Univer13 sity of the Health Sciences. 

14 ‘‘(iii) A cadet or former cadet under this section 

15 who signs an agreement under section 2122 of this 

16 title for participation in the Armed Forces Health 

17 Professions Scholarship and Financial Assistance 

18 program. 

19 ‘‘(C) The modification of an agreement described in 

20 paragraph (1)(F) may be made only if the Secretary deter21 mines that it is in the best interests of the United States 

22 to do so.’’. 


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1 SEC. 522. INCREASE IN ANNUAL LIMIT ON NUMBER OF 

2 ROTC SCHOLARSHIPS UNDER ARMY RESERVE 

3 AND ARMY NATIONAL GUARD PROGRAM. 

4 Subsection (h) of section 2107a of title 10, United 

5 States Code, is amended by striking ‘‘416’’ and inserting 

6 ‘‘424’’. 

7 SEC. 523. REVISIONS TO AUTHORITY TO PAY TUITION FOR 

8 OFF-DUTY TRAINING OR EDUCATION. 

9 (a) INCLUSION OF COAST GUARD.—Section 2007(a) 

10 of title 10, United States Code, is amended by striking 

11 ‘‘Subject to subsection (b), the Secretary of a military de12 partment’’ and inserting ‘‘Subject to subsections (b) and 

13 (c), the Secretary concerned’’. 

14 (b) COMMISSIONED OFFICERS ON ACTIVE DUTY.— 

15 Section 2007(b) of title 10, United States Code, is amend16 ed— 

17 (1) in paragraph (1)— 

18 (A) by inserting after ‘‘commissioned offi19 cer on active duty’’ the following: ‘‘(other than 

20 a member of the Ready Reserve)’’; 

21 (B) by striking ‘‘the Secretary of the mili22 tary department concerned’’ and inserting ‘‘the 

23 Secretary concerned’’; and 

24 (C) by striking ‘‘or full-time National 

25 Guard duty’’ both places it appears; and 

26 (2) in paragraph (2)— 


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1 (A) in the matter preceding subparagraph 

2 (A), by striking ‘‘the Secretary of the military 

3 department’’ and inserting ‘‘the Secretary con4 cerned’’; 

5 (B) in subparagraph (B), by inserting 

6 after ‘‘active duty service’’ the following: ‘‘for 

7 which the officer was ordered to active duty’’; 

8 and 

9 (C) in subparagraph (C), by striking ‘‘Sec10 retary’’ and inserting ‘‘Secretary concerned’’. 

11 (c) AUTHORITY TO PAY TUITION ASSISTANCE TO

12 MEMBERS OF THE READY RESERVE.—Section 2007(c) of 

13 title 10, United States Code, is amended to read as fol14 lows: 

15 ‘‘(c) In the case of a member of the Ready Reserve, 

16 the following provisions apply: 

17 ‘‘(1) If the member is an officer of the Selected 

18 Reserve, or of the Ready Reserve but not of the Se19 lected Reserve, the Secretary concerned may not pay 

20 charges under subsection (a) unless the officer 

21 agrees to remain a member of the Selected Reserve 

22 or of the Ready Reserve (as applicable) for at least 

23 four years after completion of the education or train24 ing for which the charges are paid. 


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1 ‘‘(2) If the member is an enlisted member in 

2 the Selected Reserve, or in the Ready Reserve but 

3 not in the Selected Reserve, the Secretary concerned 

4 may order the member to serve, after completion of 

5 the education or training for which the charges are 

6 paid, in the Selected Reserve or in the Ready Re7 serve (as applicable) for such period of time as the 

8 Secretary concerned prescribes, but not for more 

9 than four years. 

10 ‘‘(3) In addition, if the member is a member of 

11 the Individual Ready Reserve, the Secretary con12 cerned may not pay charges under subsection (a) 

13 unless the Secretary concerned, based upon the 

14 needs of the service and the military skills or special15 ties of the member, selects the member for participa16 tion under this section. The Secretary concerned 

17 shall designate the military skills or specialties of 

18 members to be eligible for selection under this sec19 tion.’’. 

20 (d) CONFORMING AMENDMENT.—Section 2007 of 

21 title 10, United States Code, is further amended— 

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

23 (2) by redesignating subsections (e) and (f) as 

24 subsections (d) and (e), respectively. 


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1 (e) REPAYMENT.—Subsection (e) of such section, as 

2 so redesignated by subsection (d), is amended— 

3 (1) by striking ‘‘an officer’’ and inserting ‘‘a 

4 member’’; 

5 (2) by striking ‘‘subsection (b)’’ and inserting 

6 ‘‘this section’’; 

7 (3) by striking ‘‘of active duty’’; and 

8 (4) by striking ‘‘the officer’’ and inserting ‘‘the 

9 member’’. 

10 (f) REGULATIONS.—Such section is further amended 

11 by adding at the end the following new subsection: 

12 ‘‘(f) This section shall be administered under regula13 tions prescribed by the Secretary of Defense or, with re14 spect to the Coast Guard when it is not operating as a 

15 service in the Navy, the Secretary of Homeland Security.’’. 

16 (g) STUDY.— 

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

18 shall carry out a study on the tuition assistance pro19 gram carried out under section 2007 of title 10, 

20 United States Code. The study shall— 

21 (A) identify the number of service mem22 bers eligible for assistance under the program, 

23 and the number who actually receive the assist24 ance; 


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1 (B) assess the extent to which the program 

2 affects retention rates; and 

3 (C) assess the extent to which State tuition 

4 assistance programs affects retention rates in 

5 those States. 

6 (2) REPORT.—Not later than 9 months after 

7 the date of the enactment of this Act, the Secretary 

8 shall submit to the Committee on Armed Services of 

9 the Senate and the Committee on Armed Services of 

10 the House of Representatives a report on the results 

11 of the study. 

12 SEC. 524. NATIONAL DEFENSE UNIVERSITY MASTER’S DE13 GREE PROGRAMS. 

14 (a) IN GENERAL.—Section 2163 of title 10, United 

15 States Code, is amended— 

16 (1) by striking the heading and inserting the 

17 following: 

18 ‘‘§ 2163. National Defense University: master’s degree 

19 programs’’; 

20 (2) in subsection (a), by inserting after ‘‘master 

21 of science’’ the following: ‘‘or master of arts’’; and 

22 (3) in subsection (b), by adding at the end the 

23 following new paragraph: 

24 ‘‘(4) MASTER OF ARTS IN STRATEGIC SECURITY

25 STUDIES.—The degree of master of arts in strategic 


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1 security studies, to graduates of the University who 

2 fulfill the requirements of the program at the School 

3 for National Security Executive Education.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of chapter 108 of such title is amended 

6 by striking the item relating to section 2163 and inserting 

7 the following new item: 

‘‘2163. National Defense University: master’s degree programs.’’. 

8 (c) APPLICABILITY TO 2006-2007 GRADUATES.— 

9 Paragraph (4) of section 2163(b) of title 10, United 

10 States Code (as added by subsection (a) of this section), 

11 applies to any person who becomes a graduate on or after 

12 September 6, 2006. 

13 SEC. 525. RECODIFICATION IN TITLE 38, UNITED STATES 

14 CODE, OF CERTAIN EDUCATIONAL ASSIST15 ANCE PROGRAMS FOR MEMBERS OF THE RE16 SERVE COMPONENTS. 

17 (a) IN GENERAL.—Part III of title 38, United States 

18 Code, is amended by inserting after chapter 32 the fol19 lowing new chapter: 

20 ‘‘CHAPTER 33—EDUCATIONAL ASSIST21 ANCE FOR MEMBERS OF THE RE22 SERVE COMPONENTS 

‘‘SUBCHAPTER I—MEMBERS OF THE SELECTED RESERVE

‘‘Sec. 

‘‘3301. Educational assistance program: establishment; amount. 

‘‘3302. Eligibility for educational assistance. 


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‘‘3303. Time limitation for use of entitlement. 

‘‘3304. Termination of assistance. 

‘‘3305. Failure to participate satisfactorily; penalties. 

‘‘3306. Administration of program 

‘‘3307. Reports to Congress. 

‘‘SUBCHAPTER II—RESERVE COMPONENT MEMBERS SUPPORTING

CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS

‘‘3321. Purpose. 

‘‘3322. Educational assistance program. 

‘‘3323. Eligibility for educational assistance. 

‘‘3324. Time limitation for use of entitlement. 

‘‘3325. Termination of assistance. 

‘‘3326. Administration of program. 

1 ‘‘SUBCHAPTER I—MEMBERS OF THE SELECTED 

2 RESERVE 

3 ‘‘§ 3301. Educational assistance program: establish4 ment; amount 

5 ‘‘(a) ESTABLISHMENT.—To encourage membership 

6 in units of the Selected Reserve of the Ready Reserve, the 

7 Secretary of Veterans Affairs, shall establish and maintain 

8 a program to provide educational assistance to members 

9 of the Selected Reserve of the Ready Reserve of the Armed 

10 Forces. The Secretary of each military department shall, 

11 under regulations prescribed by the Secretary of Defense, 

12 provide to individuals who meet the eligibility require13 ments under section 3302 of this title the opportunity to 

14 receive educational assistance under this subchapter and 

15 shall maintain a program to increase the rate of edu16 cational assistance under this subchapter in accordance 

17 with subsection (i). 


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1 ‘‘(b) AMOUNT OF PAYMENT.—(1) Each educational 

2 assistance program established under subsection (a) shall 

3 provide for payment by the Secretary of Veterans Affairs 

4 of an educational assistance allowance to each person enti5 tled to educational assistance under this subchapter who 

6 is pursuing a program of education. Except as provided 

7 in subsections (d) through (f), the educational assistance 

8 allowance shall be paid at the rates in effect under the 

9 former chapter 1606 of title 10, as in effect immediately 

10 before the date of the enactment of the National Defense 

11 Authorization Act for Fiscal Year 2008, as increased 

12 under paragraph (3). 

13 ‘‘(2) For each month of less than half-time pursuit 

14 of a program of education, educational assistance under 

15 this subchapter shall be paid at a rate of 25 percent of 

16 the amount payable for a month of full-time pursuit of 

17 a program of education, except that no payment may be 

18 made to a person for less than half-time pursuit if tuition 

19 assistance is otherwise available to the person for such 

20 pursuit from the military department concerned. 

21 ‘‘(3) With respect to any fiscal year, the Secretary 

22 shall provide a percentage increase (rounded to the near23 est dollar) in the rates payable under subparagraphs (A), 

24 (B), and (C) of paragraph (1) equal to the percentage by 

25 which— 


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1 ‘‘(A) the Consumer Price Index (all items, 

2 United States city average) for the 12-month period 

3 ending on the June 30 preceding the beginning of 

4 the fiscal year for which the increase is made, ex5 ceeds 

6 ‘‘(B) such Consumer Price Index for the 12- 

7 month period preceding the 12-month period de8 scribed in subparagraph (A). 

9 ‘‘(c) APPROVED PROGRAMS OF EDUCATION; MAX10 IMUM MONTHS OF ASSISTANCE.—(1) Educational assist11 ance may be provided under this subchapter for pursuit 

12 of any program of education that is an approved program 

13 of education for purposes of chapter 30 of this title. 

14 ‘‘(2) Subject to section 3695 of this title, the max15 imum number of months of educational assistance that 

16 may be provided to any person under this subchapter is 

17 36 (or the equivalent thereof in part-time educational as18 sistance). 

19 ‘‘(3)(A) Notwithstanding any other provision of this 

20 subchapter or chapter 36 of this title, any payment of an 

21 educational assistance allowance described in subpara22 graph (B) of this paragraph shall not— 

23 ‘‘(i) be charged against the entitlement of any 

24 individual under this subchapter; or 


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1 ‘‘(ii) be counted toward the aggregate period for 

2 which section 3695 of this title limits an individual’s 

3 receipt of assistance. 

4 ‘‘(B) The payment of the educational assistance al5 lowance referred to in subparagraph (A) of this paragraph 

6 is the payment of such an allowance to the individual for 

7 pursuit of a course or courses under this subchapter if 

8 the Secretary of Veterans Affairs finds that the indi9 vidual— 

10 ‘‘(i) had to discontinue such course pursuit as 

11 a result of being ordered to serve on active duty 

12 under section 12301(a), 12301(d), 12301(g), 12302, 

13 or 12304 of title 10; and 

14 ‘‘(ii) failed to receive credit or training time to15 ward completion of the individual’s approved edu16 cational, professional, or vocational objective as a re17 sult of having to discontinue, as described in clause 

18 (i), the individual’s course pursuit. 

19 ‘‘(C) The period for which, by reason of this sub20 section, an educational assistance allowance is not charged 

21 against entitlement or counted toward the applicable ag22 gregate period under section 3695 of this title shall not 

23 exceed the portion of the period of enrollment in the 

24 course or courses for which the individual failed to receive 


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1 credit or with respect to which the individual lost training 

2 time, as determined under subparagraph (B)(ii). 

3 ‘‘(d) PROGRAMS OF APPRENTICESHIP.—(1) Except 

4 as provided in paragraph (2), the amount of the monthly 

5 educational assistance allowance payable to a person pur6 suing a full-time program of apprenticeship or other on7 the-job training under this subchapter is— 

8 ‘‘(A) for each of the first six months of the per9 son’s pursuit of such program, 75 percent of the 

10 monthly educational assistance allowance otherwise 

11 payable to such person under this subchapter; 

12 ‘‘(B) for each of the second six months of the 

13 person’s pursuit of such program, 55 percent of such 

14 monthly educational assistance allowance; and 

15 ‘‘(C) for each of the months following the first 

16 12 months of the person’s pursuit of such program, 

17 35 percent of such monthly educational assistance 

18 allowance. 

19 ‘‘(2) In any month in which any person pursuing a 

20 program of education consisting of a program of appren21 ticeship or other on-the-job training fails to complete 120 

22 hours of training, the amount of the monthly educational 

23 assistance allowance payable under this subchapter to the 

24 person shall be limited to the same proportion of the appli25 cable full-time rate as the number of hours worked during 


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1 such month, rounded to the nearest 8 hours, bears to 120 

2 hours. 

3 ‘‘(3)(A) Except as provided in subparagraph (B), for 

4 each month that such person is paid a monthly edu5 cational assistance allowance under this subchapter, the 

6 person’s entitlement under this subchapter shall be 

7 charged at the rate of— 

8 ‘‘(i) 75 percent of a month in the case of pay9 ments made in accordance with paragraph (1)(A); 

10 ‘‘(ii) 55 percent of a month in the case of pay11 ments made in accordance with paragraph (1)(B); 

12 and 

13 ‘‘(iii) 35 percent of a month in the case of pay14 ments made in accordance with paragraph (1)(C). 

15 ‘‘(B) Any such charge to the entitlement shall be re16 duced proportionately in accordance with the reduction in 

17 payment under paragraph (2). 

18 ‘‘(e) CORRESPONDENCE COURSES.—(1)(A) The 

19 amount of the educational assistance allowance payable 

20 under this subchapter to a person who enters into an 

21 agreement to pursue, and is pursuing, a program of edu22 cation exclusively by correspondence is an amount equal 

23 to 55 percent of the established charge which the institu24 tion requires nonveterans to pay for the course or courses 

25 pursued by such person. 


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1 ‘‘(B) For purposes of subparagraph (A), the term ‘es2 tablished charge’ means the lesser of— 

3 ‘‘(i) the charge for the course or courses deter4 mined on the basis of the lowest extended time pay5 ment plan offered by the institution and approved by 

6 the appropriate State approving agency; or 

7 ‘‘(ii) the actual charge to the person for such 

8 course or courses. 

9 ‘‘(C) Such allowance shall be paid quarterly on a pro 

10 rata basis for the lessons completed by the person and 

11 serviced by the institution. 

12 ‘‘(2) In each case in which the amount of educational 

13 assistance is determined under paragraph (1), the period 

14 of entitlement of the person concerned shall be charged 

15 with one month for each amount equal to the amount of 

16 the monthly rate payable under subsection (b)(1)(A) for 

17 the fiscal year concerned which is paid to the individual 

18 as an educational assistance allowance. 

19 ‘‘(f) FLIGHT TRAINING.—(1) The Secretary of Vet20 erans Affairs may approve the pursuit of flight training 

21 (in addition to a course of flight training that may be ap22 proved under section 3680A(b) of this title) by an indi23 vidual entitled to educational assistance under this sub24 chapter if— 


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1 ‘‘(A) such training is generally accepted as nec2 essary for the attainment of a recognized vocational 

3 objective in the field of aviation; 

4 ‘‘(B) the individual possesses a valid private 

5 pilot certificate and meets, on the day the individual 

6 begins a course of flight training, the medical re7 quirements necessary for a commercial pilot certifi8 cate; and 

9 ‘‘(C) the flight school courses meet Federal 

10 Aviation Administration standards for such courses 

11 and are approved by the Federal Aviation Adminis12 tration and the State approving agency. 

13 ‘‘(2) Each individual who is pursuing a program of 

14 education consisting exclusively of flight training approved 

15 as meeting the requirements of paragraph (1) shall be 

16 paid an educational assistance allowance under this sub17 chapter in the amount equal to 60 percent of the estab18 lished charges for tuition and fees which similarly 

19 circumstanced nonveterans enrolled in the same flight 

20 course are required to pay. 

21 ‘‘(3) No educational assistance allowance may be paid 

22 under this subchapter to an individual for any month dur23 ing which such individual is pursuing a program of edu24 cation consisting exclusively of flight training until the 

25 Secretary has received from that individual and the instiVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 tution providing such training a certification of the flight 

2 training received by the individual during that month and 

3 the tuition and other fees charged for that training. 

4 ‘‘(4) The period of entitlement of an individual pur5 suing a program of education described in paragraph (1) 

6 shall be charged with one month for each amount equal 

7 to the amount of the monthly rate payable under sub8 section (b)(1)(A) for the fiscal year concerned which is 

9 paid to that individual as an educational assistance allow10 ance for such program. 

11 ‘‘(5) The number of solo flying hours for which an 

12 individual may be paid an educational assistance allowance 

13 under this subsection may not exceed the minimum num14 ber of solo flying hours required by the Federal Aviation 

15 Administration for the flight rating or certification which 

16 is the goal of the individual’s flight training. 

17 ‘‘(g) INDIVIDUALIZED TUTORIAL ASSISTANCE.— 

18 (1)(A) Subject to subparagraph (B), the Secretary of Vet19 erans Affairs shall approve individualized tutorial assist20 ance for any person entitled to educational assistance 

21 under this subchapter who— 

22 ‘‘(i) is enrolled in and pursuing a postsecondary 

23 course of education on a half-time or more basis at 

24 an educational institution; and 


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1 ‘‘(ii) has a deficiency in a subject required as 

2 a part of, or which is prerequisite to, or which is in3 dispensable to the satisfactory pursuit of, the pro4 gram of education. 

5 ‘‘(B) The Secretary of Veterans Affairs shall not ap6 prove individualized tutorial assistance for a person pur7 suing a program of education under this paragraph unless 

8 such assistance is necessary for the person to successfully 

9 complete the program of education. 

10 ‘‘(2)(A) Subject to subparagraph (B), the Secretary 

11 of Veterans Affairs shall pay to a person receiving individ12 ualized tutorial assistance pursuant to paragraph (1) a tu13 torial assistance allowance. The amount of the allowance 

14 payable under this paragraph may not exceed $100 for 

15 any month, nor aggregate more than $1,200. The amount 

16 of the allowance paid under this paragraph shall be in ad17 dition to the amount of educational assistance allowance 

18 payable to a person under this subchapter. 

19 ‘‘(B) A tutorial assistance allowance may not be paid 

20 to a person under this paragraph until the educational in21 stitution at which the person is enrolled certifies that— 

22 ‘‘(i) the individualized tutorial assistance is es23 sential to correct a deficiency of the person in a sub24 ject required as a part of, or which is prerequisite 


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1 to, or which is indispensable to the satisfactory pur2 suit of, an approved program of education; 

3 ‘‘(ii) the tutor chosen to perform such assist4 ance is qualified to provide such assistance and is 

5 not the person’s parent, spouse, child (whether or 

6 not married or over eighteen years of age), brother, 

7 or sister; and 

8 ‘‘(iii) the charges for such assistance do not ex9 ceed the customary charges for such tutorial assist10 ance. 

11 ‘‘(3)(A) A person’s period of entitlement to edu12 cational assistance under this subchapter shall be charged 

13 only with respect to the amount of tutorial assistance paid 

14 to the person under this subsection in excess of $600. 

15 ‘‘(B) A person’s period of entitlement to educational 

16 assistance under this subchapter shall be charged at the 

17 rate of one month for each amount of assistance paid to 

18 the individual under this section in excess of $600 that 

19 is equal to the amount of the monthly educational assist20 ance allowance which the person is otherwise eligible to 

21 receive for full-time pursuit of an institutional course 

22 under this subchapter. 

23 ‘‘(h) COURSES BEYOND BACCALAUREATE DE24 GREE.—A program of education in a course of instruction 

25 beyond the baccalaureate degree level shall be provided 


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1 under this subchapter, subject to the availability of appro2 priations. 

3 ‘‘(i) SPECIAL SKILLS.—(1) In the case of a person 

4 who has a skill or specialty designated by the Secretary 

5 of the military department concerned as a skill or specialty 

6 in which there is a critical shortage of personnel or for 

7 which it is difficult to recruit or, in the case of critical 

8 units, retain personnel, the Secretary of the military de9 partment concerned may increase the rate of the edu10 cational assistance allowance applicable to that person to 

11 such rate in excess of the rate prescribed under subpara12 graphs (A) through (D) of subsection (b)(1) as the Sec13 retary of Defense considers appropriate, but the amount 

14 of any such increase may not exceed $350 per month. 

15 ‘‘(2) In the case of a person who has a skill or spe16 cialty designated by the Secretary of the military depart17 ment concerned as a skill or specialty in which there is 

18 a critical shortage of personnel or for which it is difficult 

19 to recruit or, in the case of critical units, retain personnel, 

20 who is eligible for educational benefits under chapter 30 

21 (other than section 3012) of this title and who meets the 

22 eligibility criteria specified in subparagraphs (A) and (B) 

23 of section 3302(a)(1) of this title, the Secretary of the 

24 military department concerned may increase the rate of 

25 the educational assistance allowance applicable to that 


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1 person to such rate in excess of the rate prescribed under 

2 section 3015 of this title as the Secretary of Defense con3 siders appropriate, but the amount of any such increase 

4 may not exceed $350 per month. 

5 ‘‘(3) The authority provided by paragraphs (1) and 

6 (2) shall be exercised by the Secretaries of the military 

7 departments under regulations prescribed by the Secretary 

8 of Defense. 

9 ‘‘(j) LICENSING AND CERTIFICATION.—(1) Subject 

10 to paragraph (3), the amount of educational assistance 

11 payable under this subchapter for a licensing or certifi12 cation test described in section 3452(b) of this title is the 

13 lesser of $2,000 or the fee charged for the test. 

14 ‘‘(2) The number of months of entitlement charged 

15 in the case of any individual for such licensing or certifi16 cation test is equal to the number (including any fraction) 

17 determined by dividing the total amount of educational as18 sistance paid such individual for such test by the full-time 

19 monthly institutional rate of educational assistance which, 

20 but for paragraph (1), such individual would otherwise be 

21 paid under subsection (b). 

22 ‘‘(3) In no event shall payment of educational assist23 ance under this subsection for such a test exceed the 

24 amount of the individual’s available entitlement under this 

25 subchapter. 


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1 ‘‘§ 3302. Eligibility for educational assistance 

2 ‘‘(a) ELIGIBILITY.—A person who— 

3 ‘‘(1) after June 30, 1985— 

4 ‘‘(A) enlists, reenlists, or extends an enlist5 ment as a Reserve for service in the Selected 

6 Reserve for a period of not less than six years; 

7 or 

8 ‘‘(B) is appointed as, or is serving as, a re9 serve officer and agrees to serve in the Selected 

10 Reserve for a period of not less than six years 

11 in addition to any other period of obligated 

12 service in the Selected Reserve to which the 

13 person may be subject; and 

14 ‘‘(2) before applying for benefits under this sec15 tion, has completed the requirements of a secondary 

16 school diploma (or an equivalency certificate); 

17 is entitled to educational assistance under section 3301 

18 of this title. 

19 ‘‘(b) ACTIVE DUTY FOR TRAINING REQUIRED.— 

20 Educational assistance may not be provided to a member 

21 under this subchapter until the member has completed the 

22 initial period of active duty for training required of the 

23 member. 

24 ‘‘(c) NOTIFICATION.—Each person who becomes enti25 tled to educational assistance under subsection (a) shall 

26 at the time the person becomes so entitled be given a 


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1 statement in writing summarizing the provisions of this 

2 subchapter and stating clearly and prominently the sub3 stance of sections 3304 and 3305 of this title as such sec4 tions may apply to the person. At the request of the Sec5 retary of Veterans Affairs, the Secretary of Defense shall 

6 transmit a notice of entitlement for each such person to 

7 that Secretary. 

8 ‘‘(d) BAR FROM DUAL ELIGIBILITY.—A person who 

9 serves in the Selected Reserve may not receive credit for 

10 such service under both the program established by chap11 ter 30 of this title and the program established by this 

12 subchapter but shall elect (in such form and manner as 

13 the Secretary of Veterans Affairs may prescribe) the pro14 gram to which such service is to be credited. However, 

15 a person may not receive credit under the program estab16 lished by this subchapter for service (in any grade) on full17 time active duty or full-time National Guard duty for the 

18 purpose of organizing, administering, recruiting, instruct19 ing, or training the reserve components in a position which 

20 is included in the end strength required to be authorized 

21 each year by section 115(a)(1)(B) of title 10. 

22 ‘‘§ 3303. Time limitation for use of entitlement 

23 ‘‘(a) TIME LIMITATION.—Except as provided in sub24 section (b), the period during which a person entitled to 

25 educational assistance under this subchapter may use such 


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1 person’s entitlement expires: (1) at the end of the 14-year 

2 period beginning on the date on which such person be3 comes entitled to such assistance; or (2) on the date the 

4 person is separated from the Selected Reserve, whichever 

5 occurs first. 

6 ‘‘(b) EXCEPTIONS.—(1) In the case of a person— 

7 ‘‘(A) who is separated from the Selected Re8 serve because of a disability which was not the result 

9 of the individual’s own willful misconduct incurred 

10 on or after the date on which such person became 

11 entitled to educational assistance under this sub12 chapter; or 

13 ‘‘(B) who, on or after the date on which such 

14 person became entitled to educational assistance 

15 under this subchapter ceases to be a member of the 

16 Selected Reserve during the period beginning on Oc17 tober 1, 1991, and ending on December 31, 2001, 

18 by reason of the inactivation of the person’s unit of 

19 assignment or by reason of involuntarily ceasing to 

20 be designated as a member of the Selected Reserve 

21 pursuant to section 10143(a) of title 10, 

22 the period for using entitlement prescribed by subsection 

23 (a) shall be determined without regard to clause (2) of 

24 such subsection. 


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1 ‘‘(2) The provisions of section 3031(f) of this title 

2 shall apply to the period of entitlement prescribed by sub3 section (a). 

4 ‘‘(3) The provisions of section 3031(d) of this title 

5 shall apply to the period of entitlement prescribed by sub6 section (a) in the case of a disability incurred in or aggra7 vated by service in the Selected Reserve. 

8 ‘‘(4) In the case of a member of the Selected Reserve 

9 of the Ready Reserve who serves on active duty pursuant 

10 to an order to active duty issued under section 12301(a), 

11 12301(d), 12301(g), 12302, or 12304 of title 10— 

12 ‘‘(A) the period of such active duty service plus 

13 four months shall not be considered in determining 

14 the expiration date applicable to such member under 

15 subsection (a); and 

16 ‘‘(B) the member may not be considered to 

17 have been separated from the Selected Reserve for 

18 the purposes of clause (2) of such subsection by rea19 son of the commencement of such active duty serv20 ice. 

21 ‘‘§ 3304. Termination of assistance 

22 ‘‘Educational assistance may not be provided under 

23 this subchapter— 


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1 ‘‘(1) to a member receiving financial assistance 

2 under section 2107 of title 10 as a member of the 

3 Senior Reserve Officers’ Training Corps program; or 

4 ‘‘(2) to a member who fails to participate satis5 factorily in required training as a member of the Se6 lected Reserve. 

7 ‘‘§ 3305. Failure to participate satisfactorily; penalties 

8 ‘‘(a) PENALTIES.—At the option of the Secretary of 

9 the military department concerned, in consultation with 

10 the Secretary of Veterans Affairs, a member of the Se11 lected Reserve of an armed force who does not participate 

12 satisfactorily in required training as a member of the Se13 lected Reserve during a term of enlistment or other period 

14 of obligated service that created entitlement of the mem15 ber to educational assistance under this subchapter, and 

16 during which the member has received such assistance, 

17 may— 

18 ‘‘(1) be ordered to active duty for a period of 

19 two years or the period of obligated service the per20 son has remaining under section 3302 of this title, 

21 whichever is less; or 

22 ‘‘(2) be subject to repayment requirements pre23 scribed by the Secretary of Veterans Affairs that are 

24 similar to the repayment provisions under section 

25 303a(e) of title 37. 


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1 ‘‘(b) COLLECTION OF FUNDS.—The Secretary of Vet2 erans Affairs shall collect any amount required to be re3 paid under subsection (a)(2). 

4 ‘‘(c) EFFECT OF REPAYMENT.—Any repayment 

5 under subsection (a)(2) shall not affect the period of obli6 gation of a member to serve as a Reserve in the Selected 

7 Reserve. 

8 ‘‘§ 3306. Administration of program 

9 ‘‘(a) PAYMENTS.—(1) Except as provided under 

10 paragraph (2), payments for educational assistance under 

11 this subchapter shall be made from funds appropriated or 

12 otherwise made available to the Department of Veterans 

13 Affairs for fiscal year 2009 or any subsequent fiscal year 

14 for the payment of readjustment benefits. 

15 ‘‘(2) Payments for increases in rates of educational 

16 assistance under section 3301(i) shall be made from 

17 amounts in the Department of Defense Education Bene18 fits Fund under section 2006 of title 10. Amounts for such 

19 payments shall be made available to the Secretary in ac20 cordance with the provisions of section 2006(d) of title 10. 

21 ‘‘(b) PROGRAM MANAGEMENT.—Except as otherwise 

22 provided in this subchapter, the provisions of sections 

23 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of this 

24 title and the provisions of subchapters I and II of chapter 

25 36 of this title (with the exception of sections 3686(a) and 


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1 3687) shall be applicable to the provision of educational 

2 assistance under this subchapter. The term ‘eligible vet3 eran’ and the term ‘person’, as used in those provisions, 

4 shall be deemed for the purpose of the application of those 

5 provisions to this subchapter to refer to a person eligible 

6 for educational assistance under this subchapter. 

7 ‘‘(c) APPLICATION OF BENEFITS.—The Secretary of 

8 Veterans Affairs may not make a distinction in the appli9 cation of educational assistance benefits under this sub10 chapter on the basis of whether a person who is eligible 

11 for educational assistance under this subchapter first be12 came so eligible under former chapter 1606 of title 10, 

13 as in effect immediately on September 30, 2008. 

14 ‘‘§ 3307. Biennial report to Congress 

15 ‘‘The Secretary of Veterans Affairs, in coordination 

16 with the Secretary of Defense, shall submit to Congress 

17 a report not later than March 1 of each odd-numbered 

18 year concerning the operation of the educational assist19 ance program established by this subchapter during the 

20 preceding two fiscal years. Each such report shall include 

21 the number of members of the Selected Reserve of the 

22 Ready Reserve of each armed force receiving, and the 

23 number entitled to receive, educational assistance under 

24 this subchapter during those fiscal years. The Secretary 


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1 may submit the report more frequently and adjust the pe2 riod covered by the report accordingly. 

3 ‘‘SUBCHAPTER II—RESERVE COMPONENT MEM4 BERS SUPPORTING CONTINGENCY OPER5 ATIONS AND CERTAIN OTHER OPERATIONS 

6 ‘‘§ 3321. Purpose 

7 ‘‘The purpose of this subchapter is to provide edu8 cational assistance to members of the reserve components 

9 called or ordered to active service in response to a war 

10 or national emergency declared by the President or Con11 gress, in recognition of the sacrifices that those members 

12 make in answering the call to duty. 

13 ‘‘§ 3322. Educational assistance program 

14 ‘‘(a) PROGRAM ESTABLISHMENT.—The Secretary of 

15 Veterans Affairs, shall establish and maintain a program 

16 as prescribed in this subchapter to provide educational as17 sistance to members of the Ready Reserve of the Armed 

18 Forces. The Secretary of each military department shall, 

19 under regulations prescribed by the Secretary of Defense, 

20 provide to individuals who meet the eligibility require21 ments under section 3323 of this title the opportunity to 

22 receive educational assistance under this subchapter. 

23 ‘‘(b) AUTHORIZED EDUCATION PROGRAMS.—Edu24 cational assistance may be provided under this subchapter 

25 for pursuit of any program of education that is an apVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 proved program of education for purposes of chapter 30 

2 of this title. 

3 ‘‘(c) BENEFIT AMOUNT.—(1) The educational assist4 ance program established under subsection (a) shall pro5 vide for payment by the Secretary of Veterans Affairs of 

6 an educational assistance allowance to each member enti7 tled to educational assistance under this subchapter who 

8 is pursuing a program of education authorized under sub9 section (b). 

10 ‘‘(2) The educational assistance allowance provided 

11 under this subchapter shall be based on the applicable per12 cent under paragraph (4) to the applicable rate provided 

13 under section 3015 of this title for a member whose enti14 tlement is based on completion of an obligated period of 

15 active duty of three years. 

16 ‘‘(3) The educational assistance allowance provided 

17 under this section for a person who is undertaking a pro18 gram for which a reduced rate is specified in chapter 30 

19 of this title, that rate shall be further adjusted by the ap20 plicable percent specified in paragraph (4). 

21 ‘‘(4) The adjusted educational assistance allowance 

22 under paragraph (2) or (3), as applicable, shall be— 

23 ‘‘(A) 40 percent in the case of a member of a 

24 reserve component who performed active service for 


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1 90 consecutive days but less than one continuous 

2 year; 

3 ‘‘(B) 60 percent in the case of a member of a 

4 reserve component who performed active service for 

5 one continuous year but less than two continuous 

6 years; or 

7 ‘‘(C) 80 percent in the case of a member of a 

8 reserve component who performed active service for 

9 two continuous years or more. 

10 ‘‘(d) MAXIMUM MONTHS OF ASSISTANCE.—(1) Sub11 ject to section 3695 of this title, the maximum number 

12 of months of educational assistance that may be provided 

13 to any member under this subchapter is 36 (or the equiva14 lent thereof in part-time educational assistance). 

15 ‘‘(2)(A) Notwithstanding any other provision of this 

16 subchapter or chapter 36 of this title, any payment of an 

17 educational assistance allowance described in subpara18 graph (B) shall not— 

19 ‘‘(i) be charged against the entitlement of any 

20 individual under this subchapter; or 

21 ‘‘(ii) be counted toward the aggregate period for 

22 which section 3695 of this title limits an individual’s 

23 receipt of assistance. 

24 ‘‘(B) The payment of the educational assistance al25 lowance referred to in subparagraph (A) is the payment 


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1 of such an allowance to the individual for pursuit of a 

2 course or courses under this subchapter if the Secretary 

3 of Veterans Affairs finds that the individual— 

4 ‘‘(i) had to discontinue such course pursuit as 

5 a result of being ordered to serve on active duty 

6 under section 12301(a), 12301(d), 12301(g), 12302, 

7 or 12304 of title 10; and 

8 ‘‘(ii) failed to receive credit or training time to9 ward completion of the individual’s approved edu10 cational, professional, or vocational objective as a re11 sult of having to discontinue, as described in clause 

12 (i), the individual’s course pursuit. 

13 ‘‘(C) The period for which, by reason of this sub14 section, an educational assistance allowance is not charged 

15 against entitlement or counted toward the applicable ag16 gregate period under section 3695 of this title shall not 

17 exceed the portion of the period of enrollment in the 

18 course or courses for which the individual failed to receive 

19 credit or with respect to which the individual lost training 

20 time, as determined under subparagraph (B)(ii). 

21 ‘‘(e) AVAILABILITY OF ASSISTANCE FOR LICENSING

22 AND CERTIFICATION TESTS.—The provisions of section 

23 3301(j) of this title shall apply to the provision of edu24 cational assistance under this subchapter, except that, in 

25 applying such section under this subchapter, the reference 


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1 to subsection (b) in paragraph (2) of such section is 

2 deemed to be a reference to subsection (c) of this section. 

3 ‘‘(f) FLIGHT TRAINING.—The Secretary of Veterans 

4 Affairs may approve the pursuit of flight training (in addi5 tion to a course of flight training that may be approved 

6 under section 3680A(b) of this title) by an individual enti7 tled to educational assistance under this subchapter if— 

8 ‘‘(1) such training is generally accepted as nec9 essary for the attainment of a recognized vocational 

10 objective in the field of aviation; 

11 ‘‘(2) the individual possesses a valid private 

12 pilot certificate and meets, on the day the member 

13 begins a course of flight training, the medical re14 quirements necessary for a commercial pilot certifi15 cate; and 

16 ‘‘(3) the flight school courses meet Federal 

17 Aviation Administration standards for such courses 

18 and are approved by the Federal Aviation Adminis19 tration and the State approving agency. 

20 ‘‘§ 3323. Eligibility for educational assistance 

21 ‘‘(a) ELIGIBILITY.—On or after September 11, 2001, 

22 a member of a reserve component is entitled to educational 

23 assistance under this subchapter if the member— 


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1 ‘‘(1) served on active duty in support of a con2 tingency operation for 90 consecutive days or more; 

3 or 

4 ‘‘(2) in the case of a member of the Army Na5 tional Guard of the United States or Air National 

6 Guard of the United States, performed full time Na7 tional Guard duty under section 502(f) of title 32 

8 for 90 consecutive days or more when authorized by 

9 the President or Secretary of Defense for the pur10 pose of responding to a national emergency declared 

11 by the President and supported by Federal funds. 

12 ‘‘(b) DISABLED MEMBERS.—Notwithstanding the eli13 gibility requirements in subsection (a), a member who was 

14 ordered to active service as prescribed under subsection 

15 (a)(1) or (a)(2) but is released from duty before com16 pleting 90 consecutive days because of an injury, illness 

17 or disease incurred or aggravated in the line of duty shall 

18 be entitled to educational assistance under this subchapter 

19 at the rate prescribed in section 3322(c)(4)(A) of this 

20 title. 

21 ‘‘(c) WRITTEN NOTIFICATION.—(1) Each member 

22 who becomes entitled to educational assistance under sub23 section (a) shall be given a statement in writing prior to 

24 release from active service that summarizes the provisions 

25 of this subchapter and stating clearly and prominently the 


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1 substance of section 3325 of this title as such section may 

2 apply to the member. 

3 ‘‘(2) At the request of the Secretary of Veterans Af4 fairs, the Secretary of the military department concerned 

5 shall transmit a notice of entitlement for each such mem6 ber to that Secretary. 

7 ‘‘(d) BAR FROM DUAL ELIGIBILITY.—A member who 

8 qualifies for educational assistance under this subchapter 

9 may not receive credit for such service under both the pro10 gram established by chapter 30 of this title and the pro11 gram established by this subchapter but shall make an ir12 revocable election (in such form and manner as the Sec13 retary of Veterans Affairs may prescribe) as to the pro14 gram to which such service is to be credited. 

15 ‘‘(e) BAR FROM DUPLICATION OF EDUCATIONAL AS16 SISTANCE ALLOWANCE.—(1) Except as provided in para17 graph (2), an individual entitled to educational assistance 

18 under this subchapter who is also eligible for educational 

19 assistance under subchapter I of this chapter, chapter 30, 

20 31, 32, or 35 of this title, or under the Hostage Relief 

21 Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) 

22 may not receive assistance under more than one such pro23 grams and shall elect (in such form and manner as the 

24 Secretary of Veterans Affairs may prescribe) under which 


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1 program the member elects to receive educational assist2 ance. 

3 ‘‘(2) The restriction on duplication of educational as4 sistance under paragraph (1) does not apply to the entitle5 ment of educational assistance under section 3301(i) of 

6 this title. 

7 ‘‘§ 3324. Time limit for use of entitlement 

8 ‘‘(a) DURATION OF ENTITLEMENT.—Except as pro9 vided in subsection (b), a member remains entitled to edu10 cational assistance under this subchapter while serving— 

11 ‘‘(1) in the Selected Reserve of the Ready Re12 serve, in the case of a member called or ordered to 

13 active service while serving in the Selected Reserve; 

14 or 

15 ‘‘(2) in the Ready Reserve, in the case of a 

16 member ordered to active duty while serving in the 

17 Ready Reserve (other than the Selected Reserve). 

18 ‘‘(b) DURATION OF ENTITLEMENT FOR DISABLED

19 MEMBERS.—(1) In the case of a person who is separated 

20 from the Ready Reserve because of a disability which was 

21 not the result of the individual’s own willful misconduct 

22 incurred on or after the date on which such person became 

23 entitled to educational assistance under this subchapter, 

24 such person’s entitlement to educational assistance expires 


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1 at the end of the 10-year period beginning on the date 

2 on which such person became entitled to such assistance. 

3 ‘‘(2) The provisions of subsections (d) and (f) of sec4 tion 3031 of this title shall apply to the period of entitle5 ment prescribed by paragraph (1). 

6 ‘‘§ 3325. Termination of assistance 

7 ‘‘(a) IN GENERAL.—Except as provided in subsection 

8 (b), educational assistance may not be provided under this 

9 subchapter, or if being provided under this subchapter, 

10 shall be terminated— 

11 ‘‘(1) if the member is receiving financial assist12 ance under section 2107 of title 10 as a member of 

13 the Senior Reserve Officers’ Training Corps pro14 gram; or 

15 ‘‘(2) when the member separates from the 

16 Ready Reserve, as provided for under section 

17 3324(a)(1) or section 3324(a)(2), as applicable, of 

18 this title. 

19 ‘‘(b) EXCEPTION.—Under regulations prescribed by 

20 the Secretary of Defense, educational assistance may be 

21 provided under this subchapter to a member of the Se22 lected Reserve of the Ready Reserve who incurs a break 

23 in service in the Selected Reserve of not more than 90 

24 days if the member continues to serve in the Ready Re25 serve during and after such break in service. 


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1 ‘‘§ 3326. Administration of program 

2 ‘‘(a) PAYMENTS.—Payments for educational assist3 ance under this subchapter shall be made from funds ap4 propriated or otherwise made available to the Department 

5 of Veterans Affairs for fiscal year 2009 or any subsequent 

6 fiscal year for the payment of readjustment benefits. 

7 ‘‘(b) PROGRAM MANAGEMENT.—Except as otherwise 

8 provided in this subchapter, the provisions of sections 

9 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of this 

10 title and the provisions of subchapters I and II of chapter 

11 36 of this title (with the exception of sections 3686(a) and 

12 3687) shall be applicable to the provision of educational 

13 assistance under this subchapter. The term ‘eligible vet14 eran’ and the term ‘person’, as used in those provisions, 

15 shall be deemed for the purpose of the application of those 

16 provisions to this subchapter to refer to a person eligible 

17 for educational assistance under this subchapter. 

18 ‘‘(c) APPLICATION OF BENEFITS.—The Secretary of 

19 Veterans Affairs may not make a distinction in the appli20 cation of educational assistance benefits under this sub21 chapter on the basis of whether a person who is eligible 

22 for educational assistance under this subchapter first be23 came so eligible under former chapter 1607 of title 10, 

24 as in effect immediately on September 30, 2008.’’. 

25 (b) TRANSFER OF AMOUNTS FOR BENEFITS AC26 CRUED BEFORE OCTOBER 1, 2008.— 


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1 (1) FISCAL YEAR 2009.—By not later than Oc2 tober 1, 2008, the Secretary of Defense shall trans3 fer to the Secretary of Veterans Affairs from the 

4 funds in the Department of Defense Education Ben5 efits Fund under section 2006 of title 10, United 

6 States Code, that are attributable to armed forces 

7 education liabilities under chapters 1606 and 1607 

8 of such title (other than such liabilities under section 

9 16131(i) of such title) that accrue before such date, 

10 such funds as may be required by the Secretary of 

11 Veterans Affairs to make payments with respect to 

12 such liabilities during fiscal year 2009. Such 

13 amounts shall be deposited into the Readjustment 

14 Benefits Account of the Department of Veterans Af15 fairs and shall be used only by the Secretary of Vet16 erans Affairs to make payments of educational as17 sistance under chapter 33 of title 38, United States 

18 Code, as added by subsection (a). Funds deposited 

19 in the Readjustment Benefits Account under this 

20 paragraph may not be used to pay any benefit that 

21 is payable from the Readjustment Benefits Account 

22 other than a payment of educational assistance 

23 under chapter 33 of title 38, United States Code, as 

24 added by subsection (a). 


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1 (2) TREATMENT OF RECEIPTS.—Receipts that 

2 would otherwise be credited to the account estab3 lished for the payment of benefits under the Depart4 ment of Defense Education Benefits Fund under 

5 section 2006 of title 10, United States Code, for the 

6 payment of benefits under the chapters 1606 and 

7 1607 of such title (other than such benefits under 

8 section 16131(i) of such title), shall be credited to 

9 the Readjustment Benefits Account of the Depart10 ment of Veterans Affairs and merged with funds de11 posited in that account under paragraph (1), to be 

12 available for the same purposes and subject to the 

13 same limitations as such funds. 

14 (3) AGREEMENT FOR SUBSEQUENT FISCAL

15 YEARS.—By not later than October 1, 2008, the 

16 Secretary of Defense and the Secretary of Veterans 

17 Affairs shall enter into an agreement under which 

18 the Secretary of Defense shall transfer to the Sec19 retary of Veterans Affairs all remaining funds in the 

20 Department of Defense Education Benefits Fund 

21 under section 2006 of title 10, United States Code, 

22 that are attributable to armed forces liabilities under 

23 the former chapters 1606 and 1607 of such title 

24 (other than such liabilities under section 16131(i) of 

25 such title) that accrue before such date. Such 


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1 amounts shall be deposited into the education ac2 count of the Readjustment Benefits Account of the 

3 Department of Veterans Affairs and shall be avail4 able to the Secretary of Veterans Affairs to make 

5 payments of educational assistance under chapter 33 

6 of title 38, United States Code, as added by sub7 section (a). 

8 (4) REPORT.—By not later than October 1, 

9 2008, the Secretary of Defense shall submit to the 

10 congressional defense committees, the Committee on 

11 Veterans Affairs of the Senate, and the Committee 

12 on Veterans Affairs of the House of Representatives 

13 a detailed report on the agreement between the Sec14 retary of Defense and the Secretary of Veterans Af15 fairs and the status of the transfer of funds de16 scribed in paragraph (2). Such report shall include 

17 the date on which the Secretary of Defense has 

18 agreed to complete such transfer. 

19 (c) CLERICAL AMENDMENTS.—The tables of chap20 ters at the beginning of title 38, United States Code, and 

21 at the beginning of part III of such title, are each amend22 ed by inserting after the item relating to chapter 32 the 

23 following new item: 

‘‘33. Educational Assistance for Members of the Reserve 

Components ............................................................. 3301’’. 

24 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 


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1 (1) CONFORMING AMENDMENTS ON BAR ON

2 DUAL ELIGIBILITY FOR BENEFITS.— 

3 (A) Section 3033 of title 38, United States 

4 Code, is amended— 

5 (i) in subsection (a)(1), by striking 

6 ‘‘chapter 106 or 107 of title 10’’ and in7 serting ‘‘under subchapter I or subchapter 

8 II of chapter 33 of this title, under chapter 

9 107 of title 10’’; and 

10 (ii) in subsection (c), by striking 

11 ‘‘chapter 106 of title 10’’ and inserting 

12 ‘‘subchapter I of chapter 33 of this title’’. 

13 (B) Section 3221(f) of such title is amend14 ed by striking ‘‘chapter 106 of title 10’’ and in15 serting ‘‘subchapter I of chapter 33 of this 

16 title’’. 

17 (C) Section 3681 of such title is amend18 ed— 

19 (i) in subsection (a), by striking ‘‘34, 

20 35, or 36 of this title or 106 or 107 of title 

21 10,’’ and inserting ‘‘33, 34, 35, or 36 of 

22 this title’’; and 

23 (ii) in subsection (b)— 

24 (I) in paragraph (1), by inserting 

25 before the period the following: ‘‘, and 


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1 subchapters I and II of chapter 33 of 

2 this title’’; and 

3 (II) in paragraph (2), by striking 

4 ‘‘Chapters 106 and’’ and inserting 

5 ‘‘Chapter’’. 

6 (2) CONFORMING AMENDMENTS RELATING TO

7 DEPARTMENT OF DEFENSE EDUCATION BENEFITS

8 FUND.— 

9 (A) DEFINITION OF ARMED FORCES EDU10 CATION LIABILITIES.—Paragraph (1) of section 

11 2006(b) of title 10, United States Code, is 

12 amended to read as follows: 

13 ‘‘(1) The term ‘armed forces education liabil14 ities’ means liabilities of the armed forces for bene15 fits under chapter 30 and section 3301(i) of title 38 

16 and for Department of Defense benefits under para17 graphs (3) and (4) of section 510(e) of this title, in18 cluding funds provided by the Secretary of Home19 land Security for education liabilities for the Coast 

20 Guard when it is not operating as a service in the 

21 Department of the Navy.’’. 

22 (B) DEFINITION OF NORMAL COST.—Para23 graph (2) of such section is amended by strik24 ing subparagraph (C) and inserting the fol25 lowing new subparagraph: 


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1 ‘‘(C) The present value of the future De2 partment of Defense benefits payable from the 

3 Fund (including funds from the Department in 

4 which the Coast Guard is operating) for edu5 cational assistance under section 3301(i) of title 

6 38 to persons who during such period become 

7 entitled to such assistance.’’. 

8 (3) CROSS-REFERENCE AMENDMENTS.— 

9 (A) CHAPTER 106 OF TITLE 10, UNITED

10 STATES CODE.— 

11 (i) Section 2131 of title 10, United 

12 States Code, is amended to read as follows: 

13 ‘‘§ 2131. Reference to subchapter I of chapter 33 of 

14 title 38 

15 ‘‘Provisions of law related to educational assistance 

16 for members of the Selected Reserve under the Mont17 gomery GI Bill program, as formerly set forth in this 

18 chapter and chapter 1606 of this title, are set forth in 

19 subchapter I of chapter 33 of title 38 (beginning with sec20 tion 3301 of title 38).’’. 

21 (ii) The table of sections at the begin22 ning of chapter 106 of such title is amend23 ed by striking the item relating to section 

24 2131 and inserting the following new item: 

‘‘2131. Reference to subchapter I of chapter 33 of title 38.’’. 


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1 (B) CHAPTER 1606 OF TITLE 10, UNITED

2 STATES CODE.—Chapter 1606 of such title is 

3 amended by striking all after the chapter head4 ing and inserting the following: 

‘‘Sec. 

‘‘16131. Reference to subchapter I of chapter 33 of title 38. 

5 ‘‘§ 16131. Reference to subchapter I of chapter 33 of 

6 title 38 

7 ‘‘Provisions of law related to educational assistance 

8 for members of the Selected Reserve under the Mont9 gomery GI Bill program, as formerly set forth in this 

10 chapter, are set forth in subchapter I of chapter 33 of 

11 title 38 (beginning with section 3301 of that title).’’. 

12 (C) CHAPTER 1607 OF TITLE 10, UNITED

13 STATES CODE.—Chapter 1607 of such title is 

14 amended by striking all after the chapter head15 ing and inserting the following: 

‘‘Sec. 

‘‘16161. Reference to subchapter II of chapter 33 of title 38. 

16 ‘‘§ 16161. Reference to subchapter II of chapter 33 of 

17 title 38 

18 ‘‘Provisions of law related to educational assistance 

19 for members of the reserve components of the Armed 

20 Forces supporting contingency operations and certain 

21 other operations, as formerly set forth in this chapter, are 

22 set forth in subchapter II of chapter 33 of title 38 (begin23 ning with section 3321 of that title).’’. 


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1 (4) ADDITIONAL CONFORMING AMENDMENTS.— 

2 (A) TITLE 38, UNITED STATES CODE.— 

3 (i) Section 3485 of title 38, United 

4 States Code, is amended— 

5 (I) in subsection (a)(4)(E), by 

6 striking ‘‘chapter 1606 or 1607 of 

7 title 10’’ and inserting ‘‘chapter 33 of 

8 this title’’; 

9 (II) in subsection (b), by striking 

10 ‘‘chapter 30, 31, 32, or 34 of this title 

11 or chapter 1606 or 1607 of title 10,’’ 

12 and inserting ‘‘chapter 30, 31, 32, 33, 

13 or 34 of this title’’; and 

14 (III) in subsection (e)(1)— 

15 (aa) by striking ‘‘, chapter 

16 30, 31, 32, 35, or 36 of this title, 

17 or chapter 1606 or 1607 of title 

18 10’’ and inserting ‘‘or chapter 

19 30, 31, 32, 33, 35, or 36 of this 

20 title’’; and 

21 (bb) by striking ‘‘section 

22 2135 of such title’’ and inserting 

23 ‘‘section 3305 of this title’’. 

24 (ii) Section 3672(c) of such title is 

25 amended— 


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1 (I) in paragraph (3)(A), by strik2 ing ‘‘chapters 30 and 35 of this title 

3 and chapter 1606 of title 10’’ and in4 serting ‘‘chapters 30, 33, and 35 of 

5 this title’’; and 

6 (II) in paragraph (4), by striking 

7 ‘‘chapter 30 or 35 of this title, or 

8 chapter 1606 of title 10, as the case 

9 may be’’ and inserting ‘‘chapter 30, 

10 33, or 35 of this title’’. 

11 (iii) Section 3674 of such title is 

12 amended— 

13 (I) in subsection (a)(1), by strik14 ing ‘‘and chapter 106 of title 10’’; and 

15 (II) in subsection (c), by insert16 ing ‘‘33,’’ after ‘‘32,’’. 

17 (iv) Section 3680A(d)(1) of such title 

18 is amended— 

19 (I) by striking ‘‘or under chapter 

20 106 of title 10’’ the first place it ap21 pears; and 

22 (II) by striking ‘‘or chapter 30, 

23 31, 32, or 35 of this title or under 

24 chapter 106 of title 10’’ and inserting 


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1 ‘‘or chapter 30, 31, 32, 33, or 35 of 

2 this title’’. 

3 (v) Section 3684A(a)(1) of such title 

4 is amended by striking ‘‘chapter 30 or 32 

5 of this title or in chapter 106 of title 10’’ 

6 and inserting ‘‘chapter 30, 32, or 33 of 

7 this title’’. 

8 (vi) Section 3688(b) of such title is 

9 amended by striking ‘‘, chapter 30, 32, or 

10 35 of this title, or chapter 106 of title 10’’ 

11 and inserting ‘‘or chapter 30, 32, 33, or 35 

12 of this title’’. 

13 (vii) Section 3689 of such title is 

14 amended by inserting ‘‘33,’’ after ‘‘32,’’ 

15 each place it appears. 

16 (viii) Section 3692 of such title is 

17 amended— 

18 (I) in subsection (a), by striking 

19 ‘‘or 35 of this title and chapter 1606 

20 of title 10’’ and inserting ‘‘33, or 35 

21 of this title’’; and 

22 (II) in subsection (b), by striking 

23 ‘‘, chapters 30, 32, and 35 of this 

24 title, and chapter 1606 of title 10’’ 


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1 and inserting ‘‘and chapters 30, 32, 

2 33, and 35 of this title’’. 

3 (ix) Section 3695(a) of such title is 

4 amended— 

5 (I) by striking paragraph (4) and 

6 inserting the following new paragraph 

7 (4): 

8 ‘‘(4) Chapters 30, 32, 34, 35, and 36 of this 

9 title and subchapters I and II of chapter 33 of this 

10 title.’’; and 

11 (II) in paragraph (5), by striking 

12 ‘‘, 1606, 1607,’’. 

13 (x) Section 3697(a) of such title is 

14 amended by striking ‘‘chapter 30, 32, 34, 

15 or 35 of this title, or chapter 106 of title 

16 10,’’ and inserting ‘‘chapter 30, 32, 33, 

17 34, or 35 of this title’’. 

18 (xi) Section 3697A(b)(1) of such title 

19 is amended by striking ‘‘or 32 of this title 

20 or chapter 106’’ and inserting ‘‘32, or 33 

21 of this title or chapter’’. 

22 (B) TITLE 10, UNITED STATES CODE.— 

23 Section 510(h) of title 10, United States Code, 

24 is amended— 

25 (i) in paragraph (1)— 


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1 (I) in subparagraph (A), by strik2 ing ‘‘additional educational assistance 

3 under chapter 1606 of this title or to 

4 basic educational assistance under 

5 subchapter II of chapter 30 of title 

6 38’’ and inserting ‘‘basic educational 

7 assistance under subchapter II of 

8 chapter 30 of title 38 or educational 

9 assistance under subchapter I of chap10 ter 33 of that title’’; and 

11 (II) in subparagraph (B)— 

12 (aa) by striking ‘‘chapter 

13 1606 of this title or chapter 30 

14 of title 38’’ and inserting ‘‘chap15 ter 30 or subchapter I of chapter 

16 33 of title 38’’; and 

17 (bb) by striking ‘‘either such 

18 chapter’’ each place it appears 

19 and inserting ‘‘either such provi20 sions’’; and 

21 (ii) in paragraph (3)(A), by striking 

22 ‘‘educational assistance under chapter 

23 1606 of this title’’ and all that follows 

24 through ‘‘as the case may be’’ and insert25 ing ‘‘basic educational assistance under 


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1 chapter 30 of title 38 or educational assist2 ance under subchapter I of chapter 33 of 

3 that title from an entitlement to such basic 

4 educational assistance under chapter 30 of 

5 that title or educational assistance under 

6 subchapter I of chapter 33 of that title, as 

7 the case may be’’. 

8 (C) ELEMENTARY AND SECONDARY EDU9 CATION ACT OF 1965.—Section 2304(g) of the 

10 Elementary and Secondary Education Act of 

11 1965 (20 U.S.C. 6674(g)) is amended by strik12 ing ‘‘chapter 30 of title 38 or chapter 1606 of 

13 title 10’’ and inserting ‘‘chapter 30 or 33 of 

14 title 38’’. 

15 (D) INTERNAL REVENUE CODE OF 1986.— 

16 Section 25A(g)(2)(B) of the Internal Revenue 

17 Code of 1986 is amended by striking ‘‘chapter 

18 30, 31, 32, 34, or 35 of title 38, United States 

19 Code, or under chapter 1606 of title 10, United 

20 States Code’’ and inserting ‘‘chapter 30, 31, 

21 32, 33, 34, or 35 of title 38, United States 

22 Code’’. 

23 (e) EFFECTIVE DATE.—This section and the amend24 ments made by this section shall take effect on October 

25 1, 2008. 


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1 SEC. 526. SECRETARY OF DEFENSE EVALUATION OF THE 

2 ADEQUACY OF THE DEGREE-GRANTING AU3 THORITIES OF CERTAIN MILITARY UNIVER4 SITIES AND EDUCATIONAL INSTITUTIONS. 

5 (a) EVALUATION REQUIRED.—The Secretary of De6 fense shall carry out an evaluation of the degree-granting 

7 authorities provided by title 10, United States Code, to 

8 the academic institutions specified in subsection (b). The 

9 evaluation shall assess whether the current process, under 

10 which each degree conferred by each institution must have 

11 a statutory authorization, remains adequate, appropriate, 

12 and responsive enough to meet emerging military service 

13 education requirements. 

14 (b) SPECIFIED INSTITUTIONS.—The academic insti15 tutions covered by subsection (a) are the following: 

16 (1) The National Defense University. 

17 (2) The Army War College and the United 

18 States Army Command and General Staff College. 

19 (3) The College of Naval Warfare and the Col20 lege of Naval Command and Staff. 

21 (4) The United States Naval Postgraduate 

22 School. 

23 (5) Air University and the United States Air 

24 Force Institute of Technology. 

25 (6) The Marine Corps University. 


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1 (c) REPORT.—Not later than April 1, 2008, the Sec2 retary shall submit to the Committee on Armed Services 

3 of the Senate and the Committee on Armed Services of 

4 the House of Representatives a report on the evaluation. 

5 The report shall include the results of the evaluation and 

6 any recommendations for changes to policy or law that 

7 the Secretary considers appropriate. 

8 SEC. 527. NAVY JUNIOR RESERVE OFFICERS’ TRAINING 

9 CORPS UNIT FOR SOUTHOLD, MATTITUCK, 

10 AND GREENPORT HIGH SCHOOLS. 

11 For purposes of meeting the requirements of section 

12 2031(b) of title 10, United States Code, the Secretary of 

13 the Navy may, and to the extent the schools request shall, 

14 treat any two or more of the following schools (all in 

15 Southold, Suffolk County, New York) as a single institu16 tion: 

17 (1) Southold High School. 

18 (2) Mattituck High School. 

19 (3) Greenport High School. 

20 SEC. 528. NAVY SENIOR RESERVE OFFICERS’ TRAINING 

21 CORPS PROGRAM AT UNIVERSITY OF MIAMI, 

22 CORAL GABLES, FLORIDA. 

23 The Secretary of the Navy may establish and main24 tain a Senior Reserve Officers’ Training Corps program 


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1 under section 2102 of title 10, United States Code, at the 

2 University of Miami, Coral Gables, Florida. 

3 SEC. 529. INTENSIFIED EFFORTS TO PUBLICIZE AND 

4 AWARD SCHOLARSHIPS TO STUDENTS AT5 TENDING HISTORICALLY BLACK COLLEGES 

6 AND UNIVERSITIES AND HISPANIC-SERVING 

7 INSTITUTIONS. 

8 The Secretary of Defense shall take due care to en9 sure that the Army National Guard and Reserve ROTC 

10 scholarships provided in this title are available to students 

11 attending Historically Black Colleges and Universities 

12 that are part B institutions as defined in section 322(2) 

13 of the Higher Education Act of 1965 (20 U.S.C. 1061(2)) 

14 and minority institutions (as defined in section 365(3) of 

15 that Act (20 U.S.C. 1067k(3))) and Hispanic-serving in16 stitutions as that term is used in section 502 of the Higher 

17 Education Act of 1965 (20 U.S.C. 1101a). 

18 SEC. 530. SENSE OF CONGRESS WITH RESPECT TO EXTEN19 SION OF TIME LIMITATION FOR USE OF ENTI20 TLEMENT TO EDUCATION BENEFITS BY MEM21 BERS OF SELECTED RESERVE AND MEMBERS 

22 OF RESERVE COMPONENT SUPPORTING CON23 TINGENCY OPERATIONS. 

24 It is the sense of Congress that the time limitation 

25 for the use of entitlement to educational assistance under 


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1 each of subchapters I and II of chapter 33 of title 38, 

2 United States Code, should be extended to allow an indi3 vidual entitled to such assistance to use that individual’s 

4 entitlement during the ten-year period beginning on the 

5 date on which the individual is separated from the Ready 

6 Reserve or the Selected Reserve of the Ready Reserve, as 

7 the case may be. 

8 Subtitle D—General Service 

9 Authorities 

10 SEC. 531. AUTHORITY TO REDUCE REQUIRED SERVICE OB11 LIGATION FOR INITIAL APPOINTMENT OF 

12 QUALIFIED HEALTH PROFESSIONALS AS OF13 FICERS IN CRITICAL SPECIALTIES. 

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

15 amended by adding at the end the following new sub16 section: 

17 ‘‘(c) For the armed forces under the jurisdiction of 

18 the Secretary of Defense, the Secretary may reduce the 

19 total initial period of required service to less than the min20 imum otherwise established pursuant to subsection (a) in 

21 the case of the initial appointment of a commissioned offi22 cer in a critically short health professional specialty, as 

23 determined by the Secretary. The period of required serv24 ice may not be reduced to less than two years.’’. 


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1 SEC. 532. REENLISTMENT IN FORMER ENLISTED GRADE 

2 AFTER SERVICE AS AN OFFICER. 

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

4 United States Code, is amended— 

5 (1) in subsection (a)— 

6 (A) by striking ‘‘a Reserve officer’’ and in7 serting ‘‘an officer’’; and 

8 (B) by striking ‘‘a temporary appoint9 ment’’ and inserting ‘‘an appointment’’; and 

10 (2) in subsection (b)— 

11 (A) in paragraph (1), by striking ‘‘a Re12 serve officer’’ and inserting ‘‘an officer’’; and 

13 (B) in paragraph (2), by striking ‘‘Re14 serve’’. 

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

16 title is amended— 

17 (1) in subsection (a)— 

18 (A) by striking ‘‘a reserve officer’’ and in19 serting ‘‘an officer’’; and 

20 (B) by striking ‘‘a temporary appoint21 ment’’ and inserting ‘‘an appointment’’; and 

22 (2) in subsection (b)— 

23 (A) in paragraph (1), by striking ‘‘a Re24 serve officer’’ and inserting ‘‘an officer’’; and 

25 (B) in paragraph (2), by striking ‘‘Re26 serve’’. 


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1 Subtitle E—Military Justice and 

2 Legal Assistance Matters 

3 SEC. 541. AUTHORITY TO DESIGNATE CERTAIN CIVILIAN 

4 EMPLOYEES OF THE FEDERAL GOVERNMENT 

5 AS ELIGIBLE FOR LEGAL ASSISTANCE FROM 

6 DEPARTMENT OF DEFENSE LEGAL STAFF RE7 SOURCES. 

8 Section 1044(a) of title 10, United States Code, is 

9 amended by adding at the end the following new para10 graph: 

11 ‘‘(6) Civilian employees of the Federal Govern12 ment serving with, or preparing to serve with, an 

13 armed force in support of a contingency operation, 

14 as designated in regulations prescribed by the Sec15 retary concerned.’’. 

16 Subtitle F—Decorations and 

17 Awards 

18 SEC. 551. AUTHORIZATION AND REQUEST FOR AWARD OF 

19 MEDAL OF HONOR TO LESLIE H. SABO, JR., 

20 FOR ACTS OF VALOR DURING THE VIETNAM 

21 WAR. 

22 (a) AUTHORIZATION.—Notwithstanding the time lim23 itations specified in section 3744 of title 10, United States 

24 Code, or any other time limitation with respect to the 

25 awarding of certain medals to persons who served in the 


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1 Armed Forces, the President is authorized and requested 

2 to award the Medal of Honor under section 3741 of such 

3 title to Leslie H. Sabo, Jr., for the acts of valor during 

4 the Vietnam War described in subsection (b). 

5 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

6 referred to in subsection (a) are the actions of Leslie H. 

7 Sabo, Jr., on May 10, 1970, as a member of the United 

8 States Army serving in the grade of Specialist Four in 

9 the Republic of Vietnam with Company B of the 3d Bat10 talion, 506th Infantry Regiment, 101st Airborne Division. 

11 SEC. 552. AUTHORIZATION AND REQUEST FOR AWARD OF 

12 MEDAL OF HONOR TO HENRY SVEHLA FOR 

13 ACTS OF VALOR DURING THE KOREAN WAR. 

14 (a) AUTHORIZATION.—Notwithstanding the time lim15 itations specified in section 3744 of title 10, United States 

16 Code, or any other time limitation with respect to the 

17 awarding of certain medals to persons who served in the 

18 Armed Forces, the President is authorized and requested 

19 to award the Medal of Honor under section 3741 of such 

20 title to Henry Svehla for the acts of valor described in 

21 subsection (b). 

22 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

23 referred to in subsection (a) are the actions of Henry 

24 Svehla on June 12, 1952, as a member of the United 

25 States Army serving in the grade of Private First Class 


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1 in Korea with Company F of the 32d Infantry Regiment, 

2 7th Infantry Division. 

3 SEC. 553. AUTHORIZATION AND REQUEST FOR AWARD OF 

4 MEDAL OF HONOR TO WOODROW W. KEEBLE 

5 FOR ACTS OF VALOR DURING THE KOREAN 

6 WAR. 

7 (a) WAIVER OF TIME LIMITATIONS.—Notwith8 standing the time limitations specified in section 3744 of 

9 title 10, United States Code, or any other time limitation 

10 with respect to the awarding of certain medals to persons 

11 who served in the Armed Forces, the President is author12 ized and requested to award the Medal of Honor under 

13 section 3741 of such title to Woodrow W. Keeble for the 

14 acts of valor described in subsection (b). 

15 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

16 referred to in subsection (a) are the actions of Woodrow 

17 W. Keeble of the United States Army as an acting platoon 

18 leader on October 20, 1950, during the Korean War. 

19 SEC. 554. AUTHORIZATION AND REQUEST FOR AWARD OF 

20 MEDAL OF HONOR TO PRIVATE PHILIP G. 

21 SHADRACH FOR ACTS OF VALOR DURING 

22 THE CIVIL WAR. 

23 (a) AUTHORIZATION.—Notwithstanding the time lim24 itations specified in section 3744 of title 10, United States 

25 Code, or any other time limitation with respect to the 


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1 awarding of certain medals to persons who served in the 

2 Armed Forces, the President is authorized and requested 

3 to award the Medal of Honor under section 3741 of title 

4 10, United States Code, posthumously to Private Philip 

5 G. Shadrach of Company K, 2nd Ohio Volunteer Infantry 

6 Regiment for the acts of valor described in subsection (b). 

7 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

8 referred to in subsection (a) are the actions of Philip G. 

9 Shadrach as one of Andrews Raiders during the Civil War 

10 on April 12, 1862. 

11 SEC. 555. AUTHORIZATION AND REQUEST FOR AWARD OF 

12 MEDAL OF HONOR TO PRIVATE GEORGE D. 

13 WILSON FOR ACTS OF VALOR AS ONE OF AN14 DREWS RAIDERS DURING THE CIVIL WAR. 

15 (a) AUTHORIZATION.—The President is authorized 

16 and requested to award the Medal of Honor under section 

17 3741 of title 10, United States Code, posthumously to Pri18 vate George D. Wilson of Company B, 2nd Ohio Volunteer 

19 Infantry Regiment for the acts of valor described in sub20 section (b). 

21 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

22 referred to in subsection (a) are the actions of George D. 

23 Wilson as one of Andrews Raiders during the Civil War 

24 on April 12, 1862. 


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1 SEC. 556. COLD WAR VICTORY MEDAL. 

2 (a) AUTHORITY.—Chapter 57 of title 10, United 

3 States Code, is amended by adding at the end the fol4 lowing new section: 

5 ‘‘§ 1135. Cold War Victory Medal 

6 ‘‘(a) MEDAL AUTHORIZED.—The Secretary con7 cerned shall issue a service medal, to be known as the 

8 ‘Cold War Victory Medal’, to persons eligible to receive 

9 the medal under subsection (b). The Cold War Victory 

10 Medal shall be of an appropriate design approved by the 

11 Secretary of Defense, with ribbons, lapel pins, and other 

12 appurtenances. 

13 ‘‘(b) ELIGIBLE PERSONS.—The following persons are 

14 eligible to receive the Cold War Victory Medal: 

15 ‘‘(1) A person who— 

16 ‘‘(A) performed active duty or inactive 

17 duty training as an enlisted member during the 

18 Cold War; 

19 ‘‘(B) completed the person’s initial term of 

20 enlistment or, if discharged before completion of 

21 such initial term of enlistment, was honorably 

22 discharged after completion of not less than 

23 180 days of service on active duty; and 

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1 lease from active duty with a characterization 

2 of service less favorable than honorable. 

3 ‘‘(2) A person who— 

4 ‘‘(A) performed active duty or inactive 

5 duty training as a commissioned officer or war6 rant officer during the Cold War; 

7 ‘‘(B) completed the person’s initial service 

8 obligation as an officer or, if discharged or sep9 arated before completion of such initial service 

10 obligation, was honorably discharged after com11 pletion of not less than 180 days of service on 

12 active duty; and 

13 ‘‘(C) has not been released from active 

14 duty with a characterization of service less fa15 vorable than honorable and has not received a 

16 discharge or separation less favorable than an 

17 honorable discharge. 

18 ‘‘(c) ONE AWARD AUTHORIZED.—Not more than one 

19 Cold War Victory Medal may be issued to any person. 

20 ‘‘(d) ISSUANCE TO REPRESENTATIVE OF DE21 CEASED.—If a person described in subsection (b) dies be22 fore being issued the Cold War Victory Medal, the medal 

23 shall be issued to the person’s representative, as des24 ignated by the Secretary concerned. 


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1 ‘‘(e) REPLACEMENT.—Under regulations prescribed 

2 by the Secretary concerned, a Cold War Victory Medal 

3 that is lost, destroyed, or rendered unfit for use without 

4 fault or neglect on the part of the person to whom it was 

5 issued may be replaced without charge. 

6 ‘‘(f) APPLICATION FOR MEDAL.—The Cold War Vic7 tory Medal shall be issued upon receipt by the Secretary 

8 concerned of an application for such medal, submitted in 

9 accordance with such regulations as the Secretary pre10 scribes. 

11 ‘‘(g) UNIFORM REGULATIONS.—The Secretary of De12 fense shall ensure that regulations prescribed by the Sec13 retaries of the military departments under this section are 

14 uniform so far as is practicable. 

15 ‘‘(h) DEFINITION.—In this section, the term ‘Cold 

16 War’ means the period beginning on September 2, 1945, 

17 and ending at the end of December 26, 1991.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of such chapter is amended by adding 

20 at the end the following new item: 

‘‘1135. Cold War Victory Medal.’’. 

21 SEC. 557. ESTABLISHMENT OF COMBAT MEDEVAC BADGE. 

22 (a) ARMY.— 

23 (1) IN GENERAL.—Chapter 357 of title 10, 

24 United States Code, is amended by adding at the 

25 end the following new section: 


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1 ‘‘§ 3757. Combat Medevac Badge 

2 ‘‘(a) The Secretary of the Army shall issue a badge 

3 of appropriate design, to be known as the Combat 

4 Medevac Badge, to each person who while a member of 

5 the Army served in combat on or after June 25, 1950, 

6 as a pilot or crew member of a helicopter medical evacu7 ation ambulance and who meets the requirements for the 

8 award of that badge. 

9 ‘‘(b) The Secretary of the Army shall prescribe re10 quirements for eligibility for the Combat Medevac 

11 Badge.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of such chapter is amended 

14 by adding at the end the following new item: 

‘‘3757. Combat Medevac Badge’’. 

15 (b) NAVY AND MARINE CORPS.— 

16 (1) IN GENERAL.—Chapter 567 of title 10, 

17 United States Code, is amended by adding at the 

18 end the following new section: 

19 ‘‘§ 6259. Combat Medevac Badge 

20 ‘‘(a) The Secretary of the Navy shall issue a badge 

21 of appropriate design, to be known as the Combat 

22 Medevac Badge, to each person who while a member of 

23 the Navy or Marine Corps served in combat on or after 

24 June 25, 1950, as a pilot or crew member of a helicopter 


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1 medical evacuation ambulance and who meets the require2 ments for the award of that badge. 

3 ‘‘(b) The Secretary of the Navy shall prescribe re4 quirements for eligibility for the Combat Medevac 

5 Badge.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of such chapter is amended 

8 by adding at the end the following new item: 

‘‘6259. Combat Medevac Badge’’. 

9 (c) AIR FORCE.— 

10 (1) IN GENERAL.—Chapter 857 of title 10, 

11 United States Code, is amended by adding at the 

12 end the following new section: 

13 ‘‘§ 8757. Combat Medevac Badge 

14 ‘‘(a) The Secretary of the Air Force shall issue a 

15 badge of appropriate design, to be known as the Combat 

16 Medevac Badge, to each person who while a member of 

17 the Air Force served in combat on or after June 25, 1950, 

18 as a pilot or crew member of a helicopter medical evacu19 ation ambulance and who meets the requirements for the 

20 award of that badge. 

21 ‘‘(b) The Secretary of the Air Force shall prescribe 

22 requirements for eligibility for the Combat Medevac 

23 Badge.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended 

3 by adding at the end the following new item: 

‘‘8757. Combat Medevac Badge’’. 

4 (d) AWARD FOR SERVICE BEFORE DATE OF ENACT5 MENT.—In the case of persons who, while a member of 

6 the Armed Forces, served in combat as a pilot or crew 

7 member of a helicopter medical evacuation ambulance dur8 ing the period beginning on June 25, 1950, and ending 

9 on the date of enactment of this Act, the Secretary of the 

10 military department concerned shall issue the Combat 

11 Medevac Badge— 

12 (1) to each such person who is known to the 

13 Secretary before the date of enactment of this Act; 

14 and 

15 (2) to each such person with respect to whom 

16 an application for the issuance of the badge is made 

17 to the Secretary after such date in such manner, 

18 and within such time period, as the Secretary may 

19 require. 


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1 Subtitle G—Impact Aid and De2 fense Dependents Education 

3 System 

4 SEC. 561. TUITION ASSISTANCE FOR MILITARY DEPEND5 ENTS IN OVERSEAS AREAS WHERE SCHOOLS 

6 OPERATED BY DEFENSE DEPENDENTS’ EDU7 CATION SYSTEM ARE NOT REASONABLY 

8 AVAILABLE. 

9 Section 1407(b)(1) of the Defense Dependents’ Edu10 cation Act of 1978 (20 U.S.C. 926(b)(1)) is amended in 

11 the first sentence by inserting ‘‘, including private board12 ing schools in the United States,’’ after ‘‘attend schools’’. 

13 SEC. 562. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

14 EDUCATIONAL AGENCIES THAT BENEFIT DE15 PENDENTS OF MEMBERS OF THE ARMED 

16 FORCES AND DEPARTMENT OF DEFENSE CI17 VILIAN EMPLOYEES. 

18 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

19 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

20 amount authorized to be appropriated pursuant to section 

21 301(5) for operation and maintenance for Defense-wide 

22 activities, $50,000,000 shall be available only for the pur23 pose of providing assistance to local educational agencies 

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1 fense Authorization Act for Fiscal Year 2006 (Public Law 

2 109–163; 119 Stat. 3271; 20 U.S.C. 7703b). 

3 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

4 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

5 CHANGES, OR FORCE RELOCATIONS.—Of the amount au6 thorized to be appropriated pursuant to section 301(5) for 

7 operation and maintenance for Defense-wide activities, 

8 $15,000,000 shall be available only for the purpose of pro9 viding assistance to local educational agencies under sub10 section (b) of such section 572. 

11 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In 

12 this section, the term ‘‘local educational agency’’ has the 

13 meaning given that term in section 8013(9) of the Ele14 mentary and Secondary Education Act of 1965 (20 U.S.C. 

15 7713(9)). 

16 Subtitle H—Other Matters 

17 SEC. 571. EXTENSION OF AUTHORITY TO ACCEPT GIFTS, 

18 DEVISES, OR BEQUESTS TO BENEFIT MEM19 BERS OF THE ARMED FORCES, DEPENDENTS, 

20 AND CIVILIAN EMPLOYEES OF THE DEPART21 MENT OF DEFENSE. 

22 Section 2601(b)(4) of title 10, United States Code, 

23 is amended by striking ‘‘December 31, 2007’’ and insert24 ing ‘‘December 31, 2010’’. 


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1 SEC. 572. UNIFORM PERFORMANCE POLICIES FOR MILI2 TARY BANDS AND OTHER MUSICAL UNITS. 

3 (a) IN GENERAL.— 

4 (1) CONSOLIDATION OF SEPARATE AUTHORI5 TIES.—Chapter 49 of title 10, United States Code, 

6 is amended by inserting after section 973 the fol7 lowing new section: 

8 ‘‘§ 974. Uniform performance policies for military 

9 bands and other musical units 

10 ‘‘(a) RESTRICTIONS ON COMPETITION AND REMU11 NERATION.—Bands, ensembles, choruses, or similar musi12 cal units of the armed forces, including individual mem13 bers of such a unit performing in an official capacity, may 

14 not— 

15 ‘‘(1) perform music in competition with local ci16 vilian musicians; or 

17 ‘‘(2) receive remuneration for official perform18 ances. 

19 ‘‘(b) MEMBERS.—A member of a band, ensemble, 

20 chorus, or similar musical unit of the armed forces may 

21 perform music in the member’s personal capacity, as an 

22 individual or part of a group, for remuneration or other23 wise, if the member does not wear a military uniform for 

24 the performance, does not identify himself or herself as 

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1 formance, and complies with all applicable regulations and 

2 standards of conduct. 

3 ‘‘(c) RECORDINGS.—Bands, ensembles, choruses, or 

4 similar musical units of the armed forces, when authorized 

5 pursuant to Department of Defense regulations, may 

6 produce recordings for distribution to the public at a cost 

7 not to exceed production and distribution expenses. The 

8 proceeds from such recordings shall be credited to the ap9 propriation used to cover production and distribution ex10 penses. 

11 ‘‘(d) COMPETITION DEFINED.—(1) In this section, 

12 the term ‘perform music in competition with local civilian 

13 musicians’ includes performances— 

14 ‘‘(A) that are more than incidental to events 

15 that are not supported solely by appropriated funds 

16 and are not free to the public; and 

17 ‘‘(B) of background, dinner, dance, or other so18 cial music at events, regardless of location, that are 

19 not supported solely by appropriated funds. 

20 ‘‘(2) The term does not include performances— 

21 ‘‘(A) at official Federal Government events that 

22 are supported solely by appropriated funds; 

23 ‘‘(B) at concerts, parades, and other events that 

24 are patriotic events or celebrations of national holi25 days and are free to the public; or 


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1 ‘‘(C) that are incidental, such as short perform2 ances of military or patriotic music to open or close 

3 events, to events that are not supported solely by ap4 propriated funds, in compliance with applicable rules 

5 and regulations.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of such chapter is amended 

8 by inserting after the item relating to section 973 

9 the following new item: 

‘‘974. Uniform performance policies for military bands and other musical 

units.’’. 

10 (b) REPEAL OF SEPARATE SERVICE AUTHORITIES.— 

11 (1) REPEAL.—Sections 3634, 6223, and 8634 

12 of such title are repealed. 

13 (2) TABLE OF SECTIONS.—(A) The table of 

14 sections at the beginning of chapter 349 of such title 

15 is amended by striking the item relating to section 

16 3634. 

17 (B) The table of sections at the beginning of 

18 chapter 565 of such title is amended by striking the 

19 item relating to section 6223. 

20 (C) The table of sections at the beginning of 

21 chapter 849 of such title is amended by striking the 

22 item relating to section 8634. 


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1 SEC. 573. REPEAL OF LIMITATION ON NUMBER OF ACAD2 EMIES OF DEPARTMENT OF DEFENSE 

3 STARBASE PROGRAM IN A SINGLE STATE. 

4 Section 2193b(c) of title 10, United States Code, is 

5 amended by striking paragraph (3). 

6 SEC. 574. COMBAT VETERANS MENTORING PROGRAM FOR 

7 CURRENT MEMBERS OF THE ARMED FORCES. 

8 (a) PROGRAM REQUIRED.—The Secretary of De9 fense, in coordination with the Secretaries of the military 

10 departments, shall institute a program to give veterans of 

11 the Armed Forces who have served in combat the oppor12 tunity to meet on a regular basis with, to inform, to ex13 change ideas with, and to mentor current members of the 

14 Armed Forces. 

15 (b) ELEMENTS OF PROGRAM.—The program may 

16 build on existing programs within the military depart17 ments, where they exist, and shall focus on providing 

18 members of the Armed Forces, particularly military per19 sonnel and leaders at the small unit level, varied perspec20 tives on both the human and military aspects of war from 

21 those who have experienced it. In carrying out the pro22 gram, the Secretary shall seek to provide opportunities for 

23 the combat veterans not only to meet with current mem24 bers of the Armed Forces before and after their deploy25 ment to combat zones, but also during deployments. 


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1 SEC. 575. RECOGNITION OF MEMBERS OF THE MONU2 MENTS, FINE ARTS, AND ARCHIVES PROGRAM 

3 OF THE CIVIL AFFAIRS AND MILITARY GOV4 ERNMENT SECTIONS OF THE ARMED FORCES 

5 DURING AND FOLLOWING WORLD WAR II. 

6 Congress hereby— 

7 (1) recognizes the men and women who served 

8 in the Monuments, Fine Arts, and Archives program 

9 (MFAA) under the Civil Affairs and Military Gov10 ernment Sections of the United States Armed 

11 Forces for their heroic role in the preservation, pro12 tection, and restitution of monuments, works of art, 

13 and other artifacts of inestimable cultural impor14 tance in Europe and Asia during and following 

15 World War II; 

16 (2) recognizes that without their dedication and 

17 service, many more of the world’s artistic and his18 toric treasures would have been destroyed or lost 

19 forever amidst the chaos and destruction of World 

20 War II; 

21 (3) acknowledges that the detailed catalogues, 

22 documentation, inventories, and photographs devel23 oped and compiled by MFAA personnel during and 

24 following World War II, have made, and continue to 

25 make, possible the restitution of stolen works of art 

26 to their rightful owners; and 


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1 (4) commends and extols the members of the 

2 MFAA for establishing a precedent for action to pro3 tect cultural property in the event of armed conflict, 

4 and by their action setting a standard not just for 

5 one country, but for people of all nations to acknowl6 edge and uphold. 

7 SEC. 576. PROGRAM TO COMMEMORATE 50TH ANNIVER8 SARY OF THE VIETNAM WAR. 

9 (a) COMMEMORATIVE PROGRAM.—The Secretary of 

10 Defense shall conduct a program to commemorate the 

11 50th anniversary of the Vietnam War. In conducting the 

12 commemorative program, the Secretary shall coordinate, 

13 support, and facilitate other programs and activities of the 

14 Federal Government, State and local governments, and 

15 other persons and organizations in commemoration of the 

16 Vietnam War. 

17 (b) COMMENCEMENT AND DURATION OF PRO18 GRAM.—The commemorative program shall commence not 

19 later than 180 days after the date of the enactment of 

20 this Act and continue through December 31, 2025. The 

21 Secretary of Defense shall determine the schedule of major 

22 events and priority of efforts during that period in order 

23 to ensure achievement of the objectives specified in sub24 section (c). 


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1 (c) COMMEMORATIVE ACTIVITIES AND OBJEC2 TIVES.—The commemorative program may include activi3 ties and ceremonies to achieve the following objectives: 

4 (1) To thank and honor veterans of the Viet5 nam War, including personnel who were held as pris6 oners of war or listed as missing in action, for their 

7 service and sacrifice on behalf of the United States 

8 and to thank and honor the families of these vet9 erans. 

10 (2) To highlight the service of the Armed 

11 Forces during the Vietnam War and the contribu12 tions of Federal agencies and governmental and non13 governmental organizations that served with, or in 

14 support of, the Armed Forces. 

15 (3) To pay tribute to the contributions made on 

16 the home front by the people of the United States 

17 during the Vietnam War. 

18 (4) To highlight the advances in technology, 

19 science, and medicine related to military research 

20 conducted during the Vietnam War. 

21 (5) To recognize the contributions and sac22 rifices made by the allies of the United States dur23 ing the Vietnam War. 

24 (d) NAMES AND SYMBOLS.—The Secretary of De25 fense shall have the sole and exclusive right to use the 


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1 name ‘‘The United States of America Vietnam War Com2 memoration’’, and such seal, emblems, and badges incor3 porating such name as the Secretary may lawfully adopt. 

4 Nothing in this section may be construed to supersede 

5 rights that are established or vested before the date of the 

6 enactment of this Act. 

7 (e) COMMEMORATIVE FUND.— 

8 (1) ESTABLISHMENT AND ADMINISTRATION.— 

9 There is established in the Treasury of the United 

10 States an account to be known as the ‘‘Department 

11 of Defense Vietnam War Commemoration Fund’’ (in 

12 this section referred to as the ‘‘Fund’’). The Fund 

13 shall be administered by the Secretary of Defense. 

14 (2) USE OF FUND.—The Secretary shall use 

15 the assets of the Fund only for the purpose of con16 ducting the commemorative program and shall pre17 scribe such regulations regarding the use of the 

18 Fund as the Secretary considers to be necessary. 

19 (3) DEPOSITS.—There shall be deposited into 

20 the Fund— 

21 (A) amounts appropriated to the Fund; 

22 (B) proceeds derived from the Secretary’s 

23 use of the exclusive rights described in sub24 section (d); 


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1 (C) donations made in support of the com2 memorative program by private and corporate 

3 donors; and 

4 (D) funds transferred to the Fund by the 

5 Secretary from funds appropriated for fiscal 

6 year 2008 and subsequent years for the Depart7 ment of Defense. 

8 (4) AVAILABILITY.—Subject to subsection 

9 (g)(2), amounts deposited under paragraph (3) shall 

10 constitute the assets of the Fund and remain avail11 able until expended. 

12 (5) BUDGET REQUEST.—Beginning with the 

13 budget justification materials submitted by the Sec14 retary in support of the budget of the President for 

15 fiscal year 2009, the Secretary shall establish a sep16 arate budget line for the commemorative program. 

17 In the budget justification materials, the Secretary 

18 shall— 

19 (A) identify and explain the amounts ex20 pended for the commemorative program in the 

21 year preceding the budget request; 

22 (B) identify and explain the amounts being 

23 requested to support the commemorative pro24 gram for the fiscal year of the budget request 

25 and two subsequent years; and 


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1 (C) present a summary of the fiscal status 

2 of the Fund. 

3 (f) ACCEPTANCE OF VOLUNTARY SERVICES.— 

4 (1) AUTHORITY TO ACCEPT SERVICES.—Not5 withstanding section 1342 of title 31, United States 

6 Code, the Secretary of Defense may accept from any 

7 person voluntary services to be provided in further8 ance of the commemorative program. 

9 (2) TREATMENT OF VOLUNTEERS.—A person 

10 providing voluntary services under this subsection 

11 shall be considered to be a Federal employee for 

12 purposes of chapter 81 of title 5, United States 

13 Code, relating to compensation for work-related inju14 ries. The person shall also be considered a special 

15 governmental employee for purposes of standards of 

16 conduct and sections 202, 203, 205, 207, 208, and 

17 209 of title 18, United States Code. A person who 

18 is not otherwise employed by the Federal Govern19 ment shall not be considered to be a Federal em20 ployee for any other purpose by reason of the provi21 sion of voluntary services under this subsection. 

22 (3) REIMBURSEMENT OF INCIDENTAL EX23 PENSES.—The Secretary may provide for reimburse24 ment of incidental expenses incurred by a person 

25 providing voluntary services under this subsection. 


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1 The Secretary shall determine which expenses are el2 igible for reimbursement under this paragraph. 

3 (g) FINAL REPORT.— 

4 (1) REPORT REQUIRED.—Not later than 60 

5 days after the end of the commemorative period 

6 specified in subsection (b), the Secretary of Defense 

7 shall submit to Congress a report containing an ac8 counting of— 

9 (A) all of the funds deposited into and ex10 pended from the Fund; 

11 (B) any other funds expended under this 

12 section; and 

13 (C) any unobligated funds remaining in 

14 the Fund. 

15 (2) TREATMENT OF UNOBLIGATED FUNDS.— 

16 Unobligated amounts remaining in the Fund as of 

17 the end of the commemorative period specified in 

18 subsection (b) shall be held in the Fund until trans19 ferred by law. 

20 (h) LIMITATION ON EXPENDITURES.—Total expendi21 tures from the Fund, using amounts appropriated to the 

22 Department of Defense, may not exceed $5,000,000 for 

23 fiscal year 2008 or for any subsequent fiscal year to carry 

24 out the commemorative program. 


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1 (i) FUNDING.—Of the amount authorized to be ap2 propriated pursuant to section 301(5) for Defense-wide 

3 activities, $3,000,000 shall be available for deposit in the 

4 Fund for fiscal year 2008. 

5 SEC. 577. PROTECTION OF CHILD CUSTODY ARRANGE6 MENTS FOR PARENTS WHO ARE MEMBERS OF 

7 THE ARMED FORCES DEPLOYED IN SUPPORT 

8 OF A CONTINGENCY OPERATION. 

9 (a) CHILD CUSTODY PROTECTION.—Title II of the 

10 Servicemembers Civil Relief Act (50 U.S.C. App. 521 et 

11 seq.) is amended by adding at the end the following new 

12 section: 

13 ‘‘SEC. 208. CHILD CUSTODY PROTECTION. 

14 ‘‘(a) RESTRICTION ON CHANGE OF CUSTODY.—If a 

15 motion for change of custody of a child of a servicemember 

16 is filed while the servicemember is deployed in support of 

17 a contingency operation, no court may enter an order 

18 modifying or amending any previous judgment or order, 

19 or issue a new order, that changes the custody arrange20 ment for that child that existed as of the date of the de21 ployment of the servicemember, except that a court may 

22 enter a temporary custody order if there is clear and con23 vincing evidence that it is in the best interest of the child. 

24 ‘‘(b) COMPLETION OF DEPLOYMENT.—In any pre25 ceding covered under subsection (a), a court shall require 


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1 that, upon the return of the servicemember from deploy2 ment in support of a contingency operation, the custody 

3 order that was in effect immediately preceding the date 

4 of the deployment of the servicemember is reinstated. 

5 ‘‘(c) EXCLUSION OF MILITARY SERVICE FROM DE6 TERMINATION OF CHILD’S BEST INTEREST.—If a motion 

7 for the change of custody of the child of a servicemember 

8 who was deployed in support of a contingency operation 

9 is filed after the end of the deployment, no court may con10 sider the absence of the servicemember by reason of that 

11 deployment in determining the best interest of the child. 

12 ‘‘(d) CONTINGENCY OPERATION DEFINED.—In this 

13 section, the term ‘contingency operation’ has the meaning 

14 given that term in section 101(a)(13) of title 10, United 

15 States Code, except that the term may include such other 

16 deployments as the Secretary may prescribe.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 in section 1(b) of such Act is amended by adding at the 

19 end of the items relating to title II the following new item: 

‘‘208. Child custody protection.’’. 

20 SEC. 578. LIMITATION ON SIMULTANEOUS DEPLOYMENT TO 

21 COMBAT ZONES OF DUAL-MILITARY COUPLES 

22 WHO HAVE MINOR DEPENDENTS. 

23 In the case of a member of the Armed Forces with 

24 minor dependents who has a spouse who is also a member 

25 of the Armed Forces, and the spouse is deployed in an 


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1 area for which imminent danger pay is authorized under 

2 section 310 of title 37, United States Code, the member 

3 may request a deferment of a deployment to such an area 

4 until the spouse returns from such deployment. 

5 SEC. 579. PROHIBITION AGAINST MEMBERS OF THE ARMED 

6 FORCES PARTICIPATING IN CRIMINAL 

7 STREET GANGS. 

8 The Secretary of Defense shall revise section 3.5.8 

9 of Department of Defense Directive 1325.6 to include 

10 membership in a criminal street gang among the list of 

11 prohibited activities by members of the Armed Forces. 

12 SEC. 580. STUDY OF FEASIBILITY OF ESTABLISHING A 

13 PILOT PROGRAM ON FAMILY-TO-FAMILY SUP14 PORT FOR FAMILIES OF MEMBERS OF THE 

15 NATIONAL GUARD AND RESERVES UNDER16 GOING DEPLOYMENT. 

17 (a) STUDY.—The Secretary of Defense shall carry 

18 out a study to evaluate the feasibility and advisability of 

19 establishing a pilot program on family-to-family support 

20 for families of members of the National Guard and Re21 serves undergoing deployment, including assessments of— 

22 (1) the effectiveness of family-to-family support 

23 programs in— 

24 (A) the early identification and prevention 

25 of family problems for families of members of 


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1 the National Guard and Reserve who are de2 ployed; 

3 (B) the provision of peer support for such 

4 families; 

5 (C) reducing adverse outcomes for children 

6 of such families, including poor academic per7 formance, behavioral problems, and the adverse 

8 consequence of stress and anxiety; and 

9 (D) improving family readiness and post10 deployment transition for such families; 

11 (2) the feasability and advisability of utilizing 

12 spouses of members of the Armed Forces to act as 

13 counselors for spouses and families of members of 

14 the National Guard and Reserve who are deployed in 

15 order to assist such spouses and families in coping 

16 with the deployment of such members throughout 

17 their deployment cycle; and 

18 (3) the best practices for training spouses of 

19 members of the Armed Forces to act as counselors 

20 for spouses and families of members of the National 

21 Guard and Reserve who are deployed. 

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

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

24 shall submit to Congress a report containing the results 

25 of the study conducted under subsection (a). 


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1 SEC. 581. STUDY REGARDING IMPROVING SUPPORT SERV2 ICES FOR CHILDREN, INFANTS, AND TOD3 DLERS OF MEMBERS OF THE NATIONAL 

4 GUARD AND RESERVE UNDERGOING DEPLOY5 MENT. 

6 (a) STUDY REQUIRED.— 

7 (1) STUDY.—The Secretary of Defense shall 

8 conduct a study to evaluate the feasibility and advis9 ability of entering into a contract or other agree10 ment with a private sector entity having expertise in 

11 the health and well-being of families and children, 

12 infants, and toddlers in order to enhance and de13 velop support services for children of members of the 

14 National Guard and Reserve who are deployed. 

15 (2) TYPES OF SUPPORT SERVICES.—In con16 ducting the study, the Secretary shall consider the 

17 need— 

18 (A) to develop materials for parents and 

19 other caretakers of children of members of the 

20 National Guard and Reserve who are deployed 

21 to assist such parents and caretakers in re22 sponding to the adverse implications of such de23 ployment (and the death or injury of such mem24 bers during such deployment) for such children, 

25 including the role such parents and caretakers 


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1 can play in addressing and mitigating such im2 plications; 

3 (B) to develop programs and activities to 

4 increase awareness throughout the military and 

5 civilian communities of the adverse implications 

6 of such deployment (and the death or injury of 

7 such members during such deployment) for 

8 such children and their families and to increase 

9 collaboration within such communities to ad10 dress and mitigate such implications; 

11 (C) to develop training for early child care 

12 and education, mental health, health care, and 

13 family support professionals to enhance the 

14 awareness of such professionals of their role in 

15 assisting families in addressing and mitigating 

16 the adverse implications of such deployment 

17 (and the death or injury of such members dur18 ing such deployment) for such children; and 

19 (D) to conduct research on best practices 

20 for building psychological and emotional resil21 iency in such children in coping with the de22 ployment of such members. 

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

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


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1 shall submit to Congress a report containing the results 

2 of the study conducted under subsection (a). 

3 SEC. 582. PROHIBITION ON THE UNAUTHORIZED USE OF 

4 NAMES AND IMAGES OF MEMBERS OF THE 

5 ARMED FORCES. 

6 (a) PROHIBITION.—Chapter 49 of title 10, United 

7 States Code, is amended by adding at the end the fol8 lowing new section: 

9 ‘‘§ 988. Unauthorized use of names and images of 

10 members of the armed forces 

11 ‘‘(a) PROHIBITION.—Except with the permission of 

12 the individual or individuals designated under subsection 

13 (d), no person may knowingly use the name or image of 

14 a protected individual in connection with any merchandise, 

15 retail product, impersonation, solicitation, or commercial 

16 activity in a manner reasonably calculated to connect the 

17 protected individual with that individual’s service in the 

18 armed forces. 

19 ‘‘(b) AUTHORITY TO ENJOIN VIOLATIONS.—When20 ever it appears to the Attorney General that any person 

21 is engaged or is about to engage in an act or practice 

22 which constitutes or will constitute conduct prohibited by 

23 subsection (a), the Attorney General may initiate a civil 

24 proceeding in a district court of the United States to en25 join such act or practice. Such court shall proceed as soon 


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1 as practicable to the hearing and determination of such 

2 action and may, at any time before final determination, 

3 enter such restraining orders or prohibitions, or take such 

4 other actions as is warranted, to prevent injury to the 

5 United States or to any person or class of persons for 

6 whose protection the action is brought. 

7 ‘‘(c) PROTECTED INDIVIDUAL.—For purposes of this 

8 section, a protected individual is any person who— 

9 ‘‘(1) is a member of the armed forces; or 

10 ‘‘(2) was a member of the armed forces at any 

11 time after April 5, 1917, and, if not living, has a 

12 surviving spouse, child, parent, grandparent, or sib13 ling. 

14 ‘‘(d) DESIGNATED INDIVIDUAL OR INDIVIDUALS.— 

15 (1) The individual or individuals designated under this 

16 subsection, with respect to a protected individual— 

17 ‘‘(A) is the protected individual, if living; and 

18 ‘‘(B) otherwise is the living survivor or sur19 vivors of the protected individual highest on the fol20 lowing list: 

21 ‘‘(i) The surviving spouse. 

22 ‘‘(ii) The children. 

23 ‘‘(iii) The parents. 

24 ‘‘(iv) The grandparents. 

25 ‘‘(v) The siblings. 


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1 ‘‘(2) In the case of a protected individual for whom 

2 more than one individual is designated under clause (ii), 

3 (iii), (iv), or (v) of paragraph (1)(B), the prohibition under 

4 subsection (a) shall apply unless permission is obtained 

5 from each designated individual.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of such chapter is amended by adding 

8 at the end the following new item: 

‘‘988. Unauthorized use of names and images of members of the armed 

forces.’’. 

9 TITLE VI—COMPENSATION AND 

10 OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

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

Sec. 602. Basic allowance for housing for reserve component members without 

dependents who attend accession training while maintaining a 

primary residence. 

Sec. 603. Income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service. 

Sec. 604. Participation of members of the uniformed services in Thrift Savings 

Plan. 

Sec. 605. Enhancement of referral bonus to encourage service in the Army. 

Sec. 606. Guaranteed pay increase for members of the Armed Forces of onehalf of one percentage point higher than Employment Cost 

Index. 

Subtitle B—Bonuses and Special and Incentive Pays 

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

forces. 

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

professionals. 

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

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

special pays. 

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

medical officers. 

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

Sec. 617. Definition of sea duty for career sea pay to include multi-crew ships. 

Sec. 618. Reenlistment bonus for members of the Selected Reserve. 


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Sec. 619. Availability of Selected Reserve accession bonus for persons who previously served in the Armed Forces for a short period. 

Sec. 620. Availability of nuclear officer continuation pay for officers with more 

than 26 years of commissioned service. 

Sec. 621. Waiver of years-of-service limitation on receipt of critical skills retention bonus. 

Sec. 622. Accession bonus for participants in the Armed Forces Health Professional Scholarship and Financial Assistance Program. 

Sec. 623. Payment of assignment incentive pay for Reserve members serving in 

combat zone for more than 22 months. 

Sec. 624. Increase in maximum monthly rate of hardship duty pay. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Allowance for participation in Reserve screening conducted through 

electronic means. 

Sec. 632. Allowance for civilian clothing for members of the Armed Forces traveling in connection with medical evacuation. 

Sec. 633. Moving expenses for JROTC instructors who agree to serve in hardto-fill positions. 

Sec. 634. Transportation of additional motor vehicle of members on change of 

permanent station to or from nonforeign areas outside the continental United States. 

Sec. 635. Payment of inactive duty training travel costs for certain Selected Reserve members. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Disregarding periods of confinement of member in determining benefits for dependents who are victims of abuse by the member. 

Sec. 642. Continuation of authority for members of the Armed Forces to designate a recipient for a portion of the death gratuity. 

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

for dependency and indemnity compensation. 

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

Survivor Benefit Plan annuity offset for dependency and indemnity compensation. 

Sec. 645. Expansion of combat-related special compensation eligibility for chapter 61 military retirees with fewer than 20 years of creditable 

service. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

Sec. 651. Access to Defense Commissary and Exchange System by surviving 

spouse and dependents of certain disabled veterans. 

Sec. 652. Authority to continue commissary and exchange benefits for certain 

involuntarily separated members of the Armed Forces. 

Sec. 653. Authorization of installment deductions from pay of employees of executive branch instrumentalities to collect indebtedness to the 

United States. 

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

Authorities 

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

the uniformed services. 

Sec. 662. Transitional provisions. 


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Subtitle G—Other Matters 

Sec. 671. Expansion of education loan repayment program for members of the 

Selected Reserve. 

Sec. 672. Ensuring entry into United States after time abroad for permanent 

resident alien military spouses and children. 

Sec. 673. Overseas naturalization for military spouses and children. 

Sec. 674. Postal benefits program for members of the Armed Forces serving in 

Iraq or Afghanistan. 

Sec. 675. Leave for military families. 

1 Subtitle A—Pay and Allowances 

2 SEC. 601. FISCAL YEAR 2008 INCREASE IN MILITARY BASIC 

3 PAY. 

4 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The 

5 adjustment to become effective during fiscal year 2008 re6 quired by section 1009 of title 37, United States Code, 

7 in the rates of monthly basic pay authorized members of 

8 the uniformed services shall not be made. 

9 (b) INCREASE IN BASIC PAY.—Effective on January 

10 1, 2008, the rates of monthly basic pay for members of 

11 the uniformed services are increased by 3.5 percent. 

12 (c) SOURCE OF FUNDS FOR PORTION OF FISCAL

13 YEAR 2008 OBLIGATIONS.—During fiscal year 2008, the 

14 funds necessary to satisfy the obligations incurred by the 

15 Department of Defense to provide the increase under sub16 section (b) in the rates of monthly basic pay for members 

17 of the Army, Navy, Air Force, and Marine Corps in excess 

18 of 3 percent shall be derived from amounts appropriated 

19 pursuant to the authorization of appropriations in section 

20 1514 for military personnel accounts of the Department. 


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1 SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR RESERVE 

2 COMPONENT MEMBERS WITHOUT DEPEND3 ENTS WHO ATTEND ACCESSION TRAINING 

4 WHILE MAINTAINING A PRIMARY RESIDENCE. 

5 (a) AVAILABILITY OF ALLOWANCE.—Section 

6 403(g)(1) of title 37, United States Code, is amended— 

7 (1) by inserting ‘‘to attend accession training,’’ 

8 after ‘‘active duty’’ the first place it appears; and 

9 (2) by inserting a comma after ‘‘contingency 

10 operation’’ the first place it appears. 

11 (b) SOURCE OF FUNDS FOR PORTION OF FISCAL

12 YEAR 2008 OBLIGATIONS.—During fiscal year 2008, the 

13 funds necessary to satisfy the obligations incurred by the 

14 Department of Defense as a result of the amendment 

15 made by subsection (a)(1) to provide a basic allowance for 

16 housing for reserve component members without depend17 ents who attend accession training while maintaining a 

18 primary residence shall be derived from amounts appro19 priated pursuant to the authorization of appropriations in 

20 section 1514 for military personnel accounts of the De21 partment. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 subsection (a) shall apply with respect to months begin24 ning on or after October 1, 2007. 


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1 SEC. 603. INCOME REPLACEMENT PAYMENTS FOR RE2 SERVE COMPONENT MEMBERS EXPERI3 ENCING EXTENDED AND FREQUENT MOBILI4 ZATION FOR ACTIVE DUTY SERVICE. 

5 (a) CLARIFICATION REGARDING WHEN PAYMENTS

6 REQUIRED.—Subsection (a) of section 910 of title 37, 

7 United States Code, is amended by inserting before the 

8 period at the end of the first sentence the following: ‘‘, 

9 when the total monthly military compensation of the mem10 ber is less than the average monthly civilian income of the 

11 member’’. 

12 (b) ELIGIBILITY.—Subsection (b) of such section is 

13 amended to read as follows: 

14 ‘‘(b) ELIGIBILITY.—(1) A member of a reserve com15 ponent is entitled to a payment under this section for any 

16 full month of active duty of the member, when the total 

17 monthly military compensation of the member is less than 

18 the average monthly civilian income of the member, while 

19 the member is on active duty under an involuntary mobili20 zation order, following the date on which the member— 

21 ‘‘(A) completes 540 continuous days of service 

22 on active duty under an involuntary mobilization 

23 order; 

24 ‘‘(B) completes 720 cumulative days on active 

25 duty under an involuntary mobilization order during 

26 the previous 1,800 days; or 


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1 ‘‘(C) is involuntarily mobilized for service on ac2 tive duty for a period of 180 days or more within 

3 180 days after the date of the member’s separation 

4 from a previous period of active duty for a period of 

5 180 days or more. 

6 ‘‘(2) The entitlement of a member of a reserve com7 ponent to a payment under this section also shall com8 mence or, if previously commenced under paragraph (1), 

9 shall continue if the member— 

10 ‘‘(A) satisfies the required number of days on 

11 active duty specified in subparagraph (A) or (B) of 

12 paragraph (1) or was involuntarily mobilized as pro13 vided in subparagraph (C) of such paragraph; and 

14 ‘‘(B) is retained on active duty under subpara15 graph (A) or (B) of section 12301(h)(1) of title 10 

16 because of an injury or illness incurred or aggra17 vated while the member was assigned to duty in an 

18 area for which special pay under section 310 of this 

19 title is available.’’. 

20 (c) TERMINATION OF AUTHORITY.—Subsection (g) of 

21 such section is amended to read as follows: 

22 ‘‘(g) TERMINATION.—No payment shall be made to 

23 a member under this section for months beginning after 

24 December 31, 2008, unless the entitlement of the member 


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1 to payments under this section commenced on or before 

2 that date.’’. 

3 SEC. 604. PARTICIPATION OF MEMBERS OF THE UNI4 FORMED SERVICES IN THRIFT SAVINGS 

5 PLAN. 

6 (a) SEMI-MONTHLY DEPOSIT OF MEMBER’S CON7 TRIBUTIONS.—Section 1014 of title 37, United States 

8 Code, is amended by adding at the end the following new 

9 subsection: 

10 ‘‘(c) Notwithstanding subsection (a), in the case of 

11 a member of the uniformed services who has elected to 

12 participate in the Thrift Savings Plan under section 211 

13 of this title, one-half of the monthly contribution of the 

14 member to the Plan shall be made in midmonth.’’. 

15 (b) SEMI-MONTHLY REPAYMENT OF BORROWED

16 AMOUNTS.—Section 211 of such title is amended by add17 ing at the end the following new subsection: 

18 ‘‘(e) REPAYMENT OF AMOUNTS BORROWED FROM

19 MEMBER ACCOUNT.—If a loan is issued to a member 

20 under section 8433(g) of title 5 from funds in the mem21 ber’s account in the Thrift Savings Plan, repayment of 

22 the loan shall be required on the same semi-monthly basis 

23 as authorized for contributions to the Fund under section 

24 1014(c) of this title.’’. 


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1 SEC. 605. ENHANCEMENT OF REFERRAL BONUS TO EN2 COURAGE SERVICE IN THE ARMY. 

3 (a) INDIVIDUALS ELIGIBLE FOR BONUS.—Section 

4 645 of the National Defense Authorization Act for Fiscal 

5 Year 2006 (Public Law 109–163; 119 Stat. 3310) is 

6 amended— 

7 (1) in subsection (a)(1), by striking ‘‘enlists’’ 

8 and inserting ‘‘enlists, or is appointed as an officer 

9 to serve in a health profession designated by the 

10 Secretary,’’; and 

11 (2) in subsection (b), by inserting ‘‘or appoint12 ment’’ after ‘‘enlisting’’ both places it appears. 

13 (b) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply with respect to bonuses payable 

15 under section 645 of the National Defense Authorization 

16 Act for Fiscal Year 2006 on or after the date of the enact17 ment of this Act. 

18 SEC. 606. GUARANTEED PAY INCREASE FOR MEMBERS OF 

19 THE ARMED FORCES OF ONE-HALF OF ONE 

20 PERCENTAGE POINT HIGHER THAN EMPLOY21 MENT COST INDEX. 

22 Section 1009(c)(2) of title 37, United States Code, 

23 is amended ‘‘fiscal years 2004, 2005, and 2006’’ and in24 serting ‘‘fiscal years 2009 through 2012’’. 


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1 Subtitle B—Bonuses and Special 

2 and Incentive Pays 

3 SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL 

4 PAY AUTHORITIES FOR RESERVE FORCES. 

5 (a) SELECTED RESERVE REENLISTMENT BONUS.— 

6 Section 308b(g) of title 37, United States Code, is amend7 ed by striking ‘‘December 31, 2007’’ and inserting ‘‘De8 cember 31, 2009’’. 

9 (b) SELECTED RESERVE AFFILIATION OR ENLIST10 MENT BONUS.—Section 308c(i) of such title is amended 

11 by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem12 ber 31, 2009’’. 

13 (c) SPECIAL PAY FOR ENLISTED MEMBERS AS14 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 

15 308d(c) of such title is amended by striking ‘‘December 

16 31, 2007’’ and inserting ‘‘December 31, 2009’’. 

17 (d) READY RESERVE ENLISTMENT BONUS FOR PER18 SONS WITHOUT PRIOR SERVICE.—Section 308g(f)(2) of 

19 such title is amended by striking ‘‘December 31, 2007’’ 

20 and inserting ‘‘December 31, 2009’’. 

21 (e) READY RESERVE ENLISTMENT AND REENLIST22 MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—Sec23 tion 308h(e) of such title is amended by striking ‘‘Decem24 ber 31, 2007’’ and inserting ‘‘December 31, 2009’’. 


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1 (f) SELECTED RESERVE ENLISTMENT BONUS FOR

2 PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such 

3 title is amended by striking ‘‘December 31, 2007’’ and in4 serting ‘‘December 31, 2009’’. 

5 SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL 

6 PAY AUTHORITIES FOR HEALTH CARE PRO7 FESSIONALS. 

8 (a) NURSE OFFICER CANDIDATE ACCESSION PRO9 GRAM.—Section 2130a(a)(1) of title 10, United States 

10 Code, is amended by striking ‘‘December 31, 2007’’ and 

11 inserting ‘‘December 31, 2009’’. 

12 (b) REPAYMENT OF EDUCATION LOANS FOR CER13 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE14 LECTED RESERVE.—Section 16302(d) of such title is 

15 amended by striking ‘‘January 1, 2008’’ and inserting 

16 ‘‘January 1, 2010’’. 

17 (c) ACCESSION BONUS FOR REGISTERED NURSES.— 

18 Section 302d(a)(1) of title 37, United States Code, is 

19 amended by striking ‘‘December 31, 2007’’ and inserting 

20 ‘‘December 31, 2009’’. 

21 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES22 THETISTS.—Section 302e(a)(1) of such title is amended 

23 by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem24 ber 31, 2009’’. 


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1 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

2 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPE3 CIALTIES.—Section 302g(e) of such title is amended by 

4 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

5 31, 2009’’. 

6 (f) ACCESSION BONUS FOR DENTAL OFFICERS.— 

7 Section 302h(a)(1) of such title is amended by striking 

8 ‘‘December 31, 2007’’ and inserting ‘‘December 31, 

9 2009’’. 

10 (g) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

11 Section 302j(a) of such title is amended by striking ‘‘De12 cember 31, 2007’’ and inserting ‘‘December 31, 2009’’. 

13 (h) ACCESSION BONUS FOR MEDICAL OFFICERS IN

14 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

15 302k(f) of such title is amended by striking ‘‘December 

16 31, 2007’’ and inserting ‘‘December 31, 2009’’. 

17 (i) ACCESSION BONUS FOR DENTAL SPECIALIST OF18 FICERS IN CRITICALLY SHORT WARTIME SPECIALTIES.— 

19 Section 302l(g) of such title is amended by striking ‘‘De20 cember 31, 2007’’ and inserting ‘‘December 31, 2009’’. 

21 SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU22 THORITIES FOR NUCLEAR OFFICERS. 

23 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI24 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 

25 312(f) of title 37, United States Code, is amended by 


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1 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

2 31, 2009’’. 

3 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

4 312b(c) of such title is amended by striking ‘‘December 

5 31, 2007’’ and inserting ‘‘December 31, 2009’’. 

6 (c) NUCLEAR CAREER ANNUAL INCENTIVE

7 BONUS.—Section 312c(d) of such title is amended by 

8 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

9 31, 2009’’. 

10 SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAY11 MENT OF OTHER BONUSES AND SPECIAL 

12 PAYS. 

13 (a) AVIATION OFFICER RETENTION BONUS.—Sec14 tion 301b(a) of title 37, United States Code, is amended 

15 by striking ‘‘December 31, 2007’’ and inserting ‘‘Decem16 ber 31, 2009’’. 

17 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(g) 

18 of such title is amended by striking ‘‘December 31, 2008’’ 

19 and inserting ‘‘December 31, 2009’’. 

20 (c) REENLISTMENT BONUS FOR ACTIVE MEM21 BERS.—Section 308(g) of such title is amended by strik22 ing ‘‘December 31, 2007’’ and inserting ‘‘December 31, 

23 2009’’. 


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1 (d) ENLISTMENT BONUS.—Section 309(e) of such 

2 title is amended by striking ‘‘December 31, 2007’’ and in3 serting ‘‘December 31, 2009’’. 

4 (e) RETENTION BONUS FOR MEMBERS WITH CRIT5 ICAL MILITARY SKILLS OR ASSIGNED TO HIGH PRIORITY

6 UNITS.—Section 323(i) of such title is amended by strik7 ing ‘‘December 31, 2007’’ and inserting ‘‘December 31, 

8 2009’’. 

9 (f) ACCESSION BONUS FOR NEW OFFICERS IN CRIT10 ICAL SKILLS.—Section 324(g) of such title is amended by 

11 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

12 31, 2009’’. 

13 (g) INCENTIVE BONUS FOR CONVERSION TO MILI14 TARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL

15 SHORTAGE.—Section 326(g) of such title is amended by 

16 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

17 31, 2009’’. 

18 (h) INCENTIVE BONUS FOR TRANSFER BETWEEN

19 THE ARMED FORCES.—Section 327(h) of such title is 

20 amended by striking ‘‘December 31, 2009’’ and inserting 

21 ‘‘December 31, 2010’’. 

22 (i) ACCESSION BONUS FOR OFFICER CANDIDATES.— 

23 Section 330(f) of such title is amended by striking ‘‘De24 cember 31, 2007’’ and inserting ‘‘December 31, 2009’’. 


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1 (j) ARMY REFERRAL BONUS.—Subsection (h) of sec2 tion 645 of the National Defense Authorization Act for 

3 Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3310), 

4 as redesignated by section 624(e) of the John Warner Na5 tional Defense Authorization Act for Fiscal Year 2007 

6 (Public Law 109–364; 120 Stat. 2258), is amended by 

7 striking ‘‘December 31, 2007’’ and inserting ‘‘December 

8 31, 2009’’. 

9 SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY AND 

10 MULTIYEAR RETENTION BONUS FOR MED11 ICAL OFFICERS. 

12 (a) INCENTIVE SPECIAL PAY.—Section 302(b)(1) of 

13 title 37, United States Code, is amended by striking 

14 ‘‘$50,000’’ and inserting ‘‘$75,000’’. 

15 (b) MULTIYEAR RETENTION BONUS.—Section 

16 301d(a)(2) of such title is amended by striking ‘‘$50,000’’ 

17 and inserting ‘‘$75,000’’. 

18 SEC. 616. INCREASE IN DENTAL OFFICER ADDITIONAL SPE19 CIAL PAY. 

20 Section 302b(a)(4) of title 37, United States Code, 

21 is amended— 

22 (1) by striking ‘‘shall be paid at the following 

23 rates’’ in the matter preceding subparagraph (A) 

24 and inserting ‘‘shall not exceed the following:’’; 


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1 (2) in subparagraph (A), by striking ‘‘$4,000’’ 

2 and inserting ‘‘$10,000’’; and 

3 (3) in subparagraph (B), by striking ‘‘$6,000’’ 

4 and inserting ‘‘$12,000’’. 

5 SEC. 617. DEFINITION OF SEA DUTY FOR CAREER SEA PAY 

6 TO INCLUDE MULTI-CREW SHIPS. 

7 Section 305a(e)(1)(A) of title 37, United States 

8 Code, is amended— 

9 (1) by striking ‘‘or’’ at the end of clause (ii); 

10 and 

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

12 clause: 

13 ‘‘(iv) while serving as an off-cycle crew14 member of a multi-crewed ship; or’’. 

15 SEC. 618. REENLISTMENT BONUS FOR MEMBERS OF THE 

16 SELECTED RESERVE. 

17 (a) MINIMUM TERM OF REENLISTMENT OR ENLIST18 MENT EXTENSION.—Subsection (a)(2) of 308b of title 37, 

19 United States Code, is amended by striking ‘‘his enlist20 ment for a period of three years or for a period of six 

21 years’’ and inserting ‘‘an enlistment for a period of at 

22 least three years’’. 

23 (b) MAXIMUM BONUS AMOUNT.—Subsection (b)(1) 

24 of such section is amended by striking ‘‘may not exceed’’ 


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1 and all that follows through the end of the paragraph and 

2 inserting ‘‘may not exceed $15,000.’’. 

3 (c) CONFORMING AMENDMENT REGARDING ELIGI4 BILITY REQUIREMENTS.—Subsection (c) of such section 

5 is amended— 

6 (1) by striking the subsection heading and 

7 paragraph (1) and inserting ‘‘WAIVER OF CONDI8 TION ON ELIGIBILITY.—’’; and 

9 (2) by striking ‘‘paragraph (1)(B) or’’. 

10 SEC. 619. AVAILABILITY OF SELECTED RESERVE ACCES11 SION BONUS FOR PERSONS WHO PRE12 VIOUSLY SERVED IN THE ARMED FORCES 

13 FOR A SHORT PERIOD. 

14 Section 308c(c)(1) of title 37, United States Code, 

15 is amended by inserting before the semicolon the following: 

16 ‘‘or has served in the armed forces, but was released from 

17 such service before completing the basic training require18 ments of the armed force of which the person was a mem19 ber and the service was characterized as either honorable 

20 or uncharacterized’’. 

21 SEC. 620. AVAILABILITY OF NUCLEAR OFFICER CONTINU22 ATION PAY FOR OFFICERS WITH MORE THAN 

23 26 YEARS OF COMMISSIONED SERVICE. 

24 Section 312 of title 37, United States Code, is 

25 amended— 


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1 (1) in subsection (a)(3), by striking ‘‘26 years’’ 

2 and inserting ‘‘30 years’’; and 

3 (2) in subsection (e)(1), by striking ‘‘26 years’’ 

4 and inserting ‘‘30 years’’. 

5 SEC. 621. WAIVER OF YEARS-OF-SERVICE LIMITATION ON 

6 RECEIPT OF CRITICAL SKILLS RETENTION 

7 BONUS. 

8 Section 323(e) of title 37, United States Code, is 

9 amended by adding at the end the following new para10 graph: 

11 ‘‘(4) The Secretary of Defense, or the Secretary of 

12 Homeland Security with respect to the Coast Guard when 

13 it is not operating as a service in the Navy, may waive 

14 the limitations in paragraph (1) with respect to a member 

15 who, during the period of active duty or service in an ac16 tive status in a reserve component for which the bonus 

17 is being offered, is assigned duties in a skill designated 

18 as critical under subsection (b)(1). The authority to grant 

19 a waiver under this paragraph may not be delegated below 

20 the Undersecretary of Defense for Personnel and Readi21 ness or the Deputy Secretary of the Department of Home22 land Security.’’. 


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1 SEC. 622. ACCESSION BONUS FOR PARTICIPANTS IN THE 

2 ARMED FORCES HEALTH PROFESSIONAL 

3 SCHOLARSHIP AND FINANCIAL ASSISTANCE 

4 PROGRAM. 

5 (a) ACCESSION BONUS AUTHORIZED.—Subchapter I 

6 of chapter 105 of title 10, United States Code, is amended 

7 by adding at the end the following new section: 

8 ‘‘§ 2128. Accession bonus for members of the program 

9 ‘‘(a) AVAILABILITY OF BONUS.—The Secretary of 

10 Defense may offer a person who enters into an agreement 

11 under section 2122(a)(2) of this title an accession bonus 

12 of not more than $20,000 as part of the agreement. 

13 ‘‘(b) REPAYMENT.—A person who receives an acces14 sion bonus under this section, but fails to comply with the 

15 agreement under section 2122(a)(2) of this title or to com16 mence or complete the active duty obligation imposed by 

17 section 2123 of this title, shall be subject to the repayment 

18 provisions of section 303a(e) of title 37.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of such subchapter is amended by adding 

21 at the end the following new item: 

‘‘2128. Accession bonus for members of the program.’’. 


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1 SEC. 623. PAYMENT OF ASSIGNMENT INCENTIVE PAY FOR 

2 RESERVE MEMBERS SERVING IN COMBAT 

3 ZONE FOR MORE THAN 22 MONTHS. 

4 (a) PAYMENT.—The Secretary of a military depart5 ment may pay assignment incentive pay under section 

6 307a of title 37, United States Code, to a member of a 

7 reserve component under the jurisdiction of the Secretary 

8 for each month during the eligibility period of the member 

9 determined under subsection (b) during which the member 

10 served for any portion of the month in a combat zone asso11 ciated with Operating Enduring Freedom or Operation 

12 Iraqi Freedom in excess of 22 months of qualifying serv13 ice. 

14 (b) ELIGIBILITY PERIOD.—The eligibility period for 

15 a member extends from January 1, 2005, through the end 

16 of the active duty service of the member in a combat zone 

17 associated with Operating Enduring Freedom or Oper18 ation Iraqi Freedom if the service on active duty during 

19 the member’s most recent period of mobilization to active 

20 duty began before January 19, 2007. 

21 (c) AMOUNT OF PAYMENT.—The monthly rate of in22 centive pay payable to a member under this section is 

23 $1,000. 

24 (d) QUALIFYING SERVICE.—For purposes of this sec25 tion, qualifying service includes cumulative mobilized serv26 ice on active duty under sections 12301(d), 12302, and 


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1 12304 of title 10, United States Code, during the period 

2 beginning on January 1, 2003, through the end of the 

3 member’s active duty service during the member’s most 

4 recent period of mobilization to active duty beginning be5 fore January 19, 2007. 

6 SEC. 624. INCREASE IN MAXIMUM MONTHLY RATE OF 

7 HARDSHIP DUTY PAY. 

8 (a) INCREASE.—Effective October 1, 2007, section 

9 305(a) of title 37, United States Code, is amended by 

10 striking ‘‘$750’’ and inserting ‘‘$1,500’’. 

11 (b) FUNDING SOURCE.—Of the amounts authorized 

12 to be appropriated to the Department of Defense for mili13 tary personnel accounts for fiscal year 2008, not more 

14 than $79,000,000 shall be available to cover the additional 

15 costs incurred to implement the amendment made by sub16 section (a). 

17 Subtitle C—Travel and 

18 Transportation Allowances 

19 SEC. 631. ALLOWANCE FOR PARTICIPATION IN RESERVE 

20 SCREENING CONDUCTED THROUGH ELEC21 TRONIC MEANS. 

22 (a) ALLOWANCE FOR ELECTRONIC RESERVE

23 SCREENING.—Section 433 of title 37, United States Code, 

24 is amended— 


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1 (1) in subsection (a), by inserting ‘‘ALLOWANCE

2 FOR MUSTER DUTY.—(1)’’ before ‘‘Under’’; 

3 (2) by redesignating subsection (b) as para4 graph (2) of subsection (a), and in such paragraph, 

5 as so redesignated, by striking ‘‘this section’’ and in6 serting ‘‘paragraph (1)’’; and 

7 (3) by inserting before subsection (c) the fol8 lowing new subsection (b): 

9 ‘‘(b) ALLOWANCE FOR ELECTRONIC SCREENING.— 

10 (1) Under uniform regulations prescribed by the Secre11 taries concerned, a member of the Individual Ready Re12 serve may be paid a stipend when the member partici13 pates, through electronic means, in the screening per14 formed pursuant to section 10149 of title 10, in lieu of 

15 muster duty performed under section 12319 of such title. 

16 ‘‘(2) The amount of the stipend paid to a member 

17 under paragraph (1) may not exceed $50 in any calendar 

18 year.’’. 

19 (b) PAYMENT REQUIREMENTS.—Subsection (c) of 

20 such section is amended— 

21 (1) by inserting ‘‘PAYMENT REQUIREMENTS.— 

22 ’’ before the first sentence; 

23 (2) by striking ‘‘allowance’’ each place it ap24 pears and inserting ‘‘allowances’’; 


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1 (3) by inserting ‘‘or screening’’ after ‘‘muster 

2 duty’’ both places it appears; and 

3 (4) by striking ‘‘serving, as commutation’’ and 

4 inserting ‘‘serving. The allowance under subsection 

5 (a) is provided as commutation’’. 

6 (c) PROHIBITIONS.—Such section is further amend7 ed— 

8 (1) in subsection (d)— 

9 (A) by inserting ‘‘BAR TO INACTIVE DUTY

10 COMPENSATION.—’’ before ‘‘A member’’; and 

11 (B) by inserting ‘‘or screening through 

12 electronic means’’ after ‘‘muster duty’’; and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(e) BAR TO RETIREMENT CREDIT.—The participa16 tion by a member in screening for which a stipend is paid 

17 under subsection (b) shall not be credited in determining 

18 entitlement to, or in computing, retired pay under chapter 

19 1223 of title 10.’’. 

20 (d) CLERICAL AMENDMENTS.— 

21 (1) SECTION HEADING.—The heading of such 

22 section is amended to read as follows: 


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1 ‘‘§ 433. Allowance for muster duty or for participation 

2 in Reserve screening’’. 

3 (2) TABLE OF SECTIONS.—The table of sections 

4 at the beginning of chapter 7 of title 37, United 

5 States Code, is amended by striking the item relat6 ing to section 433 and inserting the following new 

7 item: 

‘‘433. Allowance for muster duty or for participation in Reserve screening.’’. 

8 (e) CONFORMING AMENDMENTS TO OTHER LAWS.— 

9 (1) BAR TO DUAL COMPENSATION FOR INAC10 TIVE-DUTY TRAINING.—Section 206 of such title is 

11 amended by adding at the end the following new 

12 subsection: 

13 ‘‘(f) A member of the National Guard or of a reserve 

14 component of a uniformed service may not be paid under 

15 this section if the member receives a stipend under section 

16 433(b) of this title for the same period.’’. 

17 (2) BAR TO RETIREMENT CREDIT.—Section 

18 12732(b) of title 10, United States Code, is amend19 ed by inserting after paragraph (7) the following 

20 new paragraph: 

21 ‘‘(8) Participation, through electronic means, in 

22 the screening performed pursuant to section 10149 

23 of this title, regardless of whether or not a stipend 

24 is paid under section 433(b) of title 37 for such par25 ticipation.’’. 


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1 SEC. 632. ALLOWANCE FOR CIVILIAN CLOTHING FOR MEM2 BERS OF THE ARMED FORCES TRAVELING IN 

3 CONNECTION WITH MEDICAL EVACUATION. 

4 Section 1047(a) of title 10, United States Code, is 

5 amended by inserting ‘‘and luggage’’ after ‘‘civilian cloth6 ing’’ both places it appears. 

7 SEC. 633. MOVING EXPENSES FOR JROTC INSTRUCTORS 

8 WHO AGREE TO SERVE IN HARD-TO-FILL PO9 SITIONS. 

10 Section 2031(d) of title 10, United States Code, is 

11 amended— 

12 (1) by redesignating paragraph (2) as para13 graph (3); and 

14 (2) by inserting after paragraph (1) the fol15 lowing new paragraph (2): 

16 ‘‘(2)(A) An individual so employed may, if the 

17 institution concerned so agrees, be reimbursed by 

18 the institution for the moving expenses incurred by 

19 the individual to fill the position concerned, separate 

20 from any other amount paid to the individual. Sub21 ject to subparagraph (B), the Secretary concerned 

22 may enter into an agreement with such an institu23 tion under which the Secretary reimburses the insti24 tution for the amount the institution reimburses the 

25 individual. Reimbursements by the Secretary conVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 cerned under this paragraph shall be made from 

2 funds appropriated for that purpose. 

3 ‘‘(B) Such a reimbursement by the Secretary 

4 concerned may be made only if, as determined by 

5 the Secretary concerned— 

6 ‘‘(i) the position to be filled by the indi7 vidual is a hard-to-fill position, based on geo8 graphic or economic factors; 

9 ‘‘(ii) the individual has entered into a writ10 ten agreement with the institution to serve in 

11 that position for at least two years; and 

12 ‘‘(iii) making the reimbursement is in the 

13 national interest.’’. 

14 SEC. 634. TRANSPORTATION OF ADDITIONAL MOTOR VEHI15 CLE OF MEMBERS ON CHANGE OF PERMA16 NENT STATION TO OR FROM NONFOREIGN 

17 AREAS OUTSIDE THE CONTINENTAL UNITED 

18 STATES. 

19 (a) AUTHORITY TO TRANSPORT ADDITIONAL MOTOR

20 VEHICLE.—Subsection (a) of section 2634 of title 10, 

21 United States Code, is amended— 

22 (1) by striking the sentence following paragraph 

23 (4); 


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1 (2) by redesignating paragraphs (1), (2), (3), 

2 and (4) as subparagraphs (A), (B), (C), and (D), re3 spectively; 

4 (3) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

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

6 paragraph: 

7 ‘‘(2) One additional motor vehicle of a member (or 

8 a dependent of the member) may be transported as pro9 vided in paragraph (1) if— 

10 ‘‘(A) the member is ordered to make a change 

11 of permanent station to or from a nonforeign area 

12 outside the continental United States and the mem13 ber has at least one dependent of driving age who 

14 will use the motor vehicle; or 

15 ‘‘(B) the Secretary concerned determines that a 

16 replacement for the motor vehicle transported under 

17 paragraph (1) is necessary for reasons beyond the 

18 control of the member and is in the interest of the 

19 United States and the Secretary approves the trans20 portation in advance.’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 Such subsection is further amended— 

23 (1) by striking ‘‘his dependents’’ and inserting 

24 ‘‘a dependent of the member’’; 


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1 (2) by striking ‘‘him’’ and inserting ‘‘the mem2 ber’’; 

3 (3) by striking ‘‘his)’’ and inserting ‘‘the mem4 ber)’’; 

5 (4) by striking ‘‘his new’’ and inserting ‘‘the 

6 member’s new’’; and 

7 (5) in paragraph (1)(C), as redesignated by 

8 subsection (a), by striking ‘‘clauses (1) and (2)’’ and 

9 inserting ‘‘subparagraphs (A) and (B)’’. 

10 (c) EFFECTIVE DATE.—Paragraph (2)(A) of sub11 section (a) of section 2634 of title 10, United States Code, 

12 as added by subsection (a)(4), shall apply with respect to 

13 orders issued on or after the date of the enactment of this 

14 Act for members of the Armed Forces to make a change 

15 of permanent station to or from nonforeign areas outside 

16 the continental United States. 

17 SEC. 635. PAYMENT OF INACTIVE DUTY TRAINING TRAVEL 

18 COSTS FOR CERTAIN SELECTED RESERVE 

19 MEMBERS. 

20 (a) PAYMENT OF TRAVEL COSTS AUTHORIZED.— 

21 Chapter 7 of title 37, United States Code, is amended by 

22 inserting after section 408 the following new section: 


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1 ‘‘§ 408a. Travel and transportation allowances: inac2 tive duty training or unit training assem3 bly outside of commuting distance of 

4 duty station 

5 ‘‘(a) ALLOWANCE AUTHORIZED.—Under regulations 

6 prescribed by the Secretary concerned, if a member of the 

7 Selected Reserve who occupies a specialty designated by 

8 the Secretary for purposes of this section performs inac9 tive duty training or attends a unit training assembly out10 side of the commuting limits of the member’s station for 

11 the purpose of maintaining mission readiness, the Sec12 retary may reimburse the member for travel expenses in 

13 an amount not to exceed $300 for the training or assem14 bly. 

15 ‘‘(b) DURATION OF AUTHORITY.—Reimbursement 

16 may not be provided under this section for travel costs 

17 incurred before October 1, 2008, or after December 31, 

18 2014.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of such chapter is amended by inserting 

21 after the item relating to section 408 the following new 

22 item: 

‘‘408a. Travel and transportation allowances: inactive duty training or unit 

training assembly outside of commuting distance of duty station.’’. 


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1 Subtitle D—Retired Pay and 

2 Survivor Benefits 

3 SEC. 641. DISREGARDING PERIODS OF CONFINEMENT OF 

4 MEMBER IN DETERMINING BENEFITS FOR 

5 DEPENDENTS WHO ARE VICTIMS OF ABUSE 

6 BY THE MEMBER. 

7 Section 1408(h)(10) of title 10, United States Code, 

8 is amended by adding at the end the following new sub9 paragraph: 

10 ‘‘(C) In determining under paragraph (2)(A) whether 

11 a member of the armed forces became eligible to be retired 

12 from the armed forces on the basis of years of service so 

13 that a spouse or dependent child of the member is eligible 

14 to receive payment under this subsection, the Secretary 

15 concerned shall consider as creditable service by the mem16 ber any periods of confinement served by the member be17 fore convening authority action on the record of trial re18 lated to the misconduct that resulted in the termination 

19 of the eligibility of the member to receive retired pay.’’. 

20 SEC. 642. CONTINUATION OF AUTHORITY FOR MEMBERS OF 

21 THE ARMED FORCES TO DESIGNATE A RE22 CIPIENT FOR A PORTION OF THE DEATH GRA23 TUITY. 

24 Effective as of October 1, 2007, subsection (d) of sec25 tion 1477 of title 10, United States Code, as amended by 


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1 section 1316 of the U.S. Troop Readiness, Veterans’ Care, 

2 Katrina Recovery, and Iraq Accountability Appropriations 

3 Act, 2007, is amended by striking ‘‘During the period be4 ginning on the date of the enactment of this subsection 

5 and ending on September 30, 2007, a person’’ and insert6 ing ‘‘A person’’. 

7 SEC. 643. RECOUPMENT OF ANNUITY AMOUNTS PRE8 VIOUSLY PAID, BUT SUBJECT TO OFFSET FOR 

9 DEPENDENCY AND INDEMNITY COMPENSA10 TION. 

11 (a) LIMITATION ON RECOUPMENT; NOTIFICATION

12 REQUIREMENTS.—Section 1450(c) of title 10, United 

13 States Code, is amended by adding at the end the fol14 lowing new paragraph: 

15 ‘‘(3) LIMITATION ON RECOUPMENT OF OFFSET

16 AMOUNT.—Any amount subject to offset under this 

17 subsection that was previously paid to the surviving 

18 spouse or former spouse shall be recouped only to 

19 the extent that the amount paid exceeds any amount 

20 to be refunded under subsection (e). In notifying a 

21 surviving spouse or former spouse of the recoupment 

22 requirement, the Secretary shall provide the spouse 

23 or former spouse— 

24 ‘‘(A) a single notice of the net amount to 

25 be recouped or the net amount to be refunded, 


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1 as applicable, under this subsection or sub2 section (e); 

3 ‘‘(B) a written explanation of the statutory 

4 requirements for recoupment of the offset 

5 amount and for refund of any applicable 

6 amount deducted from retired pay; 

7 ‘‘(C) a detailed accounting of how the off8 set amount being recouped and retired pay de9 duction amount being refunded were calculated; 

10 and 

11 ‘‘(D) contact information for a person who 

12 can provide information about the offset 

13 recoupment and retired pay deduction refund 

14 processes and answer questions the surviving 

15 spouse or former spouse may have about the re16 quirements, processes, or amounts.’’. 

17 (b) APPLICATION.—Paragraph (3) of subsection (c) 

18 of section 1450 of title 10, United States Code, as added 

19 by subsection (a), shall apply with respect to the 

20 recoupment on or after April 1, 2008, of amounts subject 

21 to offset under such subsection. 


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1 SEC. 644. SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR 

2 PERSONS AFFECTED BY REQUIRED SUR3 VIVOR BENEFIT PLAN ANNUITY OFFSET FOR 

4 DEPENDENCY AND INDEMNITY COMPENSA5 TION. 

6 (a) PROVISION OF ALLOWANCE.—Section 1450 of 

7 title 10, United States Code, is amended by adding at the 

8 end the following new subsection: 

9 ‘‘(m) SPECIAL SURVIVOR INDEMNITY ALLOWANCE.— 

10 ‘‘(1) PROVISION OF ALLOWANCE.—The Sec11 retary concerned shall pay a monthly special sur12 vivor indemnity allowance under this subsection to 

13 the surviving spouse or former spouse of a member 

14 of the uniformed services to whom section 1448 of 

15 this title applies if— 

16 ‘‘(A) the surviving spouse or former spouse 

17 is entitled to dependency and indemnity com18 pensation under section 1311(a) of title 38; and 

19 ‘‘(B) the eligibility of the surviving spouse 

20 or former spouse for an annuity under section 

21 1448 of this title is affected by subsection (c) 

22 of this section. 

23 ‘‘(2) AMOUNT OF PAYMENT.—The amount of 

24 the allowance paid to an eligible survivor under 

25 paragraph (1) for a month shall be equal to the less26 er of— 


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1 ‘‘(A) $40; or 

2 ‘‘(B) the amount of the annuity for that 

3 month subject to offset under subsection (c). 

4 ‘‘(3) STATUS OF PAYMENTS.—An allowance 

5 paid under this subsection does not constitute an an6 nuity, and amounts so paid are not subject to ad7 justment under any other provision of law. 

8 ‘‘(4) SOURCE OF FUNDS.—The special survivor 

9 indemnity allowance shall be paid from amounts in 

10 the Department of Defense Military Retirement 

11 Fund established under section 1461 of this title.’’. 

12 (b) EFFECTIVE DATE.—Subsection (m) of section 

13 1450 of title 10, United States Code, as added by sub14 section (a), shall take effect on October 1, 2008, and shall 

15 apply to the month beginning on that date and subsequent 

16 months through the month ending on February 28, 2016. 

17 Effective on March 1, 2016, such subsection shall termi18 nate. No special survivor indemnity allowance may be paid 

19 to any person by reason of such subsection for any period 

20 before October 1, 2008. 


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1 SEC. 645. EXPANSION OF COMBAT-RELATED SPECIAL COM2 PENSATION ELIGIBILITY FOR CHAPTER 61 

3 MILITARY RETIREES WITH FEWER THAN 20 

4 YEARS OF CREDITABLE SERVICE. 

5 (a) ELIGIBILITY.—Subsection (c) of section 1413a of 

6 title 10, United States Code, is amended by striking ‘‘enti7 tled to retired pay who—’’ and all that follows through 

8 the end of paragraph (1) and inserting the following: 

9 ‘‘who— 

10 ‘‘(1) is entitled to retired pay (other than by 

11 reason of section 12731b of this title); and’’. 

12 (b) COMPUTATION.—Subsection (b) of such section 

13 is amended— 

14 (1) in paragraph (1), by striking ‘‘In the case 

15 of’’ and inserting ‘‘Subject to paragraph (4), in the 

16 case of’’; and 

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

18 paragraph: 

19 ‘‘(4) CHAPTER 61 DISABILITY RETIREES WITH

20 FEWER THAN 20 YEARS OF SERVICE.—In the case of 

21 an eligible combat-related disabled uniformed serv22 ices retiree who is retired under chapter 61 of this 

23 title with at least 15 years of creditable service, but 

24 fewer than 20 years of creditable service, and who 

25 receives veterans disability compensation for a dis26 ability rated at least 60 percent, the amount of the 


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1 payment under paragraph (1) for any month shall 

2 be reduced by the amount (if any) by which— 

3 ‘‘(A) the amount of the member’s retired 

4 pay under chapter 61 of this title; exceeds 

‘‘(B) the amount equal to 21 5 ⁄2 percent of 

6 the member’s years of creditable service multi7 plied by the member’s retired pay base under 

8 section 1406(b)(1) or 1407 of this title, which9 ever is applicable to the member.’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on October 1, 2008, and shall 

12 apply to payments for the month beginning on that date 

13 and subsequent months through the month ending on Sep14 tember 30, 2015. Effective on October 1, 2015, the 

15 amendments made by this section shall terminate and sub16 section (c) of section 1413a of title 10, United States 

17 Code, shall be amended to appear as it did on September 

18 30, 2008. 


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1 Subtitle E—Commissary and Non2 appropriated Fund Instrumen3 tality Benefits 

4 SEC. 651. ACCESS TO DEFENSE COMMISSARY AND EX5 CHANGE SYSTEM BY SURVIVING SPOUSE AND 

6 DEPENDENTS OF CERTAIN DISABLED VET7 ERANS. 

8 (a) REVISION OF REGULATIONS AND INSTRUC9 TIONS.—The Secretary of Defense shall revise the regula10 tions and instructions described in subsection (b) as nec11 essary to ensure access to the Defense Commissary and 

12 Exchange System by the surviving spouse and dependents 

13 of a veteran who had a service-connected disability rated 

14 at 100 percent (total), based on an application submitted 

15 by the veteran, although the disability rating was awarded 

16 posthumously. Such access shall be provided in the same 

17 manner and to the same extent as other surviving spouses 

18 and dependents covered by such regulations and instruc19 tions. 

20 (b) COVERED REGULATIONS AND INSTRUCTIONS.— 

21 The regulations and instructions referred to in subsection 

22 (a) are the following: 

23 (1) Armed Services Commissary Regulations 

24 (DoD Regulations 1330.17–R, April 1987). 


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1 (2) Armed Services Exchange Regulations 

2 (DoD Instruction 1330.21, July, 14, 2005). 

3 (3) The instruction pertaining to identification 

4 cards (ID) cards for members of the uniformed serv5 ices, their dependents, and other eligible individuals 

6 (DoD Instruction 1000.13, December 5, 1997). 

7 SEC. 652. AUTHORITY TO CONTINUE COMMISSARY AND EX8 CHANGE BENEFITS FOR CERTAIN INVOLUN9 TARILY SEPARATED MEMBERS OF THE 

10 ARMED FORCES. 

11 (a) RESUMPTION FOR MEMBERS INVOLUNTARILY

12 SEPARATED FROM ACTIVE DUTY.—Section 1146 of title 

13 10, United States Code, is amended— 

14 (1) by inserting ‘‘(a) MEMBERS INVOLUN15 TARILY SEPARATED FROM ACTIVE DUTY.—’’ before 

16 ‘‘The Secretary of Defense’’; 

17 (2) in the first sentence, by striking ‘‘October 

18 1, 1990, and ending on December 31, 2001’’ and in19 serting ‘‘October 1, 2007, and ending on December 

20 31, 2012’’; and 

21 (3) in the second sentence, by striking ‘‘the pe22 riod beginning on October 1, 1994, and ending on 

23 December 31, 2001’’ and inserting ‘‘the same pe24 riod’’. 


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1 (b) EXTENSION TO MEMBERS INVOLUNTARILY SEPA2 RATED FROM SELECTED RESERVE.—Such section is fur3 ther amended by adding at the end the following new sub4 section: 

5 ‘‘(b) MEMBERS INVOLUNTARILY SEPARATED FROM

6 SELECTED RESERVE.—The Secretary of Defense shall 

7 prescribe regulations to allow a member of the Selected 

8 Reserve of the Ready Reserve who is involuntarily sepa9 rated from the Selected Reserve as a result of the exercise 

10 of the force shaping authority of the Secretary concerned 

11 under section 647 of this title or other force shaping au12 thority during the period beginning on October 1, 2007, 

13 and ending on December 31, 2012, to continue to use 

14 commissary and exchange stores during the two-year pe15 riod beginning on the date of the involuntary separation 

16 of the member in the same manner as a member on active 

17 duty. The Secretary of Homeland Security shall imple18 ment this provision for Coast Guard members involun19 tarily separated during the same period.’’. 

20 SEC. 653. AUTHORIZATION OF INSTALLMENT DEDUCTIONS 

21 FROM PAY OF EMPLOYEES OF EXECUTIVE 

22 BRANCH INSTRUMENTALITIES TO COLLECT 

23 INDEBTEDNESS TO THE UNITED STATES. 

24 (a) COVERAGE OF EXECUTIVE BRANCH INSTRUMEN25 TALITIES.—Section 5514(a)(5)(B) of title 5, United 


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1 States Code, is amended by striking ‘‘judicial’’ and insert2 ing ‘‘executive, judicial,’’. 

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

4 subsection (a) shall take effect on the date of the enact5 ment of this Act and apply with respect to debt incurred 

6 before, on, or after that date. 

7 Subtitle F—Consolidation of Spe8 cial Pay, Incentive Pay, and 

9 Bonus Authorities 

10 SEC. 661. CONSOLIDATION OF SPECIAL PAY, INCENTIVE 

11 PAY, AND BONUS AUTHORITIES OF THE UNI12 FORMED SERVICES. 

13 (a) CONSOLIDATION.—Chapter 5 of title 37, United 

14 States Code, is amended— 

15 (1) by inserting before section 301 the following 

16 subchapter heading: 

17 ‘‘SUBCHAPTER I—EXISTING SPECIAL PAY, 

18 INCENTIVE PAY, AND BONUS AUTHORITIES’’; 

19 and 

20 (2) by adding at the end the following new sub21 chapters: 


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1 ‘‘SUBCHAPTER II—CONSOLIDATION OF SPE2 CIAL PAY, INCENTIVE PAY, AND BONUS AU3 THORITIES 

4 ‘‘§ 331. General bonus authority for enlisted members 

5 ‘‘(a) AUTHORITY TO PROVIDE BONUS.—The Sec6 retary concerned may pay a bonus under this section to 

7 a person, including a member of the armed forces, who— 

8 ‘‘(1) enlists in an armed force; 

9 ‘‘(2) enlists in or affiliates with a reserve com10 ponent of an armed force; 

11 ‘‘(3) reenlists, voluntarily extends an enlist12 ment, or otherwise agrees to serve— 

13 ‘‘(A) for a specified period in a designated 

14 career field, skill, or unit of an armed force; or 

15 ‘‘(B) under other conditions of service in 

16 an armed force; 

17 ‘‘(4) transfers from a regular component of an 

18 armed force to a reserve component of that same 

19 armed force or from a reserve component of an 

20 armed force to the regular component of that same 

21 armed force; or 

22 ‘‘(5) transfers from a regular component or re23 serve component of an armed force to a regular com24 ponent or reserve component of another armed force, 

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1 diction over the armed force to which the member is 

2 transferring. 

3 ‘‘(b) SERVICE ELIGIBILITY.—A bonus authorized by 

4 subsection (a) may be paid to a person or member only 

5 if the person or member agrees under subsection (d)— 

6 ‘‘(1) to serve for a specified period in a des7 ignated career field, skill, unit, or grade; or 

8 ‘‘(2) to meet some other condition of service im9 posed by the Secretary concerned. 

10 ‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAY11 MENT.— 

12 ‘‘(1) MAXIMUM AMOUNT.—The Secretary con13 cerned shall determine the amount of a bonus to be 

14 paid under this section, except that— 

15 ‘‘(A) a bonus paid under paragraph (1) or 

16 (2) of subsection (a) may not exceed $50,000 

17 for a minimum two-year period of obligated 

18 service agreed to under subsection (d); and 

19 ‘‘(B) a bonus paid under paragraph (3), 

20 (4), or (5) of subsection (a) may not exceed 

21 $40,000 for a minimum one-year period of obli22 gated service agreed to under subsection (d). 

23 ‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus 

24 under this section may be paid in a lump sum or in 


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1 periodic installments, as determined by the Secretary 

2 concerned. 

3 ‘‘(3) FIXING BONUS AMOUNT.—Upon accept4 ance by the Secretary concerned of the written 

5 agreement required by subsection (d), the total 

6 amount of the bonus to be paid under the agreement 

7 shall be fixed. 

8 ‘‘(d) WRITTEN AGREEMENT.—To receive a bonus 

9 under this section, a person or member determined to be 

10 eligible for the bonus shall enter into a written agreement 

11 with the Secretary concerned that specifies— 

12 ‘‘(1) the amount of the bonus; 

13 ‘‘(2) the method of payment of the bonus under 

14 subsection (c)(2); 

15 ‘‘(3) the period of obligated service; and 

16 ‘‘(4) the type or conditions of the service. 

17 ‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW18 ANCES.—A bonus paid to a person or member under this 

19 section is in addition to any other pay and allowance to 

20 which a member is entitled. 

21 ‘‘(f) RELATIONSHIP TO PROHIBITION ON BOUN22 TIES.—A bonus authorized under this section is not a 

23 bounty for purposes of section 514(a) of title 10. 

24 ‘‘(g) REPAYMENT.—A person or member who re25 ceives a bonus under this section and who fails to complete 


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1 the period of service, or meet the conditions of service, 

2 for which the bonus is paid, as specified in the written 

3 agreement under subsection (d), shall be subject to the 

4 repayment provisions of section 373 of this title. 

5 ‘‘(h) REGULATIONS.—This section shall be adminis6 tered under regulations prescribed by— 

7 ‘‘(1) the Secretary of Defense, with respect to 

8 the armed forces under the jurisdiction of the Sec9 retary of Defense; and 

10 ‘‘(2) the Secretary of Homeland Security, with 

11 respect to the Coast Guard when it is not operating 

12 as a service in the Navy. 

13 ‘‘§ 332. General bonus authority for officers 

14 ‘‘(a) AUTHORITY TO PROVIDE BONUS.—The Sec15 retary concerned may pay a bonus under this section to 

16 a person, including an officer in the uniformed services, 

17 who— 

18 ‘‘(1) accepts a commission or appointment as 

19 an officer in a uniformed service; 

20 ‘‘(2) affiliates with a reserve component of a 

21 uniformed service; 

22 ‘‘(3) agrees to remain on active duty or to serve 

23 in an active status for a specific period as an officer 

24 in a uniformed service; 


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1 ‘‘(4) transfers from a regular component of a 

2 uniformed service to a reserve component of that 

3 same uniformed service or from a reserve component 

4 of a uniformed service to the regular component of 

5 that same uniformed service; or 

6 ‘‘(5) transfers from a regular component or re7 serve component of a uniformed service to a regular 

8 component or reserve component of another uni9 formed service, subject to the approval of the Sec10 retary with jurisdiction over the uniformed service to 

11 which the member is transferring. 

12 ‘‘(b) SERVICE ELIGIBILITY.—A bonus authorized by 

13 subsection (a) may be paid to a person or officer only if 

14 the person or officer agrees under subsection (d)— 

15 ‘‘(1) to serve for a specified period in a des16 ignated career field, skill, unit, or grade; or 

17 ‘‘(2) to meet some other condition of service im18 posed by the Secretary concerned. 

19 ‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAY20 MENT.— 

21 ‘‘(1) MAXIMUM AMOUNT.—The Secretary con22 cerned shall determine the amount of a bonus to be 

23 paid under this section, except that— 

24 ‘‘(A) a bonus paid under paragraph (1) or 

25 (2) of subsection (a) may not exceed $60,000 


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1 for a minimum three-year period of obligated 

2 service agreed to under subsection (d); and 

3 ‘‘(B) a bonus paid under paragraph (3), 

4 (4), or (5) of subsection (a) may not exceed 

5 $50,000 for each year of obligated service 

6 agreed to under subsection (d). 

7 ‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus 

8 under this section may be paid in a lump sum or in 

9 periodic installments, as determined by the Secretary 

10 concerned. 

11 ‘‘(3) FIXING BONUS AMOUNT.—Upon accept12 ance by the Secretary concerned of the written 

13 agreement required by subsection (d), the total 

14 amount of the bonus to be paid under the agreement 

15 shall be fixed. 

16 ‘‘(d) WRITTEN AGREEMENT.—To receive a bonus 

17 under this section, a person or officer determined to be 

18 eligible for the bonus shall enter into a written agreement 

19 with the Secretary concerned that specifies— 

20 ‘‘(1) the amount of the bonus; 

21 ‘‘(2) the method of payment of the bonus under 

22 subsection (c)(2); 

23 ‘‘(3) the period of obligated service; and 

24 ‘‘(4) the type or conditions of the service. 


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1 ‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW2 ANCES.—The bonus paid to a person or officer under this 

3 section is in addition to any other pay and allowance to 

4 which an officer is entitled. 

5 ‘‘(f) REPAYMENT.—A person or officer who receives 

6 a bonus under this section who fails to complete the period 

7 of service, or meet the conditions of service, for which the 

8 bonus is paid, as specified in the written agreement under 

9 subsection (d), shall be subject to the repayment provi10 sions of section 373 of this title. 

11 ‘‘(g) REGULATIONS.—This section shall be adminis12 tered under regulations prescribed by— 

13 ‘‘(1) the Secretary of Defense, with respect to 

14 the armed forces under the jurisdiction of the Sec15 retary of Defense; 

16 ‘‘(2) the Secretary of Homeland Security, with 

17 respect to the Coast Guard when it is not operating 

18 as a service in the Navy; 

19 ‘‘(3) the Secretary of Health and Human Serv20 ices, with respect to the commissioned corps of the 

21 Public Health Service; and 

22 ‘‘(4) the Secretary of Commerce, with respect 

23 to the National Oceanic and Atmospheric Adminis24 tration. 


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1 ‘‘§ 333. Special bonus and incentive pay authorities 

2 for nuclear officers 

3 ‘‘(a) NUCLEAR OFFICER BONUS.—The Secretary of 

4 the Navy may pay a nuclear officer bonus under this sec5 tion to a person, including an officer in the Navy, who— 

6 ‘‘(1) is selected for the officer naval nuclear 

7 power training program in connection with the su8 pervision, operation, and maintenance of naval nu9 clear propulsion plants and agrees to serve, upon 

10 completion of such training, on active duty in con11 nection with the supervision, operation, and mainte12 nance of naval nuclear propulsion plants; or 

13 ‘‘(2) has the current technical and operational 

14 qualification for duty in connection with the super15 vision, operation, and maintenance of naval nuclear 

16 propulsion plants and agrees to remain on active 

17 duty in connection with the supervision, operation, 

18 and maintenance of naval nuclear propulsion plants. 

19 ‘‘(b) NUCLEAR OFFICER INCENTIVE PAY.—The Sec20 retary of the Navy may pay nuclear officer incentive pay 

21 under this section to an officer in the Navy who— 

22 ‘‘(1) is entitled to basic pay under section 204 

23 of this title; and 

24 ‘‘(2) remains on active duty for a specified pe25 riod while maintaining current technical and oper26 ational qualifications, as approved by the Secretary, 


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1 for duty in connection with the supervision, oper2 ation, and maintenance of naval nuclear propulsion 

3 plants. 

4 ‘‘(c) ADDITIONAL ELIGIBILITY CRITERIA.—The Sec5 retary of the Navy may impose such additional criteria 

6 for the receipt of a nuclear officer bonus or nuclear officer 

7 incentive pay as the Secretary determines to be appro8 priate. 

9 ‘‘(d) MAXIMUM AMOUNT AND METHOD OF PAY10 MENT.— 

11 ‘‘(1) MAXIMUM AMOUNT.—The Secretary of the 

12 Navy shall determine the amounts of a nuclear offi13 cer bonus or incentive pay to be paid under this sec14 tion, except that such payments may not exceed 

15 $60,000 for each 12-month period of the agreement 

16 or 12-month period of qualifying service. 

17 ‘‘(2) LUMP SUM OR INSTALLMENTS.—A nuclear 

18 officer bonus or incentive pay under this section may 

19 be paid in a lump sum or in periodic installments. 

20 ‘‘(e) WRITTEN AGREEMENT FOR BONUS.— 

21 ‘‘(1) AGREEMENT REQUIRED.—To receive a nu22 clear officer bonus under this section, a person or of23 ficer determined to be eligible for the bonus shall 

24 enter into a written agreement with the Secretary of 

25 the Navy that specifies— 


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1 ‘‘(A) the amount of the bonus; 

2 ‘‘(B) the method of payment of the bonus 

3 under subsection (d)(2); 

4 ‘‘(C) the period of obligated service; and 

5 ‘‘(D) the type or conditions of the service. 

6 ‘‘(2) REPLACEMENT AGREEMENT.—An officer 

7 who is performing obligated service under an agree8 ment for a nuclear officer bonus may execute a new 

9 agreement to replace the existing agreement, if the 

10 amount to be paid under the new agreement will be 

11 higher than the amount to be paid under the exist12 ing agreement. The period of the new agreement 

13 shall be equal to or exceed the remaining term of the 

14 period of the officer’s existing agreement. If a new 

15 agreement is executed under this paragraph, the ex16 isting agreement shall be cancelled, effective on the 

17 day before an anniversary date of the existing agree18 ment occurring after the date on which the amount 

19 to be paid under this paragraph is increased. 

20 ‘‘(f) RELATIONSHIP TO OTHER PAY AND ALLOW21 ANCES.—A nuclear officer bonus or incentive pay paid to 

22 a person or officer under this section is in addition to any 

23 other pay and allowance to which an officer is entitled, 

24 except that an officer may not receive a payment under 


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1 this section and section 332 or 353 of this title for the 

2 same skill and period of service. 

3 ‘‘(g) REPAYMENT.—The person or officer who re4 ceives a nuclear officer bonus or incentive pay under this 

5 section who fails to complete the officer naval nuclear 

6 power training program, maintain required technical and 

7 operational qualifications, complete the period of service, 

8 or meet the types or conditions of service, for which the 

9 bonus or incentive pay is paid, as specified in the written 

10 agreement under subsection (e) in the case of a bonus, 

11 shall be subject to the repayment provisions of section 373 

12 of this title. 

13 ‘‘(h) REGULATIONS.—This section shall be adminis14 tered under regulations prescribed by the Secretary of the 

15 Navy. 

16 ‘‘§ 334. Special aviation incentive pay and bonus au17 thorities for officers 

18 ‘‘(a) AVIATION INCENTIVE PAY.—The Secretary con19 cerned may pay aviation incentive pay under this section 

20 to a regular or reserve component officer of a uniformed 

21 service who— 

22 ‘‘(1) is entitled to basic pay under section 204 

23 of this title or compensation under section 206 of 

24 this title; 


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1 ‘‘(2) maintains, or is in training leading to, an 

2 aeronautical rating or designation that qualifies the 

3 officer to engage in operational flying duty or pro4 ficiency flying duty; 

5 ‘‘(3) engages in, or is in training leading to, fre6 quent and regular performance of operational flying 

7 duty or proficiency flying duty; 

8 ‘‘(4) engages in or remains in aviation service 

9 for a specified period; and 

10 ‘‘(5) meets such other criteria as the Secretary 

11 concerned determines appropriate. 

12 ‘‘(b) AVIATION BONUS.—The Secretary concerned 

13 may pay an aviation bonus under this section to a regular 

14 or reserve component officer of a uniformed service who— 

15 ‘‘(1) is entitled to aviation incentive pay under 

16 subsection (a); 

17 ‘‘(2) has completed any active duty service com18 mitment incurred for undergraduate aviator training 

19 or is within one year of completing such commit20 ment; 

21 ‘‘(3) executes a written agreement to remain on 

22 active duty in a regular component or to serve in an 

23 active status in a reserve component in aviation 

24 service for at least one year; and 


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1 ‘‘(4) meets such other criteria as the Secretary 

2 concerned determines appropriate. 

3 ‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAY4 MENT.— 

5 ‘‘(1) MAXIMUM AMOUNT.—The Secretary con6 cerned shall determine the amounts of a bonus or in7 centive pay to be paid under this section, except 

8 that— 

9 ‘‘(A) aviation incentive pay shall be paid at 

10 a monthly rate, not to exceed $850 per month; 

11 and 

12 ‘‘(B) an aviation bonus may not exceed 

13 $25,000 for each 12-month period of obligated 

14 service agreed to under subsection (d). 

15 ‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus 

16 under this section may be paid in a lump sum or in 

17 periodic installments, as determined by the Secretary 

18 concerned. 

19 ‘‘(3) FIXING BONUS AMOUNT.—Upon accept20 ance by the Secretary concerned of the written 

21 agreement required by subsection (d), the total 

22 amount of the bonus to be paid under the agreement 

23 shall be fixed. 

24 ‘‘(d) WRITTEN AGREEMENT FOR BONUS.—To receive 

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1 termined to be eligible for the bonus shall enter into a 

2 written agreement with the Secretary concerned that 

3 specifies— 

4 ‘‘(1) the amount of the bonus; 

5 ‘‘(2) the method of payment of the bonus under 

6 subsection (c)(2); 

7 ‘‘(3) the period of obligated service; and 

8 ‘‘(4) the type or conditions of the service. 

9 ‘‘(e) RESERVE COMPONENT OFFICERS PERFORMING

10 INACTIVE DUTY TRAINING.—A reserve component officer 

11 who is entitled to compensation under section 206 of this 

12 title and who is authorized aviation incentive pay under 

13 this section may be paid an amount of incentive pay that 

14 is proportionate to the compensation received under sec15 tion 206 for inactive-duty training. 

16 ‘‘(f) RELATIONSHIP TO OTHER PAY AND ALLOW17 ANCES.— 

18 ‘‘(1) AVIATION INCENTIVE PAY.—Aviation in19 centive pay paid to an officer under subsection (a) 

20 shall be in addition to any other pay and allowance 

21 to which an officer is entitled, except that an officer 

22 may not receive a payment under such subsection 

23 and section 351(a)(4) or 353 of this title for the 

24 same skill and period of service. 


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1 ‘‘(2) AVIATION BONUS.—An aviation bonus 

2 paid to an officer under subsection (b) shall be in 

3 addition to any other pay and allowance to which the 

4 officer is entitled, except that an officer may not re5 ceive a payment under such subsection and section 

6 332 or 353 of this title for the same skill and period 

7 of service. 

8 ‘‘(g) REPAYMENT.—An officer who receives aviation 

9 incentive pay or an aviation bonus under this section and 

10 who fails to fulfill the eligibility requirements for the re11 ceipt of the incentive pay or bonus or complete the period 

12 of service for which the incentive pay or bonus is paid, 

13 as specified in the written agreement under subsection (d) 

14 in the case of a bonus, shall be subject to the repayment 

15 provisions of section 373 of this title. 

16 ‘‘(h) DEFINITIONS.—In this section: 

17 ‘‘(1) The term ‘aviation service’ means service 

18 performed by a regular or reserve component officer 

19 (except a flight surgeon or other medical officer) 

20 while holding an aeronautical rating or designation 

21 or while in training to receive an aeronautical rating 

22 or designation. 

23 ‘‘(2) The term ‘operational flying duty’ means 

24 flying performed under competent orders by rated or 

25 designated regular or reserve component officers 


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1 while serving in assignments in which basic flying 

2 skills normally are maintained in the performance of 

3 assigned duties as determined by the Secretary con4 cerned, and flying performed by members in training 

5 that leads to the award of an aeronautical rating or 

6 designation. 

7 ‘‘(3) The term ‘proficiency flying duty’ means 

8 flying performed under competent orders by rated or 

9 designated regular or reserve component officers 

10 while serving in assignments in which such skills 

11 would normally not be maintained in the perform12 ance of assigned duties. 

13 ‘‘(4) The term ‘officer’ includes an individual 

14 enlisted and designated as an aviation cadet under 

15 section 6911 of title 10, United States Code. 

16 ‘‘(i) REGULATIONS.—This section shall be adminis17 tered under regulations prescribed by— 

18 ‘‘(1) the Secretary of Defense, with respect to 

19 the armed forces under the jurisdiction of the Sec20 retary of Defense; 

21 ‘‘(2) the Secretary of Homeland Security, with 

22 respect to the Coast Guard when it is not operating 

23 as a service in the Navy; and 


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1 ‘‘(3) the Secretary of Commerce, with respect 

2 to the National Oceanic and Atmospheric Adminis3 tration. 

4 ‘‘§ 335. Special bonus and incentive pay authorities 

5 for officers in health professions 

6 ‘‘(a) HEALTH PROFESSIONS BONUS.—The Secretary 

7 concerned may pay a health professions bonus under this 

8 section to a person, including an officer in the uniformed 

9 services, who is a graduate of an accredited school in a 

10 health profession and who— 

11 ‘‘(1) accepts a commission or appointment as a 

12 regular or reserve component officer in a uniformed 

13 service, or affiliates with a reserve component of a 

14 uniformed service, and agrees to serve on active duty 

15 in a regular component or in an active status in a 

16 reserve component in a health profession; or 

17 ‘‘(2) agrees to remain on active duty or con18 tinue serving in an active status in a reserve compo19 nent in a health profession. 

20 ‘‘(b) HEALTH PROFESSIONS INCENTIVE PAY.—The 

21 Secretary concerned may pay incentive pay under this sec22 tion to an officer in a regular or reserve component of 

23 a uniformed service who— 


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1 ‘‘(1) is entitled to basic pay under section 204 

2 of this title or compensation under section 206 of 

3 this title; and 

4 ‘‘(2) is serving on active duty or in an active 

5 status in a designated health profession specialty or 

6 skill. 

7 ‘‘(c) BOARD CERTIFICATION INCENTIVE PAY.—The 

8 Secretary concerned may pay board certification incentive 

9 pay under this section to an officer in a regular or reserve 

10 component of a uniformed service who— 

11 ‘‘(1) is entitled to basic pay under section 204 

12 of this title or compensation under section 206 of 

13 this title; 

14 ‘‘(2) is board certified in a designated health 

15 profession specialty or skill; and 

16 ‘‘(3) is serving on active duty or in an active 

17 status in such designated health profession specialty 

18 or skill. 

19 ‘‘(d) ADDITIONAL ELIGIBILITY CRITERIA.—The Sec20 retary concerned may impose such additional criteria for 

21 the receipt of a bonus or incentive pay under this section 

22 as the Secretary determines to be appropriate. 

23 ‘‘(e) MAXIMUM AMOUNT AND METHOD OF PAY24 MENT.— 


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1 ‘‘(1) MAXIMUM AMOUNT.—The Secretary con2 cerned shall determine the amounts of a bonus or in3 centive pay to be paid under this section, except 

4 that— 

5 ‘‘(A) a health professions bonus may not 

6 exceed $100,000 for each 12-month period of 

7 obligated service agreed to under subsection (f); 

8 ‘‘(B) health professions incentive pay may 

9 not exceed $100,000 in any 12-month period, 

10 and it may be paid monthly; and 

11 ‘‘(C) board certification incentive pay may 

12 not exceed $25,000 per 12-month period an of13 ficer remains certified in the designated health 

14 profession specialty or skill. 

15 ‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus 

16 under subsection (a) may be paid in a lump sum or 

17 in periodic installments, as determined by the Sec18 retary concerned. Board certification incentive pay 

19 may be paid monthly, in a lump sum at the begin20 ning of the certification period, or in periodic install21 ments during the certification period, as determined 

22 by the Secretary concerned. 

23 ‘‘(3) FIXING BONUS AMOUNT.—Upon accept24 ance by the Secretary concerned of the written 

25 agreement required by subsection (f), the total 


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1 amount of the bonus to be paid under the agreement 

2 shall be fixed. 

3 ‘‘(f) WRITTEN AGREEMENT FOR BONUS.—To receive 

4 a bonus under this section, an officer determined to be 

5 eligible for the bonus shall enter into a written agreement 

6 with the Secretary concerned that specifies— 

7 ‘‘(1) the amount of the bonus; 

8 ‘‘(2) the method of payment of the bonus under 

9 subsection (e)(2); 

10 ‘‘(3) the period of obligated service; 

11 ‘‘(4) whether the service will be performed on 

12 active duty or in an active status in a reserve com13 ponent; and 

14 ‘‘(5) the type or conditions of the service. 

15 ‘‘(g) RESERVE COMPONENT OFFICERS.—An officer 

16 in a reserve component authorized incentive pay under 

17 subsection (b) or (c) who is not serving on continuous ac18 tive duty and is entitled to compensation under sections 

19 204 of this title or compensation under section 206 of this 

20 title may be paid a monthly amount of incentive pay that 

21 is proportionate to the basic pay or compensation received 

22 under this title. 

23 ‘‘(h) RELATIONSHIP TO OTHER PAY AND ALLOW24 ANCES.— 


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1 ‘‘(1) HEALTH PROFESSIONS BONUS.—A bonus 

2 paid to a person or officer under subsection (a) shall 

3 be in addition to any other pay and allowance to 

4 which an officer is entitled, except that an officer 

5 may not receive a payment under such subsection 

6 and section 332 of this title for the same period of 

7 obligated service. 

8 ‘‘(2) HEALTH PROFESSIONS INCENTIVE PAY.— 

9 Incentive pay paid to an officer under subsection (b) 

10 shall be in addition to any other pay and allowance 

11 to which an officer is entitled, except that an officer 

12 may not receive a payment under such subsection 

13 and section 353 of this title for the same skill and 

14 period of service. 

15 ‘‘(3) BOARD CERTIFICATION INCENTIVE PAY.— 

16 Incentive pay paid to an officer under subsection (c) 

17 shall be in addition to any other pay and allowance 

18 to which an officer is entitled, except that an officer 

19 may not receive a payment under such subsection 

20 and section 353(b) of this title for the same skill 

21 and period of service covered by the certification. 

22 ‘‘(i) REPAYMENT.—An officer who receives a bonus 

23 or incentive pay under this section and who fails to fulfill 

24 the eligibility requirements for the receipt of the bonus 

25 or incentive pay or complete the period of service for which 


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1 the bonus or incentive pay is paid, as specified in the writ2 ten agreement under subsection (f) in the case of a bonus, 

3 shall be subject to the repayment provisions of section 373 

4 of this title. 

5 ‘‘(j) HEALTH PROFESSION DEFINED.—In this sec6 tion, the term ‘health profession’ means: 

7 ‘‘(1) Any health profession performed by offi8 cers in the Medical Corps of a uniformed service or 

9 by officers designated as a medical officer. 

10 ‘‘(2) Any health profession performed by offi11 cers in the Dental Corps of a uniformed service or 

12 by officers designated as a dental officer. 

13 ‘‘(3) Any health profession performed by offi14 cers in the Medical Service Corps of a uniformed 

15 service or by officers designated as a medical service 

16 officer or biomedical sciences officer. 

17 ‘‘(4) Any health profession performed by offi18 cers in the Medical Specialist Corps of a uniformed 

19 service or by officers designated as a medical spe20 cialist. 

21 ‘‘(5) Any health profession performed by offi22 cers of the Nurse Corps of a uniformed service or 

23 by officers designated as a nurse. 


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1 ‘‘(6) Any health profession performed by offi2 cers in the Veterinary Corps of a uniformed service 

3 or by officers designated as a veterinary officer. 

4 ‘‘(7) Any health profession performed by offi5 cers designated as a physician assistant. 

6 ‘‘(8) Any health profession performed by offi7 cers in the regular or reserve corps of the Public 

8 Health Service. 

9 ‘‘(k) REGULATIONS.—This section shall be adminis10 tered under regulations prescribed by— 

11 ‘‘(1) the Secretary of Defense, with respect to 

12 the armed forces under the jurisdiction of the Sec13 retary of Defense; 

14 ‘‘(2) the Secretary of Homeland Security, with 

15 respect to the Coast Guard when it is not operating 

16 as a service in the Navy; and 

17 ‘‘(3) the Secretary of Health and Human Serv18 ices, with respect to the commissioned corps of the 

19 Public Health Service. 

20 ‘‘§ 351. Hazardous duty pay 

21 ‘‘(a) HAZARDOUS DUTY PAY.—The Secretary con22 cerned may pay hazardous duty pay under this section to 

23 a member of a regular or reserve component of the uni24 formed services entitled to basic pay under section 204 


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1 of this title or compensation under section 206 of this title 

2 who— 

3 ‘‘(1) performs duty in a hostile fire area des4 ignated by the Secretary concerned; 

5 ‘‘(2) is exposed to a hostile fire event, explosion 

6 of a hostile explosive device, or any other hostile ac7 tion; 

8 ‘‘(3) is on duty during a month in an area in 

9 which an event described in paragraph (2) occurred 

10 which placed the member in grave danger of physical 

11 injury; 

12 ‘‘(4) performs duty the Secretary concerned has 

13 designated as hazardous duty based upon the inher14 ent dangers of that duty and risks of physical injury; 

15 or 

16 ‘‘(5) performs duty in a foreign area designated 

17 by the Secretary concerned as an area in which the 

18 member is subject to imminent danger of physical 

19 injury due to threat conditions. 

20 ‘‘(b) MAXIMUM AMOUNT.—The amount of hazardous 

21 duty pay paid to a member under subsection (a) shall be 

22 based on the type of duty and the area in which the duty 

23 is performed, as follows: 

24 ‘‘(1) In the case of a member who performs 

25 duty in a designated hostile fire area, as described 


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1 in paragraph (1) of such subsection, hazardous duty 

2 pay may not exceed $450 per month. 

3 ‘‘(2) In the case of a member who is exposed 

4 to a hostile fire event or is on duty in an area in 

5 which such an event occurred which placed the mem6 ber in grave danger of physical injury, as described 

7 in paragraph (2) or (3) of such subsection, haz8 ardous duty pay may not exceed $450 per month. 

9 ‘‘(3) In the case of a member who performs a 

10 designated hazardous duty, as described in para11 graph (4) of such subsection, hazardous duty pay 

12 may not exceed $250 per month. 

13 ‘‘(4) In the case of a member who performs 

14 duty in a foreign area designated as an imminent 

15 danger area, as described in paragraph (5) of such 

16 subsection, hazardous duty pay may not exceed $250 

17 per month. 

18 ‘‘(c) METHOD OF PAYMENT.—Hazardous duty pay 

19 shall be paid on a monthly basis. A member who is eligible 

20 for hazardous duty pay by reason of paragraph (1), (2), 

21 or (3) of subsection (a) shall receive the full monthly rate 

22 of hazardous duty pay authorized by the Secretary con23 cerned under such paragraph, notwithstanding subsection 

24 (d). 


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1 ‘‘(d) RESERVE COMPONENT MEMBERS PERFORMING

2 INACTIVE DUTY TRAINING.—A member of a reserve com3 ponent entitled to compensation under section 206 of this 

4 title who is authorized hazardous duty pay under this sec5 tion may be paid an amount of hazardous duty pay that 

6 is proportionate to the compensation received by the mem7 ber under section 206 of this title for inactive-duty train8 ing. 

9 ‘‘(e) ADMINISTRATION AND RETROACTIVE PAY10 MENTS.—The effective date for a hostile fire area designa11 tion, as described in paragraph (1) of subsection (a), and 

12 for the designation of a foreign area as an imminent dan13 ger area, as described in paragraph (5) of such subsection, 

14 may be a date that occurs before, on, or after the actual 

15 date of the designation by the Secretary concerned. 

16 ‘‘(f) DETERMINATION OF FACT.—Any determination 

17 of fact that is made in administering paragraph (2) or 

18 (3) of subsection (a) is conclusive. The determination may 

19 not be reviewed by any other officer or agency of the 

20 United States unless there has been fraud or gross neg21 ligence. However, the Secretary concerned may change the 

22 determination on the basis of new evidence or for other 

23 good cause. 

24 ‘‘(g) RELATIONSHIP TO OTHER PAY AND ALLOW25 ANCES.—A member may be paid hazardous duty pay 


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1 under this section in addition to any other pay and allow2 ances to which the member is entitled. The regulations 

3 prescribed under subsection (j) shall address dual com4 pensation under this section for multiple circumstances in5 volving performance of a designated hazardous duty, as 

6 described in paragraph (4) of subsection (a), or for duty 

7 in certain designated areas, as described in paragraph (1) 

8 or 5 of such subsection, that is performed by a member 

9 during a single month of service. 

10 ‘‘(h) PROHIBITION ON VARIABLE RATES.—The regu11 lations prescribed under subsection (j) may not include 

12 varied criteria or rates for payment of hazardous duty for 

13 officers and enlisted members. 

14 ‘‘(i) REPAYMENT.—A member who receives the haz15 ardous duty pay authorized under this section and who 

16 fails to meet the eligibility requirements under subsection 

17 (a) shall be subject to the repayment provisions of section 

18 373 of this title. 

19 ‘‘(j) REGULATIONS.—This section shall be adminis20 tered under regulations prescribed by— 

21 ‘‘(1) the Secretary of Defense, with respect to 

22 the armed forces under the jurisdiction of the Sec23 retary of Defense; 


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1 ‘‘(2) the Secretary of Homeland Security, with 

2 respect to the Coast Guard when it is not operating 

3 as a service in the Navy; 

4 ‘‘(3) the Secretary of Health and Human Serv5 ices, with respect to the commissioned corps of the 

6 Public Health Service; and 

7 ‘‘(4) the Secretary of Commerce, with respect 

8 to the National Oceanic and Atmospheric Adminis9 tration. 

10 ‘‘§ 352. Assignment pay or special duty pay 

11 ‘‘(a) ASSIGNMENT OR SPECIAL DUTY PAY AUTHOR12 IZED.—The Secretary concerned may pay assignment or 

13 special duty pay under this section to a member of a reg14 ular or reserve component of the uniformed services who— 

15 ‘‘(1) is entitled to basic pay under section 204 

16 of this title or compensation under section 206 of 

17 this title; and 

18 ‘‘(2) performs duties in an assignment, location, 

19 or unit designated by, and under the conditions of 

20 service specified by, the Secretary concerned. 

21 ‘‘(b) MAXIMUM AMOUNT AND METHOD OF PAY22 MENT.— 

23 ‘‘(1) LUMP SUM OR INSTALLMENTS.—Assign24 ment or special duty pay under subsection (a) may 

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1 stallments other than monthly, as determined by the 

2 Secretary concerned. 

3 ‘‘(2) MAXIMUM MONTHLY AMOUNT.—The max4 imum monthly amount of assignment or special duty 

5 pay may not exceed $5,000. 

6 ‘‘(3) MAXIMUM LUMP SUM AMOUNT.—The 

7 amount of a lump sum payment of assignment or 

8 special duty pay payable to a member may not ex9 ceed the amount equal to the product of— 

10 ‘‘(A) the maximum monthly rate author11 ized under paragraph (2) at the time the mem12 ber enters into a written agreement under sub13 section (c); and 

14 ‘‘(B) the number of continuous months in 

15 the period for which assignment or special duty 

16 pay will be paid pursuant to the agreement. 

17 ‘‘(4) MAXIMUM INSTALLMENT AMOUNT.—The 

18 amount of each installment payment of assignment 

19 or special duty pay payable to a member on an in20 stallment basis may not exceed the amount equal 

21 to— 

22 ‘‘(A) the product of— 

23 ‘‘(i) a monthly rate specified in the 

24 written agreement entered into under sub25 section (c), which monthly rate may not 


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1 exceed the maximum monthly rate author2 ized under paragraph (2) at the time the 

3 member enters into the agreement; and 

4 ‘‘(ii) the number of continuous 

5 months in the period for which the assign6 ment or special duty pay will be paid; di7 vided by 

8 ‘‘(B) the number of installments over such 

9 period. 

10 ‘‘(5) EFFECT OF EXTENSION.—If a member ex11 tends an assignment or performance of duty speci12 fied in an agreement with the Secretary concerned 

13 under subsection (c), assignment or special duty pay 

14 for the period of the extension may be paid on a 

15 monthly basis, in a lump sum, or in installments, 

16 consistent with this subsection. 

17 ‘‘(c) WRITTEN AGREEMENT.— 

18 ‘‘(1) DISCRETIONARY FOR MONTHLY PAY19 MENTS.—The Secretary concerned may require a 

20 member to enter into a written agreement with the 

21 Secretary in order to qualify for the payment of as22 signment or special duty pay on a monthly basis. 

23 The written agreement shall specify the period for 

24 which the assignment or special duty pay will be 


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1 paid to the member and the monthly rate of the as2 signment or special duty pay. 

3 ‘‘(2) REQUIRED FOR LUMP SUM OR INSTALL4 MENT PAYMENTS.—The Secretary concerned shall 

5 require a member to enter into a written agreement 

6 with the Secretary in order to qualify for payment 

7 of assignment or special duty pay on a lump sum or 

8 installment basis. The written agreement shall speci9 fy the period for which the assignment or special 

10 duty pay will be paid to the member and the amount 

11 of the lump sum or each periodic installment. 

12 ‘‘(d) RESERVE COMPONENT MEMBERS PERFORMING

13 INACTIVE DUTY TRAINING.—A member of a reserve com14 ponent entitled to compensation under section 206 of this 

15 title who is authorized assignment or special duty pay 

16 under this section may be paid an amount of assignment 

17 or special duty pay that is proportionate to the compensa18 tion received by the member under section 206 of this title 

19 for inactive-duty training. 

20 ‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW21 ANCES.—Assignment or special duty pay paid to a mem22 ber under this section is in addition to any other pay and 

23 allowances to which a member is entitled. 

24 ‘‘(f) REPAYMENT.—A member who receives assign25 ment or special duty pay under this section and who fails 


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1 to fulfill the eligibility requirements under subsection (a) 

2 shall be subject to the repayment provisions of section 373 

3 of this title. 

4 ‘‘(g) REGULATIONS.—This section shall be adminis5 tered under regulations prescribed by— 

6 ‘‘(1) the Secretary of Defense, with respect to 

7 the armed forces under the jurisdiction of the Sec8 retary of Defense; 

9 ‘‘(2) the Secretary of Homeland Security, with 

10 respect to the Coast Guard when it is not operating 

11 as a service in the Navy; 

12 ‘‘(3) the Secretary of Health and Human Serv13 ices, with respect to the commissioned corps of the 

14 Public Health Service; and 

15 ‘‘(4) the Secretary of Commerce, with respect 

16 to the National Oceanic and Atmospheric Adminis17 tration. 

18 ‘‘§ 353. Skill incentive pay or proficiency bonus 

19 ‘‘(a) SKILL INCENTIVE PAY.—The Secretary con20 cerned may pay a monthly skill incentive pay to a member 

21 of a regular or reserve component of the uniformed serv22 ices who— 

23 ‘‘(1) is entitled to basic pay under section 204 

24 of this title or compensation under section 206 of 

25 this title; and 


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1 ‘‘(2) serves in a career field or skill designated 

2 as critical by the Secretary concerned. 

3 ‘‘(b) SKILL PROFICIENCY BONUS.—The Secretary 

4 concerned may pay a proficiency bonus to a member of 

5 a regular or reserve component of the uniformed services 

6 who— 

7 ‘‘(1) is entitled to basic pay under section 204 

8 of this title or compensation under section 206 of 

9 this title; and 

10 ‘‘(2) is determined to have, and maintains, cer11 tified proficiency under subsection (d) in a skill des12 ignated as critical by the Secretary concerned. 

13 ‘‘(c) MAXIMUM AMOUNTS AND METHODS OF PAY14 MENT.— 

15 ‘‘(1) SKILL INCENTIVE PAY.—Skill incentive 

16 pay shall be in paid monthly in an amount not ex17 ceed $1,000 per month. 

18 ‘‘(2) PROFICIENCY BONUS.—A proficiency 

19 bonus may be paid in a lump sum at the beginning 

20 of the proficiency certification period or in periodic 

21 installments during the proficiency certification pe22 riod. The amount of the bonus may not exceed 

23 $12,000 per 12-month period of certification. The 

24 Secretary concerned may not vary the criteria or 


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1 rates for the proficiency bonus paid for officers and 

2 enlisted members. 

3 ‘‘(d) CERTIFIED PROFICIENCY FOR PROFICIENCY

4 BONUS.— 

5 ‘‘(1) CERTIFICATION REQUIRED.—Proficiency 

6 in a designated critical skill shall be subject to an7 nual certification by the Secretary concerned. 

8 ‘‘(2) DURATION OF CERTIFICATION.—A certifi9 cation period shall expire at the end of the one-year 

10 period beginning on the first day of the first month 

11 beginning on or after the certification date. 

12 ‘‘(3) WAIVER.—Notwithstanding paragraphs 

13 (1) and (2), the regulations prescribed under sub14 section (i) shall address the circumstances under 

15 which the Secretary concerned may waive the certifi16 cation requirement under paragraph (1) or extend a 

17 certification period under paragraph (2). 

18 ‘‘(e) WRITTEN AGREEMENT.— 

19 ‘‘(1) DISCRETIONARY FOR SKILL INCENTIVE

20 PAY.—The Secretary concerned may require a mem21 ber to enter into a written agreement with the Sec22 retary in order to qualify for the payment of skill in23 centive pay. The written agreement shall specify the 

24 period for which the skill incentive pay will be paid 

25 to the member and the monthly rate of the pay. 


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1 ‘‘(2) REQUIRED FOR PROFICIENCY BONUS.— 

2 The Secretary concerned shall require a member to 

3 enter into a written agreement with the Secretary in 

4 order to qualify for payment of a proficiency bonus. 

5 The written agreement shall specify the amount of 

6 the proficiency bonus, the period for which the 

7 bonus will be paid, and the initial certification or re8 certification necessary for payment of the proficiency 

9 bonus. 

10 ‘‘(f) RESERVE COMPONENT MEMBERS PERFORMING

11 INACTIVE DUTY TRAINING.— 

12 ‘‘(1) PRORATION.—A member of a reserve com13 ponent entitled to compensation under section 206 

14 of this title who is authorized skill incentive pay 

15 under subsection (a) may be paid an amount of skill 

16 incentive pay that is proportionate to the compensa17 tion received by the member under section 206 of 

18 this title for inactive-duty training. 

19 ‘‘(2) EXCEPTION FOR FOREIGN LANGUAGE PRO20 FICIENCY.—No reduction in the amount of skill in21 centive pay may be made under paragraph (1) in the 

22 case of a member of a reserve component who is au23 thorized skill incentive pay because of the member’s 

24 proficiency in a foreign language. 


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1 ‘‘(g) REPAYMENT.—A member who receives skill in2 centive pay or a proficiency bonus under this section and 

3 who fails to fulfill the eligibility requirement for receipt 

4 of the pay or bonus shall be subject to the repayment pro5 visions of section 373 of this title. 

6 ‘‘(h) RELATIONSHIP TO OTHER PAYS AND ALLOW7 ANCES.—A member may not be paid more than one pay 

8 under this section in any month for the same period of 

9 service and skill. A member may be paid skill incentive 

10 pay or the proficiency bonus under this section in addition 

11 to any other pay and allowances to which the member is 

12 entitled, except that the member may not be paid skill in13 centive pay or a proficiency bonus under this section and 

14 hazardous duty pay under section 351(a)(4) of this title 

15 for the same period of service in the same career field or 

16 skill. 

17 ‘‘(i) REGULATIONS.—This section shall be adminis18 tered under regulations prescribed by— 

19 ‘‘(1) the Secretary of Defense, with respect to 

20 the armed forces under the jurisdiction of the Sec21 retary of Defense; 

22 ‘‘(2) the Secretary of Homeland Security, with 

23 respect to the Coast Guard when it is not operating 

24 as a service in the Navy; 


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1 ‘‘(3) the Secretary of Health and Human Serv2 ices, with respect to the commissioned corps of the 

3 Public Health Service; and 

4 ‘‘(4) the Secretary of Commerce, with respect 

5 to the National Oceanic and Atmospheric Adminis6 tration. 

7 ‘‘SUBCHAPTER III—GENERAL PROVISIONS 

8 ‘‘§ 371. Relationship to other incentives and pays 

9 ‘‘(a) TREATMENT.—A bonus or incentive pay paid to 

10 a member of the uniformed services under subchapter II 

11 is in addition to any other pay and allowance to which 

12 a member is entitled, unless otherwise provided under this 

13 chapter. 

14 ‘‘(b) EXCEPTION.—A member may not receive a 

15 bonus or incentive pay under both subchapter I and sub16 chapter II for the same activity, skill, or period of service. 

17 ‘‘(c) RELATIONSHIP TO OTHER COMPUTATIONS.— 

18 The amount of a bonus or incentive pay to which a mem19 ber is entitled under subchapter II may not be included 

20 in computing the amount of— 

21 ‘‘(1) any increase in pay authorized by any 

22 other provision of this title; or 

23 ‘‘(2) any retired pay, retainer pay, separation 

24 pay, or disability severance pay. 


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1 ‘‘§ 372. Continuation of pays during hospitalization 

2 for wounds, injury, or illness incurred 

3 while on duty in a hostile fire area or ex4 posed to an event of hostile fire or other 

5 hostile action 

6 ‘‘(a) CONTINUATION OF PAYS.—Notwithstanding any 

7 other provision of law, the Secretary concerned may con8 tinue to pay all pay and allowances to a member of a reg9 ular or reserve component of a uniformed service, includ10 ing any bonus, incentive pay, or similar benefit, if the 

11 member— 

12 ‘‘(1) incurs a wound, injury, or illness in the 

13 line of duty while serving in a combat operation or 

14 a combat zone, while serving in a hostile fire area, 

15 or while exposed to a hostile fire event, as described 

16 under section 351 of this title; and 

17 ‘‘(2) is hospitalized for treatment of such 

18 wound, injury, or illness. 

19 ‘‘(b) DURATION.—The continuation of pay and allow20 ances of a member under subsection (a) shall expire at 

21 the end of the first month during which the member is 

22 no longer hospitalized for treatment. 

23 ‘‘(c) DEFINITIONS.—In this section: 

24 ‘‘(1) The term ‘hospitalized for treatment’, with 

25 respect to a member, means the member— 


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1 ‘‘(A) is admitted as an inpatient in a mili2 tary treatment facility; or 

3 ‘‘(B) is residing in quarters or in a facility 

4 affiliated with the military health care system 

5 for the purposes of receiving extensive out6 patient rehabilitation or other medical care. 

7 ‘‘(2) The term ‘bonus, incentive pay, or similar 

8 benefit’ means a bonus, incentive pay, special pay, or 

9 similar payment, or an educational benefit or sti10 pend, paid to a member of the uniformed services 

11 under this title or title 10. 

12 ‘‘§ 373. Repayment of unearned portion of bonus, in13 centive pay, or similar benefit when con14 ditions of payment not met 

15 ‘‘(a) REPAYMENT.—Except as provided in subsection 

16 (b), a member of the uniformed services who is paid a 

17 bonus, incentive pay, or similar benefit, the receipt of 

18 which is contingent upon the member’s satisfaction of cer19 tain service or eligibility requirements, shall repay to the 

20 United States any unearned portion of the bonus, incen21 tive pay, or similar benefit if the member fails to satisfy 

22 any such service or eligibility requirement. 

23 ‘‘(b) EXCEPTIONS.—The regulations prescribed to 

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1 mining the circumstances under which an exception to the 

2 required repayment may be granted. 

3 ‘‘(c) EFFECT OF BANKRUPTCY.—An obligation to 

4 repay the United States under this section is, for all pur5 poses, a debt owed the United States. A discharge in bank6 ruptcy under title 11 does not discharge a person from 

7 such debt if the discharge order is entered less than five 

8 years after— 

9 ‘‘(1) the date of the termination of the agree10 ment or contract on which the debt is based; or 

11 ‘‘(2) in the absence of such an agreement or 

12 contract, the date of the termination of the service 

13 on which the debt is based. 

14 ‘‘(d) DEFINITIONS.—In this section: 

15 ‘‘(1) The term ‘bonus, incentive pay, or similar 

16 benefit’ means a bonus, incentive pay, special pay, or 

17 similar payment, or an educational benefit or sti18 pend, paid to a member of the uniformed services 

19 under a provision of law that refers to the repay20 ment requirements of this section or section 303a(e) 

21 of this title. 

22 ‘‘(2) The term ‘service’ refers to an obligation 

23 willingly undertaken by a member of the uniformed 

24 services, in exchange for a bonus, incentive pay, or 

25 similar benefit offered by the Secretary concerned— 


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1 ‘‘(A) to a regular or reserve component 

2 member who remains on active duty or in an 

3 active status; 

4 ‘‘(B) to perform duty in a specified skill, 

5 with or without a specified qualification or cre6 dential; 

7 ‘‘(C) to perform duty in a specified assign8 ment, location or unit; or 

9 ‘‘(D) to perform duty for a specified period 

10 of time. 

11 ‘‘§ 374. Regulations 

12 ‘‘This subchapter shall be administered under regula13 tions prescribed by— 

14 ‘‘(1) the Secretary of Defense, with respect to 

15 the armed forces under the jurisdiction of the Sec16 retary of Defense; 

17 ‘‘(2) the Secretary of Homeland Security, with 

18 respect to the Coast Guard when it is not operating 

19 as a service in the Navy; 

20 ‘‘(3) the Secretary of Health and Human Serv21 ices, with respect to the commissioned corps of the 

22 Public Health Service; and 

23 ‘‘(4) the Secretary of Commerce, with respect 

24 to the National Oceanic and Atmospheric Adminis25 tration.’’. 


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1 (b) TRANSFER OF 15-YEAR CAREER STATUS BONUS

2 TO SUBCHAPTER II.— 

3 (1) TRANSFER.—Section 322 of title 37, United 

4 States Code, is transferred to appear after section 

5 353 of subchapter II of chapter 5 of such title, as 

6 added by subsection (a), and is redesignated as sec7 tion 354. 

8 (2) CONFORMING AMENDMENT.—Subsection (f) 

9 of such section, as so transferred and redesignated, 

10 is amended by striking ‘‘section 303a(e)’’ and insert11 ing ‘‘section 373’’. 

12 (3) CROSS REFERENCES.—Sections 1401a, 

13 1409(b)(2), and 1410 of title 10, United States 

14 Code, are amended by striking ‘‘section 322’’ each 

15 place it appears and inserting ‘‘section 322 or 354’’. 

16 (c) TRANSFER OF RETENTION INCENTIVES FOR

17 MEMBERS QUALIFIED IN CRITICAL MILITARY SKILLS OR

18 ASSIGNED TO HIGH PRIORITY UNITS.— 

19 (1) TRANSFER.—Section 323 of title 37, United 

20 States Code, as amended by sections 614(e) and 

21 621, is transferred to appear after section 354 of 

22 subchapter II of chapter 5 of such title, as trans23 ferred and redesignated by subsection (b)(1), and is 

24 redesignated as section 355. 


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1 (2) CONFORMING AMENDMENT.—Subsection (g) 

2 of such section, as so transferred and redesignated, 

3 is amended by striking ‘‘section 303a(e)’’ and insert4 ing ‘‘section 373’’. 

5 (d) CLERICAL AMENDMENTS.—The table of sections 

6 at the beginning of chapter 5 of title 37, United States 

7 Code, is amended to read as follows: 

‘‘SUBCHAPTER I—EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS

AUTHORITIES

‘‘Sec. 

‘‘301. Incentive pay: hazardous duty. 

‘‘301a. Incentive pay: aviation career. 

‘‘301b. Special pay: aviation career officers extending period of active duty. 

‘‘301c. Incentive pay: submarine duty. 

‘‘301d. Multiyear retention bonus: medical officers of the armed forces. 

‘‘301e. Multiyear retention bonus: dental officers of the armed forces. 

‘‘302. Special pay: medical officers of the armed forces. 

‘‘302a. Special pay: optometrists. 

‘‘302b. Special pay: dental officers of the armed forces. 

‘‘302c. Special pay: psychologists and nonphysician health care providers. 

‘‘302d. Special pay: accession bonus for registered nurses. 

‘‘302e. Special pay: nurse anesthetists. 

‘‘302f. Special pay: reserve, recalled, or retained health care officers. 

‘‘302g. Special pay: Selected Reserve health care professionals in critically short 

wartime specialties. 

‘‘302h. Special pay: accession bonus for dental officers. 

‘‘302i. Special pay: pharmacy officers. 

‘‘302j. Special pay: accession bonus for pharmacy officers. 

‘‘302k. Special pay: accession bonus for medical officers in critically short wartime specialties. 

‘‘302l. Special pay: accession bonus for dental specialist officers in critically 

short wartime specialties. 

‘‘303. Special pay: veterinarians. 

‘‘303a. Special pay: general provisions. 

‘‘303b. Waiver of board certification requirements. 

‘‘304. Special pay: diving duty. 

‘‘305. Special pay: hardship duty pay. 

‘‘305a. Special pay: career sea pay. 

‘‘305b. Special pay: service as member of Weapons of Mass Destruction Civil 

Support Team. 

‘‘306. Special pay: officers holding positions of unusual responsibility and of 

critical nature. 

‘‘306a. Special pay: members assigned to international military headquarters. 

‘‘307. Special pay: special duty assignment pay for enlisted members. 

‘‘307a. Special pay: assignment incentive pay. 

‘‘308. Special pay: reenlistment bonus. 


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‘‘308b. Special pay: reenlistment bonus for members of the Selected Reserve. 

‘‘308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve. 

‘‘308d. Special pay: members of the Selected Reserve assigned to certain high 

priority units. 

‘‘308g. Special pay: bonus for enlistment in elements of the Ready Reserve other 

than the Selected Reserve. 

‘‘308h. Special pay: bonus for reenlistment, enlistment, or voluntary extension 

of enlistment in elements of the Ready Reserve other than the 

Selected Reserve. 

‘‘308i. Special pay: prior service enlistment bonus. 

‘‘308j. Special pay: affiliation bonus for officers in the Selected Reserve. 

‘‘309. Special pay: enlistment bonus. 

‘‘310. Special pay: duty subject to hostile fire or imminent danger. 

‘‘312. Special pay: nuclear-qualified officers extending period of active duty. 

‘‘312b. Special pay: nuclear career accession bonus. 

‘‘312c. Special pay: nuclear career annual incentive bonus. 

‘‘314. Special pay or bonus: qualified members extending duty at designated locations overseas. 

‘‘315. Special pay: engineering and scientific career continuation pay. 

‘‘316. Special pay: bonus for members with foreign language proficiency. 

‘‘317. Special pay: officers in critical acquisition positions extending period of 

active duty. 

‘‘318. Special pay: special warfare officers extending period of active duty. 

‘‘319. Special pay: surface warfare officer continuation pay. 

‘‘320. Incentive pay: career enlisted flyers. 

‘‘321. Special pay: judge advocate continuation pay. 

‘‘324. Special pay: accession bonus for new officers in critical skills. 

‘‘325. Incentive bonus: savings plan for education expenses and other contingencies. 

‘‘326. Incentive bonus: conversion to military occupational specialty to ease personnel shortage. 

‘‘327. Incentive bonus: transfer between armed forces. 

‘‘328. Combat-related injury rehabilitation pay. 

‘‘329. Incentive bonus: retired members and reserve component members volunteering for high-demand, low-density assignments. 

‘‘330. Special pay: accession bonus for officer candidates. 

‘‘SUBCHAPTER II—CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND

BONUS AUTHORITIES

‘‘331. General bonus authority for enlisted members. 

‘‘332. General bonus authority for officers. 

‘‘333. Special bonus and incentive pay authorities for nuclear officers. 

‘‘334. Special aviation incentive pay and bonus authorities for officers. 

‘‘335. Special bonus and incentive pay authorities for officers in health professions. 

‘‘351. Hazardous duty pay. 

‘‘352. Assignment pay or special duty pay. 

‘‘353. Skill incentive pay or proficiency bonus. 

‘‘354. Special pay: 15-year career status bonus for members entering service on 

or after August 1, 1986. 

‘‘355. Special pay: retention incentives for members qualified in critical military 

skills or assigned to high priority units. 

‘‘SUBCHAPTER III—GENERAL PROVISIONS


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‘‘371. Relationship to other incentives and pays. 

‘‘372. Continuation of pays during hospitalization for wounds, injury, or illness 

incurred while on duty in a hostile fire area or exposed to an 

event of hostile fire or other hostile action. 

‘‘373. Repayment of unearned portion of bonus, incentive pay, or similar benefit 

when conditions of payment not met. 

‘‘374. Regulations.’’. 

1 SEC. 662. TRANSITIONAL PROVISIONS. 

2 (a) IMPLEMENTATION PLAN.— 

3 (1) DEVELOPMENT.—The Secretary of Defense 

4 shall develop a plan to implement subchapters II 

5 and III of chapter 5 of title 37, United States Code, 

6 as added by section 661(a), and to correspondingly 

7 transition all of the special and incentive pay pro8 grams for members of the uniformed services solely 

9 to provisions of such subchapters. 

10 (2) SUBMISSION.—Not later than one year after 

11 the date of the enactment of this Act, the Secretary 

12 shall submit the implementation plan to the congres13 sional defense committees. 

14 (b) TRANSITION PERIOD.—During a transition pe15 riod of not more than 10 years beginning on the date of 

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

17 Secretary of a military department, and the Secretaries 

18 referred to in subsection (c) may continue to use the au19 thorities in provisions in subchapter I of chapter 5 of title 

20 37, United States Code, as designated by section 661(a), 

21 but subject to the terms of such provisions and such modi22 fications as the Secretary of Defense may include in the 


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1 implementation plan, to provide bonuses and special and 

2 incentive pays for members of the uniformed services. 

3 (c) COORDINATION.—The Secretary of Defense shall 

4 prepare the implementation plan in coordination with— 

5 (1) the Secretary of Homeland Security, with 

6 respect to the Coast Guard; 

7 (2) the Secretary of Health and Human Serv8 ices, with respect to the commissioned corps of the 

9 Public Health Service; and 

10 (3) the Secretary of Commerce, with respect to 

11 the National Oceanic and Atmospheric Administra12 tion. 

13 (d) NO EFFECT ON FISCAL YEAR 2008 OBLIGA14 TIONS.—During fiscal year 2008, obligations incurred 

15 under subchapters I, II, and III of chapter 5 of title 37, 

16 United States Code, as amended by section 661, to provide 

17 bonuses, incentive pays, special pays, and similar pay18 ments to members of the uniformed services under such 

19 subchapters may not exceed the obligations that would be 

20 incurred in the absence of the amendments made by such 

21 section. 


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1 Subtitle G—Other Matters 

2 SEC. 671. EXPANSION OF EDUCATION LOAN REPAYMENT 

3 PROGRAM FOR MEMBERS OF THE SELECTED 

4 RESERVE. 

5 (a) ADDITIONAL EDUCATIONAL LOANS ELIGIBLE

6 FOR REPAYMENT.—Paragraph (1) of subsection (a) of 

7 section 16301 of title 10, United States Code, is amend8 ed— 

9 (1) by striking ‘‘or’’ at the end of subparagraph 

10 (B); 

11 (2) by striking the period at the end of sub12 paragraph (C) and inserting ‘‘; or’’; and 

13 (3) by adding at the end the following new sub14 paragraph: 

15 ‘‘(D) any loan incurred for educational purposes 

16 made by a lender that is— 

17 ‘‘(i) an agency or instrumentality of a 

18 State; 

19 ‘‘(ii) a financial or credit institution (in20 cluding an insurance company) that is subject 

21 to examination and supervision by an agency of 

22 the United States or any State; 

23 ‘‘(iii) a pension fund approved by the Sec24 retary for purposes of this section; or 


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1 ‘‘(iv) a nonprofit private entity designated 

2 by a State, regulated by that State, and ap3 proved by the Secretary for purposes of this 

4 section.’’. 

5 (b) PARTICIPATION OF OFFICERS IN PROGRAM.— 

6 Such subsection is further amended— 

7 (1) in paragraph (2)— 

8 (A) by striking ‘‘Except as provided in 

9 paragraph (3), the Secretary’’ and inserting 

10 ‘‘The Secretary’’; and 

11 (B) by striking ‘‘an enlisted member of the 

12 Selected Reserve of the Ready Reserve of an 

13 armed force in a reserve component and mili14 tary specialty’’ and inserting ‘‘a member of the 

15 Selected Reserve of the Ready Reserve of an 

16 armed force in a reserve component and in an 

17 officer program or military specialty’’; and 

18 (2) by striking paragraph (3). 

19 (c) CLERICAL AMENDMENTS.— 

20 (1) SECTION HEADING.—The heading of such 

21 section is amended to read as follows: 

22 ‘‘§ 16301. Education loan repayment program: mem23 bers of Selected Reserve’’. 

24 (2) TABLE OF SECTIONS.—The table of sections 

25 at the beginning of chapter 1609 of such title is 


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1 amended by striking the item relating to section 

2 16301 and inserting the following new item: 

‘‘16301. Education loan repayment program: members of Selected Reserve.’’. 

3 SEC. 672. ENSURING ENTRY INTO UNITED STATES AFTER 

4 TIME ABROAD FOR PERMANENT RESIDENT 

5 ALIEN MILITARY SPOUSES AND CHILDREN. 

6 Section 284 of the Immigration and Nationality Act 

7 (8 U.S.C. 1354) is amended— 

8 (1) by striking ‘‘Nothing’’ and inserting ‘‘(a) 

9 Nothing’’; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(b) In the case of a person lawfully admitted for 

13 permanent residence who is the spouse or child of a mem14 ber of the Armed Forces of the United States, is author15 ized to accompany such member and reside abroad with 

16 the member pursuant to the member’s official orders, and 

17 is so accompanying and residing with the member (in mar18 ital union if a spouse), such residence and physical pres19 ence abroad shall not be treated as— 

20 ‘‘(1) an abandonment or relinquishment of law21 ful permanent resident status for purposes of section 

22 101(a)(13)(C)(i); or 

23 ‘‘(2) an absence from the United States for 

24 purposes of section 101(a)(13)(C)(ii).’’. 


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1 SEC. 673. OVERSEAS NATURALIZATION FOR MILITARY 

2 SPOUSES AND CHILDREN. 

3 (a) SPOUSES.—Section 319 of the Immigration and 

4 Nationality Act (8 U.S.C. 1430) is amended by adding 

5 at the end the following new subsection: 

6 ‘‘(e)(1) In the case of a person lawfully admitted for 

7 permanent residence in the United States who is the 

8 spouse of a member of the Armed Forces of the United 

9 States, is authorized to accompany such member and re10 side abroad with the member pursuant to the member’s 

11 official orders, and is so accompanying and residing with 

12 the member in marital union, such residence and physical 

13 presence abroad shall be treated, for purposes of sub14 section (a) and section 316(a), as residence and physical 

15 presence in— 

16 ‘‘(A) the United States; and 

17 ‘‘(B) any State or district of the Department of 

18 Homeland Security in the United States. 

19 ‘‘(2) Notwithstanding any other provision of law, a 

20 spouse described in paragraph (1) shall be eligible for nat21 uralization proceedings oversees pursuant to section 

22 1701(d) of the National Defense Authorization Act for 

23 Fiscal Year 2004 (Public Law 108–136; 8 U.S.C. 

24 1443a).’’. 


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1 (b) CHILDREN.—Section 322 of the Immigration and 

2 Nationality Act (8 U.S.C. 1433) is amended by adding 

3 at the end the following new subsection: 

4 ‘‘(d) In the case of a child of a member of the Armed 

5 Forces of the United States who is authorized to accom6 pany such member and reside abroad with the member 

7 pursuant to the member’s official orders, and is so accom8 panying and residing with the member— 

9 ‘‘(1) any period of time during which the mem10 ber of the Armed Forces is residing abroad pursuant 

11 to official orders shall be treated, for purposes of 

12 subsection (a)(2)(A), as physical presence in the 

13 United States; 

14 ‘‘(2) subsection (a)(5) shall not apply; and 

15 ‘‘(3) the oath of allegiance described in sub16 section (b) may be subscribed to abroad pursuant to 

17 section 1701(d) of the National Defense Authoriza18 tion Act for Fiscal Year 2004 (Public Law 108–136; 

19 8 U.S.C. 1443a).’’. 

20 (c) OVERSEAS NATURALIZATION AUTHORITY.—Sec21 tion 1701(d) of the National Defense Authorization Act 

22 for Fiscal Year 2004 (Public Law 108–136; 8 U.S.C. 

23 1443a) is amended— 


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1 (1) in the subsection heading, by inserting 

2 ‘‘AND THEIR SPOUSES AND CHILDREN’’ after 

3 ‘‘FORCES’’; and 

4 (2) by inserting ‘‘, and persons made eligible 

5 for naturalization by section 319(e) or 322(d) of 

6 such Act,’’ after ‘‘Armed Forces’’. 

7 (d) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on the date of enactment of 

9 this Act and apply to any application for naturalization 

10 or issuance of a certificate of citizenship pending on or 

11 after such date. 

12 SEC. 674. POSTAL BENEFITS PROGRAM FOR MEMBERS OF 

13 THE ARMED FORCES SERVING IN IRAQ OR 

14 AFGHANISTAN. 

15 (a) AVAILABILITY OF POSTAL BENEFITS.—The Sec16 retary of Defense, in consultation with the United States 

17 Postal Service, shall provide for a program under which 

18 postal benefits are provided to qualified individuals in ac19 cordance with this section. 

20 (b) QUALIFIED INDIVIDUAL.—In this section, the 

21 term ‘‘qualified individual’’ means a member of the Armed 

22 Forces on active duty (as defined in section 101 of title 

23 10, United States Code) who— 

24 (1) is serving in Iraq or Afghanistan; or 


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1 (2) is hospitalized at a facility under the juris2 diction of the Department of Defense as a result of 

3 a disease or injury incurred as a result of service in 

4 Iraq or Afghanistan. 

5 (c) POSTAL BENEFITS DESCRIBED.— 

6 (1) VOUCHERS.—The postal benefits provided 

7 under the program shall consist of such coupons or 

8 other similar evidence of credit, whether in printed, 

9 electronic, or other format (in this section referred 

10 to as a ‘‘voucher’’), as the Secretary of Defense, in 

11 consultation with the Postal Service, shall determine, 

12 which entitle the bearer or user to make qualified 

13 mailings free of postage. 

14 (2) QUALIFIED MAILING.—In this section, the 

15 term ‘‘qualified mailing’’ means the mailing of a sin16 gle mail piece which— 

17 (A) is first-class mail (including any 

18 sound- or video-recorded communication) not 

19 exceeding 13 ounces in weight and having the 

20 character of personal correspondence or parcel 

21 post not exceeding 10 pounds in weight; 

22 (B) is sent from within an area served by 

23 a United States post office; and 

24 (C) is addressed to a qualified individual. 


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1 (3) COORDINATION RULE.—Postal benefits 

2 under the program are in addition to, and not in lieu 

3 of, any reduced rates of postage or other similar 

4 benefits which might otherwise be available by or 

5 under law, including any rates of postage resulting 

6 from the application of section 3401(b) of title 39, 

7 United States Code. 

8 (d) NUMBER OF VOUCHERS.—A member of the 

9 Armed Forces shall be eligible for one voucher for every 

10 second month in which the member is a qualified indi11 vidual. 

12 (e) LIMITATIONS ON USE; DURATION.—A voucher 

13 may not be used— 

14 (1) for more than a single qualified mailing; or 

15 (2) after the earlier of— 

16 (A) the expiration date of the voucher, as 

17 designated by the Secretary of Defense; or 

18 (B) the end of the one-year period begin19 ning on the date on which the regulations pre20 scribed under subsection (f) take effect. 

21 (f) REGULATIONS.—Not later than 30 days after the 

22 date of the enactment of this Act, the Secretary of Defense 

23 (in consultation with the Postal Service) shall prescribe 

24 such regulations as may be necessary to carry out the pro25 gram, including— 


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1 (1) procedures by which vouchers will be pro2 vided or made available in timely manner to quali3 fied individuals; and 

4 (2) procedures to ensure that the number of 

5 vouchers provided or made available with respect to 

6 any qualified individual complies with subsection (d). 

7 (g) TRANSFERS TO POSTAL SERVICE.— 

8 (1) BASED ON ESTIMATES.—The Secretary of 

9 Defense shall transfer to the Postal Service, out of 

10 amounts available to carry out the program and in 

11 advance of each calendar quarter during which post12 al benefits may be used under the program, an 

13 amount equal to the amount of postal benefits that 

14 the Secretary estimates will be used during such 

15 quarter, reduced or increased (as the case may be) 

16 by any amounts by which the Secretary finds that 

17 a determination under this section for a prior quar18 ter was greater than or less than the amount finally 

19 determined for such quarter. 

20 (2) BASED ON FINAL DETERMINATION.—A 

21 final determination of the amount necessary to cor22 rect any previous determination under this section, 

23 and any transfer of amounts between the Postal 

24 Service and the Department of Defense based on 

25 that final determination, shall be made not later 


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1 than six months after the end of the one-year period 

2 referred to in subsection (e)(2)(B). 

3 (3) CONSULTATION REQUIRED.—All estimates 

4 and determinations under this subsection of the 

5 amount of postal benefits under the program used in 

6 any period shall be made by the Secretary of De7 fense in consultation with the Postal Service. 

8 (h) FUNDING.— 

9 (1) AUTHORIZATION OF APPROPRIATIONS.—Of 

10 the amounts authorized to be appropriated in section 

11 421 for military personnel for fiscal year 2008, 

12 $10,000,000 shall be for postal benefits provided in 

13 this section. 

14 (2) OFFSETTING REDUCTION.—Funds author15 ized to be appropriated in section 101(5) for the 

16 Army in fiscal year 2008 for other procurement are 

17 reduced by $10,000,000, to be derived from Joint 

18 High Speed Vessel. 

19 SEC. 675. LEAVE FOR MILITARY FAMILIES. 

20 (a) ENTITLEMENT TO LEAVE.—Section 102(a)(1) of 

21 the Family and Medical Leave Act of 1993 (29 U.S.C. 

22 2612(a)(1)) is amended by adding at the end the following 

23 new subparagraph: 

24 ‘‘(E) Because of any qualifying exigency 

25 (as the Secretary shall, by regulation, deterVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00364 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 mine) arising out of the fact that the spouse, or 

2 a son, daughter, or parent of the employee is on 

3 active duty (or has been notified of an impend4 ing call or order to active duty) in the Armed 

5 Forces in support of a contingency operation.’’. 

6 (b) INTERMITTENT OR REDUCED LEAVE SCHED7 ULE.—Section 102(b)(1) of such Act (29 U.S.C. 

8 2612(b)(1)) is amended by inserting after the second sen9 tence the following new sentence: ‘‘Subject to subsection 

10 (e)(3) and section 103(f), leave under subsection (a)(1)(E) 

11 may be taken intermittently or on a reduced leave sched12 ule.’’. 

13 (c) SUBSTITUTION OF PAID LEAVE.—Section 

14 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is 

15 amended by striking ‘‘or (C)’’ and inserting ‘‘(C), or (E)’’. 

16 (d) NOTICE.—Section 102(e) of such Act (29 U.S.C. 

17 2612(e)) is amended by adding at the end the following 

18 new paragraph: 

19 ‘‘(3) NOTICE FOR LEAVE DUE TO ACTIVE DUTY

20 OF FAMILY MEMBER.—In any case in which the ne21 cessity for leave under subsection (a)(1)(E) is fore22 seeable based on notification of an impending call or 

23 order to active duty in support of a contingency op24 eration, the employee shall provide such notice to the 

25 employer as is reasonable and practicable.’’. 


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1 (e) CERTIFICATION.—Section 103 of such Act (29 

2 U.S.C. 2613) is amended by adding at the end the fol3 lowing new subsection: 

4 ‘‘(f) CERTIFICATION FOR LEAVE DUE TO ACTIVE

5 DUTY OF FAMILY MEMBER.—An employer may require 

6 that a request for leave under section 102(a)(1)(E) be 

7 supported by a certification issued at such time and in 

8 such manner as the Secretary may by regulation prescribe. 

9 If the Secretary issues a regulation requiring such certifi10 cation, the employee shall provide, in a timely manner, a 

11 copy of such certification to the employer.’’. 

12 (f) DEFINITION.—Section 101 of such Act (29 

13 U.S.C. 2611) is amended by adding at the end the fol14 lowing new paragraph: 

15 ‘‘(14) CONTINGENCY OPERATION.—The term 

16 ‘contingency operation’ has the same meaning given 

17 such term in section 101(a)(13) of title 10, United 

18 States Code.’’. 

19 TITLE VII—HEALTH CARE 

20 PROVISIONS 

Sec. 701. Extension of prohibition on increases in certain health care costs for 

members of the uniformed services. 

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

Sec. 703. Fair pricing under pharmacy benefits program. 

Sec. 704. Prohibition on conversion of military medical and dental positions to 

civilian medical and dental positions. 

Sec. 705. Establishment of Nurse Practitioner Program. 

Sec. 706. Services of mental health counselors. 

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


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Sec. 708. Stipend for members of Reserve Components for health care for certain dependents. 

Sec. 709. Joint Pathology Center. 

Sec. 710. Report on training in preservation of remains under combat or combat-related conditions. 

Sec. 711. Pre- and post-deployment assessments for the purpose of determining 

the cognitive functioning and brain health of deployed members 

of the Armed Forces. 

Sec. 712. Guaranteed funding for Walter Reed Army Medical Center. 

Sec. 713. Report and study on multiple vaccinations of members of the Armed 

Forces. 

1 SEC. 701. EXTENSION OF PROHIBITION ON INCREASES IN 

2 CERTAIN HEALTH CARE COSTS FOR MEM3 BERS OF THE UNIFORMED SERVICES. 

4 (a) EXTENSION OF PROHIBITION ON INCREASE IN

5 CHARGES UNDER CONTRACTS FOR MEDICAL CARE.— 

6 Section 1097(e) of title 10, United States Code, is amend7 ed by striking ‘‘2007’’ and inserting ‘‘2008’’. 

8 (b) EXTENSION OF PROHIBITION IN INCREASE IN

9 CHARGES FOR INPATIENT CARE.—Section 1086(b)(3) of 

10 title 10, United States Code, is amended by striking 

11 ‘‘2007.’’ and inserting ‘‘2008’’. 

12 (c) EXTENSION OF PROHIBITION ON INCREASE IN

13 PREMIUMS UNDER TRICARE COVERAGE FOR CERTAIN

14 MEMBERS IN THE SELECTED RESERVE.—Section 

15 1076d(d)(3) of title 10, United States Code, is amended 

16 by striking ‘‘2007’’ and inserting ‘‘2008’’. 

17 (d) EXTENSION OF PROHIBITION ON INCREASE IN

18 PREMIUMS UNDER TRICARE COVERAGE FOR MEMBERS

19 OF THE READY RESERVE.—Section 1076b(e)(3) of title 


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1 10, United States Code, is amended by striking ‘‘2007’’ 

2 and inserting ‘‘2008’’. 

3 SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN CO4 PAYMENTS UNDER RETAIL PHARMACY SYS5 TEM OF PHARMACY BENEFITS PROGRAM. 

6 During the period beginning on October 1, 2007, and 

7 ending on September 30, 2008, the cost sharing require8 ments established under paragraph (6) of section 

9 1074g(a) of title 10, United States Code, for pharma10 ceutical agents available through retail pharmacies cov11 ered by paragraph (2)(E)(ii) of such section may not ex12 ceed amounts as follows: 

13 (1) In the case of generic agents, $3. 

14 (2) In the case of formulary agents, $9. 

15 (3) In the case of nonformulary agents, $22. 

16 SEC. 703. FAIR PRICING UNDER PHARMACY BENEFITS PRO17 GRAM. 

18 Section 1074g(a) of title 10, United States Code, is 

19 amended by adding at the end the following new para20 graph: 

21 ‘‘(9)(A) In carrying out this subsection, the 

22 Secretary may, to the extent recommended by the 

23 Pharmacy and Therapeutics Committee in the 

24 course of reviewing any therapeutic class of pharma25 ceutical agents, exclude from the pharmacy benefits 


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1 program any pharmaceutical agent that is not pro2 vided to the Secretary consistent with the pricing 

3 standard set forth in subparagraph (B). 

4 ‘‘(B) The pricing standard referred to in sub5 paragraph (A) is that the price of any pharma6 ceutical agent made available to beneficiaries 

7 through all the means described in paragraph (2)(E) 

8 shall be the same as, or lower than, the price of the 

9 agent under section 8126 of title 38, United States 

10 Code.’’. 

11 SEC. 704. PROHIBITION ON CONVERSION OF MILITARY 

12 MEDICAL AND DENTAL POSITIONS TO CIVIL13 IAN MEDICAL AND DENTAL POSITIONS. 

14 (a) PROHIBITION.—The Secretary of a military de15 partment may not convert any military medical or dental 

16 position to a civilian medical or dental position on or after 

17 October 1, 2007. 

18 (b) REPORT.— 

19 (1) REQUIREMENT.—The Secretary of Defense 

20 shall submit to the congressional defense committees 

21 a report on conversions made during fiscal year 

22 2007 not later than 180 days after the enactment of 

23 this Act. 

24 (2) MATTERS COVERED.—The report shall in25 clude the following: 


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1 (A) The number of military medical or 

2 dental positions, by grade or band and spe3 cialty, converted to civilian medical or dental 

4 positions. 

5 (B) The results of a market survey in each 

6 affected area of the availability of civilian med7 ical and dental care providers in such area in 

8 order to determine whether there were civilian 

9 medical and dental care providers available in 

10 such area adequate to fill the civilian positions 

11 created by the conversion of military medical 

12 and dental positions to civilian positions in such 

13 area. 

14 (C) An analysis, by affected area, showing 

15 the extent to which access to health care and 

16 cost of health care was affected in both the di17 rect care and purchased care systems, including 

18 an assessment of the effect of any increased 

19 shifts in patient load from the direct care to the 

20 purchased care system, or any delays in receipt 

21 of care in either the direct or purchased care 

22 system because of the conversions. 

23 (D) The extent to which military medical 

24 and dental positions converted to civilian med25 ical or dental positions affected recruiting and 


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1 retention of uniformed medical and dental per2 sonnel. 

3 (E) A comparison of the full costs for the 

4 military medical and dental positions converted 

5 with the full costs for civilian medical and den6 tal positions, including expenses such as re7 cruiting, salary, benefits, training, and any 

8 other costs the Department identifies. 

9 (F) An assessment showing that the mili10 tary medical or dental positions converted were 

11 in excess of the military medical and dental po12 sitions needed to meet medical and dental read13 iness requirements of the uniformed services, as 

14 determined jointly by all the uniformed services. 

15 (c) DEFINITIONS.—In this section: 

16 (1) The term ‘‘military medical or dental posi17 tion’’ means a position for the performance of health 

18 care functions within the Armed Forces held by a 

19 member of the Armed Forces. 

20 (2) The term ‘‘civilian medical or dental posi21 tion’’ means a position for the performance of health 

22 care functions within the Department of Defense 

23 held by an employee of the Department or of a con24 tractor of the Department. 


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1 (3) The term ‘‘uniformed services’’ has the 

2 meaning given that term in section 1072(1) of title 

3 10, United States Code. 

4 (4) The term ‘‘conversion,’’ with respect to a 

5 military medical or dental position, means a change 

6 of the position to a civilian medical or dental posi7 tion, effective as of the date of the manning author8 ization document of the military department making 

9 the change (through a change in designation from 

10 military to civilian in the document, the elimination 

11 of the listing of the position as a military position 

12 in the document, or through any other means indi13 cating the change in the document or otherwise). 

14 (d) REPEAL.—Section 742 of the John Warner Na15 tional Defense Authorization Act for Fiscal Year 2007 

16 (Public Law 109–364; 120 Stat. 2306) is repealed. 

17 SEC. 705. ESTABLISHMENT OF NURSE PRACTITIONER PRO18 GRAM. 

19 The Secretary of Defense shall establish at the Uni20 formed Services University of the Health Sciences a grad21 uate education program for advanced-practice nursing. 

22 The Secretary shall, in consultation with the Secretaries 

23 of the military departments, determine programs of in24 struction leading to designation as a Nurse Practitioner, 

25 which shall include, at a minimum, family practice and 


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1 psychiatric or mental health. The program shall be de2 signed to ensure that graduates of the program are fully 

3 eligible to meet credentialing requirements of the military 

4 departments and at least one State. 

5 SEC. 706. SERVICES OF MENTAL HEALTH COUNSELORS. 

6 (a) REIMBURSEMENT OF MENTAL HEALTH COUN7 SELORS UNDER TRICARE.— 

8 (1) REIMBURSEMENT UNDER TRICARE.—Sec9 tion 1079(a)(8) of title 10, United States Code, is 

10 amended— 

11 (A) by inserting ‘‘or licensed or certified 

12 mental health counselors’’ after ‘‘certified mar13 riage and family therapists’’ both places it ap14 pears; and 

15 (B) by inserting ‘‘or licensed or certified 

16 mental health counselors’’ after ‘‘that the thera17 pists.’’ 

18 (2) AUTHORITY TO ASSESS MEDICAL OR PSY19 CHOLOGICAL NECESSITY OF SERVICE OR SUPPLY.— 

20 Section 1079(a)(13) of such title is amended by in21 serting ‘‘, licensed or certified mental health coun22 selor,’’ after ‘‘certified marriage and family thera23 pist’’. 

24 (b) SERVICES OF MENTAL HEALTH COUNSELORS.— 


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1 (1) AUTHORITY TO ENTER INTO PERSONAL

2 SERVICES CONTRACTS.—Section 704(c)(2) of the 

3 National Defense Authorization Act for Fiscal Year 

4 1995 (Public Law 103–337; 108 Stat. 2799; 10 

5 U.S.C. 1091 note) is amended by inserting ‘‘mental 

6 health counselors,’’ after ‘‘psychologists,’’. 

7 (2) APPLICABILITY OF LICENSURE REQUIRE8 MENT FOR HEALTH-CARE PROFESSIONALS.—Section 

9 1094 (e)(2) of title 10, United States Code, is 

10 amended by inserting ‘‘mental health counselor,’’ 

11 after ‘‘psychologist,’’. 

12 SEC. 707. EXTENSION OF PILOT PROGRAM FOR HEALTH 

13 CARE DELIVERY. 

14 (a) EXTENSION OF DURATION OF PILOT PRO15 GRAM.—Section 721(e) of the Ronald W. Reagan National 

16 Defense Authorization Act for Fiscal Year 2005 (Public 

17 Law 108–375; 10 U.S.C. 1092 note) is amended by strik18 ing ‘‘and 2007’’ and inserting ‘‘, 2007, 2008, 2009, and 

19 2010’’. 

20 (b) EXTENSION OF REPORT DEADLINE.—Section 

21 721(f) of such Act is amended by striking ‘‘July 1, 2007’’ 

22 and inserting ‘‘July 1, 2010’’. 

23 (c) REVISION IN SELECTION CRITERIA.—Section 

24 721(d)(2) of such Act is amended by striking ‘‘expected 


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1 to increase over the next five years’’ and inserting ‘‘has 

2 increased over the five years preceding 2008’’. 

3 (d) ADDITION TO REQUIREMENTS OF PILOT PRO4 GRAM.—Section 721(b) of such Act is amended— 

5 (1) by striking ‘‘and’’ at the end of paragraph 

6 (3); 

7 (2) by striking the period and inserting ‘‘; and’’ 

8 at the end of paragraph (4); and 

9 (3) by adding at the end the following: 

10 ‘‘(5) collaborate with State and local authorities 

11 to create an arrangement to share and exchange, be12 tween the Department of Defense and non-military 

13 health care systems, personal health information and 

14 data of military personnel and their families.’’. 

15 SEC. 708. STIPEND FOR MEMBERS OF RESERVE COMPO16 NENTS FOR HEALTH CARE FOR CERTAIN DE17 PENDENTS. 

18 The Secretary of Defense may pay a stipend to a 

19 member of a reserve component who is called or ordered 

20 to active duty for a period of more than 30 days for pur21 poses of maintaining civilian health care coverage for a 

22 dependant whom the Secretary determines to possess a 

23 special health care need that would be best met by remain24 ing in the member’s civilian health plan. In making such 

25 determination, the Secretary shall consider whether— 


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1 (1) the dependent of the member was receiving 

2 treatment for the special health care need before the 

3 call or order to active duty of the member; and 

4 (2) the call or order to active duty would result 

5 in an interruption in treatment or a change in 

6 health care provider for such treatment. 

7 SEC. 709. JOINT PATHOLOGY CENTER. 

8 (a) ESTABLISHMENT.—The Secretary of Defense 

9 shall establish a Joint Pathology Center located on the 

10 National Naval Medical Center in Bethesda, Maryland, 

11 that shall function as the reference center in pathology 

12 for the Department of Defense. 

13 (b) SERVICES.—The Joint Pathology Center shall 

14 provide, at a minimum, the following services: 

15 (1) Diagnostic pathology consultation in medi16 cine, dentistry, and veterinary sciences. 

17 (2) Pathology education, to include graduate 

18 medical education, including residency and fellow19 ship programs, and continuing medical education. 

20 (3) Diagnostic pathology research. 

21 SEC. 710. REPORT ON TRAINING IN PRESERVATION OF RE22 MAINS UNDER COMBAT OR COMBAT-RE23 LATED CONDITIONS. 

24 (a) REPORT REQUIRED.—The Secretary of Defense 

25 shall submit to the Committees on Armed Services of the 


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1 Senate and the House of Representatives a report on the 

2 requirements of section 567 of the John Warner National 

3 Defense Authorization Act for Fiscal Year 2007 (Public 

4 Law 109–364; 120 Stat. 2224; 10 U.S.C. 1481 note). 

5 (b) MATTERS COVERED.—The report shall include a 

6 detailed description of the implementation of such section, 

7 including— 

8 (1) where the training program is taking place; 

9 (2) who is providing the training; 

10 (3) the number of each type of military health 

11 care professional trained to date; and 

12 (4) what the training covers. 

13 (c) DEADLINE.—The report required by this section 

14 shall be submitted not later than 180 days after the date 

15 of the enactment of this Act. 

16 SEC. 711. PRE- AND POST-DEPLOYMENT ASSESSMENTS FOR 

17 THE PURPOSE OF DETERMINING THE COG18 NITIVE FUNCTIONING AND BRAIN HEALTH 

19 OF DEPLOYED MEMBERS OF THE ARMED 

20 FORCES. 

21 (a) ESTABLISHMENT.—The Secretary of Defense, in 

22 collaboration with the Secretaries of the military depart23 ments, shall establish a computer-based program that as24 sesses the cognitive functioning, in a pre- and post-deploy25 ment environment, of all members of the armed forces who 


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1 are deployed in support of the Global War on Terror, in2 cluding Operation Iraqi Freedom and Operation Enduring 

3 Freedom. 

4 (b) MINIMUM PROTOCOL REQUIREMENTS.—The pro5 gram required by subsection (a) shall include— 

6 (1) administration of computer-based 

7 neurocognitive assessments; 

8 (2) pre-deployment assessments to establish a 

9 neurocognitive baseline for members of the Armed 

10 Forces for future treatment; 

11 (3) a tool to assess mood states associated with 

12 post-traumatic stress syndrome; and 

13 (4) a standardized battery of tests to assess 

14 traumatic brain injury. 

15 (c) ASSESSMENTS.— 

16 (1) FREQUENCY.—The predeployment assess17 ment to baseline neurocognitive functioning shall be 

18 administered within 90 days prior to deployment. 

19 The post-deployment assessment shall be adminis20 tered within 45 days of return from theater. 

21 (2) REQUIREMENTS OF ASSESSMENT.—The 

22 computer-based neurocognitive assessments required 

23 by subsection (a) shall include the capability to be 

24 archived and stored on Department of Defense-based 

25 servers for future medical use. 


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1 (d) REPORT.—Not later than 9 months after the date 

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

3 submit to the Committees on Armed Services of the Sen4 ate and the House of Representatives a report on the im5 plementation of this section. 

6 SEC. 712. GUARANTEED FUNDING FOR WALTER REED ARMY 

7 MEDICAL CENTER. 

8 The amount of funds available for the commander of 

9 Walter Reed Army Medical Center for a fiscal year shall 

10 be not less than the amount expended by the commander 

11 of Walter Reed Army Medical Center in fiscal year 2006 

12 until the first fiscal year beginning after the date on which 

13 the Secretary of Defense certifies to the Committee on 

14 Armed Services of the Senate and the Committee on 

15 Armed Services of the House of Representatives that the 

16 expanded facilities at the National Naval Medical Center, 

17 Bethesda, Maryland, and DeWitt Army Community Hos18 pital, Fort Belvoir, Virginia, as described in section 

19 304(a), are completed, equipped, and staffed with suffi20 cient capacity to accept and provide at least the same level 

21 of care as patients received at Walter Reed Army Medical 

22 Center during fiscal year 2006. 


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1 SEC. 713. REPORT AND STUDY ON MULTIPLE VACCINA2 TIONS OF MEMBERS OF THE ARMED FORCES. 

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

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

5 of Defense shall submit to the Committees on Armed Serv6 ices of the Senate and the House of Representatives a re7 port on the Department’s policies for administering and 

8 evaluating the vaccination of members of the Armed 

9 Forces. 

10 (b) ELEMENTS.—The report required by subsection 

11 (a) shall include the following: 

12 (1) An assessment of the Department’s policies 

13 governing the administration of multiple vaccina14 tions in a 24-hour period, including the procedures 

15 providing for a full review of an individual’s medical 

16 history prior to the administration of multiple vac17 cinations, and whether such policies and procedures 

18 differ for members of the Armed Forces on active 

19 duty and members of reserve components. 

20 (2) An assessment of how the Department’s 

21 policies on multiple vaccinations in a 24-hour period 

22 conform to current regulations of the Food and 

23 Drug Administration and research performed or 

24 being performed by the Centers for Disease Control, 

25 other non-military Federal agencies, and non-federal 


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1 institutions on multiple vaccinations in a 24-hour pe2 riod. 

3 (3) An assessment of the Department’s proce4 dures for initiating investigations of deaths of mem5 bers of the Armed Forces in which vaccinations may 

6 have played a role, including whether such investiga7 tions can be requested by family members of the de8 ceased individuals. 

9 (4) The number of deaths of members of the 

10 Armed Forces since January 1, 2000, that the De11 partment has investigated for the potential role of 

12 vaccine administration, including both the number of 

13 deaths investigated that was alleged to have involved 

14 more than one vaccine administered in a given 24- 

15 hour period and the number of deaths investigated 

16 that was determined to have involved more than one 

17 vaccine administered in a given 24-hour period. 

18 (5) An assessment of the procedures for pro19 viding the Adjutants General of the various States 

20 and territories with up-to-date information on the ef21 fectiveness and potential allergic reactions and side 

22 effects of vaccines required to be taken by National 

23 Guard members. 

24 (6) An assessment of whether procedures are in 

25 place to provide that the Adjutants General of the 


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1 various States and territories retain updated medical 

2 records of each National Guard member called up 

3 for active duty. 

4 (c) STUDY REQUIRED.— 

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

6 shall conduct a study, in consultation with the Food 

7 and Drug Administration and the Centers for Dis8 ease Control, examining the safety and efficacy of 

9 administering multiple vaccinations within a 24-hour 

10 period to members of the Armed Forces. 

11 (2) DEADLINE.—The study required by para12 graph (1) shall be completed not later than 270 days 

13 after the date of the enactment of this Act and shall 

14 be submitted to the Committees on Armed Services 

15 of the Senate and the House of Representatives. 

16 TITLE VIII—ACQUISITION POL17 ICY, ACQUISITION MANAGE18 MENT, AND RELATED MAT19 TERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Definition of commercial services. 

Sec. 802. Acquisition workforce provisions. 

Sec. 803. Guidance on defense procurements made through contracts of other 

agencies. 

Sec. 804. Prohibition on procurement from beneficiaries of foreign subsidies. 

Sec. 805. Prohibition on procurement from companies in violation of the Iran 

and Syria Nonproliferation Act. 

Sec. 806. Lead systems integrators. 

Sec. 807. Procurement goal for Native Hawaiian-serving institutions and Alaska Native-serving institutions. 

Sec. 808. Reinvestment in domestic sources of strategic materials. 


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Sec. 809. Clarification of the protection of strategic materials critical to national security. 

Sec. 810. Debarment of contractors convicted of criminal violations of the Arms 

Export Control Act. 

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

Limitations 

Sec. 811. Change to the Truth in Negotiations Act exception for the acquisition 

of a commercial item. 

Sec. 812. Clarification of submission of cost or pricing data on noncommercial 

modifications of commercial items. 

Sec. 813. Plan for restricting Government-unique contract clauses on commercial contracts. 

Sec. 814. Extension of authority for use of simplified acquisition procedures for 

certain commercial items. 

Sec. 815. Extension of authority to fill shortage category positions for certain 

federal acquisition positions. 

Sec. 816. Extension of authority to carry out certain prototype projects. 

Sec. 817. Clarification of limited acquisition authority for special operations 

command. 

Sec. 818. Exemption of special operations command from certain requirements 

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

Sec. 819. Provision of authority to maintain equipment to unified combatant 

command for joint warfighting. 

Sec. 820. Market research. 

Subtitle C—Accountability in Contracting 

Sec. 821. Limitation on length of noncompetitive contracts. 

Sec. 822. Maximizing fixed-price procurement contracts. 

Sec. 823. Public disclosure of justification and approval documents for noncompetitive contracts. 

Sec. 824. Disclosure of Government contractor audit findings. 

Sec. 825. Study of acquisition workforce. 

Sec. 826. Report to Congress. 

Subtitle D—Contracts Relating to Iraq and Afghanistan 

Sec. 831. Memorandum of understanding on matters relating to contracting. 

Sec. 832. Comptroller General reviews and reports on contracting in Iraq and 

Afghanistan. 

Sec. 833. Definitions. 

Sec. 834. Competition for equipment supplied to Iraq and Afghanistan. 

Subtitle E—Other Matters 

Sec. 841. Rapid Commercial Information Technology Identification Demonstration Project. 

Sec. 842. Report to Congress required on delays in major phases of acquisition 

process for major automated information system programs. 

Sec. 843. Requirement for licensing of certain military designations and 

likenesses of weapons systems to toy and hobby manufacturers. 

Sec. 844. Change in grounds for waiver of limitation on service contract to acquire military flight simulator. 

Sec. 845. Evaluation of cost of compliance with requirement to buy certain articles from American sources. 


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Sec. 846. Requirements relating to waivers of certain domestic source limitations. 

Sec. 847. Multiple cost threshold breaches. 

Sec. 848. Phone cards. 

Sec. 849. Jurisdiction under Contract Disputes Act of 1978 over claims, disputes, and appeals arising out of maritime contracts. 

Sec. 850. Clarification of jurisdiction of the United States district courts to 

hear bid protest disputes involving maritime contracts. 

1 Subtitle A—Acquisition Policy and 

2 Management 

3 SEC. 801. DEFINITION OF COMMERCIAL SERVICES. 

4 (a) COMMERCIAL ITEM REGULATIONS TO BE USED

5 ONLY FOR COMMERCIAL SERVICES MEETING STATUTORY

6 DEFINITION.—The Administrator for Federal Procure7 ment Policy shall revise the Federal Acquisition Regula8 tion to ensure that only commercial services as defined in 

9 section 4(12)(F) of the Office of Federal Procurement 

10 Policy Act (41 U.S.C. 403(12)(F)) are procured under 

11 procedures set forth in Part 12 of the Federal Acquisition 

12 Regulation. In carrying out the revision, the Adminis13 trator shall remove the words ‘‘of a type’’ from the defini14 tion of commercial services to be procured under such Part 

15 12. 

16 (b) REQUIREMENT TO ANALYZE TWO OPTIONS FOR

17 PROCUREMENT OF SERVICES SIMILAR TO COMMERCIAL

18 SERVICES.—The Administrator for Federal Procurement 

19 Policy shall analyze the two options described in sub20 section (c) to determine which regulations would be in the 

21 best interest of the Government for the procurement of 


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1 services similar to commercial services. After completing 

2 the analysis, the Administrator shall revise the Federal 

3 Acquisition Regulation to include the option that the Ad4 ministrator has determined to be in the best interest of 

5 the Government. 

6 (c) OPTIONS FOR ANALYSIS.—The two options are 

7 as follows: 

8 (1) OPTION 1.—Part 12 of the Federal Acquisi9 tion, relating to acquisition of commercial items, 

10 with the following additional provisions: 

11 (A) Subject to subparagraph (B), the con12 tracting officer may request the following infor13 mation from the offeror: 

14 (i) Prices paid for the same or similar 

15 commercial items under comparable terms 

16 and conditions by both government and 

17 commercial customers. 

18 (ii) Information regarding price or 

19 cost that may support the price offered, 

20 such as wages, subcontracts, or material 

21 costs. 

22 (iii) Such other information as the 

23 Administrator considers appropriate. 


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1 (B) The contracting officer should not re2 quest more information than is necessary to de3 termine that an offered price is reasonable. 

4 (2) OPTION 2.—Part 15 of the Federal Acquisi5 tion Regulation, relating to contracting by negotia6 tion, as in effect on the date of the enactment of this 

7 Act. 

8 SEC. 802. ACQUISITION WORKFORCE PROVISIONS. 

9 (a) REPEAL OF SUNSET OF ACQUISITION WORK10 FORCE TRAINING FUND.—Section 37(h)(3) of the Office 

11 of Federal Procurement Policy Act (41 U.S.C. 433(h)(3)) 

12 is amended by striking subparagraph (H). 

13 (b) REQUIREMENT FOR SECTION ON ACQUISITION

14 WORKFORCE IN STRATEGIC HUMAN CAPITAL PLAN.— 

15 (1) IN GENERAL.—In the update of the stra16 tegic human capital plan for 2008, and in each sub17 sequent update, the Secretary of Defense shall in18 clude a separate section focused on the defense ac19 quisition workforce, including both military and civil20 ian personnel. 

21 (2) FUNDING.—The section shall contain— 

22 (A) an identification of the funding pro23 grammed for acquisition workforce training in 

24 the future years defense program; 


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1 (B) a determination by the Secretary of 

2 whether such funding is adequate; and 

3 (C) an evaluation of how such funding can 

4 be protected from being diverted to other uses. 

5 (3) AREAS OF NEED.—The section also shall 

6 identify any areas of need in the acquisition work7 force, including— 

8 (A) changes to the types of skills needed in 

9 the acquisition workforce; 

10 (B) incentives to retain in the acquisition 

11 workforce qualified, experienced acquisition 

12 workforce personnel; and 

13 (C) incentives for attracting new, high14 quality personnel to the acquisition workforce. 

15 (c) STRATEGIC HUMAN CAPITAL PLAN DEFINED.— 

16 In this section, the term ‘‘strategic human capital plan’’ 

17 means the strategic human capital plan required under 

18 section 1122 of the National Defense Authorization Act 

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

20 3452; 10 U.S.C. prec. 1580 note). 

21 SEC. 803. GUIDANCE ON DEFENSE PROCUREMENTS MADE 

22 THROUGH CONTRACTS OF OTHER AGENCIES. 

23 (a) GUIDANCE.—The Under Secretary of Defense for 

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1 ance on the use of interagency contracting by the Depart2 ment of Defense. 

3 (b) MATTERS COVERED.—The guidance shall in4 clude, at a minimum, the following provisions: 

5 (1) Items unique to the Department of Defense 

6 may not be acquired by interagency contracting. 

7 (2) Acquisition officials should make a good 

8 faith effort, including through the conduct of market 

9 research, if appropriate, to identify whether an item 

10 considered for interagency contracting is already 

11 being provided under a contract awarded by the De12 partment of Defense. 

13 (3) Acquisition officials shall ensure that, with 

14 respect to the outside agency involved in any pro15 curement through interagency contracting, any re16 quirements related to the procurement that are spe17 cific to the Department of Defense shall be identi18 fied and communicated to the agency, including rel19 evant requirements of the following: 

20 (A) The Federal Acquisition Regulation. 

21 (B) The Department of Defense Supple22 ment to the Federal Acquisition Regulation. 

23 (C) Appropriations laws. 

24 (D) Provisions in law or regulation that 

25 are unique to defense procurement and that 


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1 apply to the specific contract under consider2 ation, but that may not be included under sub3 paragraph (A), (B), or (C). 

4 (c) DEFINITIONS.—In this section: 

5 (1) INTERAGENCY CONTRACTING.—The term 

6 ‘‘interagency contracting’’ means the procurement of 

7 goods or services (under section 1535 of title 31, 

8 United States Code) through a contract entered into 

9 by an agency outside the Department of Defense. 

10 (2) ACQUISITION OFFICIAL.—The term ‘‘acqui11 sition official’’ means— 

12 (A) in the case of a direct acquisition, the 

13 contracting officer for the acquisition; and 

14 (B) in the case of an assisted acquisition, 

15 the program manager coordinating the acquisi16 tion for the Department of Defense. 

17 (3) DIRECT ACQUISITION.—The term ‘‘direct 

18 acquisition’’ means the type of interagency con19 tracting through which the Department of Defense 

20 orders an item or service from a government-wide 

21 acquisition contract maintained by an agency outside 

22 the Department. 

23 (4) ASSISTED ACQUISITION.—The term ‘‘as24 sisted acquisition’’ means the type of interagency 

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1 partment of Defense awards a contract for the pro2 curement of goods or services. 

3 SEC. 804. PROHIBITION ON PROCUREMENT FROM BENE4 FICIARIES OF FOREIGN SUBSIDIES. 

5 (a) PROHIBITION.—The Secretary of Defense may 

6 not enter into a contract for the procurement of goods 

7 or services from any foreign person to which the govern8 ment of a foreign country that is a member of the World 

9 Trade Organization has provided a subsidy if— 

10 (1) the United States has requested consulta11 tions with that foreign country under the Agreement 

12 on Subsidies and Countervailing Measures on the 

13 basis that the subsidy is a prohibited subsidy under 

14 that Agreement; and 

15 (2) either— 

16 (A) the issue before the World Trade Or17 ganization has not been resolved; or 

18 (B) the World Trade Organization has 

19 ruled that the subsidy provided by the foreign 

20 country is a prohibited subsidy under the 

21 Agreement on Subsidies and Countervailing 

22 Measures. 

23 (b) JOINT VENTURES.—The prohibition under sub24 section (a) with respect to a foreign person also applies 

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1 ship, or contracting team of which that foreign person is 

2 a member. 

3 (c) SUBCONTRACTS AND TASK ORDERS.—The prohi4 bition under subsection (a) with respect to a contract also 

5 applies to any subcontracts at any tier entered into under 

6 the contract and any task orders at any tier issued under 

7 the contract. 

8 (d) DEFINITIONS.—In this section: 

9 (1) The term ‘‘Agreement on Subsidies and 

10 Countervailing Measures’’ means the agreement de11 scribed in section 101(d)(12) of the Uruguay Round 

12 Agreements Act (19 U.S.C. 3501(d)(12)). 

13 (2) The term ‘‘foreign person’’ means— 

14 (A) an individual who is not a United 

15 States person or an alien lawfully admitted for 

16 permanent residence into the United States; or 

17 (B) a corporation, partnership, or other 

18 nongovernmental entity which is not a United 

19 States person. 

20 (3) The term ‘‘United States person’’ means— 

21 (A) a natural person who is a citizen of the 

22 United States or who owes permanent alle23 giance to the United States; and 

24 (B) a corporation or other legal entity 

25 which is organized under the laws of the United 


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1 States, any State or territory thereof, or the 

2 District of Columbia, if natural persons de3 scribed in subparagraph (A) own, directly or in4 directly, more than 50 percent of the out5 standing capital stock or other beneficial inter6 est in such legal entity. 

7 (e) APPLICABILITY.— 

8 (1) PROGRAMS WITH MILESTONE B APPROVAL

9 NOT COVERED.—The prohibition under subsection 

10 (a) shall not apply to any contract under a major 

11 defense acquisition program that has received Mile12 stone B approval as of the date of the enactment of 

13 this Act. 

14 (2) DEFINITIONS.—In this subsection: 

15 (A) The term ‘‘major defense acquisition 

16 program’’ means a Department of Defense ac17 quisition program that is a major defense ac18 quisition program for purposes of section 2430 

19 of title 10, United States Code. 

20 (B) The term ‘‘Milestone B approval’’ has 

21 the meaning provided that term in section 

22 2366(e)(7) of such title. 


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1 SEC. 805. PROHIBITION ON PROCUREMENT FROM COMPA2 NIES IN VIOLATION OF THE IRAN AND SYRIA 

3 NONPROLIFERATION ACT. 

4 (a) PROHIBITION.—Except as provided in subsection 

5 (c), funds appropriated or otherwise available to the De6 partment of Defense may not be used for the procurement 

7 of goods or services from a source subject to sanctions 

8 for violations of the Iran and Syria Nonproliferation Act 

9 (Public Law 106–178; 50 U.S.C. 1701 note) or from any 

10 source that is owned or controlled by a sanctioned entity. 

11 (b) CONTRACTS COVERED.—This section applies to 

12 prime contracts and subcontracts at any tier under such 

13 contracts. 

14 (c) EXCEPTION.— 

15 (1) IN GENERAL.—Subsection (a) does not 

16 apply in any case in which the Secretary of Defense 

17 determines that there is a compelling reason to so18 licit an offer from, award a contract or subcontract 

19 to, or extend a contract or subcontract with a source 

20 described in that subsection. The exception in the 

21 preceding sentence may not be used if the same or 

22 reasonably equivalent products or services are avail23 able from a non-sanctioned source. 

24 (2) NOTICE TO CONGRESS.—The Secretary 

25 shall transmit to the Committees on Armed Services 

26 of the Senate and the House of Representatives a 


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1 notice of any determination made under paragraph 

2 (1) at the time of the determination. 

3 SEC. 806. LEAD SYSTEMS INTEGRATORS. 

4 (a) PROHIBITION ON THE USE OF LEAD SYSTEMS

5 INTEGRATORS.—The Department of Defense may not 

6 award any new contracts for lead systems integrator func7 tions in the acquisition of major systems, effective October 

8 1, 2011. 

9 (b) PLAN FOR ACQUISITION WORKFORCE.— 

10 (1) REQUIREMENT.—The Secretary of Defense 

11 shall develop a plan for establishing the appropriate 

12 size of the acquisition workforce to accomplish inher13 ently governmental functions related to acquisition 

14 of major weapons systems. In developing the plan, 

15 the Secretary shall, at a minimum— 

16 (A) identify the positions and skills, due to 

17 their inherently governmental nature, that 

18 should be supplied by Department of Defense 

19 personnel versus contractor personnel; 

20 (B) identify the gaps in skills that exist 

21 within the current defense workforce; 

22 (C) create a plan for closing such skill 

23 gaps; 

24 (D) create a plan for obtaining a proper 

25 match between the level of acquisition expertise 


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1 within each acquisition program office and the 

2 level of risk associated with the acquisition pro3 gram that the program office is expected to 

4 manage; and 

5 (E) identify the additional personnel or 

6 hiring authorities that may be required on an 

7 interim basis, until such time as the Depart8 ment of Defense has sufficient government per9 sonnel to fill the positions designated as inher10 ently governmental. 

11 (2) DEADLINE.—The plan described in para12 graph (1) shall be submitted to the congressional de13 fense committees no later than October 1, 2008. 

14 (c) EXCEPTION FOR CONTRACTS FOR OTHER MAN15 AGEMENT SERVICES.—The Department of Defense may 

16 continue to award contracts for the procurement of serv17 ices the primary purpose of which is to perform acquisition 

18 support functions with respect to the development or pro19 duction of a major system, if the following conditions are 

20 met: 

21 (1) The contractor may not perform inherently 

22 governmental functions, as may be prescribed by the 

23 Secretary of Defense, including— 


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1 (A) determining courses of action to be 

2 taken in the best interest of the government; 

3 and 

4 (B) determining best technical perform5 ance for the warfighter; and 

6 (2) a prime contractor for such a contract may 

7 not award a subcontract to an entity owned in whole 

8 or in part by the prime contractor. 

9 (d) DEFINITIONS.—In this section: 

10 (1) LEAD SYSTEMS INTEGRATOR.—The term 

11 ‘‘lead systems integrator’’ means— 

12 (A) a prime contractor for the development 

13 or production of a major system, if the prime 

14 contractor is not expected at the time of award 

15 to perform a substantial portion of the work on 

16 the system and the major subsystems; or 

17 (B) a prime contractor under a contract 

18 for the procurement of services the primary 

19 purpose of which is to perform acquisition func20 tions closely associated with inherently govern21 mental functions with respect to the develop22 ment or production of a major system. 

23 (2) MAJOR SYSTEM.—The term ‘‘major system’’ 

24 has the meaning given such term in section 2302d 

25 of title 10, United States Code. 


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1 SEC. 807. PROCUREMENT GOAL FOR NATIVE HAWAIIAN2 SERVING INSTITUTIONS AND ALASKA NA3 TIVE-SERVING INSTITUTIONS. 

4 Section 2323 of title 10, United States Code, is 

5 amended— 

6 (1) in subsection (a)(1)— 

7 (A) by striking ‘‘and’’ at the end of sub8 paragraph (C); 

9 (B) by striking the period at the end of 

10 subparagraph (D) and inserting ‘‘; and’’; and 

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

12 subparagraph: 

13 ‘‘(E) Native Hawaiian-serving institutions 

14 and Alaska Native-serving institutions (as de15 fined in section 317 of the Higher Education 

16 Act of 1965).’’; 

17 (2) in subsection (a)(2) by inserting after ‘‘His18 panic-serving institutions,’’ the following: ‘‘Native 

19 Hawaiian-serving institutions and Alaska Native20 serving institutions,’’; 

21 (3) in subsection (c)(1), by inserting after ‘‘His22 panic-serving institutions,’’ the following: ‘‘Native 

23 Hawaiian-serving institutions and Alaska Native24 serving institutions,’’; and 

25 (4) in subsection (c)(3), by inserting after ‘‘His26 panic-serving institutions,’’ the following: ‘‘to Native 


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1 Hawaiian-serving institutions and Alaska Native2 serving institutions,’’. 

3 SEC. 808. REINVESTMENT IN DOMESTIC SOURCES OF STRA4 TEGIC MATERIALS. 

5 (a) REINVESTMENT REQUIRED.— 

6 (1) PROPOSAL EVALUATION CRITERIA.—The 

7 Under Secretary of Defense for Acquisition, Tech8 nology, and Logistics shall issue guidance requiring 

9 that all Department of Defense solicitations for pro10 posals for major systems that could contain strategic 

11 materials clearly specify that an evaluation criteria 

12 for such proposals will be the extent to which each 

13 prospective strategic material supplier demonstrates 

14 a record of sustained reinvestment in processes, in15 frastructure, workforce training, and facilities for 

16 domestic production of such a material, as well as a 

17 plan for continued reinvestment. 

18 (2) FLOW DOWN REQUIRED.—Guidance issued 

19 under this subsection shall require that the evalua20 tion criteria be incorporated by reference into any 

21 solicitation for sources of strategic materials at any 

22 contractual tier. 

23 (b) REVIEW AND REPORT.— 

24 (1) REVIEW REQUIRED.—The Strategic Mate25 rials Protection Board, established under section 


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1 187 of title 10, United States Code, shall, on an an2 nual basis— 

3 (A) review the number of proposals sub4 mitted for major systems that could contain 

5 strategic materials; and 

6 (B) as part of the Board’s duties under 

7 paragraphs (2) and (3) of section 187(b) of 

8 such title, determine the following: 

9 (i) The percentage of proposals that 

10 were found to be responsive to the rein11 vestment evaluation criteria required under 

12 subsection (a). 

13 (ii) The percentage of responsive pro14 posals that were awarded. 

15 (iii) The percentage of non-responsive 

16 proposals that were awarded. 

17 (iv) The long-term viability of stra18 tegic materials suppliers, based upon the 

19 past and future reinvestment planned by 

20 the suppliers. 

21 (2) INCLUSION IN BOARD REPORT.—The Stra22 tegic Materials Protection Board shall include its 

23 findings in the next report submitted to Congress 

24 under section 187(d) of title 10, United States Code, 

25 after the date of the enactment of this Act. The 


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1 Board shall include the findings of subsequent an2 nual reviews in subsequent reports submitted under 

3 such section. 

4 (c) DEFINITIONS.—In this section: 

5 (1) STRATEGIC MATERIAL.—The term ‘‘stra6 tegic material’’ means— 

7 (A) a material designated as critical to na8 tional security by the Strategic Materials Pro9 tection Board in accordance with the section 

10 187 of title 10, United States Code; 

11 (B) a specialty metal as defined by section 

12 2533b of title 10, United States Code; or 

13 (C) steel. 

14 (2) MAJOR SYSTEM.—The term ‘‘major system’’ 

15 has the meaning provided in section 2302 of title 10, 

16 United States Code. 

17 SEC. 809. CLARIFICATION OF THE PROTECTION OF STRA18 TEGIC MATERIALS CRITICAL TO NATIONAL 

19 SECURITY. 

20 (a) DEFINITION OF REQUIRED FORM.—Subsection 

21 (b) of section 2533b of title 10, United States Code, is 

22 amended by striking the period at the end and inserting 

23 the following: ‘‘and the term ‘required form’ means mill 

24 products, such as slab, plate and sheet, in the required 


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1 form necessary. The term ‘required form’ shall not apply 

2 to end items or to their components at any tier.’’. 

3 (b) APPLICABILITY TO PROCUREMENTS OF COMMER4 CIAL ITEMS.—Subsection (h) of section 2533b of title 10, 

5 United States Code, is amended by inserting ‘‘or 35’’ after 

6 ‘‘This section applies to procurements of commercial items 

7 notwithstanding section 34.’’. 

8 (c) REVISION OF DOMESTIC NON-AVAILABILITY DE9 TERMINATIONS.—Any Domestic Non-Availability Deter10 mination made by the Department of Defense between De11 cember 6, 2006, and the date 60 days after the date of 

12 the enactment of this Act shall be reviewed and amended, 

13 if necessary, to comply with subsections (a) and (b). 

14 (d) EFFECTIVE DATE.—The amendments made by 

15 subsections (a) and (b) shall apply with respect to con16 tracts entered into 60 days after the date of the enactment 

17 of this Act. 

18 SEC. 810. DEBARMENT OF CONTRACTORS CONVICTED OF 

19 CRIMINAL VIOLATIONS OF THE ARMS EX20 PORT CONTROL ACT. 

21 (a) DEBARMENT.—Except as provided in subsection 

22 (b), if the Secretary of Defense determines that a con23 tractor or prospective contractor has been convicted of a 

24 criminal violation of any provision of the Arms Export 

25 Control Act (22 U.S.C. 2751 et seq.), the Secretary shall 


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1 debar such contractor or prospective contractor from con2 tracting with the Department of Defense for a period not 

3 to exceed 5 years, not later than 90 days after determining 

4 that the contractor has been so convicted. 

5 (b) EXCEPTION.— 

6 (1) IN GENERAL.—Subsection (a) does not 

7 apply in any case in which the Secretary determines 

8 that there is a compelling reason to solicit an offer 

9 from, award a contract to, extend a contract with, 

10 or approve a subcontract with such contractor or 

11 prospective contractor. 

12 (2) PUBLIC NOTICE.—The Secretary shall 

13 transmit to the Administrator of General Services a 

14 notice of any determination made under paragraph 

15 (1) at the time of the determination. The Adminis16 trator of General Services shall maintain each such 

17 notice in a file available for public inspection. 

18 (c) DEFINITION.—In this section, the term ‘‘debar’’ 

19 has the meaning given that term by section 2393(c) of 

20 title 10, United States Code. 


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1 Subtitle B—Amendments to Gen2 eral Contracting Authorities, 

3 Procedures, and Limitations 

4 SEC. 811. CHANGE TO THE TRUTH IN NEGOTIATIONS ACT 

5 EXCEPTION FOR THE ACQUISITION OF A 

6 COMMERCIAL ITEM. 

7 Section 2306a(b) of title 10, United States Code, is 

8 amended by adding at the end the following new para9 graph: 

10 ‘‘(4) CERTAIN SOLE SOURCE PROCURE11 MENTS.—The exception in paragraph (1)(C) does 

12 not apply in the case of a contract, subcontract, or 

13 modification of a contract or subcontract that is for 

14 a commercial item to be procured using procedures 

15 other than competitive procedures— 

16 ‘‘(A) if the contracting officer determines 

17 that commercial sales data are insufficient to 

18 determine a fair and reasonable price; and 

19 ‘‘(B) if the contractor’s business segment 

20 has submitted certified cost or pricing data in 

21 connection with at least one contract award or 

22 contract modification.’’. 


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1 SEC. 812. CLARIFICATION OF SUBMISSION OF COST OR 

2 PRICING DATA ON NONCOMMERCIAL MODI3 FICATIONS OF COMMERCIAL ITEMS. 

4 (a) MEASUREMENT OF PERCENTAGE AT CONTRACT

5 AWARD.—Section 2306a(b)(3)(A) of title 10, United 

6 States Code, is amended by inserting after ‘‘total price of 

7 the contract’’ the following: ‘‘(at the time of contract 

8 award)’’. 

9 (b) ADJUSTMENT OF DOLLAR AMOUNT.—Section 

10 2306a(b)(3)(A) of such title is amended by striking 

11 ‘‘$500,000’’ and inserting ‘‘$650,000’’. 

12 SEC. 813. PLAN FOR RESTRICTING GOVERNMENT-UNIQUE 

13 CONTRACT CLAUSES ON COMMERCIAL CON14 TRACTS. 

15 (a) PLAN.—The Under Secretary of Defense for Ac16 quisition, Technology, and Logistics shall develop and im17 plement a plan to minimize the number of Government18 unique contract clauses used in commercial contracts by 

19 restricting the clauses to the following: 

20 (1) Government-unique clauses authorized by 

21 law or regulation. 

22 (2) Any additional clauses that are relevant and 

23 necessary to a specific contract. 

24 (b) COMMERCIAL CONTRACT.—In this section: 


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1 (1) The term ‘‘commercial contract’’ means a 

2 contract awarded by the Federal Government for the 

3 procurement of a commercial item. 

4 (2) The term ‘‘commercial item’’ has the mean5 ing provided by section 4(12) of the Office of Fed6 eral Procurement Policy Act (41 U.S.C. 403(12)). 

7 SEC. 814. EXTENSION OF AUTHORITY FOR USE OF SIM8 PLIFIED ACQUISITION PROCEDURES FOR 

9 CERTAIN COMMERCIAL ITEMS. 

10 Section 4202(e) of the Clinger-Cohen Act of 1996 

11 (division D of Public Law 104–106; 110 Stat. 652; 10 

12 U.S.C. 2304 note) is amended by striking ‘‘January 1, 

13 2008’’ and inserting ‘‘January 1, 2010’’. 

14 SEC. 815. EXTENSION OF AUTHORITY TO FILL SHORTAGE 

15 CATEGORY POSITIONS FOR CERTAIN FED16 ERAL ACQUISITION POSITIONS. 

17 Section 1413(b) of the National Defense Authoriza18 tion Act for Fiscal Year 2004 (Public Law 108–136; 117 

19 Stat. 1665) is amended by striking ‘‘September 30, 2007’’ 

20 and inserting ‘‘September 30, 2012’’. 

21 SEC. 816. EXTENSION OF AUTHORITY TO CARRY OUT CER22 TAIN PROTOTYPE PROJECTS. 

23 Section 845(i) of the National Defense Authorization 

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1 ed by striking ‘‘September 30, 2008’’ and inserting ‘‘Sep2 tember 30, 2013’’. 

3 SEC. 817. CLARIFICATION OF LIMITED ACQUISITION AU4 THORITY FOR SPECIAL OPERATIONS COM5 MAND. 

6 Section 167(e)(4) of title 10, United States Code, is 

7 amended— 

8 (1) by redesignating subparagraph (C) as sub9 paragraph (D); and 

10 (2) by inserting after subparagraph (B) the fol11 lowing new subparagraph: 

12 ‘‘(C)(i) The staff of the commander shall include an 

13 acquisition executive, who shall be responsible for the 

14 same functions and duties, and have the same authorities, 

15 as the service acquisition executives for the military de16 partments. 

17 ‘‘(ii) The staff of the commander shall include a sen18 ior procurement executive, who shall be responsible for 

19 providing management direction of the procurement sys20 tem of the command, advising and assisting the com21 mander and other officials of the combatant command to 

22 ensure that activities and missions of the command are 

23 achieved through the management of the procurement sys24 tem of the command, and otherwise being responsible for 

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1 thorities, as the senior procurement executive for the mili2 tary departments. 

3 ‘‘(iii) The commander of the special operations com4 mand may designate the same individual to the position 

5 of acquisition executive and the position of senior procure6 ment executive. 

7 ‘‘(iv) Any reference to service acquisition executive or 

8 senior procurement executive of a military department in 

9 any Federal law, Executive order, or regulation is deemed 

10 to include the acquisition executive or senior procurement 

11 executive of the special operations command unless such 

12 law, order, or regulation explicitly excludes such positions 

13 by reference to this section.’’. 

14 SEC. 818. EXEMPTION OF SPECIAL OPERATIONS COMMAND 

15 FROM CERTAIN REQUIREMENTS FOR CON16 TRACTS RELATING TO VESSELS, AIRCRAFT, 

17 AND COMBAT VEHICLES. 

18 Subsection (e) of section 167 of title 10, United 

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

21 ‘‘(5) The commander of the command, in carrying 

22 out his functions under this subsection, may carry out 

23 such functions with respect to a contract covered by sec24 tion 2401 of this title without regard to subsection (b) 

25 of that section if— 


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1 ‘‘(A) the contract is for a term of not more 

2 than 5 years (including all options to renew or ex3 tend the contract); and 

4 ‘‘(B) funds are available and obligated for the 

5 full cost of the contract (including termination costs) 

6 on or before the date the contract is awarded.’’. 

7 SEC. 819. PROVISION OF AUTHORITY TO MAINTAIN EQUIP8 MENT TO UNIFIED COMBATANT COMMAND 

9 FOR JOINT WARFIGHTING. 

10 Section 167a of title 10, United States Code, is 

11 amended— 

12 (1) in subsection (a), by striking ‘‘and acquire’’ 

13 and inserting ‘‘, acquire, and maintain’’; 

14 (2) by redesignating subsection (f) as sub15 section (g); and 

16 (3) by inserting after subsection (e) the fol17 lowing new subsection: 

18 ‘‘(f) LIMITATION ON AUTHORITY TO MAINTAIN

19 EQUIPMENT.—The authority delegated under subsection 

20 (a) to maintain equipment is subject to the availability of 

21 funds authorized and appropriated specifically for that 

22 purpose.’’. 


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1 SEC. 820. MARKET RESEARCH. 

2 (a) MARKET RESEARCH.—Subsection (c) of section 

3 2377 of title 10, United States Code, is amended as fol4 lows: 

5 (1) The subsection heading is amended by 

6 striking ‘‘PRELIMINARY’’. 

7 (2) Paragraph (1) is amended— 

8 (A) by striking ‘‘research appropriate to 

9 the circumstances—’’ and inserting ‘‘research— 

10 ’’; 

11 (B) by striking ‘‘and’’ at the end of sub12 paragraph (A); 

13 (C) by striking the period at the end of 

14 subparagraph (B) and inserting ‘‘; and’’; and 

15 (D) by adding at the end the following: 

16 ‘‘(C) before awarding a task order in excess of 

17 the simplified acquisition threshold.’’. 

18 (3) The subsection is amended by adding at the 

19 end the following new paragraphs: 

20 ‘‘(4) The Secretary of Defense shall ensure that 

21 market research under this subsection includes use 

22 of an appropriately tailored search engine to access 

23 the world wide web in order to identify readily avail24 able capabilities in the commercial market place. 

25 ‘‘(5) For programs with a value in excess of 

26 $1,000,000, the contracting officer must certify that 


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1 market research was performed before award of the 

2 contract or task order.’’. 

3 (b) EVALUATION OF CERTAIN INCENTIVES.—The 

4 Under Secretary of Defense for Acquisition, Technology, 

5 and Logistics shall evaluate options for preferences or eco6 nomic incentives for contractors that maximize the use of 

7 readily available and proven capabilities in the commercial 

8 market place. 

9 Subtitle C—Accountability in 

10 Contracting 

11 SEC. 821. LIMITATION ON LENGTH OF NONCOMPETITIVE 

12 CONTRACTS. 

13 (a) REVISION OF FAR.—Not later than one year 

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

15 Acquisition Regulation shall be revised to restrict the con16 tract period of any contract described in subsection (c) 

17 to the minimum contract period necessary— 

18 (1) to meet the urgent and compelling require19 ments of the work to be performed under the con20 tract; and 

21 (2) to enter into another contract for the re22 quired goods or services through the use of competi23 tive procedures. 

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1 riod to not exceed one year, unless the head of the execu2 tive agency concerned determines that the Government 

3 would be seriously injured by the limitation on the con4 tract period. 

5 (c) COVERED CONTRACTS.—This section applies to 

6 any contract in an amount greater than $1,000,000 en7 tered into by an executive agency using procedures other 

8 than competitive procedures pursuant to the exception 

9 provided in section 303(c)(2) of the Federal Property and 

10 Administrative Services Act of 1949 (41 U.S.C. 253(c)(2)) 

11 or section 2304(c)(2) of title 10, United States Code. 

12 (d) DEFINITIONS.—In this section: 

13 (1) The term ‘‘executive agency’’ has the mean14 ing provided in section 4(1) of the Office of Federal 

15 Procurement Policy Act (41 U.S.C. 403(1)). 

16 (2) The term ‘‘head of the executive agency’’ 

17 means the head of an executive agency except that, 

18 in the case of the Department of Defense, the term 

19 means— 

20 (A) in the case of a military department, 

21 the Secretary of the military department; 

22 (B) in the case of a Defense Agency, the 

23 head of the Defense Agency; and 

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1 ment or Defense Agency, the Under Secretary 

2 of Defense for Acquisition, Technology, and Lo3 gistics. 

4 SEC. 822. MAXIMIZING FIXED-PRICE PROCUREMENT CON5 TRACTS. 

6 (a) PLANS REQUIRED.—Subject to subsection (c), 

7 the head of each executive agency covered by title III of 

8 the Federal Property and Administrative Services Act of 

9 1949 (41 U.S.C. 251 et seq.) or, in the case of the Depart10 ment of Defense, the Under Secretary of Defense for Ac11 quisition, Technology, and Logistics, shall develop and im12 plement a plan to maximize, to the fullest extent prac13 ticable, the use of fixed-price type contracts for the pro14 curement of goods and services by the agency or depart15 ment concerned. The plan shall contain measurable goals 

16 and shall be completed and submitted to the Committee 

17 on Oversight and Government Reform of the House of 

18 Representatives, the Committee on Homeland Security 

19 and Governmental Affairs of the Senate, and the Commit20 tees on Appropriations of the House of Representatives 

21 and the Senate and, in the case of the Department of De22 fense and the Department of Energy, the Committees on 

23 Armed Services of the Senate and the House of Represent24 atives, with a copy provided to the Comptroller General, 


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1 not later than 1 year after the date of the enactment of 

2 this Act. 

3 (b) COMPTROLLER GENERAL REVIEW.—The Comp4 troller General shall review the plans provided under sub5 section (a) and submit a report to Congress on the plans 

6 not later than 18 months after the date of the enactment 

7 of this Act. 

8 (c) REQUIREMENT LIMITED TO CERTAIN AGEN9 CIES.—The requirement of subsection (a) shall apply only 

10 to those agencies that awarded contracts in a total amount 

11 of at least $1,000,000,000 in the fiscal year preceding the 

12 fiscal year in which the report is submitted. 

13 SEC. 823. PUBLIC DISCLOSURE OF JUSTIFICATION AND AP14 PROVAL DOCUMENTS FOR NONCOMPETITIVE 

15 CONTRACTS. 

16 (a) CIVILIAN AGENCY CONTRACTS.— 

17 (1) IN GENERAL.—Section 303 of the Federal 

18 Property and Administrative Services Act of 1949 

19 (41 U.S.C. 253) is amended by adding at the end 

20 the following new subsection: 

21 ‘‘(j)(1)(A) Except as provided in subparagraph (B), 

22 in the case of a procurement permitted by subsection (c), 

23 the head of an executive agency shall make publicly avail24 able, within 14 days after the award of the contract, the 

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1 quired by subsection (f)(1) with respect to the procure2 ment. 

3 ‘‘(B) In the case of a procurement permitted by sub4 section (c)(2), subparagraph (A) shall be applied by sub5 stituting ‘30 days’ for ‘14 days’. 

6 ‘‘(2) The documents shall be made available on the 

7 website of the agency and through the Federal Procure8 ment Data System. 

9 ‘‘(3) This subsection does not require the public avail10 ability of information that is exempt from public disclosure 

11 under section 552(b) of title 5, United States Code.’’. 

12 (2) CONFORMING AMENDMENT.—Section 303(f) 

13 of such Act is amended— 

14 (A) by striking paragraph (4); and 

15 (B) by redesignating paragraph (5) as 

16 paragraph (4). 

17 (b) DEFENSE AGENCY CONTRACTS.— 

18 (1) IN GENERAL.—Section 2304 of title 10, 

19 United States Code, is amended by adding at the 

20 end the following new subsection: 

21 ‘‘(l)(1)(A) Except as provided in subparagraph (B), 

22 in the case of a procurement permitted by subsection (c), 

23 the head of an agency shall make publicly available, within 

24 14 days after the award of the contract, the documents 


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1 containing the justification and approval required by sub2 section (f)(1) with respect to the procurement. 

3 ‘‘(B) In the case of a procurement permitted by sub4 section (c)(2), subparagraph (A) shall be applied by sub5 stituting ‘30 days’ for ‘14 days’. 

6 ‘‘(2) The documents shall be made available on the 

7 website of the agency and through the Federal Procure8 ment Data System. 

9 ‘‘(3) This subsection does not require the public avail10 ability of information that is exempt from public disclosure 

11 under section 552(b) of title 5.’’. 

12 (2) CONFORMING AMENDMENT.—Section 

13 2304(f) of such title is amended— 

14 (A) by striking paragraph (4); and 

15 (B) by redesignating paragraphs (5) and 

16 (6) as paragraphs (4) and (5), respectively. 

17 SEC. 824. DISCLOSURE OF GOVERNMENT CONTRACTOR 

18 AUDIT FINDINGS. 

19 (a) QUARTERLY REPORT TO CONGRESS.— 

20 (1) REQUIREMENT.—The head of each Federal 

21 agency or department or, in the case of the Depart22 ment of Defense, the Under Secretary of Defense for 

23 Acquisition, Technology, and Logistics, shall submit 

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1 mittee specified in paragraph (2) on a quarterly 

2 basis a report that includes the following: 

3 (A) A list of completed audits performed 

4 by such agency or department issued during the 

5 applicable quarter that describe contractor costs 

6 in excess of $10,000,000 that have been identi7 fied as unjustified, unsupported, questioned, or 

8 unreasonable under any contract, task or deliv9 ery order, or subcontract. 

10 (B) The specific amounts of costs identi11 fied as unjustified, unsupported, questioned, or 

12 unreasonable and the percentage of their total 

13 value of the contract, task or delivery order, or 

14 subcontract. 

15 (C) A list of completed audits performed 

16 by such agency or department issued during the 

17 applicable quarter that identify material defi18 ciencies in the performance of any contractor or 

19 in any business system of any contractor under 

20 any contract, task or delivery order, or sub21 contract. 

22 (2) COMMITTEES.—The report described in 

23 paragraph (1) shall be submitted to— 


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1 (A) the Committee on Oversight and Gov2 ernment Reform of the House of Representa3 tives; 

4 (B) the Committee on Homeland Security 

5 and Governmental Affairs of the Senate; 

6 (C) the Committees on Appropriations of 

7 the House of Representatives and the Senate; 

8 (D) in the case of reports from the Depart9 ment of Defense or the Department of Energy, 

10 the Committees on Armed Services of the Sen11 ate and the House of Representatives; and 

12 (E) the committees of primary jurisdiction 

13 over the agency or department submitting the 

14 report. 

15 (3) EXCEPTION.—Paragraph (1) shall not 

16 apply to an agency or department with respect to a 

17 calendar quarter if no audits described in paragraph 

18 (1) were issued during that quarter. 

19 (b) SUBMISSION OF INDIVIDUAL AUDITS.— 

20 (1) REQUIREMENT.—The head of each Federal 

21 agency or department shall provide, within 14 days 

22 after a request in writing by the chairman or rank23 ing member of any committee listed in paragraph 

24 (2), a full and unredacted copy of any audit de25 scribed in subsection (a)(1). Such copy shall include 


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1 an identification of information in the audit exempt 

2 from public disclosure under section 552(b) of title 

3 5, United States Code. 

4 (2) COMMITTEES.—The committees listed in 

5 this paragraph are the following: 

6 (A) The Committee on Oversight and Gov7 ernment Reform of the House of Representa8 tives. 

9 (B) The Committee on Homeland Security 

10 and Governmental Affairs of the Senate. 

11 (C) The Committees on Appropriations of 

12 the House of Representatives and the Senate. 

13 (D) In the case of the Department of De14 fense or the Department of Energy, the Com15 mittees on Armed Services of the Senate and 

16 House of Representatives. 

17 (E) The committees of primary jurisdiction 

18 over the agency or department to which the re19 quest is made. 

20 SEC. 825. STUDY OF ACQUISITION WORKFORCE. 

21 (a) REQUIREMENT FOR STUDY.—The Administrator 

22 for Federal Procurement Policy shall conduct a study of 

23 the composition, scope, and functions of the Government24 wide acquisition workforce and develop a comprehensive 


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1 definition of, and method of measuring the size of, such 

2 workforce. 

3 (b) REPORT.—Not later than 1 year after the date 

4 of the enactment of this Act, the Administrator shall sub5 mit to the relevant congressional committees a report on 

6 the results of the study required by subsection (a), with 

7 such findings and recommendations as the Administrator 

8 determines appropriate. 

9 SEC. 826. REPORT TO CONGRESS. 

10 (a) REPORT.—Not later than 180 days after the date 

11 of the enactment of this Act, the Director of the Office 

12 of Government Ethics shall submit a report to Congress 

13 that contains the Director’s recommendations on requiring 

14 Government contractors that advise one or more Federal 

15 agencies on procurement policy, and requiring federally 

16 funded research and development centers, to comply with 

17 restrictions relating to personal financial interests, such 

18 as those that apply to Federal employees. 

19 (b) DEFINITION.—In this section: 

20 (1) GOVERNMENT CONTRACTOR.—The term 

21 ‘‘Government contractor’’ means any person (other 

22 than a Federal agency) with which a Federal agency 

23 has entered into a contract to acquire goods or serv24 ices. 


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1 (2) FEDERAL AGENCY.—The term ‘‘Federal 

2 agency’’ means— 

3 (A) any executive department or inde4 pendent establishment in the executive branch 

5 of the Government, including any wholly owned 

6 Government corporation; and 

7 (B) any establishment in the legislative or 

8 judicial branch of the Government (except the 

9 Senate, the House of Representatives, and the 

10 Architect of the Capitol and any activities 

11 under the Architect’s direction). 

12 (3) FEDERALLY FUNDED RESEARCH AND DE13 VELOPMENT CENTER.—The term ‘‘federally funded 

14 research and development center’’ means a federally 

15 funded research and development center as identi16 fied by the National Science Foundation in accord17 ance with the Federal Acquisition Regulation. 

18 Subtitle D—Contracts Relating to 

19 Iraq and Afghanistan 

20 SEC. 831. MEMORANDUM OF UNDERSTANDING ON MAT21 TERS RELATING TO CONTRACTING. 

22 (a) MEMORANDUM OF UNDERSTANDING RE23 QUIRED.—The Secretary of Defense, the Secretary of 

24 State, and the Administrator of the United States Agency 

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1 randum of understanding regarding matters relating to 

2 contracting for contracts in Iraq or Afghanistan. 

3 (b) RESTRICTIONS ON CONTRACTING UNTIL MEMO4 RANDUM SIGNED.— 

5 (1) RESTRICTION.—Except as provided in para6 graph (2), on and after January 1, 2008, no con7 tracts in Iraq or Afghanistan may be awarded by the 

8 Department of Defense, the Department of State, or 

9 the United States Agency for International Develop10 ment: (A) unless the memorandum required by sub11 section (a) has been signed by the Secretary of De12 fense, the Secretary of State, or the Administrator 

13 of the United States Agency for International Devel14 opment, respectively; and (B) the department or 

15 agency concerned has initiated use of the common 

16 database identified in such memorandum to track 

17 contracts in Iraq or Afghanistan. 

18 (2) WAIVER.— 

19 (A) The President may waive the restric20 tion in paragraph (1) for a period of 45 days 

21 if the President determines in writing that, but 

22 for such a waiver, there would be substantial 

23 harm to critical national security objectives and 

24 submits the determination, including the rea25 sons for such determination, to the relevant 


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1 committees of Congress at least 15 days before 

2 issuing the waiver. 

3 (B) Such waiver may be renewed for one 

4 additional 45-day period if the President sub5 mits a determination in writing to the relevant 

6 committees of Congress that renewal of the 

7 waiver is necessary to avoid substantial harm to 

8 critical national security objectives. 

9 (c) MATTERS COVERED.—The memorandum of un10 derstanding required by subsection (a) shall address, at 

11 a minimum, the following: 

12 (1) Identification of the major categories of 

13 contracts in Iraq or Afghanistan being awarded by 

14 the Department of Defense, the Department of 

15 State, or the United States Agency for International 

16 Development. 

17 (2) Identification of the roles and responsibil18 ities of each department or agency for matters relat19 ing to contracting for contracts in Iraq or Afghani20 stan. 

21 (3) Responsibility for authorizing the carrying 

22 of weapons in performance of such contracts. 

23 (4) Responsibility for establishing minimum 

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1 sonnel carrying weapons in performance of such con2 tracts. 

3 (5) Responsibility for setting rules of engage4 ment for personnel carrying weapons in performance 

5 of such contracts. 

6 (6) Responsibility for establishing procedures 

7 for, and the coordination of, movement of contractor 

8 personnel in Iraq or Afghanistan. 

9 (7) Identification of a common database that 

10 will serve as a repository of information on all con11 tracts in Iraq or Afghanistan, and agreement on the 

12 elements to be included in the database, including, 

13 at a minimum, with respect to each contract— 

14 (A) a brief description of the contract; 

15 (B) the value of the contract; 

16 (C) the amount of cost ascribed to over17 head for the contract; 

18 (D) the amount of cost ascribed to security 

19 for the contract; 

20 (E) the total number of personnel em21 ployed on the contract; and 

22 (F) the total number of personnel em23 ployed on the contract who provide security in 

24 Iraq or Afghanistan. 


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1 (8) Responsibility for maintaining and updating 

2 information in the common database identified 

3 under paragraph (7). 

4 (9) Responsibility for the collection and referral 

5 to the appropriate Government agency of any infor6 mation relating to offenses under chapter 47 of title 

7 10, United States Code (the Uniform Code of Mili8 tary Justice) or chapter 212 of title 18, United 

9 States Code (commonly referred to as the Military 

10 Extraterritorial Jurisdiction Act), including a clari11 fication of responsibilities under section 802(a)(10) 

12 of title 10, United States Code (article 2(a) of the 

13 Uniform Code of Military Justice), as amended by 

14 section 552 of the John Warner National Defense 

15 Authorization Act for Fiscal Year 2007 (Public Law 

16 109–364). 

17 (10) Responsibility for the issuance of guidance, 

18 as appropriate, on equipment used by contractor 

19 personnel, including guidance on appropriate vehi20 cles, uniforms, body armor, and weapons. 

21 (11) Responsibility for the collection and main22 tenance of information relating to casualties suffered 

23 by personnel working on contracts in Iraq or Af24 ghanistan. 

25 (d) COPIES PROVIDED TO CONGRESS.— 


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1 (1) MEMORANDUM OF UNDERSTANDING.—Cop2 ies of the memorandum of understanding required 

3 by subsection (a) shall be provided to the relevant 

4 committees of Congress within 30 days after the 

5 memorandum is signed. 

6 (2) DATABASE.—The Secretary of Defense, the 

7 Secretary of State, or the Administrator of the 

8 United States Agency for International Development 

9 shall provide access to the common database identi10 fied under subsection (c)(7) to the relevant commit11 tees of Congress. 

12 (3) CONTRACTS.—Effective on the date of the 

13 enactment of this Act, copies of any contracts 

14 awarded in Iraq or Afghanistan shall be provided to 

15 any of the relevant committees of Congress within 

16 15 days after the submission of a request for such 

17 contract or contracts from such committee to the de18 partment or agency managing the contract. 

19 SEC. 832. COMPTROLLER GENERAL REVIEWS AND RE20 PORTS ON CONTRACTING IN IRAQ AND AF21 GHANISTAN. 

22 (a) REVIEWS AND REPORTS REQUIRED.— 

23 (1) IN GENERAL.—Every six months, the 

24 Comptroller General shall review contracts in Iraq or 


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1 Afghanistan and submit to the relevant committees 

2 of Congress a report on such review. 

3 (2) MATTERS COVERED.—A report under this 

4 subsection shall cover the following with respect to 

5 the contracts in Iraq or Afghanistan reviewed for the 

6 report: 

7 (A) Total number of contracts awarded 

8 during the period covered by the report. 

9 (B) Total number of active contracts. 

10 (C) Total value of all contracts awarded 

11 during the reporting period. 

12 (D) Total value of active contracts. 

13 (E) Total number of contractor personnel 

14 working on contracts during the reporting pe15 riod. 

16 (F) Total number of contractor personnel 

17 who have provided security in Iraq or Afghani18 stan for contracts during the reporting period. 

19 (G) Categories of activities undertaken in 

20 reviewed contracts. 

21 (H) The extent to which such contracts 

22 have used competitive procedures. 

23 (I) The extent to which such contracts 

24 have achieved the initial scope of requirements 

25 included in the contracts. 


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1 (J) The effect of costs for security on such 

2 contracts and whether contracting for security 

3 on such contracts rather than government-pro4 vided security is more effective, efficient, and 

5 consistent with the United States policy goals. 

6 (K) Information on any specific contract or 

7 class of contracts that the Comptroller General 

8 determines raises issues of significant concern. 

9 (3) SUBMISSION OF REPORTS.—The Comp10 troller General shall submit an initial report under 

11 this subsection not later than March 1, 2008, and 

12 shall submit an updated report every six months 

13 thereafter until March 1, 2010. 

14 (b) ACCESS TO DATABASE ON CONTRACTS.—The 

15 Secretary of Defense and the Secretary of State shall pro16 vide full access to the database described in section 

17 831(c)(7) to the Comptroller General for purposes of the 

18 reviews carried out under this section. 

19 SEC. 833. DEFINITIONS. 

20 In this subtitle: 

21 (1) MATTERS RELATING TO CONTRACTING.— 

22 The term ‘‘matters relating to contracting’’, with re23 spect to contracts in Iraq and Afghanistan, means 

24 all matters relating to awarding, funding, managing, 


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1 tracking, monitoring, and providing oversight to con2 tracts and contractor personnel. 

3 (2) CONTRACTS IN IRAQ OR AFGHANISTAN.— 

4 The term ‘‘contracts in Iraq or Afghanistan’’ means 

5 a contract with the Department of Defense, the De6 partment of State, or the United States Agency for 

7 International Development, a subcontract at any tier 

8 issued under such a contract, or a task order at any 

9 tier issued under such a contract (including a con10 tract, subcontract, or task order issued by another 

11 Government agency for the Department of Defense, 

12 the Department of State, or the United States Agen13 cy for International Development), if the contract, 

14 subcontract, or task order involves worked per15 formed in Iraq or Afghanistan for a period longer 

16 than 14 days. 

17 (3) RELEVANT COMMITTEES OF CONGRESS.— 

18 The term ‘‘relevant committees of Congress’’ means 

19 each of the following committees: 

20 (A) The Committees on Armed Services of 

21 the Senate and the House of Representatives. 

22 (B) The Committee on Homeland Security 

23 and Governmental Affairs of the Senate and the 

24 Committee on Oversight and Government Re25 form of the House of Representatives. 


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1 (C) The Committee on Foreign Relations 

2 of the Senate and the Committee on Foreign 

3 Affairs of the House of Representatives. 

4 (D) For purposes of contracts relating to 

5 the National Foreign Intelligence Program, the 

6 Select Committee on Intelligence of the Senate 

7 and the Permanent Select Committee on Intel8 ligence of the House of Representatives. 

9 SEC. 834. COMPETITION FOR EQUIPMENT SUPPLIED TO 

10 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. 

9 Subtitle E—Other Matters 

10 SEC. 841. RAPID COMMERCIAL INFORMATION TECH11 NOLOGY IDENTIFICATION DEMONSTRATION 

12 PROJECT. 

13 (a) DEMONSTRATION PROJECT.—The Secretary of 

14 Defense, acting through the Assistant Secretary of De15 fense for Networks and Information Integration, shall es16 tablish a demonstration project to develop, implement, and 

17 assess the effectiveness of a comprehensive approach to 

18 identifying, assessing, stimulating investment in, rapidly 

19 acquiring, and coordinating the use of commercial infor20 mation technologies (with an emphasis on commercial off21 the-shelf information technologies). The demonstration 

22 project shall be known as the ‘‘Rapid Commercial Infor23 mation Technology Identification Demonstration Pilot.’’. 

24 (b) MATTERS COVERED.—The demonstration project 

25 shall include the following: 


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1 (1) Developing a process to rapidly assess and 

2 set priorities for significant needs of the Department 

3 of Defense that could be met by commercial infor4 mation technology, including a process for— 

5 (A) aligning needs with the requirements 

6 of the combatant commanders; and 

7 (B) evaluating commercial products of in8 terest against those needs. 

9 (2) Providing for the hiring and support of em10 ployees (including the ability to request detailees 

11 from other military or Federal organizations) who 

12 can identify and assess promising commercial infor13 mation technologies and serve as intermediaries to 

14 the Department. 

15 (3) Enhancing internal Department data and 

16 communications about promising or existing com17 mercial information technology or federally funded 

18 information technologies projects. 

19 (4) Identifying key commercial information 

20 technologies and using existing mechanisms to make 

21 them available to the Armed Forces. 

22 (5) Developing and operating a suitable Web 

23 portal or other significant virtual environment to fa24 cilitate communications with industry. 


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1 (6) Providing for acquisition guides for small 

2 information technology companies with promising 

3 technologies, to help them understand and navigate 

4 the funding and acquisition processes of the Depart5 ment of Defense. 

6 (7) Developing methods to measure program 

7 performance and collecting data on an ongoing basis 

8 to assess the effects of the process being used by the 

9 demonstration program. 

10 (c) PERIOD OF DEMONSTRATION PROJECT.—The 

11 demonstration project shall be conducted for a period of 

12 three years. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to the Secretary of Defense 

15 $10,000,000 for fiscal year 2008 to carry out the dem16 onstration project under this section, to be derived from 

17 amounts provided in section 201(4) for research, develop18 ment, test, and evaluation, Defense-wide activities. 

19 (e) REPORT TO CONGRESS.—Not later than 12 

20 months after the date of the enactment of this Act, the 

21 Secretary of Defense shall submit to the congressional de22 fense committees a report on the implementation of the 

23 demonstration project required under this section. 


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1 SEC. 842. REPORT TO CONGRESS REQUIRED ON DELAYS IN 

2 MAJOR PHASES OF ACQUISITION PROCESS 

3 FOR MAJOR AUTOMATED INFORMATION SYS4 TEM PROGRAMS. 

5 (a) REPORT REQUIRED FOR CERTAIN DELAYS.—In 

6 the case of any major automated information system pro7 gram, if there is a delay in meeting any deadline for a 

8 phase of the acquisition process for the program specified 

9 in subsection (b), the Secretary of Defense, acting through 

10 the Under Secretary of Defense for Acquisition, Tech11 nology, and Logistics, shall submit to the congressional 

12 defense committees a report on the delay. The report shall 

13 be submitted not later than 30 days after the delay occurs. 

14 (b) DEADLINES.—The deadlines for a phase of the 

15 acquisition process referred to in subsection (a) are the 

16 following: 

17 (1) With respect to approval of any analysis of 

18 alternatives, within one year from the date each 

19 analysis began. 

20 (2) With respect to achieving Milestone B in ac21 cordance with section 2366a of title 10, United 

22 States Code, within 18 months after the date of 

23 Milestone A approval. 

24 (3) With respect to completion of any capability 

25 development document, within six months from the 

26 time of determined need to the time of approval. 


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1 (c) MATTERS COVERED BY REPORT.—The report re2 quired by subsection (a)— 

3 (1) shall set forth the reason or reasons the De4 partment of Defense was unable to complete the de5 layed process or processes on time; and 

6 (2) shall include a written certification with a 

7 supporting explanation stating that— 

8 (A) the program is necessary for the effi9 cient management of the Department; and 

10 (B) the most current estimates of the 

11 costs, schedule, and performance parameters 

12 with respect to the program and system are 

13 reasonable; and the management structure for 

14 the program is adequate to manage and control 

15 program costs. 

16 SEC. 843. REQUIREMENT FOR LICENSING OF CERTAIN 

17 MILITARY DESIGNATIONS AND LIKENESSES 

18 OF WEAPONS SYSTEMS TO TOY AND HOBBY 

19 MANUFACTURERS. 

20 (a) REQUIREMENT TO LICENSE CERTAIN ITEMS.— 

21 Section 2260 of title 10, United States Code, is amend22 ed— 

23 (1) by redesignating subsections (c), (d), and 

24 (e) as subsections (d), (e), and (f), respectively; and 


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1 (2) by adding after subsection (b) the following 

2 new subsection: 

3 ‘‘(c) REQUIRED LICENSES.—(1) The Secretary con4 cerned shall license trademarks, service marks, certifi5 cation marks, and collective marks relating to military 

6 designations and likenesses of military weapons systems 

7 to any qualifying company upon receipt of a request from 

8 the company. 

9 ‘‘(2) For purposes of paragraph (1), a qualifying 

10 company is any United States company that is a small 

11 business concern and that— 

12 ‘‘(A) is a toy or hobby manufacturer, dis13 tributor, or merchant; and 

14 ‘‘(B) is determined by the Secretary concerned 

15 to be qualified in accordance with such criteria as 

16 may be prescribed by the Secretary of Defense. 

17 ‘‘(3) The fee for a license under this subsection shall 

18 be determined under regulations prescribed by the Sec19 retary of Defense. Any such fee shall be nominal and shall 

20 be an amount not less than an amount needed to recover 

21 all costs of the Department of Defense in processing the 

22 request for the license and supplying the license. 

23 ‘‘(4) A license under this subsection shall not be an 

24 exclusive license.’’. 


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1 (b) EFFECTIVE DATE.—The Secretary of Defense 

2 shall prescribe regulations to implement the amendment 

3 made by this section not later than 180 days after the 

4 date of the enactment of this Act. 

5 SEC. 844. CHANGE IN GROUNDS FOR WAIVER OF LIMITA6 TION ON SERVICE CONTRACT TO ACQUIRE 

7 MILITARY FLIGHT SIMULATOR. 

8 Section 832(b)(1) of the John Warner National De9 fense Authorization Act for Fiscal Year 2007 (Public Law 

10 109–364; 120 Stat. 2331) is amended by striking ‘‘nec11 essary for national security purposes’’ and inserting ‘‘in 

12 the national interest’’. 

13 SEC. 845. EVALUATION OF COST OF COMPLIANCE WITH RE14 QUIREMENT TO BUY CERTAIN ARTICLES 

15 FROM AMERICAN SOURCES. 

16 (a) EXCLUSION FROM PRICE OR COST COMPARI17 SON.—For all Department of Defense prime contract 

18 awards and subcontract awards at any tier, in the event 

19 that a price or cost comparison is made as part of an eval20 uation of offers for goods or services provided by a United 

21 States firm and by a foreign source benefitting from the 

22 exception provided in section 2533a(e)(1)(B) or 

23 2533b(d)(1)(B) of title 10, United States Code, the cost 

24 of compliance described in subsection (c) shall not be con25 sidered in such an evaluation. 


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1 (b) INCLUSION IN EVALUATION OF OFFERS.—The 

2 cost of compliance shall be considered in the evaluation 

3 of offers provided by United States firms and by foreign 

4 sources submitting compliant offers. 

5 (c) COST OF COMPLIANCE.—The cost of compliance 

6 described in this subsection is the cost of compliance for 

7 a United States firm to procure items grown, reprocessed, 

8 reused, or produced in the United States, in accordance 

9 with section 2533a of title 10, United States Code, or to 

10 procure specialty metals melted or produced in the United 

11 States, in accordance with section 2533b of such title 10. 

12 SEC. 846. REQUIREMENTS RELATING TO WAIVERS OF CER13 TAIN DOMESTIC SOURCE LIMITATIONS. 

14 (a) MULTI-CONTRACT AND CLASS WAIVERS.—A do15 mestic non-availability determination pursuant to section 

16 2533b(b) of title 10, United States Code, that would apply 

17 to more than one prime contract of the Department of 

18 Defense shall be made only if the determination— 

19 (1) has been proposed and finalized under a 

20 formal rulemaking; 

21 (2) specifies that the determination will expire 

22 30 days after the Secretary concerned finds that the 

23 determination is no longer justified; and 

24 (3) requires an accounting of all end items, 

25 components, or specialty metals that do not comply 


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1 with the requirement in section 2533b(a) of such 

2 title. 

3 (b) SINGLE CONTRACT WAIVERS.—In making a do4 mestic non-availability determination pursuant to 

5 2533b(b) of such title that applies to a single prime con6 tract of the Department of Defense, the Secretary con7 cerned shall ensure, after making the determination, 

8 that— 

9 (1) the information used as justification in 

10 making the determination is made publicly available 

11 to the maximum extent practicable; and 

12 (2) the contracting officer for the contract con13 cerned receives an accounting of all end items, com14 ponents, or specialty metals that do not comply with 

15 the requirement in section 2533b (a) of such title. 

16 (c) SPECIALTY METAL DEFINED.—In this section, 

17 the term ‘‘specialty metal’’ has the meaning provided in 

18 section 2533b(I) of title 10, United States Code. 

19 (d) EFFECTIVE DATE.—This section shall be effec20 tive as of February 1, 2007. 

21 SEC. 847. MULTIPLE COST THRESHOLD BREACHES. 

22 (a) EVALUATION OF COST THRESHOLD

23 BREACHES.—Within 30 days following the end of a fiscal 

24 year, each component of the Department of Defense shall 

25 evaluate, for the preceding fiscal year— 


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1 (1) the number of acquisition programs within 

2 the component that experienced significant and crit3 ical cost threshold breaches, as defined in section 

4 2433 of title 10, United States Code; and 

5 (2) the number of technology development pro6 grams within the component that, prior to a Mile7 stone B decision, required recertification by the 

8 Joint Requirements Oversight Council. 

9 (b) IDENTIFICATION AND REPORT ON SYSTEMIC DE10 FICIENCIES.—Within 90 days following the end of a fiscal 

11 year, each component of the Department of Defense that 

12 has identified more than two such programs under sub13 section (a), shall identify systemic deficiencies in its acqui14 sition policies or practices that may have contributed to 

15 the cost growth in such programs and provide a report 

16 to the Secretary of Defense outlining corrective actions to 

17 be taken. 

18 (c) ASSESSMENT OF CORRECTIVE ACTIONS.—Within 

19 120 days following the end of a fiscal year, the Secretary 

20 of Defense shall provide an assessment of the adequacy 

21 of such corrective actions, along with the details of the 

22 deficiencies leading to such cost growth, to the congres23 sional defense committees. 

24 (d) DEFINITION OF COMPONENT.—In this section, 

25 the term ‘‘component’’ means a military department, a 


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1 combatant command, a Defense Agency, and any part of 

2 the Office of the Secretary of Defense that manages a 

3 major defense acquisition program. 

4 SEC. 848. PHONE CARDS. 

5 (a) COMPETITIVE PROCEDURES REQUIRED.—When 

6 the Secretary of Defense considers it necessary to provide 

7 morale, welfare, and recreation telephone services for mili8 tary personnel serving in combat zones, he shall use com9 petitive procedures when entering into a contract to pro10 vide those services. In evaluating contract proposals for 

11 such services, the Secretary shall require bid proposals to 

12 include options that minimize the cost of the phone serv13 ices to individual users while providing individual users the 

14 flexibility of using phone cards from other than the bid15 ding entity. 

16 (b) EFFECTIVE DATE.—This section shall apply to 

17 any new contract to provide morale welfare and recreation 

18 phone services in a combat theater that is entered into 

19 after the date of enactment of this Act. With regard to 

20 the extension of any contract to provide such services that 

21 is in existence on such date of enactment, the Secretary 

22 shall examine with the contractor whether it is possible 

23 to further reduce the cost of the services to the soldier 

24 by allowing the use of phone cards other than the contrac25 tor’s. The Secretary shall submit the results of his review 


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1 to the Committees on Armed Services of the Senate and 

2 the House of Representatives. 

3 SEC. 849. JURISDICTION UNDER CONTRACT DISPUTES ACT 

4 OF 1978 OVER CLAIMS, DISPUTES, AND AP5 PEALS ARISING OUT OF MARITIME CON6 TRACTS. 

7 Section 4 of the Contract Disputes Act of 1978 (41 

8 U.S.C. 603) is amended by striking ‘‘of maritime con9 tracts,’’ and all that follows through the end of the section 

10 and inserting ‘‘of maritime contracts, shall be governed 

11 exclusively by this Act.’’. 

12 SEC. 850. CLARIFICATION OF JURISDICTION OF THE 

13 UNITED STATES DISTRICT COURTS TO HEAR 

14 BID PROTEST DISPUTES INVOLVING MARI15 TIME CONTRACTS. 

16 Section 1491 of title 28, United States Code, is 

17 amended by adding at the end the following: 

18 ‘‘(d) Jurisdiction over any actions described under 

19 subsection (b)(1) of this section arising out of a maritime 

20 contract (as that term is used in the Contract Disputes 

21 Act of 1978 (41 U.S.C. 601 et seq.)) or a proposed mari22 time contract shall be governed by this section, and shall 

23 not be subject to the jurisdiction of the district courts of 

24 the United States under chapter 309 of title 46, popularly 


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1 known as the Suits in Admiralty Act, or chapter 311 of 

2 title 46, popularly known as the Public Vessels Act.’’. 

3 TITLE IX—DEPARTMENT OF DE4 FENSE ORGANIZATION AND 

5 MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Additional requirements relating to limitation on major Department 

of Defense headquarters activities personnel. 

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

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

Defense leadership positions. 

Sec. 904. Revisions in functions and activities of special operations command. 

Sec. 905. Redesignation of the Department of the Navy as the Department of 

the Navy and Marine Corps. 

Sec. 906. Management system of the Department of Defense. 

Sec. 907. Acquisition parity for Special Operations Command. 

Sec. 908. Department of Defense Board of Actuaries. 

Subtitle B—Space Activities 

Sec. 911. Space protection policy and strategy. 

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

Subtitle C—Chemical Demilitarization Program 

Sec. 921. Chemical demilitarization citizens advisory commissions. 

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

chemical weapons stockpile. 

Subtitle D—Intelligence-Related Matters 

Sec. 931. Reports on foreign language proficiency. 

Sec. 932. Technical amendments to title 10, United States Code, arising from 

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

Subtitle E—Roles and Missions Analysis 

Sec. 941. Analysis and organization of roles and missions of Department of Defense. 

Sec. 942. Identification of core competencies of the military departments and 

other entities within the Department of Defense. 

Sec. 943. Review of capabilities of the military departments and other entities. 

Sec. 944. Joint Requirements Oversight Council additional duties relating to 

core mission areas. 

Sec. 945. Requirement for certification of major systems prior to technology development. 

Sec. 946. Presentation of future-years mission budget by core mission area. 

Sec. 947. Future capability planning by Joint Requirements Oversight Council. 


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Subtitle F—Other Matters 

Sec. 951. Department of Defense consideration of effect of climate change on 

Department facilities, capabilities, and missions. 

Sec. 952. Interagency policy coordination. 

Sec. 953. Expansion of employment creditable under service agreements under 

National Security Education Program. 

Sec. 954. Study of national security interagency system. 

1 Subtitle A—Department of Defense 

2 Management 

3 SEC. 901. ADDITIONAL REQUIREMENTS RELATING TO LIMI4 TATION ON MAJOR DEPARTMENT OF DE5 FENSE HEADQUARTERS ACTIVITIES PER6 SONNEL. 

7 Section 130a of title 10, United States Code, is 

8 amended— 

9 (1) in subsection (c)(2), by striking ‘‘may not 

10 be changed except as provided by law.’’ and insert11 ing ‘‘may be changed only if the Secretary of De12 fense submits proposed changes to Congress with 

13 the defense budget materials. Any such submitted 

14 changes shall take effect on the January 1 following 

15 the submission.’’; and 

16 (2) by adding at the end the following new sub17 sections: 

18 ‘‘(e) FLEXIBILITY IN ORDER TO ACHIEVE COST SAV19 INGS OR ELIMINATE CONTRACTS ASSOCIATED WITH IN20 HERENTLY GOVERNMENTAL FUNCTIONS.—(1) If the Sec21 retary of a military department or the commander of a 

22 combatant command certifies to the Secretary of Defense 


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1 that a waiver of the limitation in subsection (a) or a re2 allocation among the military departments or combatant 

3 commands of the number of personnel permissible under 

4 subsection (a) either is expected to result in a cost savings 

5 or is necessary to eliminate a contract associated with an 

6 inherently governmental function (including cost savings 

7 or the elimination of a contract resulting from guidelines 

8 and procedures prescribed pursuant to section 343 of the 

9 National Defense Authorization Act for Fiscal Year 2006 

10 (Public Law 109–163)), the Secretary of Defense shall 

11 waive such limitation or make such reallocation to the ex12 tent necessary to achieve the cost savings or to eliminate 

13 the contract. 

14 ‘‘(2) The Secretary of Defense shall include a report, 

15 with the defense budget materials for a fiscal year, out16 lining the uses of the waiver or reallocation authority pro17 vided in paragraph (1) during the preceding fiscal year, 

18 including the number of times the waiver or reallocation 

19 authority was used, the purposes for which it was used, 

20 expected cost savings, if any, and the number of personnel 

21 affected. 

22 ‘‘(f) DEFENSE BUDGET MATERIALS.—In this sec23 tion, the term ‘defense budget materials’, with respect to 

24 a fiscal year, means the materials submitted to Congress 

25 by the Secretary of Defense in support of the budget for 


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1 that fiscal year that is submitted to Congress by the Presi2 dent under section 1105(a) of title 31.’’. 

3 SEC. 902. FLEXIBILITY TO ADJUST THE NUMBER OF DEP4 UTY CHIEFS AND ASSISTANT CHIEFS. 

5 (a) ARMY.—Section 3035(b) of title 10, United 

6 States Code, is amended to read as follows: 

7 ‘‘(b) The Secretary of the Army shall prescribe the 

8 number of Deputy Chiefs of Staff and Assistant Chiefs 

9 of Staff, for a total of not more than eight positions.’’. 

10 (b) NAVY.— 

11 (1) DEPUTY CHIEFS OF NAVAL OPERATIONS.— 

12 Section 5036(a) of title 10, United States Code, is 

13 amended— 

14 (A) by striking ‘‘There are in the Office of 

15 the Chief of Naval Operations not more than 

16 five Deputy Chiefs of Naval Operations,’’ and 

17 inserting ‘‘There are Deputy Chiefs of Naval 

18 Operations in the Office of the Chief of Naval 

19 Operations,’’; and 

20 (B) by adding at the end the following: 

21 ‘‘The Secretary of the Navy shall prescribe the 

22 number of Deputy Chiefs of Naval Operations 

23 under this section and Assistant Chiefs of 

24 Naval Operations under section 5037 of this 


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1 title, for a total of not more than eight posi2 tions.’’. 

3 (2) ASSISTANT CHIEFS OF NAVAL OPER4 ATIONS.—Section 5037(a) of such title is amend5 ed— 

6 (A) by striking ‘‘There are in the Office of 

7 the Chief of Naval Operations not more than 

8 three Assistant Chiefs of Naval Operations,’’ 

9 and inserting ‘‘There are Assistant Chiefs of 

10 Naval Operations in the Office of the Chief of 

11 Naval Operations,’’; and 

12 (B) by adding at the end the following: 

13 ‘‘The Secretary of the Navy shall prescribe the 

14 number of Assistant Chiefs of Naval Operations 

15 in accordance with section 5036(a) of this 

16 title.’’. 

17 (c) AIR FORCE.—Section 8035(b) of title 10, United 

18 States Code, is amended to read as follows: 

19 ‘‘(b) The Secretary of the Air Force shall prescribe 

20 the number of Deputy Chiefs of Staff and Assistant Chiefs 

21 of Staff, for a total of not more than eight positions.’’. 


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1 SEC. 903. CHANGE IN ELIGIBILITY REQUIREMENTS FOR AP2 POINTMENT TO DEPARTMENT OF DEFENSE 

3 LEADERSHIP POSITIONS. 

4 (a) SECRETARY OF DEFENSE.—Section 113(a) of 

5 title 10, United States Code, is amended by striking ‘‘10’’ 

6 and inserting ‘‘five’’. 

7 (b) DEPUTY SECRETARY OF DEFENSE.—Section 

8 132(a) of such title is amended by striking ‘‘ten’’ and in9 serting ‘‘five’’. 

10 (c) UNDER SECRETARY OF DEFENSE FOR POLICY.— 

11 Section 134(a) of such title is amended by striking ‘‘10’’ 

12 and inserting ‘‘five’’. 

13 SEC. 904. REVISIONS IN FUNCTIONS AND ACTIVITIES OF 

14 SPECIAL OPERATIONS COMMAND. 

15 (a) ADDITIONAL PRINCIPAL FUNCTION.—Section 

16 167(a) of title 10, United States Code, is amended— 

17 (1) by inserting ‘‘(1)’’ before ‘‘With the advice’’; 

18 and 

19 (2) by striking the sentence beginning with 

20 ‘‘The principal function’’ and inserting the following 

21 new paragraph: 

22 ‘‘(2) The principal functions of the command are— 

23 ‘‘(A) to prepare special operations forces to 

24 carry out assigned missions; and 


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1 ‘‘(B) if directed by the President or the Sec2 retary of Defense, to plan, synchronize, and carry 

3 out global missions against terrorists.’’. 

4 (b) REPORT REQUIREMENTS.— 

5 (1) REPORT ON UNCONVENTIONAL WARFARE.— 

6 Not later than March 1, 2008, the Secretary of De7 fense shall submit to the congressional defense com8 mittees a report containing a plan to meet the fu9 ture requirements of unconventional warfare. 

10 (2) ANNUAL REPORT ON PERSONNEL MANAGE11 MENT.—Not later than March 1, 2008, and not 

12 later than September 1 each year thereafter, the 

13 Secretary of Defense shall submit to the congres14 sional defense committees a report on the adequacy 

15 of Department of Defense personnel management 

16 programs to meet the needs of the special operations 

17 command. 

18 (c) ADDITIONAL SPECIAL OPERATIONS ACTIVI19 TIES.—Subsection (j) of section 167 of such title is 

20 amended to read as follows: 

21 ‘‘(j) SPECIAL OPERATIONS ACTIVITIES.—For pur22 poses of this section, special operations activities include 

23 each of the following insofar as it relates to special oper24 ations: 

25 ‘‘(1) Unconventional warfare. 


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1 ‘‘(2) Counterterrorism. 

2 ‘‘(3) Counterinsurgency. 

3 ‘‘(4) Counterproliferation of weapons of mass 

4 destruction. 

5 ‘‘(5) Direct action. 

6 ‘‘(6) Strategic reconnaissance. 

7 ‘‘(7) Foreign internal defense. 

8 ‘‘(8) Civil-military operations. 

9 ‘‘(9) Psychological and information operations. 

10 ‘‘(10) Humanitarian assistance. 

11 ‘‘(11) Theater search and rescue. 

12 ‘‘(12) Such other activities as may be specified 

13 by the President or the Secretary of Defense.’’. 

14 SEC. 905. REDESIGNATION OF THE DEPARTMENT OF THE 

15 NAVY AS THE DEPARTMENT OF THE NAVY 

16 AND MARINE CORPS. 

17 (a) REDESIGNATION OF MILITARY DEPARTMENT.— 

18 The military department designated as the Department of 

19 the Navy is redesignated as the Department of the Navy 

20 and Marine Corps. 

21 (b) REDESIGNATION OF SECRETARY AND OTHER

22 STATUTORY OFFICES.— 

23 (1) SECRETARY.—The position of the Secretary 

24 of the Navy is redesignated as the Secretary of the 

25 Navy and Marine Corps. 


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1 (2) OTHER STATUTORY OFFICES.—The posi2 tions of the Under Secretary of the Navy, the four 

3 Assistant Secretaries of the Navy, and the General 

4 Counsel of the Department of the Navy are redesig5 nated as the Under Secretary of the Navy and Ma6 rine Corps, the Assistant Secretaries of the Navy 

7 and Marine Corps, and the General Counsel of the 

8 Department of the Navy and Marine Corps, respec9 tively. 

10 (c) CONFORMING AMENDMENTS TO TITLE 10, 

11 UNITED STATES CODE.— 

12 (1) DEFINITION OF ‘‘MILITARY DEPART13 MENT’’.—Paragraph (8) of section 101(a) of title 

14 10, United States Code, is amended to read as fol15 lows: 

16 ‘‘(8) The term ‘military department’ means the 

17 Department of the Army, the Department of the 

18 Navy and Marine Corps, and the Department of the 

19 Air Force.’’. 

20 (2) ORGANIZATION OF DEPARTMENT.—The text 

21 of section 5011 of such title is amended to read as 

22 follows: ‘‘The Department of the Navy and Marine 

23 Corps is separately organized under the Secretary of 

24 the Navy and Marine Corps.’’. 


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1 (3) POSITION OF SECRETARY.—Section 

2 5013(a)(1) of such title is amended by striking 

3 ‘‘There is a Secretary of the Navy’’ and inserting 

4 ‘‘There is a Secretary of the Navy and Marine 

5 Corps’’. 

6 (4) CHAPTER HEADINGS.— 

7 (A) The heading of chapter 503 of such 

8 title is amended to read as follows: 

9 ‘‘CHAPTER 503—DEPARTMENT OF THE 

10 NAVY AND MARINE CORPS’’. 

11 (B) The heading of chapter 507 of such 

12 title is amended to read as follows: 

13 ‘‘CHAPTER 507—COMPOSITION OF THE DE14 PARTMENT OF THE NAVY AND MARINE 

15 CORPS’’. 

16 (5) OTHER AMENDMENTS.— 

17 (A) Title 10, United States Code, is 

18 amended by striking ‘‘Department of the Navy’’ 

19 and ‘‘Secretary of the Navy’’ each place they 

20 appear other than as specified in paragraphs 

21 (1), (2), (3), and (4) (including in section head22 ings, subsection captions, tables of chapters, 

23 and tables of sections) and inserting ‘‘Depart24 ment of the Navy and Marine Corps’’ and ‘‘Sec25 retary of the Navy and Marine Corps’’, respecVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00451 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 tively, in each case with the matter inserted to 

2 be in the same typeface and typestyle as the 

3 matter stricken. 

4 (B)(i) Sections 5013(f), 5014(b)(2), 

5 5016(a), 5017(2), 5032(a), and 5042(a) of 

6 such title are amended by striking ‘‘Assistant 

7 Secretaries of the Navy’’ and inserting ‘‘Assist8 ant Secretaries of the Navy and Marine Corps’’. 

9 (ii) The heading of section 5016 of such 

10 title, and the item relating to such section in 

11 the table of sections at the beginning of chapter 

12 503 of such title, are each amended by insert13 ing ‘‘and Marine Corps’’ after ‘‘of the Navy’’, 

14 with the matter inserted in each case to be in 

15 the same typeface and typestyle as the matter 

16 amended. 

17 (d) TITLE 37, UNITED STATES CODE.—Title 37, 

18 United States Code, is amended by striking ‘‘Department 

19 of the Navy’’ and ‘‘Secretary of the Navy’’ each place they 

20 appear and inserting ‘‘Department of the Navy and Ma21 rine Corps’’ and ‘‘Secretary of the Navy and Marine 

22 Corps’’, respectively. 

23 (e) OTHER REFERENCES.—Any reference in any law 

24 other than in title 10 or title 37, United States Code, or 

25 in any regulation, document, record, or other paper of the 


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1 United States, to the Department of the Navy shall be 

2 considered to be a reference to the Department of the 

3 Navy and Marine Corps. Any such reference to an office 

4 specified in subsection (b)(2) shall be considered to be a 

5 reference to that office as redesignated by that subsection. 

6 (f) EFFECTIVE DATE.—This section and the amend7 ments made by this section shall take effect on the first 

8 day of the first month beginning more than 60 days after 

9 the date of the enactment of this Act. 

10 SEC. 906. MANAGEMENT SYSTEM OF THE DEPARTMENT OF 

11 DEFENSE. 

12 (a) DUTIES RELATING TO MANAGEMENT OF THE

13 DEPARTMENT OF DEFENSE.—The Secretary of Defense 

14 shall assign duties relating to strategic level oversight of 

15 all significant management issues of the Department of 

16 Defense to a senior official of a rank not lower than an 

17 Under Secretary of Defense. 

18 (b) MANAGEMENT SYSTEM.—The Secretary of De19 fense shall adopt a management structure for the Depart20 ment of Defense, including business support areas, which 

21 shall define roles, processes, and accountability for achiev22 ing the essential management goals of the Department of 

23 Defense 

24 (c) ESSENTIAL MANAGEMENT GOALS.—The Sec25 retary of Defense shall establish essential management 


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1 goals of the Department of Defense, including at a min2 imum, the following: 

3 (1) A comprehensive business transformation 

4 plan, with measurable performance goals and objec5 tives, to achieve an integrated management system 

6 for business support areas of the Department of De7 fense. 

8 (2) A well-defined enterprise-wide business sys9 tems architecture capable of providing accurate and 

10 timely information in support of major investment 

11 decisions. 

12 (3) Financial statements for all elements of the 

13 Department of Defense that receive clean audit 

14 opinions during independent financial audits. 

15 (d) REPORT.—Not later than 90 days after the date 

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

17 shall provide to the Committee on Armed Services of the 

18 Senate and the Committee on Armed Services of the 

19 House of Representatives a report on the implementation 

20 of this section. Matters covered in the report shall include 

21 the following: 

22 (1) The assignment of duties relating to man23 agement as required by subsection (a). 


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1 (2) Progress toward implementing a manage2 ment structure for the Department of Defense as re3 quired by subsection (b). 

4 (3) A description of the essential management 

5 goals of the Department of Defense established pur6 suant to subsection (c). 

7 (4) A description of Department of Defense ef8 forts to achieve its essential management goals as 

9 described pursuant to paragraph (3). 

10 SEC. 907. ACQUISITION PARITY FOR SPECIAL OPERATIONS 

11 COMMAND. 

12 (a) REVISION IN GUIDANCE REGARDING EXERCISE

13 OF ACQUISITION AUTHORITY BY COMMANDERS OF COM14 BATANT COMMANDS.—Subparagraph (B) of section 

15 905(b)(1) of the John Warner National Defense Author16 ization Act for Fiscal Year 2007 (Public Law 109–364; 

17 120 Stat. 2353) is amended by striking ‘‘and mutually 

18 supportive of’’ . 

19 (b) REVISION IN CONSULTATION REQUIREMENT.— 

20 Section 905(c) of such Act is amended by striking ‘‘and 

21 the heads of Defense agencies referred to in that sub22 section’’ and inserting the following: ‘‘, and ensure that 

23 the use of the acquisition authority by the heads of De24 fense Agencies referred to in that subsection is mutually 


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1 supportive of acquisition programs of the military depart2 ments’’. 

3 SEC. 908. DEPARTMENT OF DEFENSE BOARD OF ACTU4 ARIES. 

5 (a) ESTABLISHMENT.—There is established in the 

6 Department of Defense a Department of Defense Board 

7 of Actuaries (hereinafter in this section referred to as the 

8 ‘‘Board’’). 

9 (b) MEMBERSHIP.— 

10 (1) IN GENERAL.—The Board shall consist of 

11 three members who shall be appointed by the Presi12 dent from among qualified professional actuaries 

13 who are members of the Society of Actuaries. 

14 (2) TERMS.—(A) Except as provided in sub15 paragraph (B), the members of the Board shall 

16 serve for a term of 15 years, except that a member 

17 of the Board appointed to fill a vacancy occurring 

18 before the end of the term for which his predecessor 

19 was appointed shall serve only until the end of such 

20 term. A member may serve after the end of his term 

21 until his successor has taken office. A member of the 

22 Board may be removed by the President. 

23 (B) The three current members of the Depart24 ment of Defense Retirement Board of Actuaries and 

25 the Department of Defense Education Benefits 


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1 Board of Actuaries shall serve the remainder of their 

2 existing terms as members of the Board pursuant to 

3 subparagraph (A). 

4 (C) A member of the Board who is not other5 wise an employee of the United States is entitled to 

6 receive pay at the daily equivalent of the annual rate 

7 of basic pay of the highest rate of basic pay then 

8 currently being paid under the General Schedule of 

9 subchapter III of chapter 53 of title 5, United 

10 States Code, for each day the member is engaged in 

11 the performance of duties vested in the Board and 

12 is entitled to travel expenses, including a per diem 

13 allowance, in accordance with section 5703 of title 5. 

14 (c) REPORT.—The Board shall report to the Sec15 retary of Defense annually on the actuarial status of the 

16 Department of Defense Military Retirement Fund estab17 lished by section 1461 of title 10, United States Code, and 

18 the Department of Defense Education Benefits Fund es19 tablished by section 2006 of title 10, and shall furnish 

20 its advice and opinion on matters referred to it by the Sec21 retary. 

22 (d) RECORDS.—The Secretary shall keep, or cause to 

23 be kept, such records as necessary for determining the ac24 tuarial status of the Funds. 


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1 (e) DOD EDUCATION BENEFITS FUND.—The Board 

2 shall review valuations of the Department of Defense Edu3 cation Benefits Fund under section 2006(f) of title 10, 

4 United States Code, and shall recommend to the President 

5 and thereafter to Congress such changes as in the Board’s 

6 judgment are appropriate and necessary to protect the 

7 public interest and maintain the Department of Defense 

8 Education Benefits Fund on a sound actuarial basis. 

9 (f) DOD MILITARY RETIREMENT FUND.—The 

10 Board shall review valuations of the Department of De11 fense Military Retirement Fund under section 1465(c) of 

12 title 10, United States Code, and shall report periodically, 

13 not less than once every four years, to the President and 

14 thereafter to Congress on the status of the Department 

15 of Defense Military Retirement Fund. The Board shall in16 clude in such report recommendations for such changes 

17 as in the Board’s judgment are appropriate and necessary 

18 to protect the public interest and maintain the Depart19 ment of Defense Military Retirement Fund on a sound 

20 actuarial basis. 

21 (g) REPEAL OF SUPERSEDED PROVISIONS.—(1) Sec22 tion 1464 of title 10, United States Code, is repealed. 

23 (2) Section 2006 of title 10 is amended by striking 

24 subsection (e). 

25 (h) CONFORMING AMENDMENTS.— 


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

2 chapter 74 of title 10, United States Code, is 

3 amended by striking the item relating to section 

4 1464. 

5 (2) Section 1175(h)(4) of such title is amended 

6 by striking ‘‘Retirement’’ the first place it appears. 

7 (3) Section 1460(b) of such title is amended by 

8 striking ‘‘Retirement’’. 

9 (4) Section 1466(c)(3) of such title is amended 

10 by striking ‘‘Retirement’’. 

11 (5) Section 12521(6) of such title is amended 

12 by striking ‘‘Department of Defense Education Ben13 efits Board of Actuaries referred to in section 

14 2006(e)(1) of this title’’ and inserting ‘‘Department 

15 of Defense Board of Actuaries’’. 

16 Subtitle B—Space Activities 

17 SEC. 911. SPACE PROTECTION POLICY AND STRATEGY. 

18 (a) POLICY.—It is the policy of the United States 

19 that the Secretary of Defense accord, after the date of 

20 the enactment of this Act, a greater priority within the 

21 Nation’s space programs to the protection of national se22 curity space systems than the Secretary has accorded be23 fore the date of the enactment of this Act. 

24 (b) STRATEGY.—The Secretary of Defense shall de25 velop a strategy, to be known as the Space Protection 


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1 Strategy, for the development and fielding by the United 

2 States of the space capabilities that are necessary to en3 sure freedom of action in space for the United States. 

4 (c) MATTERS INCLUDED.—The strategy required by 

5 subsection (b) shall include each of the following: 

6 (1) An identification of the threats to, and the 

7 vulnerabilities of, the national security space systems 

8 of the United States. 

9 (2) A description of the systems currently con10 tained in the program of record of the Department 

11 of Defense that provide space capabilities. 

12 (3) For each period covered by the strategy, a 

13 description of the space capabilities that are needed 

14 for the period, and the space capabilities that are 

15 desired for the period, including— 

16 (A) the hardware, software, and other ma17 terials or services to be developed or procured; 

18 (B) the management and organizational 

19 changes to be achieved; and 

20 (C) concepts of operations, tactics, tech21 niques, and procedures to be employed. 

22 (4) For each period covered by the strategy, an 

23 assessment of the gaps and shortfalls between the 

24 space capabilities that are needed for the period 

25 (and the space capabilities that are desired for the 


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1 period) and the space capabilities currently con2 tained in the program of record. 

3 (5) For each period covered by the strategy, a 

4 comprehensive plan for investment in space capabili5 ties that identifies specific program and technology 

6 investments to be made in that period. 

7 (6) A description of the current processes by 

8 which the requirements of the Department of De9 fense for space systems protection are addressed in 

10 space acquisition programs and during key milestone 

11 decisions, an assessment of the adequacy of those 

12 processes, and an identification of the actions of the 

13 Department for addressing any inadequacies in 

14 those processes. 

15 (7) A description of the current processes by 

16 which the Department of Defense program and 

17 budget for space systems protection capabilities (in18 cluding capabilities that are incorporated into single 

19 programs and capabilities that span multiple pro20 grams), an assessment of the adequacy of those 

21 processes, and an identification of the actions of the 

22 Department for addressing any inadequacies in 

23 those processes. 

24 (8) A description of the organizational and 

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1 fense for addressing policy, planning, acquisition, 

2 and operations with respect to space capabilities, a 

3 description of the roles and responsibilities of each 

4 organization, and an identification of the actions of 

5 the Department for addressing any inadequacies in 

6 that structure. 

7 (d) PERIODS COVERED.—The strategy required by 

8 subsection (b) shall cover the following periods: 

9 (1) Fiscal years 2008 through 2013. 

10 (2) Fiscal years 2014 through 2019. 

11 (3) Fiscal years 2020 through 2025. 

12 (e) SPACE CAPABILITIES DEFINED.—In this section, 

13 the term ‘‘space capabilities’’ means capabilities, con14 sistent with international law and treaties, for space situa15 tional awareness and for space systems protection. 

16 (f) REPORT; BIENNIAL UPDATE.— 

17 (1) REPORT.—Not later than March 15, 2008, 

18 the Secretary of Defense shall submit to the con19 gressional defense committees a report on the strat20 egy required by subsection (b), including each of the 

21 matters required by subsection (c). 

22 (2) BIENNIAL UPDATE.—Not later than March 

23 15 of each even-numbered year after 2008, the Sec24 retary shall submit to the committees referred to in 


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1 paragraph (1) an update to the report required by 

2 paragraph (1). 

3 (3) CLASSIFICATION.—The report required by 

4 paragraph (1), and each update required by para5 graph (2), shall be in unclassified form, but may in6 clude a classified annex. 

7 (g) CONFORMING REPEAL.—Section 911 of the Na8 tional Defense Authorization Act for Fiscal Year 2006 

9 (Public Law 109–163; 119 Stat. 3405; 10 U.S.C. 2271 

10 note) is repealed. 

11 SEC. 912. BIENNIAL REPORT ON MANAGEMENT OF SPACE 

12 CADRE WITHIN THE DEPARTMENT OF DE13 FENSE. 

14 (a) IN GENERAL.—Chapter 23 of title 10, United 

15 States Code, is amended by adding at the end the fol16 lowing new section: 

17 ‘‘§ 490. Space cadre management: biennial report 

18 ‘‘(a) REQUIREMENT.—The Secretary of Defense and 

19 each Secretary of a military department shall develop 

20 metrics and use these metrics to identify, track, and man21 age space cadre personnel within the Department of De22 fense to ensure the Department has sufficient numbers of 

23 personnel with the expertise, training, and experience to 

24 meet current and future national security space needs. 

25 ‘‘(b) BIENNIAL REPORT REQUIRED.— 


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

2 after the date of the enactment of this section, and 

3 every even-numbered year thereafter, the Secretary 

4 of Defense shall submit to the congressional defense 

5 committees a report on the management of the space 

6 cadre. 

7 ‘‘(2) MATTERS INCLUDED.—The report re8 quired by paragraph (1) shall include— 

9 ‘‘(A) the number of active duty, reserve 

10 duty, and government civilian space-coded bil11 lets that— 

12 ‘‘(i) are authorized or permitted to be 

13 maintained for each military department 

14 and defense agency; 

15 ‘‘(ii) are needed or required for each 

16 military department and defense agency 

17 for the year in which the submission of the 

18 report is required; and 

19 ‘‘(iii) are needed or required for each 

20 military department and defense agency 

21 for each of the five years following the date 

22 of the submission of the report; 

23 ‘‘(B) the actual number of active duty, re24 serve duty, and government civilian personnel 

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1 sonnel within the Department of Defense, in2 cluding the military departments and defense 

3 agencies; 

4 ‘‘(C) the number of personnel recruited or 

5 hired as accessions to serve in billets coded or 

6 classified as space cadre personnel for each 

7 military department and defense agency; 

8 ‘‘(D) the number of personnel serving in 

9 billets coded or classified as space cadre per10 sonnel that discontinued serving each military 

11 department and defense agency during the pre12 ceding calendar year, categorized by rationale 

13 provided for discontinuing service; 

14 ‘‘(E) for each of the reporting require15 ments in subparagraphs (A) through (D), fur16 ther classification of the number of personnel 

17 by— 

18 ‘‘(i) space operators, acquisition per19 sonnel, engineers, scientists, program man20 agers, and other space-related areas identi21 fied by the Department; 

22 ‘‘(ii) expertise or technical specializa23 tion area— 

24 ‘‘(I) such as communications, 

25 missile warning, spacelift, and any 


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1 other space-related specialties identi2 fied by the Department or classifica3 tions used by the Department; and 

4 ‘‘(II) consistent with section 

5 1721 of this title for acquisition per6 sonnel; 

7 ‘‘(iii) rank for active duty and reserve 

8 duty personnel and grade for government 

9 civilian personnel; 

10 ‘‘(iv) qualification, expertise, or pro11 ficiency level consistent with service and 

12 agency-defined qualification, expertise, or 

13 proficiency levels; and 

14 ‘‘(v) any other such space-related clas15 sification categories used by the Depart16 ment or military departments; and 

17 ‘‘(F) any other metrics identified by the 

18 Department to improve the identification, 

19 tracking, training, and management of space 

20 cadre personnel. 

21 ‘‘(3) ASSESSMENTS.—The report required by 

22 paragraph (1) shall also include the Secretary’s as23 sessment of the state of the Department’s space 

24 cadre, the Secretary’s assessment of the space cad25 res of the military departments, and a description of 


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1 efforts to ensure the Department has a space cadre 

2 sufficient to meet current and future national secu3 rity space needs.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such chapter is amended by adding 

6 at the end the following new item: 

‘‘490. Space cadre management: biennial report.’’. 

7 Subtitle C—Chemical 

8 Demilitarization Program 

9 SEC. 921. CHEMICAL DEMILITARIZATION CITIZENS ADVI10 SORY COMMISSIONS. 

11 (a) FUNCTIONS.—Section 172 of the National De12 fense Authorization Act for Fiscal Year 1993 (50 U.S.C. 

13 1521 note) is amended— 

14 (1) in each of subsections (b) and (f), by strik15 ing ‘‘Assistant Secretary of the Army (Research, De16 velopment and Acquisition)’’ and inserting ‘‘Assist17 ant Secretary of the Army (Acquisition, Logistics, 

18 and Technology)’’; and 

19 (2) in subsection (g), by striking ‘‘Assistant 

20 Secretary of the Army (Research, Development, and 

21 Acquisition)’’ and inserting ‘‘Assistant Secretary of 

22 the Army (Acquisition, Logistics, and Technology)’’. 

23 (b) TERMINATION.—Such section is further amended 

24 in subsection (h) by striking ‘‘after the stockpile located 

25 in that commission’s State has been destroyed’’ and inVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00467 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 serting ‘‘after the closure activities required pursuant to 

2 regulations promulgated by the Administrator of the Envi3 ronmental Protection Agency pursuant to the Solid Waste 

4 Disposal Act (42 U.S.C. 6901 et seq.) have been com5 pleted for the chemical agent destruction facility in the 

6 commission’s State, or upon the request of the Governor 

7 of the commission’s State, whichever occurs first’’. 

8 SEC. 922. SENSE OF CONGRESS ON COMPLETION OF DE9 STRUCTION OF UNITED STATES CHEMICAL 

10 WEAPONS STOCKPILE. 

11 (a) FINDINGS.—Congress makes the following find12 ings: 

13 (1) The Convention on the Prohibition of the 

14 Development, Production, Stockpiling and Use of 

15 Chemical Weapons and on Their Destruction, done 

16 at Paris on January 13, 1993 (commonly referred to 

17 as the ‘‘Chemical Weapons Convention’’), originally 

18 required that destruction of the entire United States 

19 chemical weapons stockpile be completed by April 

20 29, 2007, and then subsequently extended five years 

21 to April 29, 2012. 

22 (2) Destroying existing chemical weapons is a 

23 homeland security imperative and an arms control 

24 priority and is required by United States law. 


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1 (3) The program met its one percent and 20 

2 percent destruction deadlines early, and is working 

3 towards its 45 percent destruction milestone date of 

4 December 31, 2007, as extended. 

5 (4) The mission of the Assembled Chemical 

6 Weapons Alternatives (ACWA) program, established 

7 in the Department of Defense by Congress in 1997, 

8 is to safely destroy the chemical weapons stockpiles 

9 located at Pueblo Chemical Depot, Colorado, and 

10 Blue Grass Army Depot, Kentucky, through the 

11 demonstration of systems employing alternative tech12 nologies to the incineration process. 

13 (5) Current ACWA plans call for the use of 

14 neutralization followed by on-site biotreatment of 

15 aqueous secondary wastes to destroy the Pueblo 

16 stockpile, and the use of neutralization followed by 

17 on-site supercritical water oxidation treatment of 

18 aqueous secondary wastes to destroy the Blue Grass 

19 stockpile. 

20 (6) Affected communities in Colorado and Ken21 tucky, represented respectively by the Colorado 

22 Chemical Demilitarization Citizens’ Advisory Com23 mission (CO CAC) and the Chemical Destruction 

24 Community Advisory Board (CDCAB), have made 


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1 clear their preference for on-site treatment of aque2 ous secondary wastes over off-site treatment. 

3 (7) Section 921(b)(3) of the John Warner Na4 tional Defense Authorization Act for Fiscal Year 

5 2007 (Public Law 109–364; 120 Stat. 2359) con6 tained a Sense of Congress urging the Secretary of 

7 Defense to ensure the elimination of the United 

8 States chemical weapons stockpile in the shortest 

9 time possible, consistent with the requirement to 

10 protect public health, safety, and the environment. 

11 (8) Section 921(b)(4) of that Act contained a 

12 Sense of Congress urging the Secretary of Defense 

13 to propose a credible treatment and disposal process 

14 with the support of affected communities. 

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress the Department of Defense should— 

17 (1) continue with its plan for on-site disposal of 

18 the ACWA-managed stockpiles located at Pueblo 

19 Chemical Depot, Colorado, and Blue Grass Army 

20 Depot, Kentucky; and 

21 (2) ensure that extensive consultation and noti22 fication processes exist between representatives of 

23 the Department of Defense and representatives of 

24 the relevant States and local communities. 


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1 Subtitle D—Intelligence-Related 

2 Matters 

3 SEC. 931. REPORTS ON FOREIGN LANGUAGE PROFICIENCY. 

4 (a) IN GENERAL.— 

5 (1) FOREIGN LANGUAGE PROFICIENCY RE6 PORTS.—Chapter 23 of title 10, United States Code, 

7 as amended by this Act, is further amended by add8 ing at the end the following new section: 

9 ‘‘§ 491. Foreign language proficiency: annual reports 

10 ‘‘(a) IN GENERAL.—The Secretary of each military 

11 department shall annually submit to the Secretary of De12 fense a report on the foreign language proficiency of the 

13 personnel of the military department concerned. 

14 ‘‘(b) CONTENTS.—Each report submitted under sub15 section (a) shall include, for each foreign language and, 

16 where appropriate, dialect of a foreign language— 

17 ‘‘(1) the number of positions of the military de18 partment concerned that require proficiency in the 

19 foreign language or dialect; 

20 ‘‘(2) the number of personnel of the military de21 partment that are serving in a position that— 

22 ‘‘(A) requires proficiency in the foreign 

23 language or dialect to perform the primary duty 

24 of the position; and 


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1 ‘‘(B) does not require proficiency in the 

2 foreign language or dialect to perform the pri3 mary duty of the position; 

4 ‘‘(3) the number of personnel that are pro5 ficient in the foreign language or dialect that— 

6 ‘‘(A) are authorized for the military de7 partment for which the report is submitted; and 

8 ‘‘(B) the Secretary of the military depart9 ment concerned considers necessary for the 

10 military department concerned for each of the 

11 five years following the date of the submission 

12 of the report; 

13 ‘‘(4) the number of personnel of the military de14 partment concerned rated at each level of proficiency 

15 of the Interagency Language Roundtable; 

16 ‘‘(5) whether the number of personnel at each 

17 level of proficiency of the Interagency Language 

18 Roundtable meets the requirements of the military 

19 department concerned; 

20 ‘‘(6) the number of personnel serving or hired 

21 to serve as linguists for the military department con22 cerned that are not qualified as linguists under the 

23 standards of the Interagency Language Roundtable; 


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1 ‘‘(7) the number of personnel hired to serve as 

2 linguists for the military department concerned dur3 ing the preceding calendar year; 

4 ‘‘(8) the number of personnel serving as lin5 guists that discontinued serving the military depart6 ment concerned during the preceding calendar year; 

7 ‘‘(9) the percentage of work requiring linguistic 

8 skills that is fulfilled by an ally of the United States; 

9 ‘‘(10) the percentage of work requiring lin10 guistic skills that is fulfilled by contractors; and 

11 ‘‘(11) the percentage of work requiring lin12 guistic skills that is fulfilled by personnel of the in13 telligence community (as such term is defined in sec14 tion 3(4) of the National Security Act of 1947 (50 

15 U.S.C. 401a(4))) that are not members of the armed 

16 forces on active duty assigned to the military depart17 ment for which the report is submitted. 

18 ‘‘(c) SECRETARY OF DEFENSE REPORT TO CON19 GRESS.—The Secretary of Defense shall annually submit 

20 to the congressional defense committees a report con21 taining— 

22 ‘‘(1) each report submitted to the Secretary of 

23 Defense for a year under subsection (a); 

24 ‘‘(2) for each foreign language and, where ap25 propriate, dialect of a foreign language— 


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1 ‘‘(A) the number of positions of the De2 partment of Defense that are not under the ju3 risdiction of the Secretary of a military depart4 ment that require proficiency in the foreign lan5 guage or dialect; 

6 ‘‘(B) the number of personnel of the De7 partment of Defense that are not under the ju8 risdiction of the Secretary of a military depart9 ment that are serving in a position that— 

10 ‘‘(i) requires proficiency in the foreign 

11 language or dialect to perform the primary 

12 duty of the position; and 

13 ‘‘(ii) does not require proficiency in 

14 the foreign language or dialect to perform 

15 the primary duty of the position; 

16 ‘‘(C) the number of personnel of the De17 partment of Defense that are not under the ju18 risdiction of the Secretary of a military depart19 ment that are proficient in the foreign language 

20 or dialect that— 

21 ‘‘(i) are authorized for the Depart22 ment of Defense, but not under the juris23 diction of the Secretary of a military de24 partment; and 


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1 ‘‘(ii) the Secretary of Defense con2 siders necessary for the Department of De3 fense (excluding personnel under the juris4 diction of the Secretary of a military de5 partment) for each of the five years fol6 lowing the date of the submission of the 

7 report; 

8 ‘‘(D) the number of personnel of the De9 partment of Defense that are not under the ju10 risdiction of the Secretary of a military depart11 ment rated at each level of proficiency of the 

12 Interagency Language Roundtable; 

13 ‘‘(E) whether the number of personnel at 

14 each level of proficiency of the Interagency 

15 Language Roundtable meets the requirements 

16 of the Department of Defense; 

17 ‘‘(F) the number of personnel serving or 

18 hired to serve as linguists for the Department 

19 of Defense that are not under the jurisdiction 

20 of the Secretary of a military department that 

21 are not qualified as linguists under the stand22 ards of the Interagency Language Roundtable; 

23 ‘‘(G) the number of personnel hired during 

24 the preceding calendar year to serve as linguists 

25 for the Department of Defense that are not 


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1 under the jurisdiction of the Secretary of a mili2 tary department; 

3 ‘‘(H) the number of personnel not under 

4 the jurisdiction of the Secretary of a military 

5 department serving as linguists that discon6 tinued serving the Department of Defense dur7 ing the preceding calendar year; 

8 ‘‘(I) the percentage of work requiring lin9 guistic skills that is fulfilled by an ally of the 

10 United States; 

11 ‘‘(J) the percentage of work requiring lin12 guistic skills that is fulfilled by contractors; and 

13 ‘‘(K) the percentage of work requiring lin14 guistic skills that is fulfilled by personnel of the 

15 intelligence community (as such term is defined 

16 in section 3(4) of the National Security Act of 

17 1947 (50 U.S.C. 401a(4))) that are not mem18 bers of the armed forces on active duty as19 signed to the military department for which the 

20 report is submitted; and 

21 ‘‘(3) an assessment of the foreign language ca22 pacity and capabilities of the Department of Defense 

23 as a whole. 

24 ‘‘(d) NON-MILITARY PERSONNEL.— 


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1 ‘‘(1) SECRETARY OF MILITARY DEPARTMENT

2 REPORTS.—Except as provided in subsection 

3 (a)(11), a report submitted under subsection (a) 

4 shall cover only members of the armed forces on ac5 tive duty assigned to the military department con6 cerned. 

7 ‘‘(2) SECRETARY OF DEFENSE REPORTS.—Ex8 cept as provided in subsection (c)(2)(K), a report 

9 submitted under subsection (c) shall cover only 

10 members of the armed forces on active duty assigned 

11 to the Department of Defense.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of such chapter is amended 

14 by adding at the end the following new item: 

‘‘491. Foreign language proficiency: annual reports.’’. 

15 (b) EFFECTIVE DATE.— 

16 (1) INITIAL REPORT BY SECRETARY OF EACH

17 MILITARY DEPARTMENT.—The first report required 

18 to be submitted by the Secretary of each military de19 partment under section 491(a) of title 10, United 

20 States Code, as added by subsection (a), shall be 

21 submitted not later than 180 days after the date of 

22 the enactment of this Act. 

23 (2) INITIAL REPORT BY SECRETARY OF DE24 FENSE.—The first report required to be submitted 

25 by the Secretary of Defense under section 491(c) of 


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1 title 10, United States Code, as added by subsection 

2 (a), shall be submitted not later than 240 days after 

3 the date of the enactment of this Act. 

4 SEC. 932. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 

5 STATES CODE, ARISING FROM ENACTMENT 

6 OF THE INTELLIGENCE REFORM AND TER7 RORISM PREVENTION ACT OF 2004. 

8 (a) REFERENCES TO HEAD OF INTELLIGENCE COM9 MUNITY.—Title 10, United States Code, is amended by 

10 striking ‘‘Director of Central Intelligence’’ each place it 

11 appears in the following provisions and inserting ‘‘Director 

12 of National Intelligence’’: 

13 (1) Section 192(c)(2). 

14 (2) Section 193(d)(2). 

15 (3) Section 193(e). 

16 (4) Section 201(a). 

17 (5) Section 201(c)(1). 

18 (6) Section 425(a). 

19 (7) Section 426(a)(3). 

20 (8) Section 426(b)(2). 

21 (9) Section 441(c). 

22 (10) Section 441(d). 

23 (11) Section 443(d). 

24 (12) Section 2273(b)(1). 

25 (13) Section 2723(a). 


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1 (b) REFERENCES TO HEAD OF CENTRAL INTEL2 LIGENCE AGENCY.—Such title is further amended by 

3 striking ‘‘Director of Central Intelligence’’ each place it 

4 appears in the following provisions and inserting ‘‘Director 

5 of the Central Intelligence Agency’’: 

6 (1) Section 431(b)(1). 

7 (2) Section 444. 

8 (3) Section 1089(g). 

9 (c) OTHER AMENDMENTS.— 

10 (1) SUBSECTION HEADINGS.— 

11 (A) SECTION 441(c).—The heading of sub12 section (c) of section 441 of such title is amend13 ed by striking ‘‘DIRECTOR OF CENTRAL INTEL14 LIGENCE’’ and inserting ‘‘DIRECTOR OF NA15 TIONAL INTELLIGENCE’’. 

16 (B) SECTION 443(d).—The heading of 

17 subsection (d) of section 443 of such title is 

18 amended by striking ‘‘DIRECTOR OF CENTRAL

19 INTELLIGENCE’’ and inserting ‘‘DIRECTOR OF

20 NATIONAL INTELLIGENCE’’. 

21 (2) SECTION 201.—Section 201 of such title is 

22 further amended— 

23 (A) in subsection (b)(1), to read as follows: 

24 ‘‘(1) In the event of a vacancy in a position re25 ferred to in paragraph (2), before appointing an inVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00479 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 dividual to fill the vacancy or recommending to the 

2 President an individual to be nominated to fill the 

3 vacancy, the Secretary of Defense shall obtain the 

4 concurrence of the Director of National Intelligence 

5 as provided in section 106(b) of the National Secu6 rity Act of 1947 (50 U.S.C. 403–6(b)).’’; and 

7 (B) in subsection (c)(1), by striking ‘‘Na8 tional Foreign Intelligence Program’’ and in9 serting ‘‘National Intelligence Program’’. 

10 Subtitle E—Roles and Missions 

11 Analysis 

12 SEC. 941. ANALYSIS AND ORGANIZATION OF ROLES AND 

13 MISSIONS OF DEPARTMENT OF DEFENSE. 

14 (a) REQUIREMENT FOR QUADRENNIAL ROLES AND

15 MISSIONS REVIEW.— 

16 (1) IN GENERAL.—Chapter 2 of title 10, United 

17 States Code, is amended by inserting after section 

18 118a the following new section: 

19 ‘‘§ 118b. Quadrennial roles and missions review 

20 ‘‘(a) REVIEW REQUIRED.—The Secretary of Defense 

21 shall every four years conduct a comprehensive assessment 

22 (to be known as the ‘quadrennial roles and missions re23 view’) of the roles and missions of the Department of De24 fense. Each such quadrennial roles and missions review 


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1 shall be conducted in consultation with the Chairman of 

2 the Joint Chiefs of Staff. 

3 ‘‘(b) CONDUCT OF REVIEW.—Each quadrennial roles 

4 and missions review shall be conducted so as— 

5 ‘‘(1) to organize the significant missions of the 

6 Department of Defense into core mission areas that 

7 cover broad areas of military activity, such as domi8 nance of ground, air, maritime, and space environ9 ments; expeditionary warfare; mobility; homeland de10 fense; and cyberoperations; and 

11 ‘‘(2) to ensure that the core mission areas are 

12 defined so that the areas are mutually supportive 

13 but with as little overlap in functions as is nec14 essary. 

15 ‘‘(c) SUBMISSION TO CONGRESSIONAL COMMIT16 TEES.—(1) The Secretary shall submit a report on each 

17 quadrennial roles and missions review to the Committee 

18 on Armed Services of the Senate and the Committee on 

19 Armed Services of the House of Representatives. 

20 ‘‘(2) The report shall be submitted in the year fol21 lowing the year in which the review is conducted, but not 

22 later than the date on which the President submits the 

23 budget for the next fiscal year to Congress under section 

24 1105(a) of title 31.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended 

3 by inserting after the item relating to section 118a 

4 the following new item: 

‘‘118b. Quadrennial roles and missions review.’’. 

5 (b) REPEAL OF SUPERSEDED PROVISION.—Section 

6 118(e) of title 10, United States Code, is amended— 

7 (1) by striking paragraph (2); and 

8 (2) by redesignating paragraph (3) as para9 graph (2). 

10 (c) DEADLINE FOR FIRST ROLES AND MISSIONS RE11 VIEW.—The first roles and missions review under section 

12 118b of title 10, United States Code, as added by sub13 section (a), shall be performed and completed during 

14 2008. 

15 SEC. 942. IDENTIFICATION OF CORE COMPETENCIES OF 

16 THE MILITARY DEPARTMENTS AND OTHER 

17 ENTITIES WITHIN THE DEPARTMENT OF DE18 FENSE. 

19 (a) IN GENERAL.— 

20 (1) REQUIREMENT.—Chapter 3 of title 10, 

21 United States Code, is amended by inserting after 

22 section 125 the following new section: 

23 ‘‘§ 125a. Core competencies 

24 ‘‘(a) REQUIREMENT TO IDENTIFY CORE COM25 PETENCIES.—The Secretary of Defense, in consultation 


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1 with the Chairman of the Joint Chiefs of Staff and the 

2 Secretaries of the military departments, shall identify core 

3 competencies for each of the following: 

4 ‘‘(1) Each military department. 

5 ‘‘(2) The Office of the Secretary of Defense. 

6 ‘‘(3) Each Defense Agency. 

7 ‘‘(4) Each Department of Defense Field Activ8 ity. 

9 ‘‘(5) Each combatant command with acquisition 

10 authority. 

11 ‘‘(b) BASIS OF COMPETENCIES.—In identifying the 

12 core competencies of an entity listed in subsection (a), the 

13 Secretary of Defense shall— 

14 ‘‘(1) ensure that each core competency is clearly 

15 associated with a core mission area of the Depart16 ment of Defense (as identified pursuant to the quad17 rennial roles and missions review under section 118b 

18 of this title); and 

19 ‘‘(2) base such identification on the ability of 

20 an entity to provide doctrinal, organizational, train21 ing, materiel, leadership, personnel, and facilities so22 lutions to meet requirements within a core mission 

23 area of the Department of Defense.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended 

3 by adding at the end the following new item: 

‘‘125a. Core competencies.’’. 

4 (b) REPORT ON CORE COMPETENCIES.—The Sec5 retary of Defense shall submit to the Committees on 

6 Armed Services of the Senate and the House of Represent7 atives a report on the core competencies identified under 

8 section 125a of title 10, United States Code, as added by 

9 subsection (a), not later than the date on which the budget 

10 for fiscal year 2009 is submitted to Congress by the Presi11 dent under section 1105(a) of title 31, United States 

12 Code. 

13 SEC. 943. REVIEW OF CAPABILITIES OF THE MILITARY DE14 PARTMENTS AND OTHER ENTITIES. 

15 (a) REVIEW REQUIRED.—The Secretary of Defense 

16 shall conduct a review of the capabilities that each of the 

17 following entities is performing or developing: 

18 (1) Each military department. 

19 (2) The Office of the Secretary of Defense. 

20 (3) Each Defense Agency. 

21 (4) Each Department of Defense Field Activity. 

22 (5) Each combatant command with acquisition 

23 authority. 

24 (b) MATTERS COVERED.—In conducting the review, 

25 the Secretary of Defense— 


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1 (1) shall determine whether any such capabili2 ties are outside the entity’s core competencies (as 

3 identified under section 125a of this title) or outside 

4 a core mission area of the Department of Defense 

5 (as identified pursuant to the quadrennial roles and 

6 missions review under section 118b of this title); 

7 (2) shall determine whether any core com8 petencies required to effectively perform the core 

9 mission areas of the Department of Defense are not 

10 being performed or developed in any entity listed in 

11 subsection (a); and 

12 (3) shall determine whether there is any dupli13 cation of a capability within a core mission area, and 

14 provide a justification for such duplication. 

15 (c) REPORT TO CONGRESS; LIMITATION.—Not later 

16 than June 1, 2009, the Secretary shall submit to the Com17 mittees on Armed Services of the Senate and the House 

18 of Representatives a report on the review. No new major 

19 defense acquisition programs may be started in the De20 partment of Defense after June 1, 2009, until the report 

21 has been submitted to such committees. 

22 SEC. 944. JOINT REQUIREMENTS OVERSIGHT COUNCIL AD23 DITIONAL DUTIES RELATING TO CORE MIS24 SION AREAS. 

25 (a) REVISIONS IN MISSION.— 


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1 (1) REVISIONS.—Subsection (b) of section 181 

2 of title 10, United States Code, is amended to read 

3 as follows: 

4 ‘‘(b) MISSION.—In addition to other matters assigned 

5 to it by the President or Secretary of Defense, the Joint 

6 Requirements Oversight Council shall— 

7 ‘‘(1) assist the Chairman of the Joint Chiefs of 

8 Staff— 

9 ‘‘(A) in identifying, assessing, and approv10 ing joint military requirements (including exist11 ing systems and equipment) to meet the na12 tional military strategy; and 

13 ‘‘(B) in identifying the core mission area 

14 associated with each such requirement; 

15 ‘‘(2) assist the Chairman in establishing and 

16 assigning priority levels for joint military require17 ments; 

18 ‘‘(3) assist the Chairman in estimating the level 

19 of resources required in the fulfillment of each joint 

20 military requirement and in ensuring that such re21 source level is consistent with the level of priority as22 signed to such requirement; and 

23 ‘‘(4) assist the Chairman in considering alter24 natives to any acquisition program that has been 

25 identified to meet joint military requirements by 


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1 evaluating the cost, schedule, and performance cri2 teria of each alternative and of the identified pro3 gram.’’. 

4 (2) DEFINITIONS.—Section 181 of such title is 

5 amended by adding at the end the following new 

6 subsection: 

7 ‘‘(e) DEFINITIONS.—In this section: 

8 ‘‘(1) The term ‘joint military requirement’ 

9 means a capability necessary to fulfill a gap in a 

10 core mission area of the Department of Defense. 

11 ‘‘(2) The term ‘core mission area’ means a core 

12 mission area of the Department of Defense identi13 fied under the most recent quadrennial roles and 

14 missions review pursuant to section 118b of this 

15 title.’’. 

16 (b) ADDITIONAL MEMBERS OF JOINT REQUIRE17 MENTS OVERSIGHT COUNCIL.—Section 181(c) of title 10, 

18 United States Code, is amended— 

19 (1) by redesignating subparagraphs (B), (C), 

20 (D), and (E) as subparagraphs (D), (E), (F), and 

21 (G), respectively; and 

22 (2) by inserting after subparagraph (A) the fol23 lowing new subparagraphs: 

24 ‘‘(B) the Under Secretary of Defense for Acqui25 sition, Technology, and Logistics; 


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1 ‘‘(C) the Director of the Office of Program 

2 Analysis and Evaluation;’’. 

3 (c) ORGANIZATION.—Section 181 of such title is 

4 amended— 

5 (1) by redesignating subsections (d) and (e) (as 

6 added by subsection (a)) as subsections (e) and (f), 

7 respectively; and 

8 (2) by inserting after subsection (c) the fol9 lowing new subsection (d): 

10 ‘‘(d) ORGANIZATION.—The Joint Requirements Over11 sight Council shall organize its activities according to the 

12 core missions areas of the Department of Defense. In any 

13 review of a core mission area, the officer or official as14 signed to lead the review shall have a deputy from a dif15 ferent military department.’’. 

16 (d) DEADLINES.—Effective June 1, 2009, all joint 

17 military requirements documents of the Joint Require18 ments Oversight Council produced to carry out its mission 

19 under section 181(b)(1) of title 10, United States Code, 

20 shall conform to the core mission areas organized and de21 fined under section 118b of such title. Not later than Oc22 tober 1, 2009, all such documents produced before June 

23 1, 2009, shall conform to such structure. 

24 (e) REVISED FUNCTION OF CHAIRMAN OF JOINT

25 CHIEFS OF STAFF.—Section 153(a)(4)(F) of title 10, 


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1 United States Code, is amended by striking ‘‘Assessing 

2 military requirements for defense acquisition programs.’’ 

3 and inserting ‘‘Advising the Secretary on the effective and 

4 efficient coordination of all military requirements for de5 fense acquisition programs.’’. 

6 SEC. 945. REQUIREMENT FOR CERTIFICATION OF MAJOR 

7 SYSTEMS PRIOR TO TECHNOLOGY DEVELOP8 MENT. 

9 (a) REQUIREMENT FOR CERTIFICATION.— 

10 (1) IN GENERAL.—Chapter 139 of title 10, 

11 United States Code, is amended by inserting after 

12 section 2366a the following new section: 

13 ‘‘§ 2366b. Major systems: requirement for Joint Re14 quirements Oversight Council certifi15 cation 

16 ‘‘(a) CERTIFICATION.—Before the start of technology 

17 development for a major system, the Joint Requirements 

18 Oversight Council shall certify— 

19 ‘‘(1) that the system fulfills an approved initial 

20 capabilities document; 

21 ‘‘(2) that the system is being executed by an 

22 entity with a relevant core competency as identified 

23 by the Secretary of Defense under section 125a of 

24 this title; 


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1 ‘‘(3) if the system duplicates a capability al2 ready provided by an existing system, the duplica3 tion provided by such system is necessary and ap4 propriate; and 

5 ‘‘(4) that a cost estimate for the system has 

6 been submitted and that the level of resources re7 quired to develop and procure the system is con8 sistent with the level of resources estimated by the 

9 Joint Requirements Oversight Council for the initial 

10 capabilities document identified under paragraph 

11 (1). 

12 ‘‘(b) NOTIFICATION.—With respect to a major sys13 tem certified by the Joint Requirements Oversight Council 

14 under subsection (a), if the projected cost of the system, 

15 at any time prior to Milestone B approval, exceeds the 

16 cost estimate for the system submitted to the Council at 

17 the time of the certification by at least 25 percent, the 

18 Secretary of the military department concerned, or in the 

19 case of Office of the Secretary of Defense, a Defense 

20 Agency, or a Department of Defense Field Activity, the 

21 Secretary of Defense, shall notify the Joint Requirements 

22 Oversight Council. Upon receipt of such notification, the 

23 Council shall consider whether to recommend that the pro24 gram be continued or that the program be terminated. 

25 ‘‘ (c) DEFINITIONS.—In this section: 


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1 ‘‘(1) The term ‘major system’ has the meaning 

2 provided in section 2302(5) of this title. 

3 ‘‘(2) The term ‘initial capabilities document’ 

4 means any capabilities requirement document ap5 proved by the Joint Requirements Oversight Council 

6 that establishes the need for a materiel approach to 

7 resolve a capability gap. 

8 ‘‘(3) The term ‘technology development pro9 gram’ means a coordinated effort to assess tech10 nologies and refine user performance parameters to 

11 fulfill a capability gap identified in an initial capa12 bilities document. 

13 ‘‘(4) The term ‘entity’ means an entity listed in 

14 section 125a(a) of this title. 

15 ‘‘(5) The term ‘Milestone B approval’ has the 

16 meaning provided that term in section 2366(e)(7) of 

17 this title.’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of such chapter is amended 

20 by adding at the end the following new item: 

‘‘2366b. Major systems: requirement for Joint Requirements Oversight Council 

certification.’’. 

21 (b) EFFECTIVE DATE.—Section 2366b of title 10, 

22 United States Code, as added by subsection (a), shall 

23 apply to major systems on and after March 1, 2008. 


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1 SEC. 946. PRESENTATION OF FUTURE-YEARS MISSION 

2 BUDGET BY CORE MISSION AREA. 

3 (a) TIME OF SUBMISSION OF FUTURE-YEARS MIS4 SION BUDGET.—The second sentence of section 222(a) of 

5 title 10, United States Code, is amended to read as fol6 lows: ‘‘That budget shall be submitted for any fiscal year 

7 with the future-years defense program submitted under 

8 section 221 of this title.’’. 

9 (b) ORGANIZATION OF FUTURE-YEARS MISSION

10 BUDGET.—The second sentence of section 222(b) of such 

11 title is amended by striking ‘‘on the basis’’ and all that 

12 follows through the end of the sentence and inserting the 

13 following: ‘‘on the basis of both major force programs and 

14 the core mission areas identified under the most recent 

15 quadrennial roles and missions review pursuant to section 

16 118b of this title.’’. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply with respect to the future-years 

19 mission budget for fiscal year 2010 and each fiscal year 

20 thereafter. 

21 SEC. 947. FUTURE CAPABILITY PLANNING BY JOINT RE22 QUIREMENTS OVERSIGHT COUNCIL. 

23 (a) REQUIREMENT FOR EXTENDED PLANNING AN24 NEXES.—Section 181 of title 10, United States Code, as 

25 amended by this subtitle, is further amended— 


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1 (1) by redesignating subsection (f) as sub2 section (g); and 

3 (2) by inserting after subsection (e) the fol4 lowing new subsection (f): 

5 ‘‘(f) FUTURE CAPABILITY PLANNING.—(1)(A) The 

6 Secretary of Defense shall direct the commanders of com7 batant commands to prepare extended planning annexes 

8 to all operational and contingency plans. Each extended 

9 planning annex shall— 

10 ‘‘(i) include the commander’s assessment of the 

11 capabilities needed to successfully accomplish the 

12 missions for which the operational and contingency 

13 plans were created; 

14 ‘‘(ii) use a 15-year planning horizon and take 

15 into account expected changes in threats, the geo16 political environment, and doctrine, training, and 

17 operational concepts; and 

18 ‘‘(iii) provide capability assessments for the 

19 year in which the annex is submitted and for the 

20 5th, 10th, and 15th years after such year. 

21 ‘‘(B) The extended planning annexes shall be sub22 mitted to the Secretary of Defense and the Chairman of 

23 the Joint Chiefs of Staff biannually. 

24 ‘‘(2) The Joint Requirements Oversight Council 

25 shall— 


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1 ‘‘(A) in consultation with the office responsible 

2 for program analysis and evaluation within the Of3 fice of the Secretary of Defense and the Office of 

4 the Under Secretary of Defense for Acquisition, 

5 Technology, and Logistics, match— 

6 ‘‘(i) the capabilities that are expected to be 

7 provided by the acquisition programs in exist8 ence during the period covered by the most re9 cent extended planning annexes, including clas10 sified and compartmentalized programs, and 

11 the science and technology programs in exist12 ence during that period, with 

13 ‘‘(ii) capability needs identified in the ex14 tended planning annexes prepared under para15 graph (1); 

16 ‘‘(B) in coordination with the commanders of 

17 the combatant commands, and within 30 days after 

18 submission of the extended planning annexes, iden19 tify gaps in capabilities not likely to be closed by ex20 isting acquisition programs and science and tech21 nology programs described in subparagraph (A)(i), 

22 assign priorities for addressing such gaps, and iden23 tify areas where such programs are expected to pro24 vide capability beyond that which is required; and 


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1 ‘‘(C) develop a plan for the Department of De2 fense to acquire needed joint capabilities and divest 

3 itself of unneeded capabilities, based on the extended 

4 planning annexes prepared under paragraph (1). 

5 ‘‘(3) In this subsection, the term ‘operational and 

6 contingency plans’ means plans prepared by a commander 

7 of a combatant command to carry out missions assigned 

8 to the command under section 164 of this title.’’. 

9 (b) DEADLINE FOR FIRST EXTENDED PLANNING

10 ANNEXES.—The first extended planning annexes under 

11 section 181(f) of title 10, United States Code, as added 

12 by subsection (a), shall be submitted under that section 

13 not later than 90 days after the date of the enactment 

14 of this Act. 

15 Subtitle F—Other Matters 

16 SEC. 951. DEPARTMENT OF DEFENSE CONSIDERATION OF 

17 EFFECT OF CLIMATE CHANGE ON DEPART18 MENT FACILITIES, CAPABILITIES, AND MIS19 SIONS. 

20 Section 118 of title 10, United States Code, is 

21 amended by adding at the end the following new sub22 section: 

23 ‘‘(g) CONSIDERATION OF EFFECT OF CLIMATE

24 CHANGE ON DEPARTMENT FACILITIES, CAPABILITIES, 

25 AND MISSIONS.—(1) The first national security strategy 


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1 and national defense strategy prepared after the date of 

2 the enactment of this subsection shall include guidance for 

3 military planners— 

4 ‘‘(A) to assess the risks of projected climate 

5 change to current and future missions of the armed 

6 forces; 

7 ‘‘(B) to update defense plans based on these as8 sessments, including working with allies and part9 ners to incorporate climate mitigation strategies, ca10 pacity building, and relevant research and develop11 ment; and 

12 ‘‘(C) to develop the capabilities needed to re13 duce future impacts. 

14 ‘‘(2) The first quadrennial defense review prepared 

15 after the date of the enactment of this subsection shall 

16 also examine the capabilities of the armed forces to re17 spond to the consequences of climate change, in particular, 

18 preparedness for natural disasters from extreme weather 

19 events and other missions the armed forces may be asked 

20 to support inside the United States and overseas. 

21 ‘‘(3) For planning purposes to comply with the re22 quirements of this subsection, the Secretary of Defense 

23 shall use— 


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1 ‘‘(A) the mid-range projections of the fourth as2 sessment report of the Intergovernmental Panel on 

3 Climate Change; 

4 ‘‘(B) subsequent mid-range consensus climate 

5 projections if more recent information is available 

6 when the next national security strategy, national 

7 defense strategy, or quadrennial defense review, as 

8 the case may be, is conducted; and 

9 ‘‘(C) findings of appropriate and available esti10 mations or studies of the anticipated strategic, so11 cial, political, and economic effects of global climate 

12 change and the implications of such effects on the 

13 national security of the United States. 

14 ‘‘(4) In this subsection, the term ‘national security 

15 strategy’ means the annual national security strategy re16 port of the President under section 108 of the National 

17 Security Act of 1947 (50 U.S.C. 404a).’’. 

18 SEC. 952. INTERAGENCY POLICY COORDINATION. 

19 (a) PLAN REQUIRED.—Not later than 180 days after 

20 the date of the enactment of this Act, the Secretary of 

21 Defense shall develop and submit to Congress a plan to 

22 improve and reform the interagency coordination process 

23 on national security issues. 

24 (b) ELEMENTS.—The elements of the plan shall in25 clude the following: 


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1 (1) Assigning either the Under Secretary of De2 fense for Policy or another official to be the lead pol3 icy official for improving and reforming the inter4 agency coordination process on national security 

5 issues for the Department of Defense, with an expla6 nation of any decision to name an official other than 

7 the Under Secretary and the relative advantages and 

8 disadvantages of such decision. 

9 (2) Giving the official assigned under para10 graph (1) the following responsibilities: 

11 (A) To be the lead person at the Depart12 ment of Defense for the development of policy 

13 affecting the national security interagency proc14 ess. 

15 (B) To serve, or designate a person to 

16 serve, as the representative of the Department 

17 of Defense in Federal Government forums es18 tablished to address interagency policy, plan19 ning, or reforms. 

20 (C) To advocate, on behalf of the Sec21 retary, for greater interagency coordination and 

22 contributions in the execution of the National 

23 Security Strategy and particularly specific oper24 ational objectives undertaken pursuant to that 

25 strategy. 


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1 (D) To make recommendations to the Sec2 retary of Defense on changes to existing De3 partment of Defense regulations or laws to im4 prove the interagency process. 

5 (E) To serve as the coordinator for all 

6 planning and training assistance that is— 

7 (i) designed to improve the inter8 agency process or the capabilities of other 

9 agencies to work with the Department of 

10 Defense; and 

11 (ii) provided by the Department of 

12 Defense at the request of other agencies. 

13 (F) To serve as the lead official in Depart14 ment of Defense for the development of 

15 deployable joint interagency task forces. 

16 (c) FACTORS TO BE CONSIDERED.—In drafting the 

17 plan, the Secretary of Defense shall also consider the fol18 lowing factors: 

19 (1) How the official assigned under subsection 

20 (b)(1) shall provide input to the Secretary of De21 fense on an ongoing basis on how to incorporate the 

22 need to coordinate with other agencies into the es23 tablishment and reform of combatant commands. 

24 (2) How such official shall develop and make 

25 recommendations to the Secretary of Defense on a 


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1 regular or an ongoing basis on changes to military 

2 and civilian personnel to improve interagency coordi3 nation. 

4 (3) How such official shall work with the com5 batant command that has the mission for joint 

6 warfighting experimentation and other interested 

7 agencies to develop exercises to test and validate 

8 interagency planning and capabilities. 

9 (4) How such official shall lead, coordinate, or 

10 participate in after-action reviews of operations, 

11 tests, and exercises to capture lessons learned re12 garding the functioning of the interagency process 

13 and how those lessons learned will be disseminated. 

14 (5) The role of such official in ensuring that fu15 ture defense planning guidance takes into account 

16 the capabilities and needs of other agencies. 

17 (d) RECOMMENDATION ON CHANGES IN LAW.—The 

18 Secretary of Defense may submit with the plan or with 

19 any future budget submissions recommendations for any 

20 changes to law that are required to enhance the ability 

21 of the official assigned under subsection (b)(1) in the De22 partment of Defense to coordinate defense interagency ef23 forts or to improve the ability of the Department of De24 fense to work with other agencies. 


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1 (e) ANNUAL REPORT.—If an official is named by the 

2 Secretary of Defense under subsection (b)(1), the official 

3 shall annually submit to Congress a report, beginning in 

4 the fiscal year following the naming of the official, on 

5 those actions taken by the Department of Defense to en6 hance national security interagency coordination, the 

7 views of the Department of Defense on efforts and chal8 lenges in improving the ability of agencies to work to9 gether, and suggestions on changes needed to laws or reg10 ulations that would enhance the coordination of efforts of 

11 agencies. 

12 (f) DEFINITION.—In this section, the term ‘‘inter13 agency coordination’’, within the context of Department 

14 of Defense involvement, means the coordination that oc15 curs between elements of the Department of Defense and 

16 engaged Federal Government agencies for the purpose of 

17 achieving an objective. 

18 (g) CONSTRUCTION.—Nothing in this provision shall 

19 be construed as preventing the Secretary of Defense from 

20 naming an official with the responsibilities listed in sub21 section (b) before the submission of the report required 

22 under this section. 


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1 SEC. 953. EXPANSION OF EMPLOYMENT CREDITABLE 

2 UNDER SERVICE AGREEMENTS UNDER NA3 TIONAL SECURITY EDUCATION PROGRAM. 

4 Paragraph (2) of subsection (b) of section 802 of the 

5 David L. Boren National Security Education Act of 1991 

6 (50 U.S.C. 1902), as most recently amended by section 

7 945 of the John Warner National Defense Authorization 

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

9 2367), is amended— 

10 (1) in subparagraph (A)— 

11 (A) in clause (i) by striking ‘‘or’’ at the 

12 end; and 

13 (B) by adding at the end the following: 

14 ‘‘(iii) for not less than one academic 

15 year in a position in the field of education 

16 in a discipline related to the study sup17 ported by the program if the recipient 

18 demonstrates to the Secretary of Defense 

19 that no position is available in the depart20 ments, agencies, and offices covered by 

21 clauses (i) and (ii); or’’; and 

22 (2) in subparagraph (B)— 

23 (A) in clause (i) by striking ‘‘or’’ at the 

24 end; 

25 (B) in clause (ii) by striking ‘‘and’’ at the 

26 end and inserting ‘‘or’’; and 


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

2 ‘‘(iii) for not less than one academic 

3 year in a position in the field of education 

4 in a discipline related to the study sup5 ported by the program if the recipient 

6 demonstrates to the Secretary of Defense 

7 that no position is available in the depart8 ments, agencies, and offices covered by 

9 clauses (i) and (ii); and’’. 

10 SEC. 954. STUDY OF NATIONAL SECURITY INTERAGENCY 

11 SYSTEM. 

12 (a) STUDY REQUIRED.—The Secretary of Defense 

13 may enter into an agreement with an independent, non14 profit, nonpartisan organization to conduct a study on the 

15 national security interagency system. 

16 (b) REPORT.—The agreement entered into under 

17 subsection (a) shall require the organization to submit to 

18 Congress and the President a report containing the results 

19 of the study conducted pursuant to such agreement and 

20 any recommendations for changes to the national security 

21 interagency system (including legislative or regulatory 

22 changes). 

23 (c) SUBMISSION DATE.—The agreement entered into 

24 under subsection (a) shall require the organization to sub25 mit the report required under subsection (b) not later than 


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1 180 days after the date on which the Secretary makes 

2 funds appropriated pursuant to section 301(5) available 

3 to the organization. 

4 (d) NATIONAL SECURITY INTERAGENCY SYSTEM DE5 FINED.—In this section, the term ‘‘national security inter6 agency system’’ means the structures, mechanisms, and 

7 processes by which the departments, agencies, and ele8 ments of the Federal Government that have national secu9 rity missions integrate their policies, capabilities, exper10 tise, and activities to accomplish such missions. 

11 (e) FUNDING.—Of the amounts authorized to be ap12 propriated by section 301(5), not more than $4,000,000 

13 shall be available to carry out this section. 

14 TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. United States contribution to NATO common-funded budgets in fiscal year 2008. 

Subtitle B—Policy Relating to Vessels and Shipyards 

Sec. 1011. Limitation on leasing of foreign-built vessels. 

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

United States Navy. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Extension of authority for joint task forces to provide support to law 

enforcement agencies conducting counter-terrorism activities. 

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

Subtitle D—Reports 

Sec. 1031. Extension and modification of report relating to hardened and deeply buried targets. 

Sec. 1032. Comptroller General review of the Joint Improvised Explosive Device Defeat Organization. 


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Sec. 1033. Report on a national joint modeling and simulation development 

strategy. 

Sec. 1034. Report on impact on families of military personnel serving multiple 

overseas deployments. 

Sec. 1035 Commercial aviation technologies. 

Sec. 1036. Review of Department of Defense procedures to classify excess defense articles and defense services with military technology 

components. 

Subtitle E—Other Matters 

Sec. 1041. Enhancement of corrosion control and prevention functions within 

Department of Defense. 

Sec. 1042. Support by National Guard for national special security events and 

other critical national security activities. 

Sec. 1043. Improved authority to provide rewards for assistance in combating 

terrorism. 

Sec. 1044. Revision of proficiency flying definition. 

Sec. 1045. Support for non-Federal development and testing of material for 

chemical agent defense. 

Sec. 1046. Congressional Commission on the Strategic Posture of the United 

States. 

Sec. 1047. Technical and clerical amendments. 

Sec. 1048. Repeal of certification requirement. 

Sec. 1049. Prohibition on sale by Department of Defense of parts for F–14 

fighter aircraft. 

Sec. 1050. Maintenance of capability for space-based nuclear detection. 

Sec. 1051. Additional weapons of mass destruction civil support teams. 

Sec. 1052. Sense of Congress regarding need to replace Army M109 155mm 

self-propelled howitzer. 

Sec. 1053. Sense of Congress regarding detainees at Naval Station, Guantanamo Bay, Cuba. 

Sec. 1054. Repeal of provisions in section 1076 of Public Law 109–364 relating 

to use of Armed Forces in major public emergencies. 

Sec. 1055. Sense of Congress regarding a memorial for members of the Armed 

Forces who died in air crash in Bakers Creek, Australia. 

Sec. 1056. Background investigations required for civilians entering military facilities and installations. 

Sec. 1057. A report on transferring individuals detained at Naval Station, 

Guantanamo Bay, Cuba. 

Sec. 1058. Study and report on use of power management software. 

1 Subtitle A—Financial Matters 

2 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

3 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

4 (1) AUTHORITY.—Upon determination by the 

5 Secretary of Defense that such action is necessary in 

6 the national interest, the Secretary may transfer 


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1 amounts of authorizations made available to the De2 partment of Defense in this division for fiscal year 

3 2008 between any such authorizations for that fiscal 

4 year (or any subdivisions thereof). Amounts of au5 thorizations so transferred shall be merged with and 

6 be available for the same purposes as the authoriza7 tion to which transferred. 

8 (2) LIMITATION.—The total amount of author9 izations that the Secretary may transfer under the 

10 authority of this section may not exceed 

11 $4,500,000,000. 

12 (b) LIMITATIONS.—The authority provided by this 

13 section to transfer authorizations— 

14 (1) may only be used to provide authority for 

15 items that have a higher priority than the items 

16 from which authority is transferred; and 

17 (2) may not be used to provide authority for an 

18 item that has been denied authorization by Con19 gress. 

20 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

21 transfer made from one account to another under the au22 thority of this section shall be deemed to increase the 

23 amount authorized for the account to which the amount 

24 is transferred by an amount equal to the amount trans25 ferred. 


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1 (d) NOTICE TO CONGRESS.—The Secretary shall 

2 promptly notify Congress of each transfer made under 

3 subsection (a). 

4 (e) PROHIBITION ON TRANSFERS FROM GUARD AND

5 RESERVE ACCOUNTS.—Funds authorized in this division 

6 for an account of the National Guard or other reserve 

7 components of the Armed Forces may not be a source of 

8 funds for transfer to a different account other than an9 other account of the National Guard or other reserve com10 ponent. 

11 SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COM12 MON-FUNDED BUDGETS IN FISCAL YEAR 2008. 

13 (a) FISCAL YEAR 2008 LIMITATION.—The total 

14 amount contributed by the Secretary of Defense in fiscal 

15 year 2008 for the common-funded budgets of NATO may 

16 be any amount up to, but not in excess of, the amount 

17 specified in subsection (b) (rather than the maximum 

18 amount that would otherwise be applicable to those con19 tributions under the fiscal year 1998 baseline limitation). 

20 (b) TOTAL AMOUNT.—The amount of the limitation 

21 applicable under subsection (a) is the sum of the following: 

22 (1) The amounts of unexpended balances, as of 

23 the end of fiscal year 2007, of funds appropriated 

24 for fiscal years before fiscal year 2008 for payments 

25 for those budgets. 


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1 (2) The amount specified in subsection (c)(1). 

2 (3) The amount specified in subsection (c)(2). 

3 (4) The total amount of the contributions au4 thorized to be made under section 2501. 

5 (c) AUTHORIZED AMOUNTS.—Amounts authorized to 

6 be appropriated by titles II and III of this Act are avail7 able for contributions for the common-funded budgets of 

8 NATO as follows: 

9 (1) Of the amount provided in section 201(1), 

10 $1,031,000 for the Civil Budget. 

11 (2) Of the amount provided in section 301(1), 

12 $362,159,000 for the Military Budget. 

13 (d) DEFINITIONS.—For purposes of this section: 

14 (1) COMMON-FUNDED BUDGETS OF NATO.— 

15 The term ‘‘common-funded budgets of NATO’’ 

16 means the Military Budget, the Security Investment 

17 Program, and the Civil Budget of the North Atlantic 

18 Treaty Organization (and any successor or addi19 tional account or program of NATO). 

20 (2) FISCAL YEAR 1998 BASELINE LIMITATION.— 

21 The term ‘‘fiscal year 1998 baseline limitation’’ 

22 means the maximum annual amount of Department 

23 of Defense contributions for common-funded budgets 

24 of NATO that is set forth as the annual limitation 

25 in section 3(2)(C)(ii) of the resolution of the Senate 


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1 giving the advice and consent of the Senate to the 

2 ratification of the Protocols to the North Atlantic 

3 Treaty of 1949 on the Accession of Poland, Hun4 gary, and the Czech Republic (as defined in section 

5 4(7) of that resolution), approved by the Senate on 

6 April 30, 1998. 

7 Subtitle B—Policy Relating to 

8 Vessels and Shipyards 

9 SEC. 1011. LIMITATION ON LEASING OF FOREIGN-BUILT 

10 VESSELS. 

11 (a) IN GENERAL.— 

12 (1) CONTRACTS FOR LEASES FOR MORE THAN

13 24 MONTHS.—Chapter 141 of title 10, United States 

14 Code, is amended by inserting after section 2401a 

15 the following new section: 

16 ‘‘§ 2401b. Limitation on lease of foreign-built vessels 

17 ‘‘(a) LIMITATION.—The Secretary of a military de18 partment may not make a contract for a lease or charter 

19 of a vessel for a term of more than 24 months (including 

20 all options to renew or extend the contract) if the hull, 

21 or a component of the hull and superstructure of the ves22 sel, is constructed in a foreign shipyard. 

23 ‘‘(b) PRESIDENTIAL WAIVER FOR NATIONAL SECU24 RITY INTEREST.—(1) The President may authorize excep25 tions to the limitation in subsection (a) when the President 


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1 determines that it is in the national security interest of 

2 the United States to do so. 

3 ‘‘(2) The President shall transmit notice to Congress 

4 of any such determination, and no contract may be made 

5 pursuant to the exception authorized until the end of the 

6 30-day period beginning on the date on which the notice 

7 of the determination is received by Congress.’’. 

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

10 by inserting after the item relating to section 2401a 

11 the following new item: 

‘‘2401b. Limitation on lease of foreign-built vessels.’’. 

12 (b) EFFECTIVE DATE.—Section 2401b of title 10, 

13 United States Code, as added by subsection (a), shall 

14 apply with respect to contracts entered into after the date 

15 of the enactment of this Act. 

16 SEC. 1012. POLICY RELATING TO MAJOR COMBATANT VES17 SELS OF THE STRIKE FORCES OF THE 

18 UNITED STATES NAVY. 

19 (a) INTEGRATED NUCLEAR POWER SYSTEMS.—It is 

20 the policy of the United States to construct the major 

21 combatant vessels of the strike forces of the United States 

22 Navy, including all new classes of such vessels, with inte23 grated nuclear power systems. 

24 (b) REQUIREMENT TO REQUEST NUCLEAR VES25 SELS.—If a request is submitted to Congress in the budget 


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1 for a fiscal year for construction of a new class of major 

2 combatant vessel for the strike forces of the United States, 

3 the request shall be for such a vessel with an integrated 

4 nuclear power system, unless the Secretary of Defense 

5 submits with the request a notification to Congress that 

6 the inclusion of an integrated nuclear power system in 

7 such vessel is not in the national interest. 

8 (c) DEFINITIONS.—In this section: 

9 (1) MAJOR COMBATANT VESSELS OF THE

10 STRIKE FORCES OF THE UNITED STATES NAVY.— 

11 The term ‘‘major combatant vessels of the strike 

12 forces of the United States Navy’’ means the fol13 lowing: 

14 (A) Submarines. 

15 (B) Aircraft carriers. 

16 (C) Cruisers, battleships, or other large 

17 surface combatants whose primary mission in18 cludes protection of carrier strike groups, expe19 ditionary strike groups, and vessels comprising 

20 a sea base. 

21 (2) INTEGRATED NUCLEAR POWER SYSTEM.— 

22 The term ‘‘integrated nuclear power system’’ means 

23 a ship engineering system that uses a naval nuclear 

24 reactor as its energy source and generates sufficient 

25 electric energy to provide power to the ship’s elecVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00511 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 trical loads, including its combat systems and pro2 pulsion motors. 

3 (3) BUDGET.—The term ‘‘budget’’ means the 

4 budget that is submitted to Congress by the Presi5 dent under section 1105(a) of title 31, United States 

6 Code. 

7 Subtitle C—Counter-Drug 

8 Activities 

9 SEC. 1021. EXTENSION OF AUTHORITY FOR JOINT TASK 

10 FORCES TO PROVIDE SUPPORT TO LAW EN11 FORCEMENT AGENCIES CONDUCTING 

12 COUNTER-TERRORISM ACTIVITIES. 

13 Section 1022(b) of the National Defense Authoriza14 tion Act for Fiscal Year 2004 (Public Law 108–136; 10 

15 U.S.C. 371 note) is amended by striking ‘‘and 2007’’ and 

16 inserting ‘‘through 2008’’. 

17 SEC. 1022. EXPANSION OF AUTHORITY TO PROVIDE ADDI18 TIONAL SUPPORT FOR COUNTER-DRUG AC19 TIVITIES IN CERTAIN FOREIGN COUNTRIES. 

20 Subsection (b) of section 1033 of the National De21 fense Authorization Act for Fiscal Year 1998 (Public Law 

22 105–85; 111 Stat. 1881), as amended by section 1021 of 

23 the National Defense Authorization Act for Fiscal Year 

24 2004 (Public Law 108–136, 117 Stat. 1593) and section 

25 1022 of the John Warner National Defense Authorization 


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

2 2382), is further amended by adding at the end the fol3 lowing new paragraphs: 

4 ‘‘(17) The Government of Mexico. 

5 ‘‘(18) The Government of the Dominican Re6 public.’’. 

7 Subtitle D—Reports 

8 SEC. 1031. EXTENSION AND MODIFICATION OF REPORT RE9 LATING TO HARDENED AND DEEPLY BURIED 

10 TARGETS. 

11 Section 1032 of the Bob Stump National Defense 

12 Authorization Act for Fiscal Year 2003 (Public Law 107– 

13 314; 116 Stat. 2643; 10 U.S.C. 2358 note) is amended— 

14 (1) in the heading, by striking ‘‘ANNUAL RE15 PORT ON WEAPONS’’ and inserting ‘‘REPORT ON

16 CAPABILITIES’’; 

17 (2) in subsection (a)— 

18 (A) in the heading, by striking ‘‘ANNUAL’’; 

19 (B) by striking ‘‘April 1 of each year’’ and 

20 inserting ‘‘March 1, 2009, and every two years 

21 thereafter,’’; 

22 (C) by striking ‘‘Director of Central Intel23 ligence’’ and inserting ‘‘Director of National In24 telligence’’; 


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1 (D) by striking ‘‘the preceding fiscal year’’ 

2 and inserting ‘‘the preceding two fiscal years 

3 and planned for the current fiscal year and the 

4 next fiscal year’’; and 

5 (E) by striking ‘‘to develop weapons’’ and 

6 inserting ‘‘to develop capabilities’’; 

7 (3) in subsection (b)— 

8 (A) in the matter preceding paragraph (1), 

9 by striking ‘‘The report for a fiscal year’’ and 

10 inserting ‘‘A report submitted’’; 

11 (B) in paragraph (1), by striking ‘‘were 

12 undertaken during that fiscal year’’ and insert13 ing ‘‘were or will be undertaken during the 

14 four-fiscal-year period covered by the report’’; 

15 and 

16 (C) in paragraph (2) in the matter pre17 ceding subparagraph (A), by striking ‘‘were un18 dertaken during such fiscal year’’ and inserting 

19 ‘‘were or will be undertaken during the four-fis20 cal-year period covered by the report’’; and 

21 (4) in subsection (d), by striking ‘‘April 1, 

22 2007’’ and inserting ‘‘March 1, 2013’’. 


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1 SEC. 1032. COMPTROLLER GENERAL REVIEW OF THE JOINT 

2 IMPROVISED EXPLOSIVE DEVICE DEFEAT OR3 GANIZATION. 

4 (a) EVALUATION REQUIRED.—The Comptroller Gen5 eral of the United States shall conduct a review of the 

6 Joint Improvised Explosive Device Defeat Organization 

7 and its activities. 

8 (b) ANALYSES REQUIRED.—The review required by 

9 subsection (a) shall include an analysis of each of the fol10 lowing: 

11 (1) The appropriateness and efficacy of the ef12 forts of the Organization to achieve its mission, in13 cluding strategy, plans, technologies developed, and 

14 programs funded. 

15 (2) The process used by the Organization to se16 lect appropriate and effective technologies and other 

17 solutions to achieve its mission. 

18 (3) The ability of the Organization to respond 

19 to rapidly changing threats and to anticipate future 

20 threats. 

21 (4) The performance of the Organization in 

22 leading, advocating, and coordinating all of the ac23 tivities of the Department of Defense to defeat im24 provised explosive devices and an assessment of the 

25 Organization’s authority to do so. 


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1 (5) The appropriateness of the staff of the Or2 ganization, including the number, qualifications, and 

3 functions of the personnel of the Organization and 

4 the use of contractors in the Organization. 

5 (6) The efforts of the Organization to target 

6 enemy networks and how the Organization is 

7 leveraging and coordinating such efforts with the ef8 forts of other elements of the Department, and other 

9 elements of the United States Government, that are 

10 also targeting enemy networks. 

11 (7) The feedback from the warfighter with re12 spect to the efforts of the Organization. 

13 (c) REPORT.—Not later than 180 days after the date 

14 of the enactment of this Act, the Comptroller General shall 

15 submit to the congressional defense committees a report 

16 on the results of the review required by subsection (a). 

17 The report shall contain a summary of the findings of the 

18 review. 

19 SEC. 1033. REPORT ON A NATIONAL JOINT MODELING AND 

20 SIMULATION DEVELOPMENT STRATEGY. 

21 (a) REPORT REQUIRED.—The Secretary of Defense 

22 shall submit to the congressional defense committees a re23 port that would provide for the development and imple24 mentation of a joint modeling and simulation concept to 

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1 eling and simulation requirements and that outlines a plan 

2 that details the Department’s modeling and simulation co3 ordination efforts. Such a plan shall— 

4 (1) identify the unique modeling and simulation 

5 capabilities of the components of the Department 

6 and the Combatant Commands; 

7 (2) identify incentives to reduce duplicative 

8 modeling and simulation capabilities of the compo9 nents of the Department and the Combatant Com10 mands and recommend capabilities to be divested 

11 where such duplication is not necessary; 

12 (3) recommend capabilities to be leveraged from 

13 within other Federal agencies, national laboratories, 

14 State and local governments, academia, private in15 dustry, and United States and international stand16 ards organizations; and 

17 (4) be capable of supporting joint training, ex18 perimentation, systems acquisition, test and evalua19 tion, assessment, and planning. 

20 (b) SUBMISSION OF REPORT.—Not later than nine 

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

22 Secretary shall submit the report under subsection (a). 

23 (c) MATTERS TO BE INCLUDED.—The report under 

24 subsection (a) shall include the following: 


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1 (1) An identification and description of the 

2 types of joint training, experimentation, systems ac3 quisition, test and evaluation, assessment, and plan4 ning that would be conducted using such a joint ca5 pability, together with a description of how such a 

6 joint capability would enhance accomplishment of 

7 the four priorities as focus of the 2006 Quadrennial 

8 Defense Review (QDR) Report of the Secretary of 

9 Defense issued on February 6, 2006. 

10 (2) A discussion of how establishment of such 

11 a joint capability would promote modeling and sim12 ulation innovation and transformation throughout 

13 the Department of Defense to improve operational 

14 capabilities and enhance national security. 

15 (3) A methodology, framework, and options 

16 that include consideration of leveraging existing ca17 pabilities that would accommodate requirements 

18 among all the Armed Forces, including common in19 frastructure and data. 

20 (4) A management plan for coordinating be21 tween functional and organizational stakeholders, as 

22 well as a plan to continuously introduce new mod23 eling and simulation technologies and divest out24 dated capabilities. 


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1 (5) Options to allow non-defense users to access 

2 such a modeling and simulation capability, as appro3 priate, for homeland security and consequence man4 agement for Federal, State, and local requirements. 

5 (6) Cost estimates and resource requirements to 

6 establish and maintain such a strategy, including es7 timates of costs and resource requirements for the 

8 use of government civilian and military, and contract 

9 personnel for the performance of management, oper10 ational, and logistics activities for such a capability. 

11 (7) An explanation of the relationship between 

12 and among such a capability and the Office of the 

13 Secretary of Defense, the Joint Staff, the military 

14 departments, commanders of combatant commands, 

15 Federal agencies, national laboratories, State and 

16 local governments, academia, private industry, 

17 United States and international standards organiza18 tions, and international partners with responsibility 

19 to use modeling and simulation to meet their mis20 sion. 

21 (8) A timeline for the establishment of such a 

22 capability and for such a capability to achieve— 

23 (A) initial operational capability; and 

24 (B) full operational capability. 


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1 (9) At least two alternative modeling and sim2 ulation coordination plans, including a Joint Mod3 eling and Simulation Development Strategy, pro4 vided that such plans include the required matters 

5 in subsection (a) and subsection (c), excluding sub6 section (c)(8), and provided that such reports were 

7 submitted to the Secretary by a commander of a 

8 Unified Combatant Command or Service Chief. 

9 SEC. 1034. REPORT ON IMPACT ON FAMILIES OF MILITARY 

10 PERSONNEL SERVING MULTIPLE OVERSEAS 

11 DEPLOYMENTS. 

12 Not later than 180 days after the date of enactment 

13 of this Act, the Secretary of Defense shall submit a report 

14 to Congress regarding the impact, including the financial 

15 and emotional effects, of multiple overseas deployments on 

16 the families of members of the Armed Forces serving those 

17 multiple deployments as part of Operation Iraqi Freedom 

18 and Operation Enduring Freedom. 

19 SEC. 1035. COMMERCIAL AVIATION TECHNOLOGIES. 

20 (a) STUDY.—The Secretary of Defense shall conduct 

21 a study to examine the methods by which United States 

22 air carriers and aviation technology companies research, 

23 develop, and deploy commercial aviation technologies, in24 cluding processes and products, and to determine the ap25 plicability of the technologies to military use. 


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1 (b) CONTENTS.—In conducting the study, the Sec2 retary shall determine whether technologies developed for 

3 commercial air carriers in any of the following areas are 

4 well-suited for technology transition programs: 

5 (1) Flight planning. 

6 (2) Flight operations and tracking. 

7 (3) Aircraft maintenance, repair, and overhaul. 

8 (4) Increasing fuel efficiency. 

9 (5) Optimizing labor productivity. 

10 (c) REPORT.—Not later than 180 days after the date 

11 of the enactment of this Act, the Secretary shall submit 

12 to the Committee on Armed Services and the Committee 

13 on Appropriations of the Senate and the Committee on 

14 Armed Services and the Committee on Appropriations of 

15 the House of Representatives a report on the results of 

16 the study, together with recommendations on whether the 

17 Department of Defense would benefit from commercial 

18 aviation technology solutions and, if so, which types of so19 lutions would best support the mission of the Department. 

20 SEC. 1036. REVIEW OF DEPARTMENT OF DEFENSE PROCE21 DURES TO CLASSIFY EXCESS DEFENSE ARTI22 CLES AND DEFENSE SERVICES WITH MILI23 TARY TECHNOLOGY COMPONENTS. 

24 (a) REVIEW REQUIRED.—The Secretary of Defense, 

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1 duct a thorough review of the procedures by which the 

2 Department of Defense classifies defense articles and de3 fense services with military technology components as ex4 cess to the needs of the Department to identify the extent 

5 to which, and the manner in which, existing classification 

6 procedures have failed to prevent the transfer of defense 

7 articles and defense services with military technology com8 ponents to terrorists, state sponsors of terrorism, and 

9 other unfriendly countries or groups. 

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

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

12 with the concurrence of the Secretary of State, shall sub13 mit to Congress a report that contains— 

14 (1) the results of the review of the existing clas15 sification procedures conducted under subsection (a); 

16 and 

17 (2) the measures to be implemented by the De18 partment of Defense to rectify the deficiencies of the 

19 existing classification procedures, including rec20 ommendations for any legislative changes that may 

21 be necessary to implement the measures. 

22 (c) DEFINITION.—As used in this section, the term 

23 ‘‘defense articles and defense services with military tech24 nology components’’ means those defense articles and de25 fense services designated by the President pursuant to secVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00522 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 tion 38(a)(1) of the Arms Export Control Act (22 U.S.C. 

2 2778(a)(1)), commonly known as the United States Muni3 tions List. 

4 Subtitle E—Other Matters 

5 SEC. 1041. ENHANCEMENT OF CORROSION CONTROL AND 

6 PREVENTION FUNCTIONS WITHIN DEPART7 MENT OF DEFENSE. 

8 (a) OFFICE OF CORROSION POLICY AND OVER9 SIGHT.—(1) Section 2228 of title 10, United States Code, 

10 is amended by striking the section heading and subsection 

11 (a) and inserting the following: 

12 ‘‘§ 2228. Office of Corrosion Policy and Oversight 

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

14 of Corrosion Policy and Oversight within the Office of the 

15 Under Secretary of Defense for Acquisition, Technology, 

16 and Logistics. 

17 ‘‘(2) The Office shall be headed by a Director of Cor18 rosion Policy and Oversight, who shall be assigned to such 

19 position by the Under Secretary from among civilian em20 ployees of the Department of Defense with the qualifica21 tions described in paragraph (3). The Director is respon22 sible in the Department of Defense to the Secretary of 

23 Defense (after the Under Secretary of Defense for Acqui24 sition, Technology, and Logistics) for the prevention and 

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1 frastructure of the Department of Defense. The Director 

2 shall report directly to the Under Secretary. 

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

4 of Director, an individual shall— 

5 ‘‘(A) have management expertise in, and profes6 sional experience with, corrosion project and policy 

7 implementation, including an understanding of the 

8 effects of corrosion policies on infrastructure; re9 search, development, test, and evaluation; and main10 tenance; and 

11 ‘‘(B) have an understanding of Department of 

12 Defense budget formulation and execution, policy 

13 formulation, and planning and program require14 ments. 

15 ‘‘(4) The Secretary of Defense shall designate the po16 sition of Director as a critical acquisition position under 

17 section 1733(b)(1)(C) of this title.’’. 

18 (2) Section 2228(b) of such title is amended— 

19 (A) in paragraph (1), by striking ‘‘official or or20 ganization designated under subsection (a)’’ and in21 serting ‘‘Director of Corrosion Policy and Oversight 

22 (in this section referred to as the ‘Director’)’’; and 

23 (B) in paragraphs (2), (3), (4), and (5), by 

24 striking ‘‘designated official or organization’’ and in25 serting ‘‘Director’’. 


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1 (b) ADDITIONAL AUTHORITY FOR DIRECTOR OF OF2 FICE.—Section 2228 of such title is further amended— 

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

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

5 (2) by inserting after subsection (b) the fol6 lowing new subsection: 

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

8 The Director is authorized to— 

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

10 training with the Defense Acquisition University; 

11 ‘‘(2) participate in the process within the De12 partment of Defense for the development of relevant 

13 directives and instructions; and 

14 ‘‘(3) interact directly with the corrosion preven15 tion industry, trade associations, and scientific orga16 nizations engaged in corrosion prevention, including 

17 the National Academy of Sciences.’’. 

18 (c) REPORT REQUIREMENT.—Section 2228 of such 

19 title is further amended by inserting after subsection (d) 

20 (as redesignated by subsection (b)) the following new sub21 section: 

22 ‘‘(e) REPORT.—(1) For each budget for a fiscal year, 

23 beginning with the budget for fiscal year 2009, the Sec24 retary of Defense shall submit, with the defense budget 

25 materials, a report on the following: 


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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) A justification if the funding requirements 

8 are not fully funded in the budget. 

9 ‘‘(2) Within 60 days after submission of the budget 

10 for a fiscal year, the Comptroller General shall provide to 

11 the congressional defense committees— 

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

13 corrosion control and prevention by the Department 

14 of Defense; and 

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

16 paragraph (1).’’. 

17 (d) DEFINITIONS.—Subsection (f) of section 2228 of 

18 such title, as redesignated by subsection (b), is amended 

19 by adding at the end the following new paragraphs: 

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

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

22 submitted to Congress by the President under sec23 tion 1105(a) of title 31. 

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

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1 mitted to Congress by the Secretary of Defense in 

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

3 SEC. 1042. SUPPORT BY NATIONAL GUARD FOR NATIONAL 

4 SPECIAL SECURITY EVENTS AND OTHER 

5 CRITICAL NATIONAL SECURITY ACTIVITIES. 

6 (a) IN GENERAL.—Chapter 1 of title 32, United 

7 States Code, is amended by adding at the end the fol8 lowing new section: 

9 ‘‘§ 116. Defense support of civil authorities 

10 ‘‘(a) IN GENERAL.—At the request of a Federal de11 partment or agency head in accordance with this section, 

12 and when authorized by the Secretary of Defense, the Gov13 ernor of a State may employ under this title units or mem14 bers of the National Guard of that State to provide de15 fense support of civil authorities to the requesting Federal 

16 department or agency. 

17 ‘‘(b) ACTIVITIES INCLUDED IN DEFENSE SUPPORT

18 OF CIVIL AUTHORITIES.—Defense support of civil au19 thorities activities authorized by subsection (a) include 

20 support provided for national special security events and 

21 other activities determined by the Secretary of Defense as 

22 being critical to national security, including— 

23 ‘‘(1) ground reconnaissance activities; 

24 ‘‘(2) airborne reconnaissance activities; 

25 ‘‘(3) logistical support; 


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1 ‘‘(4) emergency medical assistance and services; 

2 ‘‘(5) communications services; 

3 ‘‘(6) security assistance and services; and 

4 ‘‘(7) air and ground transportation. 

5 ‘‘(c) REIMBURSEMENT.—(1) Subject to the excep6 tions in paragraph (3), the costs incurred by the National 

7 Guard shall be reimbursed to the Department of Defense 

8 from the appropriations available to the Federal depart9 ment or agency to which the support is provided. The re10 imbursement shall include the costs of— 

11 ‘‘(A) the pay, allowances, clothing, subsistence, 

12 gratuities, travel, and related expenses of personnel 

13 of the National Guard of that State; 

14 ‘‘(B) the operation and maintenance of the 

15 equipment and facilities of the National Guard of 

16 that State; and 

17 ‘‘(C) the procurement of services and equip18 ment, and the leasing of equipment, for the National 

19 Guard of that State. 

20 ‘‘(2) Any funds received by the Department of De21 fense as reimbursement for support provided by units or 

22 members of the National Guard under this section shall 

23 be credited, at the option of the Secretary of Defense, to— 

24 ‘‘(A) the appropriation, fund, or account from 

25 which funds were expended for the support; or 


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1 ‘‘(B) the appropriate appropriation, fund, or ac2 count currently available for such purpose. 

3 ‘‘(3) A Federal department or agency to which sup4 port is provided under this section is not required to reim5 burse the Department of Defense for such support if the 

6 Secretary of Defense waives reimbursement. The Sec7 retary of Defense may waive the reimbursement require8 ment under this section if— 

9 ‘‘(A) the support is provided in the normal 

10 course of military training or operations; or 

11 ‘‘(B) the support provided results in a benefit 

12 to units or members of the National Guard pro13 viding the support that is substantially equivalent to 

14 that which would otherwise be obtained from mili15 tary operations or training. 

16 ‘‘(d) REQUIREMENTS FOR REQUESTS.—Requests for 

17 assistance from Federal departments or agencies under 

18 this section shall be submitted to the Secretary of Defense. 

19 Any such request shall include the following: 

20 ‘‘(1) The specific support capability requested. 

21 ‘‘(2) The duration of the requested support ac22 tivities. 

23 ‘‘(3) A certification that the requested support 

24 activities will be fully reimbursable. 


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1 ‘‘(4) A certification from the Governor of the 

2 State concerned that the requested support will be 

3 provided at a time when the personnel involved are 

4 not in Federal service. 

5 ‘‘(e) CHARACTERIZATION OF SERVICE.—All duty per6 formed under this section shall be considered to be full7 time National Guard duty under section 502(f) of this 

8 title. 

9 ‘‘(f) DURATION OF SUPPORT.—The period for which 

10 support may be provided to a Federal department or agen11 cy under this section shall be limited to 180 days. When 

12 requested by the head of a Federal department or agency, 

13 the Secretary of Defense may, with the concurrence of the 

14 Governor of the State concerned, extend the period of time 

15 for an additional 90 days to meet extraordinary cir16 cumstances. 

17 ‘‘(g) TRAINING AND BENEFITS.—(1) A member of 

18 the National Guard performing duty under this section 

19 shall, in addition to performing such duty, participate in 

20 the training required under section 502(a) of this title. 

21 The pay, allowances, and other benefits of the member 

22 while participating in the training shall be the same as 

23 those to which the member is entitled while performing 

24 the duty under this section. The member is not entitled 

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1 pation in training required under section 502(a)(1) of this 

2 title. 

3 ‘‘(2) To ensure that the use of units and personnel 

4 of the National Guard of a State for activities specified 

5 in subsection (b) does not degrade the training and readi6 ness of such units and personnel, the following require7 ments shall apply in determining the activities that units 

8 and personnel of the National Guard of a State may per9 form: 

10 ‘‘(A) The performance of the activities may not 

11 affect adversely the quality of that training or other12 wise interfere with the ability of a member or unit 

13 of the National Guard to perform the military func14 tions of the member or unit. 

15 ‘‘(B) The performance of the activities may not 

16 degrade the military skills of the members of the 

17 National Guard performing those activities. 

18 ‘‘(h) LIMITATION ON PROVISION OF SUPPORT AC19 TIVITIES.—Defense support of civil authorities activities 

20 conducted under authority of this section may not be pro21 vided if the provision of such support will affect adversely 

22 the military preparedness of the United States. 

23 ‘‘(i) RELATIONSHIP TO OTHER AUTHORITIES.— 

24 Nothing in this section shall be construed as a limitation 

25 on the authority of any unit of the National Guard of a 


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1 State, when such unit is not in Federal service, to perform 

2 functions authorized to be performed by the National 

3 Guard by the laws of the State concerned. 

4 ‘‘(j) DEFINITIONS.—For purposes of this section: 

5 ‘‘(1) The term ‘State’ means each of the several 

6 States, the District of Columbia, the Commonwealth 

7 of Puerto Rico, or a territory or possession of the 

8 United States. 

9 ‘‘(2) The term ‘national special security event’ 

10 means an event designated as such as authorized by 

11 the President that, by virtue of its political, eco12 nomic, social, or religious significance, may be the 

13 target of terrorism or other criminal activity.’’. 

14 (b) CLERICAL AND CONFORMING AMENDMENTS.— 

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

16 such chapter is amended by adding at the end the 

17 following new item: 

‘‘116. Defense support of civil authorities.’’. 

18 (2) Section 115(i)(13) of title 10, United States 

19 Code, is amended by inserting ‘‘or defense support 

20 of civil authorities under section 116 of such title’’ 

21 after ‘‘title 32’’. 


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1 SEC. 1043. IMPROVED AUTHORITY TO PROVIDE REWARDS 

2 FOR ASSISTANCE IN COMBATING TER3 RORISM. 

4 (a) INCREASED AMOUNTS.—Section 127b of title 10, 

5 United States Code, is amended— 

6 (1) in subsection (b), by striking ‘‘$200,000’’ 

7 and inserting ‘‘$5,000,000’’; 

8 (2) in subsection (c)(1)(B), by striking 

9 ‘‘$50,000’’ and inserting ‘‘$1,000,000’’; and 

10 (3) in subsection (d)(2), by striking 

11 ‘‘$100,000’’ and inserting ‘‘$2,000,000’’. 

12 (b) INVOLVEMENT OF ALLIED FORCES.—Such sec13 tion is further amended— 

14 (1) in subsection (a)— 

15 (A) in the matter preceding paragraph (1), 

16 by inserting after ‘‘United States Government 

17 personnel’’ the following: ‘‘, or government per18 sonnel of allied forces participating in a com19 bined operation with the armed forces,’’; 

20 (B) in paragraph (1), by inserting after 

21 ‘‘armed forces’’ the following: ‘‘, or of allied 

22 forces participating in a combined operation 

23 with the armed forces,’’; and 

24 (C) in paragraph (2), by inserting after 

25 ‘‘armed forces’’ the following: ‘‘, or of allied 


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1 forces participating in a combined operation 

2 with the armed forces’’; and 

3 (2) in subsection (c), by adding at the end the 

4 following: 

5 ‘‘(3)(A) Subject to subparagraphs (B) and (C), an 

6 official who has authority delegated under paragraph (1) 

7 or (2) may use that authority, acting through government 

8 personnel of allied forces, to offer and make rewards. 

9 ‘‘(B) The Secretary of Defense shall prescribe policies 

10 and procedures for making rewards in the manner de11 scribed in subparagraph (A), which shall include guidance 

12 for the accountability of funds used for making rewards 

13 in that manner. The policies and procedures shall not take 

14 effect until 30 days after the date on which the Secretary 

15 submits the policies and procedures to the congressional 

16 defense committees. Rewards may not be made in the 

17 manner described in subparagraph (A) except under poli18 cies and procedures that have taken effect. 

19 ‘‘(C) Rewards may not be made in the manner de20 scribed in subparagraph (A) after September 30, 2010. 

21 ‘‘(D) Not later than April 1, 2008, the Secretary of 

22 Defense shall submit to the congressional defense commit23 tees a report on the implementation of this paragraph. 

24 The report shall identify each reward made in the manner 


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1 described in subparagraph (A) and, for each such re2 ward— 

3 ‘‘(i) identify the type, amount, and recipient of 

4 the reward; 

5 ‘‘(ii) explain the reason for making the reward; 

6 and 

7 ‘‘(iii) assess the success of the reward in ad8 vancing the effort to combat terrorism.’’. 

9 (c) ANNUAL REPORT TO INCLUDE SPECIFIC INFOR10 MATION ON ADDITIONAL AUTHORITY.—Section 127b of 

11 title 10, United States Code, is further amended in sub12 section (f)(2) by adding at the end the following new sub13 paragraph: 

14 ‘‘(D) Information on the implementation of 

15 paragraph (3) of subsection (c).’’. 

16 SEC. 1044. REVISION OF PROFICIENCY FLYING DEFINITION. 

17 Subsection (c) of section 2245 of title 10, United 

18 States Code, is amended to read as follows: 

19 ‘‘(c) In this section, the term ‘proficiency flying’ 

20 means flying performed under competent orders by a rated 

21 or designated member of the armed forces while serving 

22 in a non-aviation assignment or in an assignment in which 

23 skills would normally not be maintained in the perform24 ance of assigned duties.’’. 


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1 SEC. 1045. SUPPORT FOR NON-FEDERAL DEVELOPMENT 

2 AND TESTING OF MATERIAL FOR CHEMICAL 

3 AGENT DEFENSE. 

4 (a) AUTHORITY TO PROVIDE TOXIC CHEMICALS OR

5 PRECURSORS.— 

6 (1) IN GENERAL.—The Secretary of Defense, in 

7 coordination with the heads of other elements of the 

8 Federal Government, may make available, to a 

9 State, a unit of local government, or a private entity 

10 incorporated in the United States, small quantities 

11 of a toxic chemical or precursor for the development 

12 or testing, in the United States, of material that is 

13 designed to be used for protective purposes. 

14 (2) TERMS AND CONDITIONS.—Any use of the 

15 authority under paragraph (1) shall be subject to 

16 such terms and conditions as the Secretary considers 

17 appropriate. 

18 (b) PAYMENT OF COSTS AND DISPOSITION OF

19 FUNDS.— 

20 (1) IN GENERAL.—The Secretary shall ensure, 

21 through the advance payment required by paragraph 

22 (2) and through any other payments that may be re23 quired, that a recipient of toxic chemicals or precur24 sors under subsection (a) pays for all actual costs, 

25 including direct and indirect costs, associated with 

26 providing the toxic chemicals or precursors. 


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1 (2) ADVANCE PAYMENT.—In carrying out para2 graph (1), the Secretary shall require each recipient 

3 to make an advance payment in an amount that the 

4 Secretary determines will equal all such actual costs. 

5 (3) CREDITS.—A payment received under this 

6 subsection shall be credited to the account that was 

7 used to cover the costs for which the payment was 

8 provided. Amounts so credited shall be merged with 

9 amounts in that account, and shall be available for 

10 the same purposes, and subject to the same condi11 tions and limitations, as other amounts in that ac12 count. 

13 (c) CHEMICAL WEAPONS CONVENTION.—The Sec14 retary shall ensure that toxic chemicals and precursors are 

15 made available under this section for uses and in quan16 tities that comply with the Convention on the Prohibition 

17 of the Development, Production, Stockpiling and Use of 

18 Chemical Weapons and on Their Destruction, signed at 

19 Paris on January 13, 1993, and entered into force with 

20 respect to the United States on April 29, 1997. 

21 (d) DEFINITIONS.—In this section, the terms ‘‘pre22 cursor’’, ‘‘protective purposes’’, and ‘‘toxic chemical’’ have 

23 the meanings given those terms in the convention referred 

24 to in subsection (c), in paragraph 2, paragraph 9(b), and 

25 paragraph 1, respectively, of article II of that convention. 


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1 SEC. 1046. CONGRESSIONAL COMMISSION ON THE STRA2 TEGIC POSTURE OF THE UNITED STATES. 

3 (a) ESTABLISHMENT.—There is hereby established a 

4 commission to be known as the ‘‘Congressional Commis5 sion on the Strategic Posture of the United States’’. The 

6 purpose of the commission is to examine and make rec7 ommendations with respect to the long-term strategic pos8 ture of the United States. 

9 (b) COMPOSITION.— 

10 (1) MEMBERSHIP.—The commission shall be 

11 composed of 12 members appointed as follows: 

12 (A) Three by the chairman of the Com13 mittee on Armed Services of the House of Rep14 resentatives. 

15 (B) Three by the ranking minority member 

16 of the Committee on Armed Services of the 

17 House of Representatives. 

18 (C) Three by the chairman of the Com19 mittee on Armed Services of the Senate. 

20 (D) Three by the ranking minority member 

21 of the Committee on Armed Services of the 

22 Senate. 

23 (2) CHAIRMAN; VICE CHAIRMAN.— 

24 (A) IN GENERAL.—The chairman of the 

25 Committee on Armed Services of the House of 

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1 mittee on Armed Services of the Senate shall 

2 jointly designate one member of the commission 

3 to serve as chairman of the commission and one 

4 member to serve as vice chairman. 

5 (B) CONSULTATION.—The designations 

6 under subparagraph (A) shall be made in con7 sultation with the ranking minority members of 

8 the committees described in that subparagraph. 

9 (3) PERIOD OF APPOINTMENT; VACANCIES.— 

10 Members shall be appointed for the life of the com11 mission. Any vacancy in the commission shall be 

12 filled in the same manner as the original appoint13 ment. 

14 (c) DUTIES.— 

15 (1) REVIEW.—The commission shall conduct a 

16 review of the strategic posture of the United States, 

17 including a strategic threat assessment and a de18 tailed review of nuclear weapons policy, strategy, 

19 and force structure. 

20 (2) ASSESSMENT AND RECOMMENDATIONS.— 

21 (A) ASSESSMENT.—The commission shall 

22 assess the benefits and risks associated with the 

23 current strategic posture and nuclear weapons 

24 policies of the United States. 


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1 (B) RECOMMENDATIONS.—The commis2 sion shall make recommendations as to the 

3 most appropriate strategic posture and most ef4 fective nuclear weapons strategy. 

5 (d) COOPERATION FROM GOVERNMENT.— 

6 (1) COOPERATION.—In carrying out its duties, 

7 the commission shall receive the full and timely co8 operation of the Secretary of Defense, the Secretary 

9 of Energy, the Secretary of State, the Director of 

10 National Intelligence, and any other United States 

11 Government official in providing the commission 

12 with analyses, briefings, and other information nec13 essary for the fulfillment of its responsibilities. 

14 (2) LIAISON.—The Secretary of Defense, the 

15 Secretary of Energy, the Secretary of State, and the 

16 Director of National Intelligence shall each des17 ignate at least one officer or employee of the De18 partment of Defense, the Department of Energy, the 

19 Department of State, and the intelligence commu20 nity, respectively, to serve as a liaison officer be21 tween the department (or the intelligence commu22 nity, as the case may be) and the commission. 

23 (e) REPORT.—Not later than December 1, 2008, the 

24 commission shall submit to the President, the Secretary 

25 of Defense, the Secretary of Energy, the Secretary of 


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1 State, the Committee on Armed Services of the Senate, 

2 and the Committee on Armed Services of the House of 

3 Representatives a report on the commission’s findings, 

4 conclusions, and recommendations. The report shall iden5 tify the strategic posture and nuclear weapons strategy 

6 recommended under subsection (c)(2)(B) and shall in7 clude— 

8 (1) the military capabilities and force structure 

9 necessary to support the strategy, including conven10 tional means of providing global strike capabilities; 

11 (2) the number of nuclear weapons required to 

12 support the strategy, including the number of re13 placement warheads required, if any; 

14 (3) the appropriate qualitative analysis, includ15 ing force-on-force exchange modeling, to calculate 

16 the effectiveness of the strategy under various sce17 narios; 

18 (4) the nuclear infrastructure (that is, the size 

19 of the nuclear complex) required to support the 

20 strategy; 

21 (5) an assessment of the role of missile defenses 

22 in the strategy; 

23 (6) an assessment of the role of nonprolifera24 tion programs in the strategy; 


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1 (7) the political and military implications of the 

2 strategy for the United States and its allies; and 

3 (8) any other information or recommendations 

4 relating to the strategy (or to the strategic posture) 

5 that the commission considers appropriate. 

6 (f) FUNDING.—Of the amounts appropriated or oth7 erwise made available pursuant to this Act to the Depart8 ment of Defense, $5,000,000 is available to fund the ac9 tivities of the commission. 

10 (g) TERMINATION.—The commission shall terminate 

11 on June 1, 2009. 

12 (h) CONFORMING REPEAL.—Section 1051 of the Na13 tional Defense Authorization Act for Fiscal Year 2006 

14 (Public Law 109–163; 119 Stat. 3431) is repealed. 

15 SEC. 1047. TECHNICAL AND CLERICAL AMENDMENTS. 

16 (a) TITLE 10, UNITED STATES CODE.—Title 10, 

17 United States Code, is amended as follows: 

18 (1) Chapter 3 is amended— 

19 (A) by redesignating the section 127c 

20 added by section 1201(a) of the John Warner 

21 National Defense Authorization Act for Fiscal 

22 Year 2007 (Public Law 109–364; 120 Stat. 

23 2410) as section 127d and transferring that 

24 section so as to appear immediately after the 

25 section 127c added by section 1231(a) of the 


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1 National Defense Authorization Act for Fiscal 

2 Year 2006 (Public Law 109–163; 119 Stat. 

3 3467); and 

4 (B) by revising the table of sections at the 

5 beginning of such chapter to reflect the redesig6 nation and transfer made by paragraph (1). 

7 (2) Section 629(d)(1) is amended by inserting 

8 a comma after ‘‘(a)’’. 

9 (3) Section 637(b)(3) is amended by striking 

10 ‘‘section 1251(b)’’ and inserting ‘‘section 1253’’. 

11 (4) Section 662(b) is amended by striking 

12 ‘‘paragraphs (1), (2), and (3) of subsection (a)’’ and 

13 inserting ‘‘paragraphs (1) and (2) of subsection 

14 (a)’’. 

15 (5) Section 1034(b)(2) is amended by inserting 

16 ‘‘unfavorable’’ before ‘‘action’’ the second place it 

17 appears. 

18 (6) Section 1076b(j) is amended— 

19 (A) by striking ‘‘section 205(9)’’ and in20 serting ‘‘205(10)’’; and 

21 (B) by striking ‘‘1970)’’ and inserting 

22 ‘‘1970 (title II of Public Law 91–373; 26 

23 U.S.C. 3304 note))’’. 

24 (7) The table of sections at the beginning of 

25 chapter 137 is amended by striking the item relating 


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1 to section 2333 and inserting the following new 

2 item: 

‘‘2333. Joint policies on requirements definition, contingency program management, and contingency contracting.’’. 

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

4 chapter 141 is amended by inserting a period at the 

5 end of the item relating to section 2410p. 

6 (9) The table of sections at the beginning of 

7 chapter 152 is amended by inserting a period at the 

8 end of the item relating to section 2567. 

9 (10) Section 2583(e) is amended by striking 

10 ‘‘DOGS’’ and inserting ‘‘ANIMALS’’. 

11 (11) Section 2668(e) is amended by striking 

12 ‘‘and (d)’’ and inserting ‘‘and (e)’’. 

13 (12) Section 12304(a) is amended by striking 

14 the second period at the end. 

15 (13) Section 14310(d)(1) is amended by insert16 ing a comma after ‘‘(a)’’. 

17 (b) TITLE 37, UNITED STATES CODE.—Section 

18 302c(d)(1) of title 37, United States Code, is amended 

19 by striking ‘‘Services Corps’’ and inserting ‘‘Service 

20 Corps’’. 

21 (c) JOHN WARNER NATIONAL DEFENSE AUTHOR22 IZATION ACT FOR FISCAL YEAR 2007.—Effective as of 

23 October 17, 2006, and as if included therein as enacted, 

24 the John Warner National Defense Authorization Act for 


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1 Fiscal Year 2007 (Public Law 109–364) is amended as 

2 follows: 

3 (1) Section 333(a) (120 Stat. 2150) is amend4 ed— 

5 (A) by striking ‘‘Section 332(c)’’ and in6 serting ‘‘Section 332’’; and 

7 (B) in paragraph (1), by inserting ‘‘in sub8 section (c),’’ after ‘‘(1)’’. 

9 (2) Section 348(2) (120 Stat. 2159) is amended 

10 by striking ‘‘60 days of’’ and inserting ‘‘60 days 

11 after’’. 

12 (3) Section 511(a)(2)(D)(i) (120 Stat. 2182) is 

13 amended by inserting a comma after ‘‘title’’. 

14 (4) Section 591(b)(1) (120 Stat. 2233) is 

15 amended by inserting a period after ‘‘this title’’. 

16 (5) Section 606(b)(1)(A) (120 Stat. 2246) is 

17 amended by striking ‘‘in’’ and inserting ‘‘In’’. 

18 (6) Section 670(b) (120 Stat. 2269) is amended 

19 by striking ‘‘such title’’ and inserting ‘‘such chap20 ter’’. 

21 (7) Section 673 (120 Stat. 2271) is amended— 

22 (A) in subsection (a)(1), by inserting ‘‘the 

23 second place it appears’’ before ‘‘and inserting’’; 

24 (B) in subsection (b)(1)— 


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1 (i) by striking ‘‘Section’’ and inserting 

2 ‘‘Subsection (a) of section’’; and 

3 (ii) by inserting ‘‘the second place it 

4 appears’’ before ‘‘and inserting’’; and 

5 (C) in subsection (c)(1), by inserting ‘‘the 

6 second place it appears’’ before ‘‘and inserting’’. 

7 (8) Section 842(a)(2) (120 Stat. 2337) is 

8 amended by striking ‘‘adding at the end’’ and insert9 ing ‘‘inserting after the item relating to section 

10 2533a’’. 

11 (9) Section 1017(b)(2) (120 Stat. 2379; 10 

12 U.S.C. 2631 note) is amended by striking ‘‘section 

13 27’’ and all that follows through the period at the 

14 end and inserting ‘‘sections 12112 and 50501 and 

15 chapter 551 of title 46, United States Code.’’. 

16 (10) Section 1071(f) (120 Stat. 2402) is 

17 amended by striking ‘‘identical’’ both places it ap18 pears. 

19 (11) Section 1231(d) (120 Stat. 2430; 22 

20 U.S.C. 2776a(d)) is amended by striking ‘‘note’’. 

21 (12) Section 2404(b)(2)(A)(ii) (120 Stat. 2459) 

22 is amended by striking ‘‘2906 of such Act’’ and in23 serting ‘‘2906A of such Act’’. 

24 (13) Section 2831 (120 Stat. 2480) is amend25 ed— 


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1 (A) by striking ‘‘Section 2667(d)’’ and in2 serting ‘‘Section 2667(e)’’; and 

3 (B) by inserting ‘‘as redesignated by sec4 tion 662(b)(1) of this Act,’’ after ‘‘Code,’’. 

5 (d) PUBLIC LAW 109–366.—Effective as of October 

6 17, 2006, and as if included therein as enacted, Public 

7 Law 109–366 is amended as follows: 

8 (1) Section 8(a)(3) (120 Stat. 2636) is amend9 ed by inserting a semicolon after ‘‘subsection’’. 

10 (2) Section 9(1) (120 Stat. 2636) is amended 

11 by striking ‘‘No. 1.’’ and inserting ‘‘No. 1,’’. 

12 (e) NATIONAL DEFENSE AUTHORIZATION ACT FOR

13 FISCAL YEAR 2006.—Effective as of January 6, 2006, 

14 and as if included therein as enacted, the National De15 fense Authorization Act for Fiscal Year 2006 (Public Law 

16 109–163) is amended as follows: 

17 (1) Section 571 (119 Stat. 3270) is amended 

18 by striking ‘‘931 et seq.)’’ and inserting ‘‘921 et 

19 seq.)’’. 

20 (2) Section 1052(j) (119 Stat. 3435) is amend21 ed by striking ‘‘Section 1049’’ and inserting ‘‘Sec22 tion 1409’’. 

23 (f) NATIONAL DEFENSE AUTHORIZATION ACT FOR

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1 tion Act for Fiscal Year 2004 (Public Law 108–136) is 

2 amended as follows: 

3 (1) Section 706(a) (117 Stat. 1529; 10 U.S.C. 

4 1076b note) is amended by striking ‘‘those pro5 gram’’ and inserting ‘‘those programs’’. 

6 (2) Section 1413(a) (117 Stat. 1665; 41 U.S.C. 

7 433 note) is amended by striking ‘‘(A))’’ and insert8 ing ‘‘(A)))’’. 

9 (3) Section 1602(e)(3) (117 Stat. 1683; 10 

10 U.S.C. 2302 note) is amended by inserting ‘‘Secu11 rity’’ after ‘‘Health’’. 

12 (g) NATIONAL DEFENSE AUTHORIZATION ACT FOR

13 FISCAL YEAR 1994.—Section 845(a) of the National De14 fense Authorization Act for Fiscal Year 1994 (10 U.S.C. 

15 2371 note) is amended— 

16 (1) in paragraph (2)(A), by inserting ‘‘Re17 search’’ after ‘‘Defense Advanced’’; and 

18 (2) in paragraph (3), by inserting ‘‘Research’’ 

19 after ‘‘Defense Advanced’’. 

20 (h) NATIONAL DEFENSE AUTHORIZATION ACT FOR

21 FISCAL YEAR 1993.—Section 722(a)(1) of the National 

22 Defense Authorization Act for Fiscal Year 1993 (Public 

23 Law 102–484; 10 U.S.C. 1073 note) is amended by strik24 ing ‘‘155 Stat.’’ and inserting ‘‘115 Stat.’’. 


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1 SEC. 1048. REPEAL OF CERTIFICATION REQUIREMENT. 

2 Section 1063 of the National Defense Authorization 

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

4 3445) is repealed. 

5 SEC. 1049. PROHIBITION ON SALE BY DEPARTMENT OF DE6 FENSE OF PARTS FOR F–14 FIGHTER AIR7 CRAFT. 

8 (a) FINDINGS.—Congress makes the following find9 ings: 

10 (1) The Department of Defense is responsible 

11 for demilitarizing and auctioning off sensitive sur12 plus United States military equipment. 

13 (2) F–14 ‘‘Tomcat’’ fighter aircraft have re14 cently been retired, and their parts are being made 

15 available by auction in large quantities. 

16 (3) Iran is the only country, besides the United 

17 States, flying F–14 fighter aircraft and is pur18 chasing surplus parts for such aircraft from brokers. 

19 (4) The Government Accountability Office has, 

20 as a result of undercover investigative work, declared 

21 the acquisition of the surplus United States military 

22 equipment, including parts for F–14 fighter aircraft, 

23 to be disturbingly effortless. 

24 (5) Upon the seizure of such sensitive surplus 

25 military equipment being sold to Iran, United States 

26 customs agents have discovered these same items, 


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1 having been resold by the Department of Defense, 

2 being brokered illegally to Iran again. 

3 (6) Iran is pursuing a nuclear weapons capa4 bility, and the Department of State has identified 

5 Iran as the most active state sponsor of terrorism. 

6 (7) Iran continues to provide funding, safe 

7 haven, training, and weapons to known terrorist 

8 groups, including Hizballah, HAMAS, the Palestine 

9 Islamic Jihad, and the Popular Front for the Lib10 eration of Palestine. 

11 (8) The sale of spare parts for F–14 fighter 

12 aircraft could make it more difficult to confront the 

13 nuclear weapons capability of Iran and would 

14 strengthen the ground war capability of Iran. To 

15 prevent these threats to regional and global security, 

16 the sale of spare parts for F–14 fighter aircraft 

17 should be prohibited. 

18 (b) PROHIBITION ON SALE BY DEPARTMENT OF DE19 FENSE.— 

20 (1) IN GENERAL.—Notwithstanding any other 

21 provision of law and except as provided in paragraph 

22 (2), the Department of Defense may not sell (wheth23 er directly or indirectly) any parts for F–14 fighter 

24 aircraft, whether through the Defense Reutilization 


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1 and Marketing Service or through another agency or 

2 element of the Department. 

3 (2) EXCEPTION.—Paragraph (1) shall not 

4 apply with respect to the sale of parts for F–14 

5 fighter aircraft to a museum or similar organization 

6 located in the United States that is involved in the 

7 preservation of F–14 fighter aircraft for historical 

8 purposes. 

9 (c) PROHIBITION ON EXPORT LICENSE.—No license 

10 for the export of parts for F–14 fighter aircraft to a non11 United States person or entity may be issued by the 

12 United States Government. 

13 SEC. 1050. MAINTENANCE OF CAPABILITY FOR SPACE14 BASED NUCLEAR DETECTION. 

15 The Secretary of Defense shall maintain the capa16 bility for space-based nuclear detection at a level that 

17 meets or exceeds the level of capability as of the date of 

18 the enactment of this Act. 

19 SEC. 1051. ADDITIONAL WEAPONS OF MASS DESTRUCTION 

20 CIVIL SUPPORT TEAMS. 

21 Section 1403(a) of the Bob Stump National Defense 

22 Authorization Act for Fiscal Year 2003 (10 U.S.C. 12310 

23 note) is amended— 

24 (1) in paragraph (1)— 


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1 (A) by striking ‘‘23’’ and inserting ‘‘25’’; 

2 and 

3 (B) by striking ‘‘55’’ and inserting ‘‘57’’; 

4 and 

5 (2) in paragraph (2), by striking ‘‘55’’ and in6 serting ‘‘57’’. 

7 SEC. 1052. SENSE OF CONGRESS REGARDING NEED TO RE8 PLACE ARMY M109 155MM SELF-PROPELLED 

9 HOWITZER. 

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

11 (1) Military historians recognize the M109 

12 155mm self-propelled howitzer as a pioneer of the 

13 configuration of modern mechanized artillery. 

14 (2) The M109 was first used by the Army in 

15 combat during the Vietnam War. 

16 (3) The Marine Corps also made use of the 

17 M109 during the Vietnam War, primarily in defen18 sive ways similar to the Army. 

19 (4) The Army adapted the M109 for use during 

20 the Gulf War, adding capability for more lethal 

21 DPICM rounds. 

22 (5) The M109 has most recently demonstrated 

23 its usefulness in Operation Iraqi Freedom, depend24 ably placing rounds downrange about two minutes 

25 after obtaining its mission. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that, while the M109 155mm self-propelled howitzer 

3 has been a dependable military weapon for 40 years and 

4 recognizing the budgeting challenges facing the Armed 

5 Forces, the Army— 

6 (1) has not been timely in procuring a replace7 ment for the M109; and 

8 (2) should transition to the NLOS-C as the re9 placement for the M109. 

10 SEC. 1053. SENSE OF CONGRESS REGARDING DETAINEES 

11 AT NAVAL STATION, GUANTANAMO BAY, 

12 CUBA. 

13 It is the sense of Congress that— 

14 (1) the Nation extends its gratitude to the mili15 tary personnel who guard and interrogate some of 

16 the world’s most dangerous men every day at Naval 

17 Station, Guantanamo Bay, Cuba; 

18 (2) the international community, in general, 

19 and in particular, the home countries of the detain20 ees who remain in detention despite having been or21 dered released by a Department of Defense adminis22 trative review board, should work with the Depart23 ment of Defense to facilitate and expedite the repa24 triation of such detainees; 


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1 (3) detainees at Guantanamo Bay, to the max2 imum extent possible, should be charged and expedi3 tiously prosecuted for crimes committed against the 

4 United States; and 

5 (4) operations at Guantanamo Bay should be 

6 carried out in a way that upholds the national inter7 est and core values of the American people. 

8 SEC. 1054. REPEAL OF PROVISIONS IN SECTION 1076 OF 

9 PUBLIC LAW 109–364 RELATING TO USE OF 

10 ARMED FORCES IN MAJOR PUBLIC EMER11 GENCIES. 

12 (a) INTERFERENCE WITH STATE AND FEDERAL

13 LAWS.— 

14 (1) IN GENERAL.—Section 333 of title 10, 

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

16 ‘‘§ 333. Interference with State and Federal law 

17 ‘‘The President, by using the militia or the armed 

18 forces, or both, or by any other means, shall take such 

19 measures as he considers necessary to suppress, in a 

20 State, any insurrection, domestic violence, unlawful com21 bination, or conspiracy, if it— 

22 ‘‘(1) so hinders the execution of the laws of that 

23 State, and of the United States within the State, 

24 that any part or class of its people is deprived of a 

25 right, privilege, immunity, or protection named in 


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1 the Constitution and secured by law, and the con2 stituted authorities of that State are unable, fail, or 

3 refuse to protect that right, privilege, or immunity, 

4 or to give that protection; or 

5 ‘‘(2) opposes or obstructs the execution of the 

6 laws of the United States or impedes the course of 

7 justice under those laws. 

8 In any situation covered by clause (1), the State shall be 

9 considered to have denied the equal protection of the laws 

10 secured by the Constitution.’’. 

11 (2) PROCLAMATION TO DISPERSE.—Section 334 

12 of such title is amended by striking ‘‘or those ob13 structing the enforcement of the laws’’ after ‘‘insur14 gents’’. 

15 (3) HEADING AMENDMENT.—The heading of 

16 chapter 15 of such title is amended to read as fol17 lows: 

18 ‘‘CHAPTER 15—INSURRECTION’’. 

19 (4) CLERICAL AMENDMENTS.— 

20 (A) The table of sections at the beginning 

21 of chapter 15 of such title is amended by strik22 ing the item relating to section 333 and insert23 ing the following new item: 

‘‘333. Interference with State and Federal law.’’. 

24 (B) The tables of chapters at the begin25 ning of subtitle A of title 10, United States 


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1 Code, and at the beginning of part I of such 

2 subtitle, are each amended by striking the item 

3 relating to chapter 15 and inserting the fol4 lowing new item: 

‘‘15. Insurrection ...................................................................................... 331’’. 

5 (b) REPEAL OF SECTION RELATING TO PROVISION

6 OF SUPPLIES, SERVICES, AND EQUIPMENT.— 

7 (1) IN GENERAL.—Section 2567 of title 10, 

8 United States Code, is repealed. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of chapter 152 of such title 

11 is amended by striking the item relating to section 

12 2567. 

13 (c) CONFORMING AMENDMENT.—Section 12304(c) of 

14 such title is amended by striking ‘‘Except to perform’’ and 

15 all that follows through ‘‘this section’’ and inserting ‘‘No 

16 unit or member of a reserve component may be ordered 

17 to active duty under this section to perform any of the 

18 functions authorized by chapter 15 or section 12406 of 

19 this title or, except as provided in subsection (b),’’. 

20 (d) EFFECTIVE DATE.—The amendments made by 

21 this section shall take effect on the date of the enactment 

22 of this Act. 


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1 SEC. 1055. SENSE OF CONGRESS REGARDING A MEMORIAL 

2 FOR MEMBERS OF THE ARMED FORCES WHO 

3 DIED IN AIR CRASH IN BAKERS CREEK, AUS4 TRALIA. 

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

6 (1) During the Second World War, the United 

7 States Army Air Corps established rest and recre8 ation facilities in Mackay, Queensland, Australia. 

9 (2) From the end of January 1943 until early 

10 1944, thousands of United States servicemen were 

11 ferried from jungle battlefields in New Guinea to 

12 Mackay. 

13 (3) These servicemen traveled by air transport 

14 to spend an average of 10 days on a rest and relax15 ation furlough. 

16 (4) They usually were carried by two B–17C 

17 Flying Fortresses converted for transport duty. 

18 (5) On Monday, June 14, 1943, at about 6 

19 a.m., a B–17C, Serial Number 40–2072, took off 

20 from Mackay Airport for Port Moresby. 

21 (6) There were 6 crew members and 35 pas22 sengers aboard. 

23 (7) The aircraft took off into fog and soon 

24 made two left turns at low altitude. 

25 (8) A few minutes after takeoff, when it was 

26 five miles south of Mackay, the plane crashed at 


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1 Bakers Creek, killing everyone on board except Cor2 poral Foye Kenneth Roberts of Wichita Falls, 

3 Texas, the sole survivor of the accident. 

4 (9) The cause of the crash remains a mystery, 

5 and the incident remains relatively unknown outside 

6 of Australia. 

7 (10) United States officials, who were under or8 ders not to reveal the presence of Allied troops in 

9 Australia, kept the crash a military secret during the 

10 war. 

11 (11) Due to wartime censorship, the news 

12 media did not report the crash. 

13 (12) Relatives of the victims received telegrams 

14 from the United States War Department stating lit15 tle more than that the serviceman had been killed 

16 somewhere in the South West Pacific. 

17 (13) The remains of the 40 crash victims were 

18 flown to Townsville, Queensland, where they were 

19 buried in the Belgian Gardens United States mili20 tary cemetery on June 19, 1943. 

21 (14) In early 1946, they were disinterred and 

22 shipped to Hawaii, where 13 were reburied in the 

23 National Memorial Cemetery of the Pacific, and the 

24 remainder were returned to the United States main25 land for reburial. 


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1 (15) 15 years ago, Robert S. Cutler was read2 ing his father’s wartime journal and found a ref3 erence to the tragic B–17C airplane accident. 

4 (16) This discovery inspired Mr. Cutler to em5 bark upon a research project that would consume 

6 more than a decade and take him to Australia. 

7 (17) Retired United States Air Force Chief 

8 Master Sergeant Teddy W. Hanks, of Wichita Falls, 

9 Texas, who lost four of his World War II buddies in 

10 the crash, compiled a list of the casualties from 

11 United States archives in 1993 and began searching 

12 for their families. 

13 (18) The Bakers Creek Memorial Association, 

14 in conjunction with the Washington Post and retired 

15 United States Army genealogy experts Charles 

16 Gailey and Arvon Staats, located 23 additional fami17 lies of victims of the accident during the past two 

18 years. 

19 (19) Joy Shingleton, Donnie Tenney, Wendy 

20 Andrus, and Wilma Post, the family of Army Air 

21 Corps Corporal Edward J. Tenney, of Buckhannon, 

22 West Virginia, helped to bring this recently uncov23 ered World War II tragedy to light. 


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1 (20) The commander of the United States Fifth 

2 Air Force officially had notified the relatives of 36 

3 of the 40 victims. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that an appropriate site in Arlington National Ceme6 tery should be provided for a memorial marker to honor 

7 the memory of the 40 members of the Armed Forces of 

8 the United States who lost their lives in the air crash at 

9 Bakers Creek, Australia, on June 14, 1943, provided that 

10 the Secretary of the Army have exclusive authority to ap11 prove the design and site for the memorial marker. 

12 SEC. 1056. BACKGROUND INVESTIGATIONS REQUIRED FOR 

13 CIVILIANS ENTERING MILITARY FACILITIES 

14 AND INSTALLATIONS. 

15 (a) BACKGROUND INVESTIGATIONS.— 

16 (1) IN GENERAL.—Chapter 80 of title 10, 

17 United States Code, is amended by adding at the 

18 end the following new section: 

19 ‘‘§ 1567. Civilian entry to military installations or fa20 cilities: background investigation re21 quired 

22 ‘‘(a) IN GENERAL.—Any unescorted civilian seeking 

23 access to a military installation or facility, or any civilian 

24 who is an employee of a contractor or vendor of a military 

25 installation or facility, may not be allowed to enter the 


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1 installation or facility unless a background investigation 

2 has been conducted on such individual in accordance with 

3 subsection (b). 

4 ‘‘(b) BACKGROUND INVESTIGATION.—A background 

5 investigation required under this section— 

6 ‘‘(1) shall be conducted by the Department of 

7 Defense through the National Crime Information 

8 Center of the Federal Bureau of Investigation; 

9 ‘‘(2) shall verify the citizenship of the individual 

10 and make every effort to verify the individual’s true 

11 identity; and 

12 ‘‘(3) shall determine whether there is an out13 standing warrant for the individual’s arrest and 

14 whether the individual is on a terrorist watch list. 

15 ‘‘(c) EXEMPTION FOR DEPARTMENT OF DEFENSE

16 IDENTIFICATION CARD HOLDERS.—The requirement for 

17 a background investigation under this section shall not 

18 apply to individuals possessing a valid Department of De19 fense identification card. 

20 ‘‘(d) WAIVER FOR COMMUNITY EVENTS.—The base 

21 commander of a military installation or facility may waive 

22 the requirement for a background investigation under this 

23 section for persons attending base-sponsored community 

24 activities.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended 

3 by adding at the end the following new item: 

‘‘1567. Civilian entry to military installations or facilities: background investigation required.’’. 

4 (b) EFFECTIVE DATE.—Section 1567 of title 10, 

5 United States Code, as added by subsection (a), shall take 

6 effect on the date of the enactment of this Act. 

7 SEC. 1057. A REPORT ON TRANSFERRING INDIVIDUALS DE8 TAINED AT NAVAL STATION, GUANTANAMO 

9 BAY, CUBA. 

10 (a) REPORT REQUIRED.—Not later than 60 days 

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

12 of Defense shall submit to the congressional defense com13 mittees a report that contains a plan for the transfer of 

14 each individual presently detained at Naval Station, Guan15 tanamo Bay, Cuba, under the control of the Joint Task 

16 Force Guantanamo, who is or has ever been classified as 

17 an ‘‘enemy combatant’’ (referred to in this section as a 

18 ‘‘detainee’’). 

19 (b) CONTENTS OF REPORT.—The report required 

20 under subsection (a) shall include each of the following: 

21 (1) An identification of the number of detainees 

22 who, as of December 31, 2007, the Department esti23 mates— 


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1 (A) will have been charged with one or 

2 more crimes and may, therefore, be tried before 

3 a military commission; 

4 (B) will be subject of an order calling for 

5 the release or transfer of the detainee from the 

6 Guantanamo Bay facility; or 

7 (C) will not have been charged with any 

8 crimes and will not be subject to an order call9 ing for the release or transfer of the detainee 

10 from the Guantanamo Bay facility, but whom 

11 the Department wishes to continue to detain. 

12 (2) A description of the actions required to be 

13 undertaken, by the Secretary of Defense, possibly 

14 the heads of other Federal agencies, and Congress, 

15 to ensure that detainees who are subject to an order 

16 calling for their release or transfer from the Guanta17 namo Bay facility have, in fact, been released. 

18 SEC. 1058. STUDY AND REPORT ON USE OF POWER MAN19 AGEMENT SOFTWARE. 

20 (a) STUDY.—The Secretary of Defense shall conduct 

21 a study on the use of power management software by civil22 ian and military personnel and facilities of the Depart23 ment of Defense to reduce the use of electricity in com24 puter monitors and personal computers. This study shall 

25 include recommendations for baseline electric power use, 


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1 for ensuring robust monitoring and verification of power 

2 use requirements on a continuing basis, and for potential 

3 technological solutions or best practices for achieving these 

4 efficiency objectives. 

5 (b) REPORT.—Not later than 60 days after the date 

6 of the enactment of this Act, the Secretary shall submit 

7 to Congress a report containing the results of the study 

8 under subsection (a), including a description of the rec9 ommendations developed under the study. 

10 TITLE Y—CIVILIAN PERSONNEL 

11 MATTERS 

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

hours. 

Sec. 1102. Special benefits for civilian employees assigned on deployment temporary change of station. 

Sec. 1103. Accumulation of annual leave by senior level employees. 

Sec. 1104. Travel compensation for wage grade personnel. 

Sec. 1105. Death gratuity authorized for Federal employees. 

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

Sec. 1107. Annuity commencing dates. 

Sec. 1108. Flexibility in setting pay for employees who move from a Department of Defense or Coast Guard nonappropriated fund instrumentality position to a position in the General Schedule pay 

system. 

Sec. 1109. Transportation of dependents, household effects, and personal property to former home following death of Federal employee where 

death resulted from disease or injury incurred in a combat 

zone. 

Sec. 1110. Use of leave transfer program by wounded veterans who are Federal 

employees. 

Sec. 1111. Requirement for full implementation of personnel demonstration 

project. 

Sec. 1112. Extension of information technology exchange program with respect 

to the Department of Defense. 


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1 SEC. 1101. COMPENSATION FOR FEDERAL WAGE SYSTEM 

2 EMPLOYEES FOR CERTAIN TRAVEL HOURS. 

3 Clause (iv) of section 5544(a) of title 5, United 

4 States Code, is amended by striking ‘‘administratively.’’ 

5 and inserting ‘‘administratively (including travel by such 

6 employee to such event and the return of such employee 

7 from such event to his or her official duty station).’’. 

8 SEC. 1102. SPECIAL BENEFITS FOR CIVILIAN EMPLOYEES 

9 ASSIGNED ON DEPLOYMENT TEMPORARY 

10 CHANGE OF STATION. 

11 (a) AUTHORITY.—Subchapter II of chapter 57 of title 

12 5, United States Code, is amended by inserting after sec13 tion 5737 the following: 

14 ‘‘§ 5737a. Employees temporarily deployed in contin15 gency operations 

16 ‘‘(a) DEFINITIONS.—For purposes of this section— 

17 ‘‘(1) the term ‘covered employee’ means an indi18 vidual who— 

19 ‘‘(A) is an employee of an Executive agen20 cy or a military department, excluding a Gov21 ernment controlled corporation; and 

22 ‘‘(B) is assigned on a temporary change of 

23 station in support of a contingency operation; 

24 ‘‘(2) the term ‘temporary change of station’, as 

25 used with respect to an employee, means an assign26 ment— 


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1 ‘‘(A) from the employee’s official duty sta2 tion to a temporary duty station; and 

3 ‘‘(B) for which such employee is eligible for 

4 expenses under section 5737; and 

5 ‘‘(3) the term ‘contingency operation’ has the 

6 meaning given such term by section 1482a(c) of title 

7 10. 

8 ‘‘(b) QUARTERS AND RATIONS.—The head of an 

9 agency may provide quarters and rations, without charge, 

10 to any covered employee of such agency during the period 

11 of such employee’s temporary assignment (as described in 

12 subsection (a)(1)(B)). 

13 ‘‘(c) STORAGE OF MOTOR VEHICLE.—The head of an 

14 agency may provide for the storage, without charge, or 

15 for the reimbursement of the cost of storage, of a motor 

16 vehicle that is owned or leased by a covered employee of 

17 such agency (or by a dependent of such an employee) and 

18 that is for the personal use of the covered employee. This 

19 subsection shall apply— 

20 ‘‘(1) with respect to storage during the period 

21 of the employee’s temporary assignment (as de22 scribed in subsection (a)(1)(B)) and, notwith23 standing section 5737(b), for such additional period 

24 of time as the agency head may determine; and 


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1 ‘‘(2) in the case of a covered employee, with re2 spect to not more than one motor vehicle as of any 

3 given time. 

4 ‘‘(d) RELATIONSHIP TO OTHER BENEFITS.—Any 

5 benefits under this section shall be in addition to (and not 

6 in lieu of) any other benefits for which the covered em7 ployee is otherwise eligible.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 for chapter 57 of such title is amended by inserting after 

10 the item relating to section 5737 the following: 

‘‘5737a. Employees temporarily deployed in contingency operations.’’. 

11 SEC. 1103. ACCUMULATION OF ANNUAL LEAVE BY SENIOR 

12 LEVEL EMPLOYEES. 

13 Section 6304(f)(1) of title 5, United States Code, is 

14 amended— 

15 (1) in the matter before subparagraph (A), by 

16 striking ‘‘in a position in—’’ and inserting ‘‘in—’’; 

17 (2) in subparagraphs (A) through (E), by in18 serting ‘‘a position in’’ before ‘‘the’’; 

19 (3) in subparagraph (D), by striking ‘‘or’’ at 

20 the end; 

21 (4) in subparagraph (E), by striking the period 

22 at the end and inserting a semicolon; and 

23 (5) by adding after subparagraph (E) the fol24 lowing: 


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1 ‘‘(F) a position to which section 5376 ap2 plies; or 

3 ‘‘(G) a position designated under section 

4 1607(a) of title 10 as an Intelligence Senior 

5 Level position.’’. 

6 SEC. 1104. TRAVEL COMPENSATION FOR WAGE GRADE PER7 SONNEL. 

8 (a) ELIGIBILITY FOR COMPENSATORY TIME OFF FOR

9 TRAVEL.—Section 5550b(a) of title 5, United States 

10 Code, is amended by striking ‘‘section 5542(b)(2),’’ and 

11 inserting ‘‘any provision of section 5542(b)(2) or 

12 5544(a),’’. 

13 (b) CONFORMING AMENDMENT.—Section 

14 5541(2)(xi) of such title is amended by striking ‘‘section 

15 5544’’ and inserting ‘‘section 5544 or 5550b’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on the earlier of— 

18 (1) the effective date of any regulations pre19 scribed to carry out such amendments; or 

20 (2) the 90th day after the date of the enact21 ment of this Act. 


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1 SEC. 1105. DEATH GRATUITY AUTHORIZED FOR FEDERAL 

2 EMPLOYEES. 

3 (a) DEATH GRATUITY AUTHORIZED.—Chapter 81 of 

4 title 5, United States Code, is amended by inserting after 

5 section 8102 the following new section: 

6 ‘‘§ 8102a. Death gratuity for injuries incurred in con7 nection with employee’s service with an 

8 Armed Force 

9 ‘‘(a) DEATH GRATUITY AUTHORIZED.—The United 

10 States shall pay a death gratuity of $100,000 to or for 

11 the survivor prescribed by subsection (d) immediately 

12 upon receiving official notification of the death of an em13 ployee who dies of injuries incurred in connection with the 

14 employee’s service with an Armed Force in a contingency 

15 operation, or who dies of injuries incurred in connection 

16 with a terrorist incident occurring during the employee’s 

17 service with an Armed Force. 

18 ‘‘(b) RETROACTIVE PAYMENT IN CERTAIN CASES.— 

19 Subsection (a) applies in the case of an employee who dies 

20 on or after October 7, 2001, as a result of injuries in21 curred in connection with the employee’s service with an 

22 Armed Force in the theater of operations of Operation En23 during Freedom or Operation Iraqi Freedom. 

24 ‘‘(c) OTHER BENEFITS.—The death gratuity payable 

25 under this section is in addition to any death benefits oth26 erwise provided for in law. 


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1 ‘‘(d) ELIGIBLE SURVIVORS.— 

2 ‘‘(1) Subject to paragraph (5), a death gratuity 

3 payable upon the death of a person covered by sub4 section (a) shall be paid to or for the living survivor 

5 highest on the following list: 

6 ‘‘(A) The employee’s surviving spouse. 

7 ‘‘(B) The employee’s children, as pre8 scribed by paragraph (2), in equal shares. 

9 ‘‘(C) If designated by the employee, any 

10 one or more of the following persons: 

11 ‘‘(i) The employee’s parents or per12 sons in loco parentis, as prescribed by 

13 paragraph (3). 

14 ‘‘(ii) The employee’s brothers. 

15 ‘‘(iii) The employee’s sisters. 

16 ‘‘(D) The employee’s parents or persons in 

17 loco parentis, as prescribed by paragraph (3), 

18 in equal shares. 

19 ‘‘(E) The employee’s brothers and sisters 

20 in equal shares. 

21 Subparagraphs (C) and (E) of this paragraph in22 clude brothers and sisters of the half blood and 

23 those through adoption. 

24 ‘‘(2) Paragraph (1)(B) applies, without regard 

25 to age or marital status, to— 


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1 ‘‘(A) legitimate children; 

2 ‘‘(B) adopted children; 

3 ‘‘(C) stepchildren who were a part of the 

4 decedent’s household at the time of death; 

5 ‘‘(D) illegitimate children of a female dece6 dent; and 

7 ‘‘(E) illegitimate children of a male dece8 dent— 

9 ‘‘(i) who have been acknowledged in 

10 writing signed by the decedent; 

11 ‘‘(ii) who have been judicially deter12 mined, before the decedent’s death, to be 

13 his children; 

14 ‘‘(iii) who have been otherwise proved, 

15 by evidence satisfactory to the employing 

16 agency, to be children of the decedent; or 

17 ‘‘(iv) to whose support the decedent 

18 had been judicially ordered to contribute. 

19 ‘‘(3) Subparagraphs (C) and (D) of paragraph 

20 (1), so far as they apply to parents and persons in 

21 loco parentis, include fathers and mothers through 

22 adoption, and persons who stood in loco parentis to 

23 the decedent for a period of not less than one year 

24 at any time before the decedent became an em25 ployee. However, only one father and one mother, or 


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1 their counterparts in loco parentis, may be recog2 nized in any case, and preference shall be given to 

3 those who exercised a parental relationship on the 

4 date, or most nearly before the date, on which the 

5 decedent became an employee. 

6 ‘‘(4) Beginning on the date of the enactment of 

7 this paragraph, a person covered by this section may 

8 designate another person to receive not more than 

9 50 percent of the amount payable under this section. 

10 The designation shall indicate the percentage of the 

11 amount, to be specified only in 10 percent incre12 ments up to the maximum of 50 percent, that the 

13 designated person may receive. The balance of the 

14 amount of the death gratuity shall be paid to or for 

15 the living survivors of the person concerned in ac16 cordance with subparagraphs (A) through (E) of 

17 paragraph (1). 

18 ‘‘(5) If a person entitled to all or a portion of 

19 a death gratuity under paragraph (1) or (4) dies be20 fore the person receives the death gratuity, it shall 

21 be paid to the living survivor next in the order pre22 scribed by paragraph (1). 

23 ‘‘(e) DEFINITIONS.—(1) The term ‘contingency oper24 ation’ has the meaning given to that term in section 

25 1482a(c) of title 10, United States Code. 


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1 ‘‘(2) The term ‘employee’ has the meaning provided 

2 in section 8101 of this title, but also includes a non3 appropriated fund instrumentality employee, as defined in 

4 section 1587(a)(1) of title 10.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of chapter 81 of such title is amended 

7 by inserting after the item relating to section 8102 the 

8 following new item: 

‘‘8102a. Death gratuity for injuries incurred in connection with employee’s service with an Armed Force.’’. 

9 SEC. 1106. MODIFICATIONS TO THE NATIONAL SECURITY 

10 PERSONNEL SYSTEM. 

11 (a) IN GENERAL.—Section 9902 of title 5, United 

12 States Code, is amended— 

13 (1) in subsection (a), by striking ‘‘Notwith14 standing any other provision of this part, the’’ and 

15 inserting ‘‘The’’; 

16 (2) in subsection (b)(4)— 

17 (A) by striking ‘‘collectively as provided for 

18 in this chapter,’’ and inserting ‘‘collectively,’’; 

19 and 

20 (B) by striking ‘‘the provisions of this 

21 chapter and’’; 

22 (3) in subsection (b)(6), by striking subpara23 graph (I) and inserting the following: 


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1 ‘‘(I) A pay-for-performance evaluation sys2 tem to reward individual or group performance. 

3 Any such system— 

4 ‘‘(i) shall be based on an equitable 

5 method for appraising and compensating 

6 employees; 

7 ‘‘(ii) shall ensure that rates of pay 

8 (including those described in subchapter 

9 IV of chapter 53 and those payable to em10 ployees paid from nonappropriated funds) 

11 are adjusted at the same time and by the 

12 same percentages as would be required 

13 under sections 5303 through 5304a for 

14 rates subject to those sections, except that 

15 no such adjustment may be made if or to 

16 the extent that the resulting rate would ex17 ceed the maximum rate allowable under 

18 such system; 

19 ‘‘(iii) may not be implemented before 

20 the requirements described in section 

21 4703(b) have been met by the Secretary 

22 and the Director jointly with respect to 

23 such system; 

24 ‘‘(iv) may not provide for any waiver 

25 with respect to such system that would not 


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1 be allowable under any paragraph of sec2 tion 4703(c); and 

3 ‘‘(v) shall be subject to the provisions 

4 of subsections (f) and (g) of section 

5 4703.’’; 

6 (4) in subsection (c)(1), by striking ‘‘October 1, 

7 2008’’ each place it appears and inserting ‘‘October 

8 1, 2011’’; 

9 (5) in subsection (d)— 

10 (A) in the matter before paragraph (1), by 

11 striking ‘‘are (to the extent not otherwise speci12 fied in this title)—’’ and inserting ‘‘are—’’; and 

13 (B) in paragraph (2), by inserting ‘‘43,’’ 

14 after ‘‘41,’’ and by inserting ‘‘75, 77,’’ after 

15 ‘‘73,’’; 

16 (6) in subsection (e)(3), by striking the period 

17 at the end and inserting ‘‘, except as provided in 

18 subsection (b)(6)(I)(ii).’’; 

19 (7) in subsection (f)(4), strike ‘‘The’’ and insert 

20 ‘‘Subject to subsection (d)(2), the’’; 

21 (8) in subsection (g)— 

22 (A) by striking paragraph (2) and insert23 ing the following: 

24 ‘‘(2) The decision to bargain at a level above the level 

25 of exclusive recognition shall be mutually agreed to by the 


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1 Secretary and the labor organization at an organizational 

2 level above the level of exclusive recognition.’’; 

3 (B) in paragraph (3), by striking ‘‘are ex4 cluded from’’ and inserting ‘‘may be included 

5 in’’; and 

6 (C) by striking paragraph (4); and 

7 (9) by striking subsections (h), (k), and (m) 

8 and redesignating subsections (i), (j), and (l) as sub9 sections (h), (i), and (j), respectively. 

10 (b) SAVINGS PROVISION.—Any rate of pay which is 

11 in effect with respect to an employee immediately before 

12 this section takes effect, and which was determined under 

13 a performance management system established under sec14 tion 9902(b)(6) of title 5, United States Code, shall re15 main in effect until— 

16 (1) such rate is modified, superseded, or ren17 dered inapplicable— 

18 (A) in accordance with such system, as last 

19 in effect before this section takes effect; or 

20 (B) in accordance with a system estab21 lished under such section 9902(b)(6), as 

22 amended by this section (hereinafter referred to 

23 as a ‘‘successor system’’); or 

24 (2) such employee otherwise ceases to be cov25 ered by such system (as described in paragraph 


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1 (1)(A)), whether by transferring to a position not 

2 covered by the system (as so described) or otherwise. 

3 The performance management system (as described in 

4 paragraph (1)(A)) shall remain in effect, in accordance 

5 with its terms, until all employees who, immediately before 

6 this section takes effect, are subject to the system (as so 

7 described) have either become subject to a successor sys8 tem or have otherwise ceased to be covered by the system 

9 (as so described). Such system (as so described) shall not 

10 apply in the case of any employee, or during any period 

11 of time, not described in the preceding sentence. 

12 SEC. 1107. ANNUITY COMMENCING DATES. 

13 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 

14 8345(b)(1) of title 5, United States Code, is amended by 

15 striking ‘‘the first day of the month after’’ both places 

16 it appears and inserting ‘‘the day after’’. 

17 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 

18 Section 8464(a) of such title is amended to read as fol19 lows: 

20 ‘‘(a) Except as otherwise provided in this chapter— 

21 ‘‘(1) an annuity payable from the Fund com22 mences on the day after— 

23 ‘‘(A) separation from the service, in the 

24 case of an employee or Member retiring under 

25 section 8412 or 8414; or 


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1 ‘‘(B) pay ceases, and the applicable age 

2 and service requirements are met, in the case of 

3 an employee or Member retiring under section 

4 8413; and 

5 ‘‘(2) an annuity payable from the Fund com6 mences on the day after separation from the service 

7 or the day after pay ceases and the requirements for 

8 title to an annuity are met in the case of an em9 ployee or Member retiring under section 8451.’’. 

10 SEC. 1108. FLEXIBILITY IN SETTING PAY FOR EMPLOYEES 

11 WHO MOVE FROM A DEPARTMENT OF DE12 FENSE OR COAST GUARD NON13 APPROPRIATED FUND INSTRUMENTALITY 

14 POSITION TO A POSITION IN THE GENERAL 

15 SCHEDULE PAY SYSTEM. 

16 The first sentence of section 5334(f) of title 5, United 

17 States Code, is amended by striking ‘‘any step of such 

18 grade that does not exceed the highest previous rate of 

19 basic pay received by that employee during the employee’s 

20 service described in section 2105(c).’’ and inserting ‘‘any 

21 step of such grade that does not exceed— 

22 ‘‘(1) if the highest previous rate of basic pay re23 ceived by that employee during the employee’s serv24 ice described in section 2105(c) is equal to a rate of 


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1 the appropriate grade, such rate of the appropriate 

2 grade; 

3 ‘‘(2) if the employee’s highest previous rate of 

4 basic pay (as described in paragraph (1)) is between 

5 two rates of the appropriate grade, the higher of 

6 those two rates; or 

7 ‘‘(3) if the employee’s highest previous rate of 

8 basic pay (as described in paragraph (1)) exceeds 

9 the maximum rate of the appropriate grade, the 

10 maximum rate of the appropriate grade.’’. 

11 SEC. 1109. TRANSPORTATION OF DEPENDENTS, HOUSE12 HOLD EFFECTS, AND PERSONAL PROPERTY 

13 TO FORMER HOME FOLLOWING DEATH OF 

14 FEDERAL EMPLOYEE WHERE DEATH RE15 SULTED FROM DISEASE OR INJURY IN16 CURRED IN A COMBAT ZONE. 

17 (a) IN GENERAL.—Section 5742 of title 5, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘(f)(1) The benefits of subsection (b)(2) may not be 

21 denied, solely because the dependents were residing within 

22 the continental United States when the employee died, if 

23 such employee died as a result of disease or injury in24 curred while holding a position or performing one or more 


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1 functions in support of military operations of the United 

2 States in a combat zone. 

3 ‘‘(2) For purposes of paragraph (1)— 

4 ‘‘(A) the term ‘continental United States’ has 

5 the meaning given such term by section 5721(3); 

6 and 

7 ‘‘(B) the term ‘combat zone’ has the meaning 

8 given such term by section 1580 of title 10.’’. 

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

10 subsection (a) shall apply with respect to deaths occurring 

11 on or after the date of the enactment of this Act. 

12 SEC. 1110. USE OF LEAVE TRANSFER PROGRAM BY WOUND13 ED VETERANS WHO ARE FEDERAL EMPLOY14 EES. 

15 Section 6333(b) of title 5, United States Code, is 

16 amended— 

17 (1) by striking ‘‘A leave’’ and inserting ‘‘(1) 

18 Except as provided in paragraph (2), a leave’’; and 

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

20 paragraph: 

21 ‘‘(2) The requirement to exhaust annual leave and 

22 sick leave under paragraph (1) shall not apply in the case 

23 of a leave recipient who, while a member of the Armed 

24 Forces, including a member of the National Guard or a 

25 Reserve, sustained a combat-related disability (as defined 


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1 in section 1413a(e) of title 10) and is undergoing medical 

2 treatment (as defined by the Office of Personnel Manage3 ment) for that combat-related disability. The preceding 

4 sentence shall apply to a member described in that sen5 tence only so long as the member continues to undergo 

6 medical treatment for the disability, but in no case for 

7 more than five years.’’. 

8 SEC. 1111. REQUIREMENT FOR FULL IMPLEMENTATION OF 

9 PERSONNEL DEMONSTRATION PROJECT. 

10 (a) REQUIREMENT.—The Secretary of Defense shall 

11 take all necessary actions to fully implement and use the 

12 authorities provided to the Secretary under section 342(b) 

13 of the National Defense Authorization Act for Fiscal Year 

14 1995 (Public Law 103–337; 108 Stat. 2721), as amended 

15 by section 1114 of the Floyd D. Spence National Defense 

16 Authorization Act for Fiscal Year 2001 (as enacted into 

17 law by Public Law 106–398; 114 Stat. 1654A–315), to 

18 carry out personnel management demonstration projects 

19 at Department of Defense laboratories that are exempted 

20 by section 9902(c) of title 5, United States Code, from 

21 inclusion in the Department of Defense National Security 

22 Personnel System. 

23 (b) EXPANDED AUTHORITY FOR DIRECTORS.—The 

24 Secretary of Defense shall also implement a process and 

25 implementation plan to expand the authorities provided to 


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1 the laboratories described in subsection (a) to provide the 

2 research laboratory directors enhanced ability to make 

3 program, funding, personnel, and other decisions that are 

4 necessary to carry out the mission of the laboratory. 

5 (c) OTHER LABORATORIES.—Any flexibility available 

6 to any demonstration laboratory shall be available for use 

7 at any other laboratory as enumerated in section 

8 9902(c)(2) of title 5, United States Code. 

9 (d) SUBMISSION OF LIST AND DESCRIPTION.—Not 

10 later than March 1 of each year, beginning with March 

11 1, 2008, the Secretary of Defense shall submit to Congress 

12 a list and description of the demonstration project notices, 

13 amendments, and changes requested by the laboratories 

14 during the preceding calendar year. The list shall include 

15 all approved and disapproved notices, amendments, and 

16 changes, and the reasons for disapproval or delay in ap17 proval. 

18 SEC. 1112. EXTENSION OF INFORMATION TECHNOLOGY EX19 CHANGE PROGRAM WITH RESPECT TO THE 

20 DEPARTMENT OF DEFENSE. 

21 Section 3702(d) of title 5, United States Code, is 

22 amended by striking all that follows ‘‘may commence 

23 after’’ and inserting the following: ‘‘the end of— 


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1 ‘‘(1) the 5-year period beginning on the date of 

2 the enactment of this chapter, except as provided in 

3 paragraph (2); or 

4 ‘‘(2) in the case of the Department of Defense, 

5 the 8-year period beginning on the date of the enact6 ment of this chapter.’’. 

7 TITLE Z—MATTERS RELATING 

8 TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

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

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

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

of certain foreign nations. 

Sec. 1204. Extension and expansion of Department of Defense authority to 

participate in multinational military centers of excellence. 

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

Sec. 1206. Expansion of program to build the capacity of foreign military 

forces to include Pakistan’s other security forces. 

Sec. 1207. Authority to provide assistance to foreign nations to assist in recovery and accounting activities for missing United States Government personnel. 

Sec. 1208. Authority to provide automatic identification system data on maritime shipping to foreign countries and international organizations. 

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

Subtitle B—Matters Relating to Iraq 

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

for Iraq Reconstruction. 

Sec. 1222. Continuation of prohibition on establishment of permanent military 

installations in Iraq or United States control over oil resources 

of Iraq. 

Sec. 1223. Report on Department of Defense efforts to build the capacity of 

the Government of Iraq to carry out reconstruction activities 

in Iraq. 

Sec. 1224. Report on implementation of Multi-National Forces–Iraq/United 

States Embassy Baghdad Joint Campaign Plan and efforts to 

achieve political reform in Iraq. 

Sec. 1225. Report on training of the Iraqi Security Forces. 

Sec. 1226. Sense of Congress on responsibilities of the Iraqi Council of Representatives to enact laws to achieve political reform and diminish support for the insurgency in Iraq. 


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Subtitle C—Matters Relating to Afghanistan 

Sec. 1231. Special Inspector General for Afghanistan Reconstruction. 

Sec. 1232. Report on progress toward security and stability in Afghanistan. 

Sec. 1233. Report on progress of the Department of Defense’s counter-narcotics program for Afghanistan. 

Sec. 1234. United States plan for sustaining the Afghanistan National Security 

Forces. 

Sec. 1235. Report on operational status of the airfield located in Abeche, Chad. 

Subtitle D—Other Matters 

Sec. 1241. Cooperative research and development agreements: NATO organizations; allied and friendly foreign countries. 

Sec. 1242. Extension of Counterproliferation Program Review Committee. 

Sec. 1243. Sense of Congress concerning the Western Hemisphere Institute for 

Security Cooperation. 

Sec. 1244. Sense of Congress concerning the strategic military capabilities and 

intentions of the People’s Republic of China. 

1 Subtitle A—Assistance and 

2 Training 

3 SEC. 1201. MILITARY-TO-MILITARY CONTACTS AND COM4 PARABLE ACTIVITIES. 

5 Section 168(c) of title 10, United States Code, is 

6 amended by adding at the end the following new para7 graph: 

8 ‘‘(9) The assignment of personnel described in 

9 paragraph (3) or (4) on a non-reciprocal basis if the 

10 Secretary of Defense determines that such an as11 signment, rather than an exchange of personnel, is 

12 in the interests of the United States.’’. 

13 SEC. 1202. AUTHORITY FOR SUPPORT OF MILITARY OPER14 ATIONS TO COMBAT TERRORISM. 

15 (a) MODIFICATION OF REPORTING REQUIREMENT.— 

16 Subsection (f) of section 1208 of the Ronald W. Reagan 

17 National Defense Authorization Act for Fiscal Year 2005 


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1 (Public Law 108–375; 118 Stat. 2086–2087) is amended 

2 to read as follows: 

3 ‘‘(f) ANNUAL REPORT.— 

4 ‘‘(1) REPORT REQUIRED.—Not later than 120 

5 days after the close of each fiscal year during which 

6 subsection (a) is in effect, the Secretary of Defense 

7 shall submit to the congressional defense committees 

8 a report on support provided under that subsection 

9 during that fiscal year. 

10 ‘‘(2) MATTERS TO BE INCLUDED.—Each report 

11 required by paragraph (1) shall describe the support 

12 provided, including— 

13 ‘‘(A) the country involved in the activity, 

14 the individual or force receiving the support, 

15 and, to the maximum extent practicable, the 

16 specific region of each country involved in the 

17 activity; 

18 ‘‘(B) the respective dates and a summary 

19 of congressional notifications for each activity; 

20 ‘‘(C) the unified commander for each activ21 ity, as well as the related objectives, as estab22 lished by that commander; 

23 ‘‘(D) the total amount obligated to provide 

24 the support; 


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1 ‘‘(E) for each activity that amounts to 

2 more than $500,000, specific budget details 

3 that explain the overall funding level for that 

4 activity; and 

5 ‘‘(F) a statement providing a brief assess6 ment of the outcome of the support, including 

7 specific indications of how the support 

8 furthered the mission objective of special oper9 ations forces and the types of follow-on support, 

10 if any, that may be necessary.’’. 

11 (b) ANNUAL LIMITATION.—Subsection (g) of such 

12 section is amended— 

13 (1) in the heading, by striking ‘‘FISCAL YEAR

14 2005’’ and inserting ‘‘ANNUAL’’; and 

15 (2) by striking ‘‘fiscal year 2005’’ and inserting 

16 ‘‘each fiscal year during which subsection (a) is in 

17 effect’’. 

18 (c) EXTENSION OF PERIOD OF AUTHORITY.—Sub19 section (h) of such section is amended by striking ‘‘2007’’ 

20 and inserting ‘‘2010’’. 

21 SEC. 1203. MEDICAL CARE AND TEMPORARY DUTY TRAVEL 

22 EXPENSES FOR LIAISON OFFICERS OF CER23 TAIN FOREIGN NATIONS. 

24 (a) AUTHORITY.—Subsection (a) of section 1051a of 

25 title 10, United States Code, is amended— 


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1 (1) by striking ‘‘involved in a coalition’’ and in2 serting ‘‘involved in a military operation’’; and 

3 (2) by striking ‘‘coalition operation’’ and insert4 ing ‘‘military operation’’. 

5 (b) MEDICAL CARE AND TEMPORARY DUTY TRAVEL

6 EXPENSES.—Subsection (b) of such section is amended— 

7 (1) in the heading, by striking ‘‘AND SUBSIST8 ENCE’’ inserting ‘‘, SUBSISTENCE, AND MEDICAL

9 CARE’’; 

10 (2) in paragraph (2), by adding at the end the 

11 following: 

12 ‘‘(C) Expenses for medical care at a civilian 

13 medical facility if— 

14 ‘‘(i) adequate medical care is not available 

15 to the liaison officer at a local military medical 

16 treatment facility; 

17 ‘‘(ii) the Secretary determines that pay18 ment of such medical expenses is necessary and 

19 in the best interests of the United States; and 

20 ‘‘(iii) medical care is not otherwise avail21 able to the liaison officer pursuant to any treaty 

22 or other international agreement.’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(3) The Secretary may pay the mission-related 

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1 section (a) if such travel is in support of the na2 tional interests of the United States and the com3 mander of the headquarters to which the liaison offi4 cer is temporarily assigned directs round-trip travel 

5 from the assigned headquarters to one or more loca6 tions.’’. 

7 (c) DEFINITION.—Subsection (d) of such section is 

8 amended— 

9 (1) by striking ‘‘(d) DEFINITIONS.—’’ and all 

10 that follows through ‘‘(1) The term’’ and inserting 

11 ‘‘(d) DEFINITION.—In this section, the term’’; and 

12 (2) by striking paragraph (2). 

13 (d) EXPIRATION OF AUTHORITY.—Such section is 

14 further amended by striking subsection (e). 

15 (e) CONFORMING AND CLERICAL AMENDMENTS.— 

16 (1) The heading for such section is amended to read as 

17 follows: 

18 ‘‘§ 1051a. Liaison officers of certain foreign nations; 

19 administrative services and support; 

20 travel, subsistence, medical care, and 

21 other personal expenses’’. 

22 (2) The table of sections at the beginning of chapter 

23 53 of title 10, United States Code, is amended by striking 

24 the item relating to section 1051a and inserting the fol25 lowing: 


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‘‘1051a. Liaison officers of certain foreign nations; administrative services and 

support; travel, subsistence, medical care, and other personal 

expenses.’’. 

1 SEC. 1204. EXTENSION AND EXPANSION OF DEPARTMENT 

2 OF DEFENSE AUTHORITY TO PARTICIPATE IN 

3 MULTINATIONAL MILITARY CENTERS OF EX4 CELLENCE. 

5 (a) EXTENSION OF AUTHORITY.—Subsection (a) of 

6 section 1205 of the John Warner National Defense Au7 thorization Act for Fiscal Year 2007 (Public Law 109– 

8 364; 1202 Stat. 2416) is amended by striking ‘‘fiscal year 

9 2007’’ and inserting ‘‘fiscal years 2007 and 2008’’. 

10 (b) APPROVAL OF CENTERS.—Subsection (c)(1) of 

11 such section is amended— 

12 (1) by striking ‘‘the Military Committee of the 

13 North Atlantic Treaty Organization (NATO)’’ and 

14 inserting ‘‘the Department of Defense’’; and 

15 (2) by striking ‘‘for the benefit of NATO’’. 

16 (c) LIMITATION ON AMOUNTS AVAILABLE FOR PAR17 TICIPATION.—Subsection (e) of such section is amended 

18 by striking paragraph (2) and inserting the following new 

19 paragraph: 

20 ‘‘(2) LIMITATION ON AMOUNT.—The amount 

21 available under paragraph (1)(A) for the expenses 

22 referred to in that paragraph may not exceed— 

23 ‘‘(A) in fiscal year 2007, $3,000,000; and 

24 ‘‘(B) in fiscal year 2008, $5,000,000.’’. 


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1 (d) REPORTS.—Subsection (g) of such section is 

2 amended— 

3 (1) in paragraph (1)— 

4 (A) by inserting ‘‘and October 31, 2008,’’ 

5 after ‘‘October 31, 2007,’’; and 

6 (B) by striking ‘‘fiscal year 2007’’ and in7 serting ‘‘fiscal years 2007 and 2008’’; and 

8 (2) in paragraph (2)(A), by striking ‘‘during 

9 fiscal year 2007’’ and inserting ‘‘during the pre10 ceding fiscal year’’. 

11 SEC. 1205. REAUTHORIZATION OF COMMANDERS’ EMER12 GENCY RESPONSE PROGRAM. 

13 (a) AUTHORITY.—Subsection (a) of section 1202 of 

14 the National Defense Authorization Act for Fiscal Year 

15 2006 (Public Law 109–163; 119 Stat. 3455–3456) is 

16 amended— 

17 (1) in the heading, by striking ‘‘FISCAL YEARS

18 2006 AND 2007’’ and inserting ‘‘FISCAL YEARS

19 2008 AND 2009’’; and 

20 (2) by striking ‘‘fiscal years 2006 and 2007’’ 

21 and inserting ‘‘fiscal years 2008 and 2009’’. 

22 (b) QUARTERLY REPORTS.—Subsection (b) of such 

23 section is amended by striking ‘‘fiscal years 2006 and 

24 2007’’ and inserting ‘‘fiscal years 2008 and 2009’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section take effect on October 1, 2007. 

3 SEC. 1206. EXPANSION OF PROGRAM TO BUILD THE CAPAC4 ITY OF FOREIGN MILITARY FORCES TO IN5 CLUDE PAKISTAN’S OTHER SECURITY 

6 FORCES. 

7 (a) AUTHORITY.—Subsection (a) of section 1206 of 

8 the National Defense Authorization Act for Fiscal Year 

9 2006 (Public Law 109–163; 119 Stat. 3456–3458), as 

10 amended by section 1206 of the John Warner National 

11 Defense Authorization Act of Fiscal Year 2007 (Public 

12 Law 109–364; 120 Stat. 2418), is amended— 

13 (1) by striking ‘‘The Secretary of Defense’’ and 

14 inserting the following: 

15 ‘‘(1) IN GENERAL.—The Secretary of Defense’’; 

16 (2) by redesignating paragraphs (1) and (2) as 

17 subparagraphs (A) and (B), respectively; and 

18 (3) by adding at the end the following: 

19 ‘‘(2) ADDITIONAL AUTHORITY TO BUILD THE

20 CAPACITY OF PAKISTAN’S OTHER SECURITY

21 FORCES.—The Secretary of Defense, with the con22 currence of the Secretary of State, may use the au23 thority in paragraph (1) to provide assistance to 

24 build the capacity of a Pakistan’s other security 

25 forces that are critical to the success of 


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1 counterterrorist operations, such as forces respon2 sible for border protection and interdiction (includ3 ing forces that guard coastal waters) and internal 

4 security forces specifically responsible for 

5 counterterrorism operations, in order for Pakistan to 

6 conduct the operations described in paragraph 

7 (1)(A).’’. 

8 (b) CONGRESSIONAL NOTIFICATION; SPECIFIED

9 CONGRESSIONAL COMMITTEES.—Subsection (e) of such 

10 section is amended— 

11 (1) in paragraph (1)— 

12 (A) by striking ‘‘Whenever’’ and inserting 

13 the following: 

14 ‘‘(A) IN GENERAL.—Whenever’’; and 

15 (B) by adding at the end the following new 

16 subparagraph: 

17 ‘‘(B) NOTIFICATION RELATING TO AU18 THORITY TO BUILD THE CAPACITY OF PAKI19 STAN’S OTHER SECURITY FORCES.—Not less 

20 than 30 days prior to the obligation or expendi21 ture of funds to carry out any activities under 

22 subsection (a)(2), the Secretary of Defense 

23 shall notify the congressional committees speci24 fied in paragraph (3) of such proposed obliga25 tion or expenditure.’’; and 


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1 (2) in paragraph (3)(B), by striking ‘‘Com2 mittee on International Relations’’ and inserting 

3 ‘‘Committee on Foreign Affairs’’. 

4 (c) REPORT.—Paragraphs (1), (2), and (3) of sub5 section (f) of such section are each amended by inserting 

6 ‘‘or Pakistan’s other security forces’’ after ‘‘foreign mili7 tary forces’’. 

8 (d) CONFORMING AND CLERICAL AMENDMENTS.— 

9 (1) The heading for such section is amended by adding 

10 at the end before the period the following: ‘‘AND PAKI11 STAN’S OTHER SECURITY FORCES’’. 

12 (2) The table of contents in section 2(b) of the Na13 tional Defense Authorization Act for Fiscal Year 2006 and 

14 the table of sections at the beginning of title XII of such 

15 Act are each amended by striking the item relating to sec16 tion 1206 and inserting the following: 

‘‘Sec. 1206. Authority to build the capacity of foreign military forces and Pakistan’s other security forces.’’. 

17 SEC. 1207. AUTHORITY TO PROVIDE ASSISTANCE TO FOR18 EIGN NATIONS TO ASSIST IN RECOVERY AND 

19 ACCOUNTING ACTIVITIES FOR MISSING 

20 UNITED STATES GOVERNMENT PERSONNEL. 

21 (a) ASSISTANCE AUTHORIZED.—The Secretary of 

22 Defense, with the concurrence of the Secretary of State, 

23 is authorized to provide assistance to foreign nations to 

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1 ing activities for missing United States Government per2 sonnel. 

3 (b) TYPES OF ASSISTANCE.—Assistance authorized 

4 under subsection (a) may include the provision of equip5 ment, supplies, services, training, and funding to foreign 

6 nations to assist in recovery and accounting activities de7 scribed in such subsection. The authority to provide assist8 ance under subsection (a) is in addition to any other au9 thority to provide assistance to foreign nations for such 

10 purposes. 

11 (c) LIMITATION.—Assistance authorized under sub12 section (a) may not exceed $1,000,000 in any fiscal year. 

13 SEC. 1208. AUTHORITY TO PROVIDE AUTOMATIC IDENTI14 FICATION SYSTEM DATA ON MARITIME SHIP15 PING TO FOREIGN COUNTRIES AND INTER16 NATIONAL ORGANIZATIONS. 

17 (a) AUTHORITY TO PROVIDE DATA.—The Secretary 

18 of Defense, with the concurrence of the Secretary of State, 

19 may authorize the Secretary of a military department or 

20 a commander of a combatant command to exchange or 

21 furnish automatic identification system data broadcast by 

22 merchant or private ships and collected by the United 

23 States to a foreign country or international organization 

24 pursuant to an agreement for the exchange or production 

25 of such data. Such data may be transferred pursuant to 


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1 this section without cost to the recipient country or inter2 national organization. 

3 (b) DEFINITIONS.—In this section: 

4 (1) AUTOMATIC IDENTIFICATION SYSTEM.—The 

5 term ‘‘automatic identification system’’ means a sys6 tem that is used to satisfy the requirements of the 

7 Automatic Identification System under the Inter8 national Convention for the Safety of Life at Sea, 

9 signed at London on November 1, 1974 (TIAS 

10 9700). 

11 (2) GEOGRAPHIC COMBATANT COMMANDER.— 

12 The term ‘‘commander of a combatant command’’ 

13 means a commander of a combatant command (as 

14 such term is defined in section 161(c) of title 10, 

15 United States Code) with a geographic area of re16 sponsibility. 

17 SEC. 1209. REPORT ON FOREIGN ASSISTANCE-RELATED 

18 PROGRAMS, PROJECTS, AND ACTIVITIES CAR19 RIED OUT BY THE DEPARTMENT OF DE20 FENSE. 

21 (a) REPORT REQUIRED.—Not later than 180 days 

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

23 of Defense shall submit to the appropriate congressional 

24 committees a report that contains a description of all for25 eign assistance-related programs, projects, and activities 


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1 carried out by the Department of Defense during the prior 

2 fiscal year pursuant to any provision of law that author3 izes or appropriates funds for such programs, projects, 

4 and activities. 

5 (b) MATTERS TO BE INCLUDED.—The report re6 quired by subsection (a) shall include information on a 

7 country-by-country basis of each foreign assistance–re8 lated program, project, or activity of the Department of 

9 Defense and each foreign-assistance related program, 

10 project, or activity that the Department of Defense under11 takes or implements on behalf of any other department 

12 or agency of the United States Government, such as a pro13 gram, project, or activity under the Foreign Assistance 

14 Act of 1961 (22 U.S.C. 2151 et seq.) or the Arms Export 

15 Control Act (22 U.S.C. 2751 et seq.). 

16 (c) DEFINITION.—In this section, the term ‘‘appro17 priate congressional committees’’ means— 

18 (1) the Committee on Appropriations, the Com19 mittee on Armed Services, and the Committee on 

20 Foreign Affairs of the House of Representatives; 

21 and 

22 (2) the Committee on Appropriations, the Com23 mittee on Armed Services, and the Committee on 

24 Foreign Relations of the Senate. 


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1 Subtitle B—Matters Relating to 

2 Iraq 

3 SEC. 1221. MODIFICATION OF AUTHORITIES RELATING TO 

4 THE SPECIAL INSPECTOR GENERAL FOR 

5 IRAQ RECONSTRUCTION. 

6 (a) PURPOSES.—Subsection (a)(1) of section 3001 of 

7 the Emergency Supplemental Appropriations Act for De8 fense and for the Reconstruction of Iraq and Afghanistan, 

9 2004 (Public Law 108–106; 117 Stat. 1234–1238; 5 

10 U.S.C. App., note to section 8G of Public Law 95–452) 

11 is amended by striking ‘‘to the Iraq Relief and Reconstruc12 tion Fund’’ and inserting ‘‘for the reconstruction of Iraq’’. 

13 (b) ASSISTANT INSPECTORS GENERAL.—Subsection 

14 (d)(1) of such section is amended by striking ‘‘the Iraq 

15 Relief and Reconstruction Fund’’ and inserting ‘‘amounts 

16 appropriated or otherwise made available for the recon17 struction of Iraq’’. 

18 (c) SUPERVISION.—Subsection (e)(2) of such section 

19 is amended by striking ‘‘the Iraq Relief and Reconstruc20 tion Fund’’ and inserting ‘‘amounts appropriated or other21 wise made available for the reconstruction of Iraq’’. 

22 (d) DUTIES.—Subsection (f)(1) of such section is 

23 amended by striking ‘‘to the Iraq Relief and Reconstruc24 tion Fund’’ and inserting ‘‘for the reconstruction of Iraq’’. 


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1 (e) PERSONNEL, FACILITIES, AND OTHER RE2 SOURCES.—Subsection (h)(3) of such section is amended 

3 by striking ‘‘my enter’’ and inserting ‘‘may enter’’. 

4 (f) REPORTS.—Subsection (i) of such section is 

5 amended by striking ‘‘to the Iraq Relief and Reconstruc6 tion Fund’’ each place it appears and inserting ‘‘for the 

7 reconstruction of Iraq’’. 

8 (g) DEFINITIONS.—Subsection (m) of such section is 

9 amended— 

10 (1) in the heading, by striking ‘‘APPROPRIATE

11 COMMITTEES OF CONGRESS DEFINED’’ and insert12 ing ‘‘DEFINITIONS’’; 

13 (2) by striking ‘‘In this section, the term’’ and 

14 inserting the following: ‘‘In this section— 

15 ‘‘(1) the term’’; 

16 (3) by redesignating paragraphs (1) and (2) as 

17 subparagraphs (A) and (B), respectively; 

18 (4) by striking the period at the end and insert19 ing ‘‘; and’’; and 

20 (5) by adding at the end the following: 

21 ‘‘(2) the term ‘amounts appropriated or other22 wise made available for the reconstruction of Iraq’ 

23 means amounts appropriated or otherwise made 

24 available for any fiscal year— 


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1 ‘‘(A) to the Iraq Relief and Reconstruction 

2 Fund, the Iraq Security Forces Fund, and the 

3 Commanders’ Emergency Response Program 

4 authorized under section 1202 of the National 

5 Defense Authorization for Fiscal Year 2006 

6 (Public Law 109–163; 119 Stat. 3455–3456); 

7 or 

8 ‘‘(B) for assistance for the reconstruction 

9 of Iraq under— 

10 ‘‘(i) the Economic Support Fund au11 thorized under chapter 4 of part II of the 

12 Foreign Assistance Act of 1961 (22 U.S.C. 

13 2346 et seq.); 

14 ‘‘(ii) the International Narcotics Con15 trol and Law Enforcement account author16 ized under section 481 of the Foreign As17 sistance Act of 1961 (22 U.S.C. 2291); or 

18 ‘‘(iii) any other provision of law.’’. 

19 (h) TERMINATION.—Subsection (o) of such section is 

20 amended— 

21 (1) in paragraph (1)— 

22 (A) by striking ‘‘(A)’’; 

23 (B) by striking ‘‘to the Iraq Relief and Re24 construction Fund’’ the first place it appears 


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1 and inserting ‘‘for the reconstruction of Iraq’’; 

2 and 

3 (C) by striking subparagraph (B); and 

4 (2) in paragraph (2)— 

5 (A) by striking ‘‘funds deemed to be’’; and 

6 (B) by striking ‘‘to the Iraq Relief and Re7 construction Fund’’ and inserting ‘‘for the re8 construction of Iraq’’. 

9 SEC. 1222. CONTINUATION OF PROHIBITION ON ESTAB10 LISHMENT OF PERMANENT MILITARY IN11 STALLATIONS IN IRAQ OR UNITED STATES 

12 CONTROL OVER OIL RESOURCES OF IRAQ. 

13 Section 1519 of the John Warner National Defense 

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

15 364; 120 Stat. 2444) is amended by inserting after ‘‘this 

16 Act’’ the following: ‘‘or any other Act for any fiscal year’’. 

17 SEC. 1223. REPORT ON DEPARTMENT OF DEFENSE EF18 FORTS TO BUILD THE CAPACITY OF THE GOV19 ERNMENT OF IRAQ TO CARRY OUT RECON20 STRUCTION ACTIVITIES IN IRAQ. 

21 (a) REPORT REQUIRED.—Not later than 180 days 

22 after the date of the enactment of this Act, and every six 

23 months thereafter, the Secretary of Defense shall submit 

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1 fense to build the capacity of the Government of Iraq to 

2 carry out reconstruction activities in Iraq. 

3 (b) MATTERS TO BE INCLUDED.—The report re4 quired by subsection (a) shall include a description of the 

5 following: 

6 (1) Efforts to improve the ability of the Govern7 ment of Iraq— 

8 (A) to assess the needs for the reconstruc9 tion of Iraq; 

10 (B) to assess the sustainability of recon11 struction projects carried out by the Govern12 ment of Iraq, on all levels; and 

13 (C) to effectively budget and carry out the 

14 design and implementation of reconstruction 

15 projects. 

16 (2) Efforts to improve the ability of the Govern17 ment of Iraq— 

18 (A) to enter into competitively-awarded 

19 contracts for the reconstruction of Iraq; and 

20 (B) to oversee that such contracts are 

21 properly and effectively carried out in a cost-ef22 ficient manner. 

23 (3) Such other matters as the Secretary of De24 fense considers appropriate. 


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1 SEC. 1224. REPORT ON IMPLEMENTATION OF MULTI-NA2 TIONAL FORCES–IRAQ/UNITED STATES EM3 BASSY BAGHDAD JOINT CAMPAIGN PLAN 

4 AND EFFORTS TO ACHIEVE POLITICAL RE5 FORM IN IRAQ. 

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

7 30, 2007, the Secretary of Defense, in coordination with 

8 the Secretary of State, shall submit to the appropriate 

9 congressional committees a report detailing the status of 

10 implementation of the Multi-National Forces–Iraq/United 

11 States Embassy Baghdad Joint Campaign Plan (herein12 after in this section referred to as the ‘‘Joint Campaign 

13 Plan’’) since January 1, 2007, and efforts by the Govern14 ment of Iraq to achieve political reform in Iraq. 

15 (b) ASSESSMENT REQUIRED.—The Commander, 

16 Multi-National Forces–Iraq and the United States Ambas17 sador to Iraq shall jointly submit to the Secretary of De18 fense and the Secretary of State an assessment of the situ19 ation in Iraq. The assessment shall be submitted in time 

20 to be included in the report required by subsection (a), 

21 and shall be included in the report, together with any com22 ments thereon by the Secretary of Defense or the Sec23 retary of State. 

24 (c) ELEMENTS.—The assessment required by sub25 section (b) shall include the following elements: 


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1 (1) A detailed description of the Joint Cam2 paign Plan, or any subsequent revisions, updates, or 

3 documents that replace or supersede the Joint Cam4 paign Plan, including goals, phases, or other mile5 stones contained in the Joint Campaign Plan. Spe6 cifically, the description shall include the following: 

7 (A) An explanation of conditions required 

8 to move though phases of the Joint Campaign 

9 Plan and the measurements used to determine 

10 progress. 

11 (B) An assessment of what conditions in 

12 the Joint Campaign Plan have been achieved 

13 and what conditions have not been achieved. 

14 The assessment of those conditions that have 

15 not been achieved shall include a discussion of 

16 the factors that have precluded such progress. 

17 (C) A description of any companion or 

18 equivalent plan of the Government of Iraq used 

19 to measure progress for Iraqi Security Forces 

20 undertaking joint operations with Coalition 

21 forces. 

22 (2) Efforts by the Government of Iraq in taking 

23 the following actions: 


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1 (A) Enacting a broadly-accepted hydro2 carbon law that equitably shares revenue among 

3 all Iraqis. 

4 (B) Adopting laws necessary for the con5 duct of provincial and local elections, taking 

6 steps to implement such laws, and setting a 

7 schedule to conduct provincial and local elec8 tions. 

9 (C) Reforming current laws governing the 

10 de-Baathification process in a manner that en11 courages national reconciliation. 

12 (D) Amending the Constitution of Iraq in 

13 a manner that encourages national reconcili14 ation. 

15 (E) Allocating and beginning expenditure 

16 of $10 billion in Iraqi revenues for reconstruc17 tion projects, including delivery of essential 

18 services, and implementing such reconstruction 

19 projects on an equitable basis. 

20 (F) Making significant efforts to plan and 

21 implement disarmament, demobilization, and re22 integration programs relating to Iraqi militias. 

23 (3) An assessment of security in each region of 

24 Iraq and an overall assessment of security for the 

25 country, to include the following: 


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1 (A) Trends in casualties among Coalition 

2 forces, Iraqi Security Forces, and civilians. 

3 (B) Trends in weekly attacks on Coalition 

4 forces, Iraqi Security Forces, and civilians. 

5 (C) Trends in sectarian violence, including 

6 both the number of incidents and the casualties 

7 that have resulted. 

8 (D) Trends in high-profile attacks, includ9 ing attacks utilizing suicide bombings and vehi10 cle-borne improvised explosive devices. 

11 (4) An assessment of the effectiveness of Iraqi 

12 Security Forces, to include the following: 

13 (A) The number of battalions in the Iraqi 

14 Army currently conducting operations against 

15 insurgents, the level of personnel strength of 

16 such battalions, and efforts by the Iraqi or Coa17 lition authorities to increase the number of such 

18 battalions. 

19 (B) The number of Iraqi Security Force 

20 units, at the battalion level and above, that are 

21 operating independently of Coalition forces or 

22 with only support of Coalition forces. 

23 (C) The anticipated period of time remain24 ing until the Iraqi Security Forces are fully 


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1 trained and capable of providing security in 

2 Iraq without support of Coalition forces. 

3 (d) FURTHER ASSESSMENT REQUIRED.—Based on 

4 the information provided in subsection (c), the Secretary 

5 of Defense shall include in the report required by sub6 section (a)— 

7 (1) an assessment of the levels of United States 

8 Armed Forces required in Iraq for the six-month pe9 riod beginning on October 1, 2007, the missions to 

10 be undertaken by the Armed Forces, and the incre11 mental costs of any proposed changes to such levels 

12 or missions; and 

13 (2) a description of the range of contingency 

14 plans under consideration for changes to levels of 

15 United States Armed Forces or missions during 

16 such period. 

17 (e) UPDATE OF REPORT.— 

18 (1) UPDATE REQUIRED.—Not later than 180 

19 days after the submission of the report required by 

20 subsection (a), and every 180 days thereafter until 

21 United States combat forces have been redeployed 

22 from Iraq, the Secretary of Defense shall submit to 

23 the appropriate congressional committees an update 

24 of the report required by subsection (a). 


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1 (2) MATTERS TO BE INCLUDED.—Each update 

2 of the report required by subsection (a) shall include 

3 an update of the assessment and any comments 

4 thereon required by subsection (b), an update of the 

5 elements described in subsection (c), and an update 

6 of the further assessment required by paragraph (1) 

7 of subsection (d) for the six-month period beginning 

8 on the date of the submission of the update and an 

9 update of the contingency plans required by para10 graph (2) of subsection (d) for such six-month pe11 riod. 

12 (f) FORM.—The report required by subsection (a) 

13 and each update of the report required by subsection (e), 

14 including assessments contained therein, shall be sub15 mitted in unclassified form, to the maximum extent prac16 ticable, but may contain a classified annex. 

17 (g) APPROPRIATE CONGRESSIONAL COMMITTEES

18 DEFINED.—In this section, the term ‘‘appropriate con19 gressional committees’’ means— 

20 (1) the Committee on Armed Services, the 

21 Committee on Appropriations, and the Committee on 

22 Foreign Affairs of the House of Representatives; 

23 and 


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1 (2) the Committee on Armed Services, the 

2 Committee on Appropriations, and the Committee on 

3 Foreign Relations of the Senate. 

4 SEC. 1225. REPORT ON TRAINING OF THE IRAQI SECURITY 

5 FORCES. 

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

7 after the date of the enactment of this Act, and every 

8 three months thereafter, the Secretary of Defense shall 

9 submit to the appropriate congressional committees an as10 sessment of the Iraqi Security Forces. 

11 (b) MATTERS TO BE INCLUDED.—The report re12 quired by subsection (a) shall address the following mat13 ters: 

14 (1) The level of training, readiness, operational 

15 proficiency, and any other measures used to assess 

16 the effectiveness of each battalion or larger forma17 tion or equivalent of the Iraqi Army, Iraqi National 

18 Police, Iraqi Police Service, and all other security 

19 and intelligence forces under the control of the Min20 istry of Defense or the Ministry of the Interior of 

21 Iraq. 

22 (2) The number of battalions in the Iraqi Army 

23 currently conducting operations, the type of oper24 ations conducted, and efforts by Iraqi or Coalition 


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1 authorities to increase the number of such oper2 ations. 

3 (3) The number of Iraqi Army battalions and 

4 Iraqi National Police units that can operate without 

5 support from Coalition forces. 

6 (4) The amount and type of support from Coa7 lition forces required by the Iraqi Security Forces at 

8 each Transition Readiness Assessment (TRA) level. 

9 (5) The level of readiness and effectiveness of 

10 units of the Iraqi Security Forces in provinces where 

11 the United States has formally transferred responsi12 bility for the security of the province to the Iraqi Se13 curity Forces under the Provincial Iraqi Control 

14 (PIC) process. 

15 (6) The contribution each battalion or larger 

16 formation or equivalent of the Iraqi Army, Iraqi Na17 tional Police, Iraqi Police Service, and all other secu18 rity and intelligence forces under the control of the 

19 Ministry of Defense or the Ministry of the Interior 

20 of Iraq are making to overall stability in their area 

21 of operation. 

22 (7) Other measurements used by Iraqi and Coa23 lition authorities to assess the capability of the Iraqi 

24 Security Forces. 


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1 (c) FORM.—The report required by subsection (a) 

2 shall be submitted in unclassified form, to the maximum 

3 extent practicable, but may include a classified annex, as 

4 appropriate. 

5 (d) DEFINITION.—In this section, the term ‘‘appro6 priate congressional committees’’ means— 

7 (1) the Committee on Armed Services and the 

8 Committee on Foreign Affairs of the House of Rep9 resentatives; and 

10 (2) the Committee on Armed Services and the 

11 Committee on Foreign Relations of the Senate. 

12 SEC. 1226. SENSE OF CONGRESS ON RESPONSIBILITIES OF 

13 THE IRAQI COUNCIL OF REPRESENTATIVES 

14 TO ENACT LAWS TO ACHIEVE POLITICAL RE15 FORM AND DIMINISH SUPPORT FOR THE IN16 SURGENCY IN IRAQ. 

17 It is the sense of Congress that the Iraqi Council of 

18 Representatives should not recess for an extended period 

19 of time without first making substantial progress to20 ward— 

21 (1) enacting a broadly-accepted hydrocarbon 

22 law that equitably shares revenue among all Iraqis; 

23 (2) adopting laws necessary for the conduct of 

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1 ment such laws, and setting a schedule to conduct 

2 provincial and local elections; 

3 (3) reforming current laws governing the de4 Baathification process in a manner that encourages 

5 national reconciliation; 

6 (4) amending the Constitution of Iraq in a 

7 manner that encourages national reconciliation; and 

8 (5) enacting other legislation that helps to 

9 begin the process of political reconciliation and re10 duce the support for the insurgency in Iraq. 

11 Subtitle C—Matters Relating to 

12 Afghanistan 

13 SEC. 1231. SPECIAL INSPECTOR GENERAL FOR AFGHANI14 STAN RECONSTRUCTION. 

15 (a) PURPOSES.—The purposes of this section are as 

16 follows: 

17 (1) To provide for the independent and objec18 tive conduct and supervision of audits and investiga19 tions relating to the programs and operations funded 

20 with amounts appropriated or otherwise made avail21 able to the Department of Defense for the recon22 struction of Afghanistan. 

23 (2) To provide for the independent and objec24 tive leadership and coordination of, and rec25 ommendations on, policies designed to— 


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1 (A) promote economy efficiency, and effec2 tiveness in the administration of the programs 

3 and operations described in paragraph (1); and 

4 (B) prevent and detect waste, fraud, and 

5 abuse in such programs and operations. 

6 (3) To provide for an independent and objective 

7 means of keeping the Secretary of Defense fully and 

8 currently informed about problems and deficiencies 

9 relating to the administration of such programs and 

10 operations and the necessity for and progress for 

11 corrective action. 

12 (b) OFFICE OF INSPECTOR GENERAL.—There is 

13 hereby established the Office of the Special Inspector Gen14 eral for Afghanistan Reconstruction to carry out the pur15 poses of subsection (a). 

16 (c) APPOINTMENT OF INSPECTOR GENERAL; RE17 MOVAL.—(1) The head of the Office of the Special Inspec18 tor General for Afghanistan Reconstruction is the Special 

19 Inspector General for Afghanistan Reconstruction (in this 

20 section referred to as the ‘‘Inspector General’’), who shall 

21 be appointed by the President. 

22 (2) The appointment of Inspector General shall be 

23 made solely on the basis of integrity and demonstrated 

24 ability in accounting, auditing, financial analysis, law, 


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1 management analysis, public administration, or investiga2 tions. 

3 (3) The nomination of an individual as Inspector 

4 General shall be made not later than 30 days after the 

5 date of the enactment of this Act. 

6 (4) The annual rate of basic pay of the Inspector 

7 General shall be the annual rate of basic pay provided for 

8 positions at level IV of the Executive Schedule under sec9 tion 5315 of title 5, United States Code. 

10 (5) The requirements described in paragraphs (4) 

11 and (5) of section 3001(c) of the Emergency Supplemental 

12 Appropriations Act for Defense and for the Reconstruc13 tion of Iraq and Afghanistan, 2004 (Public Law 108–106; 

14 117 Stat. 1234–1238; 5 U.S.C. App., note to section 8G 

15 of Public Law 95–452) shall apply to the Inspector Gen16 eral in the same manner and to the same extent as such 

17 requirements apply to the Special Inspector General for 

18 Iraq Reconstruction. 

19 (d) ASSISTANT INSPECTORS GENERAL.—The Inspec20 tor General shall, in accordance with applicable laws and 

21 regulations governing the civil service— 

22 (1) appoint an Assistant Inspector General for 

23 Auditing who shall have the responsibility for super24 vising the performance of auditing activities relating 

25 to programs and operations supported by amounts 


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1 appropriated or otherwise made available to the De2 partment of Defense for the reconstruction of Af3 ghanistan; and 

4 (2) appoint an Assistant Inspector General for 

5 Investigations who shall have the responsibility for 

6 supervising the performance of investigative activi7 ties relating to such programs and operations. 

8 (e) SUPERVISION.—(1) Except as provided in para9 graph (2), the Inspector General shall report directly to, 

10 and be under the general supervision of, the Secretary of 

11 Defense. 

12 (2) No officer of the Department of Defense shall 

13 prevent or prohibit the Inspector General from initiating, 

14 carrying out, or completing any audit or investigation re15 lated to amounts appropriated or otherwise made available 

16 to the Department of Defense for the reconstruction of 

17 Afghanistan or from issuing any subpoena during the 

18 course of any such audit or investigation. 

19 (f) DUTIES.—(1) It shall be the duty of the Inspector 

20 General to conduct, supervise, and coordinate audits and 

21 investigations of the treatment, handling, and expenditure 

22 of amounts appropriated or otherwise made available to 

23 the Department of Defense for the reconstruction of Af24 ghanistan, and of the programs, operations, and contracts 

25 carried out utilizing such funds, including— 


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1 (A) the oversight and accounting of the ob2 ligation and expenditure of such funds; 

3 (B) the monitoring and review of recon4 struction activities funded by such funds; 

5 (C) the monitoring and review of contracts 

6 funded by such funds; 

7 (D) the monitoring and review of the 

8 transfer of such funds and associated informa9 tion between and among departments, agencies, 

10 and entities of the United States and private 

11 and nongovernmental entities; and 

12 (E) the maintenance of records on the use 

13 of such funds to facilitate future audits and in14 vestigations of the use of such funds. 

15 (2) The Inspector General shall establish, maintain, 

16 and oversee such systems, procedures, and controls as the 

17 Inspector General considers appropriate to discharge the 

18 duty under paragraph (1). 

19 (3) In addition to the duties specified in paragraphs 

20 (1) and (2), the Inspector General shall also have the du21 ties and responsibilities of inspectors general under the In22 spector General Act of 1978. 

23 (4) In carrying out the duties, responsibilities, and 

24 authorities of the Inspector General under this section, the 

25 Inspector General shall coordinate with, and receive the 


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1 cooperation of, the Inspector General of the Department 

2 of Defense. 

3 (g) POWERS AND AUTHORITIES.—(1) In carrying out 

4 the duties specified in subsection (f), the Inspector Gen5 eral shall have the authorities provided in section 6 of the 

6 Inspector General Act of 1978, including the authorities 

7 under subsection (e) of such section. 

8 (2) The Inspector General shall carry out the duty 

9 specified in subsection (f)(1) in accordance with section 

10 4(b)(1) of the Inspector General Act of 1978. 

11 (h) PERSONNEL, FACILITIES, AND OTHER RE12 SOURCES.—(1) The powers and authorities described in 

13 paragraphs (1) through (3) of section 3001(h) of the 

14 Emergency Supplemental Appropriations Act for Defense 

15 and for the Reconstruction of Iraq and Afghanistan, 2004 

16 shall apply to the Inspector General in the same manner 

17 and to the same extent as such requirements apply to the 

18 Special Inspector General for Iraq Reconstruction. 

19 (2) Whenever information or assistance requested by 

20 the Inspector General is, in the judgment of the Inspector 

21 General, unreasonably refused or not provided from any 

22 department, agency, or other entity of the Federal Govern23 ment, the Inspector General shall report the circumstances 

24 to the Secretary of Defense and to the congressional de25 fense committees. 


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1 (3) The Secretary of Defense shall provide the In2 spector General with appropriate and adequate office 

3 space at appropriate locations of the Department of De4 fense in Afghanistan, together with such equipment, office 

5 supplies, and communications facilities and services as 

6 may be necessary for the operation of such offices, and 

7 shall provide necessary maintenance services for such of8 fices and the equipment and facilities located therein. 

9 (i) REPORTS.—(1) Not later than 30 days after the 

10 end of each fiscal-year quarter, the Inspector General shall 

11 submit to the congressional defense committees a report 

12 summarizing, for the period of that quarter and, to the 

13 extent possible, the period from the end of such quarter 

14 to the time of the submission of the report, the activities 

15 during such period of the Inspector General and the activi16 ties under programs and operations funded with amounts 

17 appropriated or otherwise made available to the Depart18 ment of Defense for the reconstruction of Afghanistan. 

19 Each report shall include, for the period covered by such 

20 report, a detailed statement of all obligations, expendi21 tures, and revenues of the Department of Defense associ22 ated with reconstruction and rehabilitation activities in Af23 ghanistan, including the following: 

24 (A) Obligations and expenditures of appro25 priated funds by the Department of Defense. 


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1 (B) A project-by-project and program-by2 program accounting of the costs incurred to 

3 date by the Department of Defense for the re4 construction of Afghanistan, together with the 

5 estimate of the Department of Defense of the 

6 costs to complete each project and each pro7 gram. 

8 (C) Revenues attributable to or consisting 

9 of funds provided by foreign nations or inter10 national organizations to programs and projects 

11 funded by the Department of Defense, and any 

12 obligations or expenditures of such revenues. 

13 (D) Revenues attributable to or consisting 

14 of foreign assets seized or frozen that con15 tribute to programs and projects funded by the 

16 Department of Defense, and any obligations or 

17 expenditures of such revenues. 

18 (E) Operating expenses of agencies or enti19 ties receiving amounts appropriated or other20 wise made available to the Department of De21 fense for the reconstruction of Afghanistan. 

22 (F) In the case of any contract described 

23 in paragraph (2)— 

24 (i) the amount of the contract or 

25 other agreement; 


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1 (ii) a brief discussion of the scope of 

2 the contract or other agreement; 

3 (iii) a discussion of how the Depart4 ment of Defense identified, and solicited 

5 offers from, potential contractors to per6 form the contract, together with a list of 

7 the potential contractors that were issued 

8 solicitations for the offers; and 

9 (iv) the justification and approval doc10 uments on which was based the determina11 tion to use procedures other than proce12 dures that provide for full and open com13 petition. 

14 (2) A contract described in this paragraph is any 

15 major contract or other agreement that is entered into by 

16 the Department of Defense that involves the use of 

17 amounts appropriated or otherwise made available to the 

18 Department of Defense for the reconstruction of Afghani19 stan with any public or private sector entity for any of 

20 the following purposes: 

21 (A) To build or rebuild physical infrastructure 

22 of Afghanistan. 

23 (B) To establish or reestablish a political or so24 cietal institution of Afghanistan. 


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1 (C) To provide products or services to the peo2 ple of Afghanistan. 

3 (3) The Inspector General shall submit to the con4 gressional defense committees semiannual reports meeting 

5 the requirements of section 5 of the Inspector General Act 

6 of 1978. The first such report for a year, covering the 

7 first six months of the year, shall be submitted not later 

8 than July 31 of that year, and the second such report, 

9 covering the second six months of the year, shall be sub10 mitted not later than January 31 of the following year. 

11 (4) The Inspector General shall publish each report 

12 under this subsection in both English and other languages, 

13 which the Inspector General determines are widely used 

14 and understood in Afghanistan, on the Internet website 

15 of the Department of Defense. 

16 (5) Each report under this subsection may include 

17 a classified annex if the Inspector General considers it nec18 essary. 

19 (6) Nothing in this subsection shall be construed to 

20 authorize the public disclosure of information that is— 

21 (A) specifically prohibited from disclosure by 

22 any other provision of law; 

23 (B) specifically required by Executive order to 

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1 tional defense or national security or in the conduct 

2 of foreign affairs; or 

3 (C) a part of an ongoing criminal investigation. 

4 (j) REPORT COORDINATION.—(1) The Inspector Gen5 eral shall also submit each report under subsection (i) to 

6 the Secretary of Defense. 

7 (2)(A) Not later than 30 days after receipt of a re8 port under paragraph (1), the Secretary of Defense may 

9 submit to the congressional defense committees any com10 ments on the matters covered by the report as the Sec11 retary of Defense considers appropriate. 

12 (B) A report under this paragraph may include a 

13 classified annex if the Secretary of Defense considers it 

14 necessary. 

15 (k) TRANSPARENCY.—(1) Not later than 60 days 

16 after the date of the submittal to Congress of a report 

17 under subsection (i), the Secretary of Defense shall make 

18 copies of such report available to the public upon request, 

19 and at a reasonable cost. 

20 (2) Not later than 60 days after the date of the sub21 mittal to Congress under subsection (j)(2) of comments 

22 on a report under subsection (i), the Secretary of Defense 

23 shall make copies of such comments available to the public 

24 upon request, and at a reasonable cost. 


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1 (l) WAIVER.—(1) The President may waive the re2 quirement under paragraph (1) or (2) of subsection (k) 

3 with respect to availability to the public of any element 

4 in a report under subsection (i), or any comment under 

5 subsection (j)(2), if the President determines that the 

6 waiver is justified for national security reasons. 

7 (2) The President shall publish a notice of each waiv8 er made under this subsection in the Federal Register no 

9 later than the date on which a report required under para10 graph (1) or (3) of subsection (i), or any comment under 

11 subsection (j)(2), is submitted to Congress. The reports 

12 required under paragraph (1) or (3) of subsection (i), and 

13 the comments required under subsection (j)(2), shall 

14 specify whether waivers under this subsection were made 

15 and with respect to which elements in the reports or which 

16 comments, as appropriate. 

17 (m) DEFINITION.—In this section, the term 

18 ‘‘amounts appropriated or otherwise made available to the 

19 Department of Defense for the reconstruction of Afghani20 stan’’ means amounts appropriated or otherwise made 

21 available for any fiscal year— 

22 (1) to the Afghanistan Security Forces Fund; 

23 (2) to the program to assist the people of Af24 ghanistan established under subsection (a)(2) of sec25 tion 1202 of the National Defense Authorization for 


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1 Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

2 3455–3456); or 

3 (3) to the Department of Defense for assistance 

4 for the reconstruction of Afghanistan under any 

5 other provision of law. 

6 (n) FUNDING.—(1) Of the amounts appropriated for 

7 fiscal year 2008 to the Afghanistan Security Forces Fund, 

8 such sums as may be necessary shall be available to carry 

9 out this section. 

10 (2) The amount available under paragraph (1) shall 

11 remain available until expended. 

12 (o) TERMINATION.—(1) The Office of the Inspector 

13 General shall terminate 10 months after 80 percent of the 

14 funds appropriated or otherwise made available to the De15 partment of Defense for the reconstruction of Afghanistan 

16 have been expended. 

17 (2) The Special Inspector General for Afghanistan 

18 Reconstruction shall, prior to the termination of the Office 

19 of the Special Inspector General under paragraph (1), pre20 pare and submit to the congressional defense committees 

21 a final forensic audit report on all funds deemed to be 

22 amounts appropriated or otherwise made available to the 

23 Department of Defense for the reconstruction of Afghani24 stan. 


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1 SEC. 1232. REPORT ON PROGRESS TOWARD SECURITY AND 

2 STABILITY IN AFGHANISTAN. 

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

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

5 of Defense shall submit to the appropriate congressional 

6 committees a report on progress toward security and sta7 bility in Afghanistan. 

8 (b) COORDINATION.—The report required by sub9 section (a) shall be prepared in coordination with the Sec10 retary of State, the Attorney General, the Administrator 

11 of the Drug Enforcement Administration, the Adminis12 trator of the United States Agency for International De13 velopment, the Secretary of Agriculture, and the head of 

14 any other department or agency of the Government of the 

15 United States involved with activities relating to security 

16 and stability in Afghanistan. 

17 (c) MATTERS TO BE INCLUDED: STRATEGIC DIREC18 TION OF UNITED STATES ACTIVITIES RELATING TO SE19 CURITY AND STABILITY IN AFGHANISTAN.—The report 

20 required by subsection (a) shall include a description of 

21 the strategic direction of activities of the United States 

22 relating to security and stability in Afghanistan. Such de23 scription shall include a general overview followed by a 

24 separate detailed section for each of the following: 

25 (1) AFGHANISTAN NATIONAL SECURITY FORCES

26 CAPACITY-BUILDING.—A description of the following: 


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1 (A) A clear, comprehensive and effective 

2 long-term strategy and budget, with defined ob3 jectives, for activities relating to strengthening 

4 the resources, capabilities, and effectiveness of 

5 the Afghanistan National Army (ANA) and the 

6 Afghanistan National Police (ANP) of the Af7 ghanistan National Security Forces (ANSF), 

8 which ensure that a strong and fully-capable 

9 ANSF is able to independently and effectively 

10 conduct operations and maintain security and 

11 stability in Afghanistan (hereinafter in this sec12 tion referred to as ‘‘ANSF capacity-building’’). 

13 (B) Any actions to achieve the following 

14 goals with respect to ANSF capacity-building, 

15 and the results of such actions: 

16 (i) Improve coordination with all rel17 evant departments and agencies of the 

18 United States Government, as well as 

19 countries participating in the North Atlan20 tic Treaty Organization International As21 sistance Force (NATO–ISAF) and other 

22 international partners. 

23 (ii) Improve ANSF recruitment and 

24 retention, including through improved vet25 ting and salaries for ANSF. 


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1 (iii) Increase and improve ANSF 

2 training and mentoring. 

3 (iv) Strengthen the partnership be4 tween the Governments of the United 

5 States and Afghanistan. 

6 (2) PROVINCIAL RECONSTRUCTION TEAMS AND

7 OTHER RECONSTRUCTION AND DEVELOPMENT AC8 TIVITIES.—A description of the following: 

9 (A) A clear, comprehensive and effective 

10 long-term strategy and budget, with defined ob11 jectives, for activities relating to reconstruction 

12 and development in Afghanistan. 

13 (B) Any actions to achieve the following 

14 goals with respect to activities relating to recon15 struction and development in Afghanistan, and 

16 the results of such actions: 

17 (i) Improve coordination with all rel18 evant departments and agencies of the 

19 United States Government, as well as 

20 NATO–ISAF countries and other inter21 national partners. 

22 (ii) Clarify a single chain of command 

23 and operations plans for provincial recon24 struction teams (PRTs) in Afghanistan. 


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1 (iii) Increase staffing, particularly 

2 staffing of civilian specialists, and increase 

3 staff training for PRTs. 

4 (iv) Expand the National Solidarity 

5 Program and other efforts to develop the 

6 ability of the Afghan people to assume 

7 greater responsibility for their own recon8 struction and development projects. 

9 (v) Strengthen the partnership be10 tween the Governments of the United 

11 States and Afghanistan. 

12 (vi) Strengthen reconstruction and de13 velopment oversight activities, including 

14 implementation of any recommendations of 

15 the Special Inspector General for Afghani16 stan Reconstruction. 

17 (3) REGIONAL CONSIDERATIONS.—A descrip18 tion of any actions and the results of such actions 

19 to increase cooperation with countries geographically 

20 located around Afghanistan’s border, with a par21 ticular focus on improving security and stability in 

22 the Afghanistan-Pakistan border areas. 

23 (d) MATTERS TO BE INCLUDED: PERFORMANCE IN24 DICATORS AND MEASURES OF PROGRESS TOWARD SUSVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00627 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 TAINABLE LONG-TERM SECURITY AND STABILITY IN AF2 GHANISTAN.— 

3 (1) IN GENERAL.—The report required by sub4 section (a) shall set forth, in a section separate from 

5 any other section of the report, a comprehensive set 

6 of performance indicators and measures of progress 

7 toward sustainable long-term security and stability 

8 in Afghanistan, as specified in paragraph (2), and 

9 shall include performance standards and progress 

10 goals, together with a notional timetable for achiev11 ing such goals. 

12 (2) PERFORMANCE INDICATORS AND MEASURES

13 OF PROGRESS SPECIFIED.—The performance indica14 tors and measures of progress specified in this para15 graph shall include, at a minimum, the following: 

16 (A) Key measures of political stability re17 lating to both central and local Afghan govern18 ance. 

19 (B) An assessment of military operations 

20 of NATO–ISAF and NATO–ISAF countries, 

21 and an assessment of separate military oper22 ations by United States forces. Such assess23 ments shall include number of engagements per 

24 day, trends relating to the numbers and types 

25 of hostile encounters, equipment used, effect of 


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1 national caveats that limit operations, geo2 graphic location of operations, and number of 

3 civilian casualties. 

4 (C) For the Afghanistan National Army 

5 (ANA), and separately for the Afghanistan Na6 tional Police (ANP), of the Afghanistan Na7 tional Security Forces (ANSF) an assessment 

8 of the following: 

9 (i) Recruitment and retention num10 bers; rates of absenteeism; vetting proce11 dures and mechanisms; salaries; numbers 

12 trained and mentored; type of training and 

13 mentoring, including training and men14 toring providers and numbers receiving 

15 classroom or field training; organizational 

16 force structure; equipment used; oper17 ational performance, including ANA and 

18 ANP that are: (I) capable of conducting 

19 operations independently; (II) capable of 

20 conducting operations with the support of 

21 the United States, NATO–ISAF forces, or 

22 other Coalition forces; or (III) not ready to 

23 conduct operations. 


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1 (ii) Effectiveness of ANA or ANP of2 ficers and the ANA and ANP chain of 

3 command. 

4 (iii) Extent to which insurgents have 

5 infiltrated the ANA and ANP. 

6 (iv) Number of United States and Co7 alition trainers, mentors, and advisors 

8 needed to support the ANA and ANP and 

9 associated ministries. 

10 (v) Estimated number and capability 

11 level of ANA and ANP needed to perform 

12 duties now undertaken by the United 

13 States, NATO–ISAF forces, and other Co14 alition forces, including securing Afghani15 stan’s border with Pakistan and providing 

16 adequate levels of law and order through17 out Afghanistan. 

18 (D) An assessment of the estimated 

19 strength of the insurgency in Afghanistan and 

20 the extent to which it is composed of non-Af21 ghan fighters and utilizing weapons or weapons22 related materials from counties other than Af23 ghanistan. 

24 (E) A description of all terrorist and insur25 gent groups operating in Afghanistan, including 


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1 the number, size, equipment, strength, military 

2 effectiveness, sources of support, legal status, 

3 and any efforts to disarm or reintegrate each 

4 insurgent group. 

5 (F) An assessment of security and sta6 bility, including terrorist and insurgent activity, 

7 in Afghanistan-Pakistan border areas and in 

8 Pakistan’s Federally Administered Tribal Areas 

9 (FATA). 

10 (G) An assessment of United States mili11 tary requirements, including planned force rota12 tions, through the end of calendar year 2008. 

13 (e) UPDATE OF REPORT.—Not later than 90 days 

14 after the submission of the report required by subsection 

15 (a), and every 90 days thereafter, the Secretary of Defense 

16 shall submit to the appropriate congressional committees 

17 an update of the report. 

18 (f) FORM.—The report required by subsection (a) 

19 and updates of the report required by subsection (e) shall 

20 be submitted in unclassified form, but may include a clas21 sified annex, if necessary. 

22 (g) CONGRESSIONAL BRIEFINGS.—The Secretary of 

23 Defense shall supplement the report required by sub24 section (a) and updates of the report required by sub25 section (e) with regular briefings to the appropriate conVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00631 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 gressional committees on the subject matter of the report 

2 or updates of the report. 

3 (h) APPROPRIATE CONGRESSIONAL COMMITTEES

4 DEFINED.—In this section, the term ‘‘appropriate con5 gressional committees’’ means— 

6 (1) the Committee on Armed Services, the 

7 Committee on Appropriations, and the Committee on 

8 Foreign Affairs of the House of Representatives; 

9 and 

10 (2) the Committee on Armed Services, the 

11 Committee on Appropriations, and the Committee on 

12 Foreign Relations of the Senate. 

13 SEC. 1233. REPORT ON PROGRESS OF THE DEPARTMENT 

14 OF DEFENSE’S COUNTER-NARCOTICS PRO15 GRAM FOR AFGHANISTAN. 

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

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

18 of Defense shall submit to Congress a report on— 

19 (1) the counter-narcotics objectives of the De20 partment of Defense for Afghanistan; and 

21 (2) the strategy for implementing such objec22 tives. 

23 (b) MATTERS TO BE INCLUDED.—The report re24 quired by subsection (a) shall— 


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1 (1) identify the role and responsibilities of the 

2 Department of Defense in addressing any of the ap3 plicable five pillars that comprise the counter-nar4 cotics strategy and implementation plan for Afghani5 stan: public information, rural development (alter6 native livelihoods), elimination and eradication ac7 tivities, law enforcement and interdiction, and law 

8 enforcement and justice reform; 

9 (2) describe the strategic direction of activities 

10 of the Department of Defense relating to counter11 narcotics efforts in Afghanistan, and specifically in12 clude a description of— 

13 (A) a clear, comprehensive and effective 

14 long-term strategy and any planned budget, 

15 with defined objectives; and 

16 (B) actions that the Department of De17 fense has undertaken and has planned, to— 

18 (i) improve coordination with all rel19 evant departments and agencies of the 

20 United States Government; 

21 (ii) strengthen significantly the Af22 ghanistan National Counter-Narcotics Po23 lice; 

24 (iii) build the capacity of the Afghan 

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1 bility for counter-narcotics related-activi2 ties; 

3 (iv) improve counter-narcotics intel4 ligence capabilities; 

5 (v) strengthen capabilities in support 

6 of narcotics-related interdiction activities; 

7 (vi) effectively address problems with 

8 any counter-narcotics strategies involving 

9 the Department of Defense; and 

10 (vii) address other elements of the ap11 plicable five pillars that comprise the 

12 counter-narcotics strategy and implementa13 tion plan for Afghanistan as described in 

14 paragraph (1); and 

15 (3) set forth, in a section separate from any 

16 other section of the report, a comprehensive set of 

17 performance indicators and measures of progress for 

18 the Department of Defense’s programs relating to 

19 counter-narcotics efforts in Afghanistan, which shall 

20 include performance standards and progress goals, 

21 together with a notional timetable for achieving such 

22 goals. 

23 (c) UPDATE OF REPORT.—Not later than 90 days 

24 after the submission of the report required by subsection 


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1 (a), and every 90 days thereafter, the Secretary of Defense 

2 shall submit to Congress an update of the report. 

3 (d) CONCURRENT SUBMISSION OF REPORT.—The re4 port required by subsection (a) and updates of the report 

5 required by subsection (c) shall be submitted concurrently 

6 with the report required by section 1232 of this Act (relat7 ing to progress toward security and stability in Afghani8 stan). 

9 (e) FORM.—The report required by subsection (a) 

10 and updates of the report required by subsection (c) shall 

11 be submitted in unclassified form, but may include a clas12 sified annex, if necessary. 

13 SEC. 1234. UNITED STATES PLAN FOR SUSTAINING THE AF14 GHANISTAN NATIONAL SECURITY FORCES. 

15 (a) PLAN REQUIRED.—Not later than 90 days after 

16 the date of the enactment of this Act, the Secretary of 

17 Defense shall submit to the appropriate congressional 

18 committees a long-term detailed plan for sustaining the 

19 Afghanistan National Army and the Afghanistan National 

20 Police of the Afghanistan National Security Forces 

21 (ANSF). The plan required by this subsection shall ensure 

22 that a strong and fully-capable ANSF will be able to inde23 pendently and effectively conduct operations and maintain 

24 long-term security and stability in Afghanistan. 


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1 (b) COORDINATION.—The plan required by sub2 section (a) shall be prepared in coordination with the Sec3 retary of State and the Attorney General. 

4 (c) MATTERS TO BE INCLUDED.—The plan required 

5 by subsection (a) shall include a description of the fol6 lowing matters relating to sustainability of the ANSF: 

7 (1) A clear, comprehensive and effective long8 term strategy and budget, with defined objectives. 

9 (2) A mechanism for tracking funding, includ10 ing obligations and expenditures, as well as equip11 ment, training, and services provided for the ANSF 

12 by the United States, countries participating in the 

13 North Atlantic Treaty Organization International 

14 Security Assistance Force (NATO–ISAF countries), 

15 and other international partners. 

16 (3) A comprehensive set of performance indica17 tors and measures of progress related to sustaining 

18 the ANSF, which shall include performance stand19 ards and progress goals, together with a notional 

20 timetable for achieving such goals. 

21 (4) Actions to achieve the following goals: 

22 (A) Effective Afghan security institutions 

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1 telligence, medical, and recruiting units (ANSF2 sustaining institutions). 

3 (B) Fully-trained, equipped and capable 

4 ANSF in sufficient numbers. 

5 (C) Strong ANSF-readiness assessment 

6 tools and metrics. 

7 (D) A strong core of senior-level ANSF of8 ficers. 

9 (E) Strong ANSF communication and con10 trol between central command and regions, 

11 provinces, and districts. 

12 (F) A robust mentoring and advising pro13 gram for the ANSF. 

14 (G) A strong professional military training 

15 and education program for all junior, mid-level, 

16 and senior ANSF officials. 

17 (H) Effective merit-based salary, rank, 

18 promotion, and incentive structures for the 

19 ANSF. 

20 (I) An established code of professional 

21 standards for the ANSF. 

22 (J) A mechanism for incorporating lessons 

23 learned and best practices into ANSF oper24 ations. 


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1 (K) An ANSF personnel accountability 

2 system with effective internal discipline proce3 dures and mechanisms. 

4 (L) A system for addressing ANSF per5 sonnel complaints. 

6 (M) A strong record-keeping system to 

7 track ANSF equipment and personnel issues, 

8 and other ANSF oversight mechanisms. 

9 (5) Coordination with all relevant United States 

10 Government departments and agencies, as well as 

11 NATO–ISAF countries and other international part12 ners, including on— 

13 (A) funding; 

14 (B) reform and establishment of ANSF15 sustaining institutions; and 

16 (C) efforts to ensure that progress on sus17 taining the ANSF is reinforced with progress in 

18 other pillars of the Afghan security sector, par19 ticularly progress on building an effective judi20 ciary, curbing production and trafficking of il21 licit narcotics, and demobilizing, disarming, and 

22 reintegrating militia fighters. 

23 (d) UPDATE OF PLAN.—Not later than 90 days after 

24 the submission of the plan required by subsection (a), and 

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1 ordination with the Secretary of State and the Attorney 

2 General, shall submit to the appropriate congressional 

3 committees an update of the plan required by subsection 

4 (a), as necessary. 

5 (e) CONCURRENT SUBMISSION OF PLAN.—The plan 

6 required by subsection (a), and any update of the plan 

7 required by subsection (d), shall be submitted concurrently 

8 with the report required by section 1232 of this Act (relat9 ing to progress toward security and stability in Afghani10 stan). 

11 (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE12 FINED.—In this section, the term ‘‘appropriate congres13 sional committees’’ means— 

14 (1) the Committee on Armed Services, the 

15 Committee on Appropriations, the Committee on 

16 Foreign Affairs, and the Committee on the Judiciary 

17 of the House of Representatives; and 

18 (2) the Committee on Armed Services, the 

19 Committee on Appropriations, the Committee on 

20 Foreign Relations, and the Committee on the Judici21 ary of the Senate. 

22 SEC. 1235. REPORT ON OPERATIONAL STATUS OF THE AIR23 FIELD LOCATED IN ABECHE, CHAD. 

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


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1 (1) Sudan has been ravaged by civil war for 

2 four decades. 

3 (2) More than two million people have died in 

4 Southern Sudan over the past two decades due to 

5 war-related causes and famine and millions have 

6 been displaced from their homes. 

7 (3) The airfield located in Abeche, Chad is near 

8 the border between Chad and Sudan. 

9 (4) Although the Abeche airfield is currently 

10 used for military transportation and humanitarian 

11 missions, it may be in need of upgrades to allow for 

12 increased air traffic, including upgrades to the air13 strip and hangers. 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that the United States, with the concurrence of the 

16 Government of Chad, should help provide for the nec17 essary upgrades to the airfield located in Abeche, Chad 

18 in order to support potential North Atlantic Treaty Orga19 nization operations, facilitate a possible United Nations 

20 deployment to Chad and the Darfur region of Sudan, and 

21 support humanitarian operations. 

22 (c) REPORT.—Not later than 90 days after the date 

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

24 shall submit to Congress a report on the current oper25 ational status of the airfield located in Abeche, Chad and 


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1 recommendations for upgrades to the Abeche airfield to 

2 support enhanced operations and a large increase in air 

3 traffic, including a cost-estimate for such upgrades. 

4 Subtitle D—Other Matters 

5 SEC. 1241. COOPERATIVE RESEARCH AND DEVELOPMENT 

6 AGREEMENTS: NATO ORGANIZATIONS; AL7 LIED AND FRIENDLY FOREIGN COUNTRIES. 

8 Subsection (e) of section 2350a of title 10, United 

9 States Code, is amended— 

10 (1) in paragraph (1)— 

11 (A) by striking ‘‘an arms cooperation op12 portunities document’’ each place it appears 

13 and inserting ‘‘a cooperative opportunities docu14 ment’’; and 

15 (B) in subparagraph (B), by striking ‘‘a 

16 Mission Need Statement’’ and inserting ‘‘an 

17 analysis of alternatives plan’’; and 

18 (2) in paragraph (2), by striking ‘‘An arms co19 operation opportunities document’’ and inserting ‘‘A 

20 cooperative opportunities document’’. 

21 SEC. 1242. EXTENSION OF COUNTERPROLIFERATION PRO22 GRAM REVIEW COMMITTEE. 

23 (a) MEMBERS.—Section 1605 of the National De24 fense Authorization Act for Fiscal Year 1994 (22 U.S.C. 

25 2751 note) is amended in subsection (a)(1)— 


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1 (1) in subparagraph (C) by striking ‘‘Director 

2 of Central Intelligence’’ and inserting ‘‘Director of 

3 National Intelligence’’; and 

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

5 ‘‘(E) The Secretary of State. 

6 ‘‘(F) The Secretary of Homeland Security. 

7 ‘‘(G) The Secretary of Health and Human 

8 Services. 

9 ‘‘(H) The Administrator of the Environ10 mental Protection Agency.’’. 

11 (b) ACCESS TO INFORMATION.—Subsection (d) of 

12 such section is amended by inserting after ‘‘Department 

13 of Energy,’’ the following: ‘‘the Department of State, the 

14 Department of Homeland Security, the Department of 

15 Health and Human Services, the Environmental Protec16 tion Agency,’’. 

17 (c) TERMINATION.—Subsection (f) of such section is 

18 amended by striking ‘‘2008’’ and inserting ‘‘2013’’. 

19 (d) SUBMISSION OF REPORT.—Section 1503 of the 

20 National Defense Authorization Act for Fiscal Year 1995 

21 (22 U.S.C. 2751 note) is amended— 

22 (1) in subsection (a)— 

23 (A) by striking ‘‘ANNUAL’’ and inserting 

24 ‘‘BIENNIAL’’; and 


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1 (B) by striking ‘‘May 1 each year’’ and in2 serting ‘‘March 1 each odd-numbered year’’; 

3 and 

4 (2) in subsection (b)(5)— 

5 (A) by striking ‘‘fiscal year preceding’’ and 

6 inserting ‘‘two fiscal years preceding’’; and 

7 (B) by striking ‘‘preceding fiscal year’’ and 

8 inserting ‘‘preceding fiscal years’’. 

9 SEC. 1243. SENSE OF CONGRESS CONCERNING THE WEST10 ERN HEMISPHERE INSTITUTE FOR SECURITY 

11 COOPERATION. 

12 It is the sense of Congress that— 

13 (1) the education and training facility of the 

14 Department of Defense known as the Western 

15 Hemisphere Institute for Security Cooperation is 

16 succeeding in meeting its stated mission of providing 

17 professional education and training to eligible mili18 tary personnel, law enforcement officials, and civil19 ians of nations of the Western Hemisphere that sup20 port the democratic principles set forth in the Char21 ter of the Organization of American States, while 

22 fostering mutual knowledge, transparency, con23 fidence, and cooperation among the participating na24 tions and promoting democratic values and respect 

25 for human rights; and 


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1 (2) therefore, the Institute is an invaluable edu2 cation and training facility which the Department of 

3 Defense should continue to utilize in order to help 

4 foster a spirit of partnership and interoperability 

5 among the United States military and the militaries 

6 of participating nations. 

7 SEC. 1244. SENSE OF CONGRESS CONCERNING THE STRA8 TEGIC MILITARY CAPABILITIES AND INTEN9 TIONS OF THE PEOPLE’S REPUBLIC OF 

10 CHINA. 

11 It is the sense of Congress that— 

12 (1) United States military war-fighting capabili13 ties are potentially threatened by the strategic mili14 tary capabilities and intentions of the People’s Re15 public of China, as demonstrated by— 

16 (A) the October 2006 undetected broach of 

17 a Chinese SONG-class diesel-electric submarine 

18 in close proximity of the USS Kitty Hawk in 

19 international waters; and 

20 (B) the January 2007 test of a direct as21 cent anti-satellite (ASAT) weapon, posing a po22 tential threat to United States military assets 

23 in space; 

24 (2) it is in the national security interests of the 

25 United States to make every effort to understand 


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1 China’s strategic military capabilities and intentions; 

2 and 

3 (3) as part of such an effort, the Secretary of 

4 Defense should expand efforts to develop an accu5 rate assessment of China’s strategic military mod6 ernization, particularly with regard to its sea- and 

7 space-based strategic capabilities. 

8 TITLE AA—COOPERATIVE 

9 THREAT REDUCTION WITH 

10 STATES OF THE FORMER SO11 VIET UNION 

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

Sec. 1302. Funding allocations. 

Sec. 1303. New initiatives for the Cooperative Threat Reduction Program. 

Sec. 1304. Requirements relating to chemical weapons destruction at 

Shchuch’ye, Russia. 

Sec. 1305. Repeal of restrictions on Cooperative Threat Reduction Program. 

Sec. 1306. Authority to use Cooperative Threat Reduction funds outside the 

former Soviet Union. 

Sec. 1307. Clarification of amounts for Cooperative Threat Reduction programs. 

12 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE13 DUCTION PROGRAMS AND FUNDS. 

14 (a) SPECIFICATION OF CTR PROGRAMS.—For pur15 poses of section 301 and other provisions of this Act, Co16 operative Threat Reduction programs are the programs 

17 specified in section 1501(b) of the National Defense Au18 thorization Act for Fiscal Year 1997 (Public Law 104– 

19 201; 110 Stat. 2731; 50 U.S.C. 2362 note). 


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1 (b) FISCAL YEAR 2008 COOPERATIVE THREAT RE2 DUCTION FUNDS DEFINED.—As used in this title, the 

3 term ‘‘fiscal year 2008 Cooperative Threat Reduction 

4 funds’’ means the funds appropriated pursuant to the au5 thorization of appropriations in section 301 for Coopera6 tive Threat Reduction programs. 

7 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

8 pursuant to the authorization of appropriations in section 

9 301 for Cooperative Threat Reduction programs shall be 

10 available for obligation for three fiscal years. 

11 SEC. 1302. FUNDING ALLOCATIONS. 

12 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

13 $398,000,000 authorized to be appropriated to the De14 partment of Defense for fiscal year 2008 in section 

15 301(19) for Cooperative Threat Reduction programs, the 

16 following amounts may be obligated for the purposes spec17 ified: 

18 (1) For strategic offensive arms elimination in 

19 the Russian Federation, $77,900,000. 

20 (2) For nuclear weapons storage security in 

21 Russia, $23,000,000. 

22 (3) For nuclear weapons transportation security 

23 in Russia, $37,700,000. 


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1 (4) For weapons of mass destruction prolifera2 tion prevention in the states of the former Soviet 

3 Union, $38,000,000. 

4 (5) For biological weapons proliferation preven5 tion in the former Soviet Union, $144,400,000. 

6 (6) For chemical weapons destruction in Rus7 sia, $42,700,000. 

8 (7) For defense and military contacts, 

9 $8,000,000. 

10 (8) For new Cooperative Threat Reduction ini11 tiatives that are outside the scope of existing Coop12 erative Threat Reduction programs and projects, 

13 $7,000,000. 

14 (9) For activities designated as Other Assess15 ments/Administration costs, $19,300,000, of which 

16 $300,000 is to expand staff capacity, capabilities, 

17 and resources necessary for activities related to new 

18 Cooperative Threat Reduction initiatives authorized 

19 under paragraph (8). 

20 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

21 FUNDS FOR OTHER PURPOSES.—No fiscal year 2008 Co22 operative Threat Reduction funds may be obligated or ex23 pended for a purpose other than a purpose listed in para24 graphs (1) through (9) of subsection (a) until 30 days 

25 after the date that the Secretary of Defense submits to 


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1 Congress a report on the purpose for which the funds will 

2 be obligated or expended and the amount of funds to be 

3 obligated or expended. Nothing in the preceding sentence 

4 shall be construed as authorizing the obligation or expend5 iture of fiscal year 2008 Cooperative Threat Reduction 

6 funds for a purpose for which the obligation or expendi7 ture of such funds is specifically prohibited under this title 

8 or any other provision of law. 

9 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

10 AMOUNTS.— 

11 (1) IN GENERAL.—Subject to paragraphs (2) 

12 and (3), in any case in which the Secretary of De13 fense determines that it is necessary to do so in the 

14 national interest, the Secretary may obligate 

15 amounts appropriated for fiscal year 2008 for a pur16 pose listed in any of the paragraphs in subsection 

17 (a) in excess of the specific amount authorized for 

18 that purpose. 

19 (2) NOTICE-AND-WAIT REQUIRED.—An obliga20 tion of funds for a purpose stated in any of the 

21 paragraphs in subsection (a) in excess of the specific 

22 amount authorized for such purpose may be made 

23 using the authority provided in paragraph (1) only 

24 after— 


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1 (A) the Secretary submits to Congress no2 tification of the intent to do so together with a 

3 complete discussion of the justification for 

4 doing so; and 

5 (B) 15 days have elapsed following the 

6 date of the notification. 

7 (3) RESTRICTION.—The Secretary may not, 

8 under the authority provided in paragraph (1), obli9 gate amounts for a purpose stated in any of para10 graphs (6) through (9) of subsection (a) in excess of 

11 125 percent of the specific amount authorized for 

12 such purpose. 

13 SEC. 1303. NEW INITIATIVES FOR THE COOPERATIVE 

14 THREAT REDUCTION PROGRAM. 

15 (a) SENSE OF CONGRESS.—It is the sense of Con16 gress that— 

17 (1) the Department of Defense Cooperative 

18 Threat Reduction (CTR) Program should be 

19 strengthened and expanded, in part by developing 

20 new CTR initiatives; 

21 (2) such new initiatives should— 

22 (A) increase international security and 

23 threat reduction cooperation, capacity building, 

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1 lated materials that pose a threat to United 

2 States national security interests; 

3 (B) be well-coordinated with the Depart4 ment of Energy, the Department of State, and 

5 any other relevant United States Government 

6 agency or department; 

7 (C) include robust transparency, account8 ability, verification measures and mechanisms, 

9 and legal frameworks between the United 

10 States and CTR partner countries; 

11 (D) reflect engagement with non-govern12 mental experts, including the National Academy 

13 of Sciences, on possible options for strength14 ening and expanding the CTR Program; 

15 (E) include active work with the Russian 

16 Federation and other countries to establish 

17 strong CTR partnerships that, among other 

18 things— 

19 (i) increase the role of scientists and 

20 government officials from Russia and other 

21 partner countries in designing CTR pro22 grams and projects; and 

23 (ii) increase financial contributions 

24 and additional commitments to CTR pro25 grams and projects from Russia and other 


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1 partner countries, as evidence that the pro2 grams and projects reflect national prior3 ities and will be sustainable; 

4 (F) benefit from broad efforts to increase 

5 international contributions, in addition to con6 tributions from CTR partner countries, for 

7 CTR programs and projects; 

8 (G) incorporate a strong focus on national 

9 programs and sustainability, which includes ac10 tions to address concerns raised and rec11 ommendations made by the Government Ac12 countability Office, in its report of February 

13 2007 titled ‘‘Progress Made in Improving Secu14 rity at Russian Nuclear Sites, but the Long15 Term Sustainability of U.S. Funded Security 

16 Upgrades is Uncertain’’, regarding safe17 guarding nuclear warheads and materials; 

18 (H) demonstrate an increased focus on and 

19 development of CTR programs and projects 

20 that eliminate and secure nuclear, chemical, 

21 and biological weapons and weapons-related 

22 materials at the source; and 

23 (I) include active efforts to expand the 

24 scope of existing CTR programs and projects 

25 and develop new CTR programs and projects in 


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1 Russia and the former Soviet Union, and in 

2 countries and regions outside the former Soviet 

3 Union, where appropriate and in the interest of 

4 United States national security; and 

5 (3) such new initiatives could include— 

6 (A) new CTR programs and projects in 

7 Asia and the Middle East; 

8 (B) activities relating to the 

9 denuclearization of the Democratic People’s Re10 public on Korea and security of the Korean pe11 ninsula; and 

12 (C) development of rapid-response and 

13 short-term capabilities to respond to unforeseen 

14 contingencies or pursue quickly emergent op15 portunities. 

16 (b) NATIONAL ACADEMY OF SCIENCES STUDY.— 

17 (1) STUDY.—Not later than 30 days after the 

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

19 Defense shall enter into an arrangement with the 

20 National Academy of Sciences under which the 

21 Academy shall carry out a study to analyze options 

22 for strengthening and expanding the CTR Program. 

23 (2) MATTERS TO BE INCLUDED IN STUDY.— 

24 The Secretary shall provide for the study under 

25 paragraph (1) to include— 


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1 (A) an assessment of each new CTR initia2 tive described in subsection (a); and 

3 (B) an identification of options and formu4 lation of recommendations for strengthening 

5 and expanding the CTR Program. 

6 (c) SECRETARY OF DEFENSE REPORT.— 

7 (1) IN GENERAL.—Not later than March 31, 

8 2008, the Secretary of Defense shall submit to the 

9 congressional defense committees, and to the Com10 mittee on Foreign Relations of the Senate and the 

11 Committee on Foreign Affairs of the House of Rep12 resentatives, a report on new CTR initiatives. The 

13 report shall include— 

14 (A) the results of the study carried out 

15 under subsection (b), including any report or 

16 other document received from the National 

17 Academy of Sciences with respect to such 

18 study; 

19 (B) the Secretary’s assessment of the 

20 study; and 

21 (C) a specific action plan for the develop22 ment and implementation of new CTR initia23 tives and the use of any funds authorized and 

24 appropriated for fiscal year 2008 for such ini25 tiatives, which shall include a discussion of each 


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1 new CTR initiative described in subsection (a) 

2 and the action plan for implementing the rec3 ommendations, if any, of the study carried out 

4 under subsection (b) that the Secretary has de5 cided to pursue. 

6 (2) CLASSIFICATION.—The report shall be in 

7 unclassified form but may include a classified annex 

8 if necessary. 

9 (d) FUNDING.—Of the amounts made available pur10 suant to the authorization of appropriations in section 

11 301(19) for new CTR initiatives under the CTR Program, 

12 $1,000,000 shall be available to carry out this section. 

13 SEC. 1304. REQUIREMENTS RELATING TO CHEMICAL WEAP14 ONS DESTRUCTION AT SHCHUCH’YE, RUSSIA. 

15 (a) NOTICE OF AGREEMENT REQUIRED.— 

16 (1) IN GENERAL.—Not later than 30 days after 

17 the commencement of negotiations for, or the sign18 ing and finalization of, an agreement described in 

19 paragraph (2), the Secretary of Defense shall pro20 vide the congressional defense committees with for21 mal written notice of the commencement of negotia22 tions for that agreement or the signing or finaliza23 tion of that agreement, as the case may be. 


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1 (2) AGREEMENT.—Paragraph (1) applies to 

2 any agreement with the Russian Federation, the im3 plementation of which would have the effect of— 

4 (A) transferring to Russia any responsibil5 ities relating to the scope of work for the 

6 Shchuch’ye project that are, as of the date of 

7 the enactment of this Act, responsibilities of the 

8 Department of Defense; or 

9 (B) otherwise changing the implementation 

10 of the project in any manner inconsistent with 

11 the purpose and intent of the amounts author12 ized and appropriated for the project. 

13 (b) REPORT REQUIRED.—Not later than 60 days 

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

15 of Defense shall submit to the congressional defense com16 mittees a report on the Shchuch’ye project. The report 

17 shall include— 

18 (1) a current and detailed cost estimate for 

19 completion of the project; and 

20 (2) a specific strategic and operating plan for 

21 completion of the project, which includes— 

22 (A) active engagement with Russia on se23 curing appropriate contractors and other mat24 ters relating to project completion; 


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1 (B) a comprehensive assessment of alter2 native contracting options; 

3 (C) robust Department project manage4 ment and oversight, including management and 

5 oversight with respect to the performance of 

6 any contractors; 

7 (D) project quality assurance and sustain8 ability measures, including measures to ensure 

9 security of the chemical weapons stockpile at 

10 the project site; 

11 (E) metrics for measuring project progress 

12 with a timetable for achieving goals; 

13 (F) coordination of the Department’s ef14 forts relating to the project with the Depart15 ment of Energy and other departments or agen16 cies of the United States Government, inter17 national partners, and non-governmental ex18 perts who may be helpful in facilitating the 

19 project; and 

20 (G) a project completion date. 

21 (c) SUBMISSIONS REQUIRED BEFORE IMPLEMENTA22 TION OF AGREEMENT.—The Secretary of Defense may 

23 not implement any agreement described in subsection 

24 (a)(2) until 90 days after the date on which the Secretary 


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1 has submitted to the congressional defense committees all 

2 of the following: 

3 (1) The report required by subsection (b). 

4 (2) A copy of the signed and finalized agree5 ment. 

6 (3) The Secretary’s certification that the signed 

7 and finalized agreement accomplishes each of the 

8 following: 

9 (A) Describes the respective responsibilities 

10 of the Department and Russia relating to com11 pletion of the Shchuch’ye project, including in 

12 the areas of management, oversight, implemen13 tation, security, quality assurance, and sustain14 ability. 

15 (B) Specifies the date of project comple16 tion. 

17 (C) Provides the safeguards needed to en18 sure timely and effective project completion. 

19 (D) Ensures that the chemical weapons 

20 stockpile at the project site is secure. 

21 (d) CONGRESSIONAL BRIEFINGS.—The Secretary of 

22 Defense shall supplement the report required by sub23 section (b) with regular briefings to the congressional de24 fense committees on the subject matter of the report. 


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1 (e) DEFINITION.—In this section, the terms 

2 ‘‘Shchuch’ye project’’ and ‘‘project’’ mean the Cooperative 

3 Threat Reduction (CTR) Program chemical weapons de4 struction project located in the area of Shchuch’ye in Rus5 sia. 

6 SEC. 1305. REPEAL OF RESTRICTIONS ON COOPERATIVE 

7 THREAT REDUCTION PROGRAM. 

8 (a) SOVIET NUCLEAR THREAT REDUCTION ACT OF

9 1991.—Section 211(b) of the Soviet Nuclear Threat Re10 duction Act of 1991 (title II of Public Law 102–228; 22 

11 U.S.C. 2551 note) is repealed. 

12 (b) COOPERATIVE THREAT REDUCTION ACT OF

13 1993.—Section 1203(d) of the Cooperative Threat Reduc14 tion Act of 1993 (title XII of Public Law 103–160; 22 

15 U.S.C. 5952(d)) is repealed. 

16 (c) RUSSIAN CHEMICAL WEAPONS DESTRUCTION

17 FACILITIES.—Section 1305 of the National Defense Au18 thorization Act for Fiscal Year 2000 (Public Law 106– 

19 65; 22 U.S.C. 5952 note) is repealed. 

20 SEC. 1306. AUTHORITY TO USE COOPERATIVE THREAT RE21 DUCTION FUNDS OUTSIDE THE FORMER SO22 VIET UNION. 

23 (a) MODIFICATION OF CERTIFICATION REQUIRE24 MENT.—Section 1308 of the National Defense AuthorizaVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00658 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 tion Act for Fiscal Year 2004 (Public Law 108–136; 22 

2 U.S.C. 5963) is amended in subsection (a)— 

3 (1) by striking ‘‘the President may’’ and insert4 ing ‘‘the Secretary of Defense may’’; and 

5 (2) by striking ‘‘if the President’’ and inserting 

6 ‘‘if the Secretary of Defense, with the concurrence of 

7 the Secretary of State,’’. 

8 (b) REPEAL OF FUNDING LIMITATION.—Section 

9 1308 of that Act is further amended by striking subsection 

10 (c). 

11 (c) CONGRESSIONAL NOTICE REQUIREMENT.—Sec12 tion 1308 of that Act is further amended in subsection 

13 (d)— 

14 (1) in paragraph (1)— 

15 (A) by striking ‘‘The President may not’’ 

16 and inserting ‘‘The Secretary of Defense may 

17 not’’; and 

18 (B) by striking ‘‘until the President’’ and 

19 inserting ‘‘until the Secretary of Defense’’; 

20 (2) in paragraph (2)— 

21 (A) by striking ‘‘Not later than 10 days 

22 after’’ and inserting ‘‘Not later than 15 days 

23 prior to’’; 

24 (B) by striking ‘‘the President shall’’ and 

25 inserting ‘‘the Secretary of Defense shall’’; and 


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1 (C) by striking ‘‘Congress’’ and inserting 

2 ‘‘the Committee on Armed Services and the 

3 Committee on Foreign Affairs of the House of 

4 Representatives and the Committee on Armed 

5 Services and Committee on Foreign Relations 

6 of the Senate’’; and 

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

8 ‘‘(3) In the case of a situation that threatens human 

9 life or safety or where a delay would severely undermine 

10 the national security of the United States, notification 

11 under paragraph (2) shall be made not later than 10 days 

12 after obligating funds under the authority in subsection 

13 (a) for a project or activity.’’. 

14 SEC. 1307. CLARIFICATION OF AMOUNTS FOR COOPERA15 TIVE THREAT REDUCTION PROGRAMS. 

16 The amount in section 1302(a)(9), and the cor17 responding amounts in section 1302(a) (in the matter pre18 ceding paragraph (1)) and in section 301(19), are hereby 

19 increased by $48,000, all of which is to expand staff ca20 pacity, capabilities, and resources necessary for activities 

21 related to new Cooperative Threat Reduction initiatives. 

22 TITLE BB—WOUNDED WARRIOR 

23 ASSISTANCE 

Sec. 1401. Definitions. 

Subtitle A—Improved Assistance for Wounded Warriors 


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Sec. 1411. Improvements to medical and dental care for members of the Armed 

Forces assigned to hospitals in an outpatient status. 

Sec. 1412. Establishment of a Department of Defense-wide Ombudsman Office. 

Sec. 1413. Establishment of toll-free hot line for reporting deficiencies in medical-related support facilities and expedited response to reports 

of deficiencies. 

Sec. 1414. Notification to Congress of hospitalization of combat wounded service members. 

Sec. 1415. Independent medical advocate for members before medical evaluation boards. 

Sec. 1416. Training and workload for physical evaluation board liaison officers. 

Sec. 1417. Standardized training program and curriculum for Department of 

Defense disability evaluation system. 

Sec. 1418. Improved training for health care professionals, medical care case 

managers, and service member advocates on particular conditions of recovering service members. 

Sec. 1419. Pilot program to establish an Army Wounded Warrior Battalion at 

an appropriate active duty base. 

Sec. 1420. Criteria for removal of member from temporary disability retired 

list. 

Sec. 1421. Improved transition of members of the Armed Forces to Department of Veterans Affairs upon retirement or separation. 

Sec. 1422. Establishment of Medical Support Fund for support of members of 

the Armed Forces returning to military service or civilian life. 

Sec. 1423. Oversight Board for Wounded Warriors. 

Sec. 1424. Option for members of reserve components to use military medical 

treatment facilities closest to home for certain injuries. 

Sec. 1425. Plans and research for reducing post traumatic stress disorder. 

Subtitle B—Studies and Reports 

Sec. 1431. Annual report on military medical facilities. 

Sec. 1432. Access of recovering service members to adequate outpatient residential facilities. 

Sec. 1433. Evaluation and report on Department of Defense and Department 

of Veterans Affairs disability evaluation systems. 

Sec. 1434. Study and report on support services for families of recovering service members. 

Sec. 1435. Report on traumatic brain injury classifications. 

Sec. 1436. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned 

Officer Program. 

Sec. 1437. Study and report on standard soldier patient tracking system. 

Sec. 1438. Study and report on waiting periods for appointments at Department of Veterans Affairs medical facilities. 

Sec. 1439. Department of Defense study on the feasibility of measuring family 

member satisfaction with health care services. 

Subtitle C—General Provisions 

Sec. 1451. Moratorium on conversion to contractor performance of Department 

of Defense functions at military medical facilities. 

Sec. 1452. Prohibition on transfer of resources from medical care. 

Sec. 1453. Increase in physicians at hospitals of the Department of Veterans 

Affairs. 

Sec. 1454. Transportation of remains of deceased members of the Armed 

Forces and certain other persons. 


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1 SEC. 1401. DEFINITIONS. 

2 In this title: 

3 (1) CONGRESSIONAL DEFENSE COMMITTEES.— 

4 The term ‘‘congressional defense committees’’ has 

5 the meaning given that term in section 101(a)(16) 

6 of title 10, United States Code. 

7 (2) DISABILITY EVALUATION SYSTEM.—The 

8 term ‘‘disability evaluation system’’ means the De9 partment of Defense system or process for evalu10 ating the nature of and extent of disabilities affect11 ing members of the armed forces (other than the 

12 Coast Guard) and comprised of medical evaluation 

13 boards, physical evaluation boards, counseling of 

14 members, and final disposition by appropriate per15 sonnel authorities, as operated by the Secretaries of 

16 the military departments, and, in the case of the 

17 Coast Guard, a similar system or process operated 

18 by the Secretary of Homeland Security. 

19 (3) FAMILY MEMBER.—The term ‘‘family mem20 ber’’, with respect to a recovering service member, 

21 has the meaning given that term in section 411h(b) 

22 of title 37, United States Code. 

23 (4) RECOVERING SERVICE MEMBER.—The term 

24 ‘‘recovering service member’’ means a member of the 

25 Armed Forces, including a member of the National 

26 Guard or a Reserve, who is undergoing medical 


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1 treatment, recuperation, or therapy, or is otherwise 

2 in medical hold or holdover status, for an injury, ill3 ness, or disease incurred or aggravated while on ac4 tive duty in the Armed Forces. 

5 (5) MEDICAL CARE.—The term ‘‘medical care’’ 

6 includes mental health care. 

7 Subtitle A—Improved Assistance 

8 for Wounded Warriors 

9 SEC. 1411. IMPROVEMENTS TO MEDICAL AND DENTAL 

10 CARE FOR MEMBERS OF THE ARMED FORCES 

11 ASSIGNED TO HOSPITALS IN AN OUTPATIENT 

12 STATUS. 

13 (a) MEDICAL AND DENTAL CARE OF MEMBERS AS14 SIGNED TO HOSPITALS IN AN OUTPATIENT STATUS.— 

15 (1) IN GENERAL.—Chapter 55 of title 10, 

16 United States Code, is amended by inserting after 

17 section 1074k the following new section: 

18 ‘‘§ 1074l. Management of medical and dental care: 

19 members assigned to receive care in an 

20 outpatient status 

21 ‘‘(a) MEDICAL CARE CASE MANAGERS.—(1) A mem22 ber in an outpatient status at a military medical treatment 

23 facility shall be assigned a medical care case manager. 

24 ‘‘(2)(A) The duties of the medical care case manager 

25 shall include the following with respect to the member (or 


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1 the member’s immediate family if the member is incapable 

2 of making judgments about personal medical care): 

3 ‘‘(i) To assist in understanding the member’s 

4 medical status. 

5 ‘‘(ii) To assist in receiving prescribed medical 

6 care. 

7 ‘‘(iii) To conduct a review, at least once a week, 

8 of the member’s medical status. 

9 ‘‘(B) The weekly medical status review described in 

10 subparagraph (A)(iii) shall be conducted in person with 

11 the member. If such a review is not practicable, the med12 ical care case manager shall provide a written statement 

13 to the case manager’s supervisor indicating why an in-per14 son medical status review was not possible. 

15 ‘‘(3)(A) Except as provided in subparagraph (B), 

16 each medical care case manager shall be assigned to man17 age not more than 17 members in an outpatient status. 

18 ‘‘(B) The Secretary concerned may waive for up to 

19 120 days the requirement of subparagraph (A) if required 

20 due to unforeseen circumstances. 

21 ‘‘(4)(A) The medical care case manager office at each 

22 facility shall be headed by a commissioned officer of appro23 priate rank and appropriate military occupation specialty, 

24 designator, or specialty code. 


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1 ‘‘(B) For purposes of subparagraph (A), an appro2 priate military occupation specialty, designator, or spe3 cialty code includes membership in the Army Medical 

4 Corps, Army Medical Service Corps, Army Nurse Corps, 

5 Navy Medical Corps, Navy Medical Service Corps, Navy 

6 Nurse Corps, Air Force Medical Service, or other corps 

7 comprised of health care professionals at the discretion of 

8 the Secretary of Defense. 

9 ‘‘(5) The Secretary of Defense shall establish a stand10 ard training program and curriculum for medical care case 

11 managers. Successful completion of the training program 

12 is required before a person may assume the duties of a 

13 medical care case manager. 

14 ‘‘(6) The Secretary concerned shall ensure that med15 ical care case managers have the resources necessary to 

16 ensure that they expeditiously carry out the responsibil17 ities and duties of their position. 

18 ‘‘(b) SERVICE MEMBER ADVOCATE.—(1) A member 

19 in an outpatient status shall be assigned a service member 

20 advocate. 

21 ‘‘(2) The duties of the service member advocate shall 

22 include— 

23 ‘‘(A) communicating with the member and with 

24 the member’s family or other individuals designated 

25 by the member; 


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1 ‘‘(B) assisting with oversight of the member’s 

2 welfare and quality of life; and 

3 ‘‘(C) assisting the member in resolving prob4 lems involving financial, administrative, personnel, 

5 transitional, and other matters. 

6 ‘‘(3)(A) Except as provided in subparagraph (B), 

7 each service member advocate shall be assigned to not 

8 more than 30 members in an outpatient status. 

9 ‘‘(B) The Secretary concerned may waive for up to 

10 120 days the requirement of subparagraph (A) if required 

11 due to unforeseen circumstances. 

12 ‘‘(4) The service member advocate office at each facil13 ity shall be headed by a commissioned officer of appro14 priate rank and appropriate military occupation specialty, 

15 designator, or specialty code in order to handle service16 specific personnel and financial issues. 

17 ‘‘(5) The Secretary of Defense shall establish a stand18 ard training program and curriculum for service member 

19 advocates. Successful completion of the training program 

20 is required before a person may assume the duties of a 

21 service member advocate. 

22 ‘‘(6) A service member advocate shall continue to per23 form the duties described in paragraph (2) with respect 

24 to a member until the member is returned to duty or sepa25 rated or retired from the armed forces. 


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1 ‘‘(7) The Secretary concerned shall ensure that serv2 ice member advocates have the resources necessary to en3 sure that they expeditiously carry out the responsibilities 

4 and duties of their position. 

5 ‘‘(c) OUTREACH.—The Secretary of Defense shall 

6 make available to each member in an outpatient status 

7 at a military medical treatment facility, and to the family 

8 members of all such members, information on the avail9 ability of services provided by the medical care case man10 agers and service member advocates, including informa11 tion on how to contact such managers and advocates and 

12 how to use their services. 

13 ‘‘(d) SEMIANNUAL SURVEYS BY SECRETARIES CON14 CERNED.—The Secretary concerned shall conduct a semi15 annual survey of members in an outpatient status at in16 stallations under the Secretary’s supervision. The survey 

17 shall include, at a minimum, the members’ assessment of 

18 the quality of medical care at the facility, the timeliness 

19 of medical care at the facility, the adequacy of living facili20 ties and other quality of life programs, the adequacy of 

21 case management support, and the fairness and timeliness 

22 of the physical disability evaluation system. The survey 

23 shall be conducted in coordination with installation med24 ical commanders and authorities, and shall be coordinated 


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1 with such commanders and authorities before submission 

2 to the Secretary. 

3 ‘‘(e) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘member in an outpatient status’ 

5 means a member of the armed forces assigned to a 

6 military medical treatment facility as an outpatient 

7 or to a unit established for the purpose of providing 

8 command and control of members receiving medical 

9 care as outpatients. 

10 ‘‘(2) The term ‘disability evaluation system’ 

11 means the Department of Defense system or process 

12 for evaluating the nature of and extent of disabilities 

13 affecting members of the armed forces (other than 

14 the Coast Guard) and comprised of medical evalua15 tion boards, physical evaluation boards, counseling 

16 of members, and final disposition by appropriate 

17 personnel authorities, as operated by the Secretaries 

18 of the military departments, and, in the case of the 

19 Coast Guard, a similar system or process operated 

20 by the Secretary of Homeland Security.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of such chapter is amended 

23 by adding at the end the following new item: 

‘‘1074l. Management of medical and dental care: members assigned to receive 

care in an outpatient status.’’. 


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1 (b) EFFECTIVE DATE.—Section 1074l of title 10, 

2 United States Code, as added by subsection (a), shall take 

3 effect 180 days after the date of the enactment of this 

4 Act. 

5 SEC. 1412. ESTABLISHMENT OF A DEPARTMENT OF DE6 FENSE-WIDE OMBUDSMAN OFFICE. 

7 (a) ESTABLISHMENT.—The Secretary of Defense 

8 shall establish a Department of Defense-wide Ombudsman 

9 Office (in this section referred to as the ‘‘Ombudsman Of10 fice’’) within the Office of the Secretary of Defense. 

11 (b) FUNCTIONS.— 

12 (1) IN GENERAL.—The functions of the Om13 budsman Office are to provide policy guidance to, 

14 and oversight of, the ombudsman offices in the mili15 tary departments. 

16 (2) POLICY GUIDANCE.—The Ombudsman Of17 fice shall develop policy guidance with respect to the 

18 following: 

19 (A) Providing assistance to and answering 

20 questions from recovering service members and 

21 their families regarding— 

22 (i) administrative processes, financial 

23 matters, and non-military related services 

24 available to the members and their families 


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1 throughout the member’s evaluation, treat2 ment, and recovery; 

3 (ii) transfer to the care of the Depart4 ment of Veterans Affairs; and 

5 (iii) support services available upon 

6 the member’s return home. 

7 (B) Accountability standards, including— 

8 (i) creating and maintaining case files 

9 for individual specific questions received, 

10 and initiating inquiries and tracking re11 sponses for all such questions; 

12 (ii) setting standards for timeliness of 

13 responses; and 

14 (iii) setting standards for account15 ability to recovering service members and 

16 their families, including requirements for 

17 daily updates to the members and their 

18 families about steps being taken to allevi19 ate problems and concerns until problems 

20 are addressed. 

21 (c) STATUS REPORTS.—The ombudsman office in 

22 each military department shall submit status reports of 

23 actions taken to address individual concerns to the Om24 budsman Office, at such times as the Ombudsman Office 

25 considers appropriate. 


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1 (d) RESPONSES FROM OTHER OFFICES.—The Sec2 retary of Defense shall ensure that all other offices within 

3 the Department of Defense and the military departments 

4 respond in a timely manner to resolve questions and re5 quests from the Ombudsman Office on behalf of recov6 ering service members and their families, including offices 

7 responsible for medical matters (including medical hold8 over processes), financial and accounting matters, legal 

9 matters, human resources matters, reserve component 

10 matters, installation and management matters, and phys11 ical disability matters. 

12 (e) STAFF OF THE OFFICE.—The staff of the Om13 budsman Office shall include representatives from each 

14 military department, including persons with experience in 

15 medical holdover processes and other medical matters. 

16 SEC. 1413. ESTABLISHMENT OF TOLL-FREE HOT LINE FOR 

17 REPORTING DEFICIENCIES IN MEDICAL-RE18 LATED SUPPORT FACILITIES AND EXPEDITED 

19 RESPONSE TO REPORTS OF DEFICIENCIES. 

20 (a) ESTABLISHMENT.—Chapter 80 of title 10, 

21 United States Code, is amended by adding at the end the 

22 following new section: 


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1 ‘‘§ 1567. Identification and investigation of defi2 ciencies in adequacy, quality, and state of 

3 repair of medical-related support facili4 ties 

5 ‘‘(a) TOLL-FREE HOT LINE.—The Secretary of De6 fense shall establish and maintain a toll-free telephone 

7 number (commonly referred to as a ‘hot line’) at which 

8 personnel are accessible at all times to collect, maintain, 

9 and update information regarding possible deficiencies in 

10 the adequacy, quality, and state of repair of medical-re11 lated support facilities. The Secretary shall widely dissemi12 nate information regarding the existence and availability 

13 of the toll-free telephone number to members of the armed 

14 forces and their dependents. 

15 ‘‘(b) CONFIDENTIALITY.—(1) Individuals who seek to 

16 provide information through use of the toll-free telephone 

17 number under subsection (a) shall be notified, immediately 

18 before they provide such information, of their option to 

19 elect, at their discretion, to have their identity remain con20 fidential. 

21 ‘‘(2) In the case of information provided through use 

22 of the toll-free telephone number by an individual who 

23 elects to maintain the confidentiality of his or her identity, 

24 any individual who, by necessity, has had access to such 

25 information for purposes of conducting the investigation 

26 or executing the response plan required by subsection (c) 


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1 may not disclose the identity of the individual who pro2 vided the information. 

3 ‘‘(c) INVESTIGATION AND RESPONSE PLAN.—Not 

4 later than 96 hours after a report of deficiencies in the 

5 adequacy, quality, or state of repair of a medical-related 

6 support facility is received by way of the toll-free telephone 

7 number or other source, the Secretary of Defense shall 

8 ensure that— 

9 ‘‘(1) the deficiencies referred to in the report 

10 are investigated; and 

11 ‘‘(2) if substantiated, a plan of action for reme12 diation of the deficiencies is developed and imple13 mented. 

14 ‘‘(d) RELOCATION.—If the Secretary of Defense de15 termines, on the basis of the investigation conducted in 

16 response to a report of deficiencies at a medical-related 

17 support facility, that conditions at the facility violate 

18 health and safety standards, the Secretary shall relocate 

19 the occupants of the facility while the violations are cor20 rected. 

21 ‘‘(e) MEDICAL-RELATED SUPPORT FACILITY DE22 FINED.—In this section, the term ‘medical-related support 

23 facility’ means any facility of the Department of Defense 

24 that provides support to any of the following: 


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1 ‘‘(1) Members of the armed forces admitted for 

2 treatment to a military medical treatment facility. 

3 ‘‘(2) Members of the armed forces assigned to 

4 a military medical treatment facility as an out5 patient. 

6 ‘‘(3) Family members accompanying any mem7 ber described in paragraph (1) or (2) as a nonmed8 ical attendant.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of such chapter is amended by adding 

11 at the end the following new item: 

‘‘1567. Identification and investigation of deficiencies in adequacy, quality, and 

state of repair of medical-related support facilities.’’. 

12 (c) EFFECTIVE DATE.—The toll-free telephone num13 ber required to be established by section 1567 of title 10, 

14 United States Code, as added by subsection (a), shall be 

15 fully operational not later than 180 days after the date 

16 of the enactment of this Act. 

17 SEC. 1414. NOTIFICATION TO CONGRESS OF HOSPITALIZA18 TION OF COMBAT WOUNDED SERVICE MEM19 BERS. 

20 (a) NOTIFICATION REQUIRED.—Chapter 55 of title 

21 10, United States Code, is further amended by inserting 

22 after section 1074l the following new section: 


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1 ‘‘§ 1074m. Notification to Congress of hospitalization 

2 of combat wounded members 

3 ‘‘(a) NOTIFICATION REQUIRED.—The Secretary con4 cerned shall provide notification of the hospitalization of 

5 any member of the armed forces evacuated from a theater 

6 of combat to the appropriate Members of Congress. 

7 ‘‘(b) APPROPRIATE MEMBERS.—In this section, the 

8 term ‘appropriate Members of Congress’, with respect to 

9 the member of the armed forces about whom notification 

10 is being made, means the Senators and the Members of 

11 the House of Representatives representing the States or 

12 districts, respectively, that include the member’s home of 

13 record and, if different, the residence of the next of kin, 

14 or a different location as provided by the member. 

15 ‘‘(c) CONSENT OF MEMBER REQUIRED.—The notifi16 cation under subsection (a) may be provided only with the 

17 consent of the member of the armed forces about whom 

18 notification is to be made. In the case of a member who 

19 is unable to provide consent, information and consent may 

20 be provided by next of kin.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of such chapter is amended by adding 

23 at the end the following new item: 

‘‘1074m. Notification to Congress of hospitalization of combat wounded members.’’. 


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1 SEC. 1415. INDEPENDENT MEDICAL ADVOCATE FOR MEM2 BERS BEFORE MEDICAL EVALUATION 

3 BOARDS. 

4 (a) ASSIGNMENT OF INDEPENDENT MEDICAL ADVO5 CATE.—Section 1222 of title 10, United States Code, is 

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

8 ‘‘(d) INDEPENDENT MEDICAL ADVOCATE FOR MEM9 BERS BEFORE MEDICAL EVALUATION BOARDS.—(1) The 

10 Secretary of each military department shall ensure, in the 

11 case of any member of the armed forces being considered 

12 by a medical evaluation board under that Secretary’s su13 pervision, that the member has access to a physician or 

14 other appropriate health care professional who is inde15 pendent of the medical evaluation board. 

16 ‘‘(2) The physician or other health care professional 

17 assigned to a member shall— 

18 ‘‘(A) serve as an advocate for the best interests 

19 of the member; and 

20 ‘‘(B) provide the member with advice and coun21 sel regarding the medical condition of the member 

22 and the findings and recommendations of the med23 ical evaluation board.’’. 

24 (b) CLERICAL AMENDMENTS.— 

25 (1) SECTION HEADING.—The heading of such 

26 section is amended to read as follows: 


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1 ‘‘§ 1222. Physical evaluation boards and medical eval2 uation boards’’. 

3 (2) TABLE OF SECTIONS.—The table of sections 

4 at the beginning of chapter 61 of such title is 

5 amended by striking the item relating to section 

6 1222 and inserting the following new item: 

‘‘1222. Physical evaluation boards and medical evaluation boards.’’. 

7 (c) EFFECTIVE DATE.—Subsection (d) of section 

8 1222 of title 10, United States Code, as added by sub9 section (a), shall apply with respect to medical evaluation 

10 boards convened after the end of the 180-day period begin11 ning on the date of the enactment of this Act. 

12 SEC. 1416. TRAINING AND WORKLOAD FOR PHYSICAL EVAL13 UATION BOARD LIAISON OFFICERS. 

14 (a) REQUIREMENTS.—Section 1222(b) of title 10, 

15 United States Code, is amended— 

16 (1) in paragraph (1)— 

17 (A) by striking ‘‘establishing—’’ and all 

18 that follows through ‘‘a requirement’’ and in19 serting ‘‘establishing a requirement’’; and 

20 (B) by striking ‘‘that Secretary; and’’ and 

21 all that follows through the end of subpara22 graph (B) and inserting ‘‘that Secretary. A 

23 physical evaluation board liaison officer may 

24 not be assigned more than 20 members at any 

25 one time, except that the Secretary concerned 


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1 may authorize the assignment of additional 

2 members, for not more than 120 days, if re3 quired due to unforeseen circumstances.’’; 

4 (2) in paragraph (2), by inserting after ‘‘(2)’’ 

5 the following new sentences: ‘‘The Secretary of De6 fense shall establish a standardized training program 

7 and curriculum for physical evaluation board liaison 

8 officers. Successful completion of the training pro9 gram is required before a person may assume the 

10 duties of a physical evaluation board liaison offi11 cer.’’; and 

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

13 paragraph: 

14 ‘‘(3) In this subsection, the term ‘physical evaluation 

15 board liaison officer’ includes any person designated as, 

16 or assigned the duties of, an assistant to a physical evalua17 tion board liaison officer.’’. 

18 (b) EFFECTIVE DATE.—The limitation on the max19 imum number of members of the Armed Forces who may 

20 be assigned to a physical evaluation board liaison officer 

21 shall take effect 180 days after the date of the enactment 

22 of this Act. The training program and curriculum for 

23 physical evaluation board liaison officers shall be imple24 mented not later than 180 days after the date of the en25 actment of this Act. 


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1 SEC. 1417. STANDARDIZED TRAINING PROGRAM AND CUR2 RICULUM FOR DEPARTMENT OF DEFENSE 

3 DISABILITY EVALUATION SYSTEM. 

4 (a) TRAINING PROGRAM REQUIRED.—Section 1216 

5 of title 10, United States Code, is amended by adding at 

6 the end the following new subsection: 

7 ‘‘(e)(1) The Secretary of Defense shall establish a 

8 standardized training program and curriculum for persons 

9 described in paragraph (2) who are involved in the dis10 ability evaluation system. The training under the program 

11 shall be provided as soon as practicable in coordination 

12 with other training associated with the responsibilities of 

13 the person. 

14 ‘‘(2) Persons covered by paragraph (1) include: 

15 ‘‘(A) Commanders. 

16 ‘‘(B) Enlisted members who perform super17 visory functions. 

18 ‘‘(C) Health care professionals. 

19 ‘‘(D) Others persons with administrative, pro20 fessional, or technical responsibilities in the dis21 ability evaluation system. 

22 ‘‘(3) In this subsection, the term ‘disability evaluation 

23 system’ means the Department of Defense system or proc24 ess for evaluating the nature of and extent of disabilities 

25 affecting members of the armed forces (other than the 

26 Coast Guard) and comprised of medical evaluation boards, 


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1 physical evaluation boards, counseling of members, and 

2 final disposition by appropriate personnel authorities, as 

3 operated by the Secretaries of the military departments, 

4 and, in the case of the Coast Guard, a similar system or 

5 process operated by the Secretary of Homeland Security.’’. 

6 (b) EFFECTIVE DATE.—The standardized training 

7 program and curriculum required by subsection (e) of sec8 tion 1216 of title 10, United States Code, as added by 

9 subsection (a), shall be established not later than 180 days 

10 after the date of the enactment of this Act. 

11 SEC. 1418. IMPROVED TRAINING FOR HEALTH CARE PRO12 FESSIONALS, MEDICAL CARE CASE MAN13 AGERS, AND SERVICE MEMBER ADVOCATES 

14 ON PARTICULAR CONDITIONS OF RECOV15 ERING SERVICE MEMBERS. 

16 (a) RECOMMENDATIONS.—Not later than 90 days 

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

18 of Defense shall submit to the appropriate congressional 

19 committees a report setting forth recommendations for the 

20 improvement of the training provided to health care pro21 fessionals, medical care case managers, and service mem22 ber advocates who provide care for or assistance to recov23 ering service members. The recommendations shall in24 clude, at a minimum, specific recommendations to ensure 

25 that such health care professionals, medical care case 


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1 managers, and service member advocates are adequately 

2 trained and able to detect early warning signs of post3 traumatic stress disorder (PTSD), suicidal or homicidal 

4 thoughts or behaviors, and other behavioral health con5 cerns among recovering service members and make 

6 prompt notification to the appropriate health care profes7 sionals. 

8 (b) ANNUAL REVIEW OF TRAINING.—Not later than 

9 180 days after the date of the enactment of this Act and 

10 annually thereafter throughout the global war on terror, 

11 the Secretary shall submit to the appropriate congres12 sional committees a report on the following: 

13 (1) The progress made in providing the training 

14 recommended under subsection (a). 

15 (2) The quality of training provided to health 

16 care professionals, medical care case managers, and 

17 service member advocates, and the number of such 

18 professionals, managers, and advocates trained. 

19 (3) The progress made in developing the track20 ing system under subsection (c) and the results of 

21 the system. 

22 (c) TRACKING SYSTEM.—Not later than 180 days 

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

24 shall develop a system to track the number of notifications 

25 made by medical care case managers and service member 


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1 advocates to health care professionals regarding early 

2 warning signs of post-traumatic stress disorder and sui3 cide in recovering service members assigned to the man4 agers and advocates. 

5 SEC. 1419. PILOT PROGRAM TO ESTABLISH AN ARMY 

6 WOUNDED WARRIOR BATTALION AT AN AP7 PROPRIATE ACTIVE DUTY BASE. 

8 (a) PILOT PROGRAM REQUIRED.— 

9 (1) ESTABLISHMENT.—The Secretary of the 

10 Army shall establish a pilot program, at an appro11 priate active duty base with a major medical facility, 

12 based on the Wounded Warrior Regiment program 

13 of the Marine Corps. The pilot program shall be 

14 known as the Army Wounded Warrior Battalion. 

15 (2) PURPOSE.—Under the pilot program, the 

16 Battalion shall track and assist members of the 

17 Armed Forces in an outpatient status who are still 

18 in need of medical treatment through— 

19 (A) the course of their treatment; 

20 (B) medical and physical evaluation 

21 boards; 

22 (C) transition back to their parent units; 

23 and 


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1 (D) medical retirement and subsequent 

2 transition into the Department of Veterans Af3 fairs medical system. 

4 (3) ORGANIZATION.—The commanding officer 

5 of the Battalion shall be selected by the Army Chief 

6 of Staff and shall be a post-command, at O–5 or O– 

7 5 select, with combat experience in Operation Iraqi 

8 Freedom or Operation Enduring Freedom. The 

9 chain-of-command shall be filled by previously 

10 wounded junior officers and non-commissioned offi11 cers when available and appropriate. 

12 (4) FACILITIES.—The base selected for the 

13 pilot program shall provide adequate physical infra14 structure to house the Army Wounded Warrior Bat15 talion. Any funds necessary for construction or ren16 ovation of existing facilities shall be allocated from 

17 the Department of Defense Medical Support Fund 

18 established under this title. 

19 (5) COORDINATION.—The Secretary of the 

20 Army shall consult with appropriate Marine Corps 

21 counterparts to ensure coordination of best practices 

22 and lessons learned. 

23 (6) PERIOD OF PILOT PROGRAM.—The pilot 

24 program shall be in effect for a period of one year. 


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1 (b) REPORTING REQUIREMENT.—Not later than 90 

2 days after the end of the one-year period for the pilot 

3 project, the Secretary of the Army shall submit to Con4 gress a report containing— 

5 (1) an evaluation of the results of the pilot 

6 project; 

7 (2) an assessment of the Army’s ability to es8 tablish Wounded Warrior Battalions at other major 

9 Army bases; and 

10 (3) recommendations regarding— 

11 (A) the adaptability of the Wounded War12 rior Battalion concept for the Army’s larger 

13 wounded population; and 

14 (B) closer coordination and sharing of re15 sources with counterpart programs of the Ma16 rine Corps. 

17 (c) EFFECTIVE DATE.—The pilot program required 

18 by this section shall be implemented not later than 180 

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

20 SEC. 1420. CRITERIA FOR REMOVAL OF MEMBER FROM 

21 TEMPORARY DISABILITY RETIRED LIST. 

22 (a) CRITERIA.—Section 1210(e) of title 10, United 

23 States Code, is amended by inserting ‘‘of a permanent na24 ture and stable and is’’ after ‘‘physical disability is’’. 


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

2 subsection (a) shall apply to any case received for consid3 eration by a physical evaluation board after the date of 

4 the enactment of this Act. 

5 SEC. 1421. IMPROVED TRANSITION OF MEMBERS OF THE 

6 ARMED FORCES TO DEPARTMENT OF VET7 ERANS AFFAIRS UPON RETIREMENT OR SEP8 ARATION. 

9 (a) TRANSITION OF MEMBERS SEPARATED OR RE10 TIRED.— 

11 (1) TRANSITION PROCESS.—Chapter 58 of title 

12 10, United States Code, is amended by inserting 

13 after section 1142 the following new section: 

14 ‘‘§ 1142a. Process for transition of members to health 

15 care and physical disability systems of 

16 Department of Veterans Affairs 

17 ‘‘(a) TRANSITION PLAN.—(1) The Secretary of De18 fense shall ensure that each member of the armed forces 

19 who is being separated or retired under chapter 61 of this 

20 title receives a written transition plan that— 

21 ‘‘(A) specifies the recommended schedule and 

22 milestones for the transition of the member from 

23 military service; and 

24 ‘‘(B) provides for a coordinated transition of 

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1 ability system to the Department of Veterans Af2 fairs. 

3 ‘‘(2) A member being separated or retired under 

4 chapter 61 of this title shall receive the transition plan 

5 before the separation or retirement date of the member. 

6 ‘‘(3) The transition plan for a member under this 

7 subsection shall include information and guidance de8 signed to assist the member in understanding and meeting 

9 the schedule and milestones for the member’s transition. 

10 ‘‘(b) FORMAL TRANSITION PROCESS.—(1) The Sec11 retary of Defense, in cooperation with the Secretary of 

12 Veterans Affairs, shall establish a formal process for the 

13 transmittal to the Secretary of Veterans Affairs of the 

14 records and other information described in paragraph (2) 

15 as part of the separation or retirement of a member of 

16 the armed forces under chapter 61 of this title. 

17 ‘‘(2) The records and other information to be trans18 mitted under paragraph (1) with respect to a member 

19 shall include, at a minimum, the following: 

20 ‘‘(A) The member’s address and contact infor21 mation. 

22 ‘‘(B) The member’s DD–214 discharge form, 

23 which shall be transmitted electronically. 


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1 ‘‘(C) A copy of the member’s service record, in2 cluding medical records and any results of a Phys3 ical Evaluation Board. 

4 ‘‘(D) Whether the member is entitled to transi5 tional health care, a conversion health policy, or 

6 other health benefits through the Department of De7 fense under section 1145 of this title. 

8 ‘‘(E) Any requests by the member for assist9 ance in enrolling in, or completed applications for 

10 enrollment in, the health care system of the Depart11 ment of Veterans Affairs for health care benefits for 

12 which the member may be eligible under laws admin13 istered by the Secretary of Veterans Affairs. 

14 ‘‘(F) Any requests by the member for assist15 ance in applying for, or completed applications for, 

16 compensation and vocational rehabilitation benefits 

17 to which the member may be entitled under laws ad18 ministered by the Secretary of Veterans Affairs, if 

19 the member is being medically separated or is being 

20 retired under chapter 61 of this title. 

21 ‘‘(3) Before transmittal of medical records of a mem22 ber to the Department of Veterans Affairs, the Secretary 

23 of Defense shall ensure that the member (or an individual 

24 legally recognized to make medical decisions on behalf of 

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1 untary signing of which shall authorize the transfer of the 

2 medical records of the member from the Department of 

3 Defense to the Department of Veterans Affairs pursuant 

4 to the Health Insurance Portability and Accountability 

5 Act of 1996. Nothing in this paragraph shall be construed 

6 as limiting or otherwise altering the applicability of the 

7 Health Insurance Portability and Accountability Act of 

8 1996 to medical records maintained by the Department 

9 of Defense and the Department of Veterans Affairs. 

10 ‘‘(4) With the consent of the member, the member’s 

11 address and contact information shall also be submitted 

12 to the department or agency for veterans affairs of the 

13 State in which the member intends to reside after the sep14 aration or retirement of the member. 

15 ‘‘(c) MEETING.—(1) The formal process required by 

16 subsection (b) for the transmittal of records and other in17 formation with respect to a member shall include a meet18 ing between representatives of the Secretary concerned 

19 and the Secretary of Veterans Affairs, which shall take 

20 place at a location designated by the Secretaries. The 

21 member shall be informed of the meeting at least 30 days 

22 in advance of the meeting, except that the member may 

23 waive the notice requirement in order to accelerate trans24 mission of the member’s records and other information to 

25 the Department of Veterans Affairs. 


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1 ‘‘(2) A member shall be given an opportunity to sub2 mit a written statement for consideration by the Secretary 

3 of Veterans Affairs. 

4 ‘‘(d) TIME FOR TRANSMITTAL OF RECORDS.—The 

5 Secretary concerned shall provide for the transmittal to 

6 the Department of Veterans Affairs of records and other 

7 information with respect to a member at the earliest prac8 ticable date. In no case should the transmittal occur later 

9 than the date of the separation or retirement of the mem10 ber. 

11 ‘‘(e) ARMED FORCES.—In this section, the term 

12 ‘armed forces’ means the Army, Navy, Air Force, and Ma13 rine Corps.’’. 

14 (2) TABLE OF SECTIONS.—The table of sections 

15 at the beginning of such chapter is amended by in16 serting after the item relating to section 1142 the 

17 following new item: 

‘‘1142a. Process for transition of members to health care and physical disability 

systems of Department of Veterans Affairs.’’. 

18 (b) UNIFORM SEPARATION AND EVALUATION PHYS19 ICAL.—Section 1145 of such title is amended— 

20 (1) by redesignating subsections (d) and (e) as 

21 subsections (e) and (f), respectively; and 

22 (2) by inserting after subsection (c) the fol23 lowing new subsection: 


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1 ‘‘(d) UNIFORM SEPARATION AND EVALUATION PHYS2 ICAL.—The joint separation and evaluation physical, as 

3 described in DD–2808 and DD–2697, shall be used by 

4 the Secretary of Defense in connection with the medical 

5 separation or retirement of all members of the armed 

6 forces, including members separated or retired under 

7 chapter 61 of this title. The Secretary of Veterans Affairs 

8 shall adopt the same separation and evaluation physical 

9 for use by the Department of Veterans Affairs.’’. 

10 (c) INTEROPERABILITY OF CRITICAL MEDICAL IN11 FORMATION AND BI-DIRECTIONAL ACCESS.— 

12 (1) INTEROPERABILITY AND ACCESS IMPROVE13 MENT.—The Secretary of Defense and Secretary of 

14 Veterans Affairs shall jointly establish and imple15 ment a process to ensure an interoperable, bi-direc16 tional, real-time exchange of critical medical infor17 mation between the Department of Defense and the 

18 Department of Veterans Affairs. 

19 (2) CRITICAL MEDICAL INFORMATION DE20 FINED.—In this subsection, the term ‘‘critical med21 ical information’’ includes, at a minimum, outpatient 

22 notes, clinical notes, radiographs, laboratory data, 

23 information regarding medications, operation notes, 

24 narrative summaries, and discharge summaries. 

25 (d) CO-LOCATION OF VA BENEFIT TEAMS.— 


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1 (1) CO-LOCATION.—The Secretary of Defense 

2 and the Secretary of Veterans Affairs shall jointly 

3 determine the optimal locations for the deployment 

4 of Department of Veterans Affairs benefits team to 

5 support recovering service members assigned to mili6 tary medical treatment facilities, medical-related 

7 support facilities, and community-based health care 

8 organizations. 

9 (2) MILITARY MEDICAL TREATMENT FACILITY

10 DEFINED.—In this subsection, the term ‘‘medical-re11 lated support facility’’ has the meaning given that 

12 term in subsection (b) of section 492 of title 10, 

13 United States Code, as added by section 1431(a). 

14 (e) REPEAL OF SUPERSEDED CHAPTER 61 MEDICAL

15 RECORD TRANSMITTAL REQUIREMENT.— 

16 (1) REPEAL.—Section 1142 of such title is 

17 amended by striking subsection (c). 

18 (2) SECTION HEADING.—The heading of such 

19 section is amended to read as follows: 

20 ‘‘§ 1142. Preseparation counseling’’. 

21 (3) TABLE OF SECTIONS.—The table of sections 

22 at the beginning of chapter 58 of such title is 

23 amended by striking the item relating to section 

24 1142 and inserting the following new item: 

‘‘1142. Preseparation counseling.’’. 


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1 (f) EFFECTIVE DATES.—Section 1142a of title 10, 

2 United States Code, as added by subsection (a), and sub3 section (d) of section 1145 of such title, as added by sub4 section (b), shall apply with respect to members of the 

5 Armed Forces who are separated or retired from the 

6 Armed Forces on or after the first day of the eighth month 

7 beginning after the date of the enactment of this Act. The 

8 requirements of subsections (c) and (d), and the amend9 ments made by subsection (e), shall take effect on the first 

10 day of such eighth month. 

11 SEC. 1422. ESTABLISHMENT OF MEDICAL SUPPORT FUND 

12 FOR SUPPORT OF MEMBERS OF THE ARMED 

13 FORCES RETURNING TO MILITARY SERVICE 

14 OR CIVILIAN LIFE. 

15 (a) ESTABLISHMENT AND PURPOSE.—There is es16 tablished on the books of the Treasury a fund to be known 

17 as the Department of Defense Medical Support Fund 

18 (hereinafter in this section referred to as the ‘‘Fund’’), 

19 which shall be administered by the Secretary of the Treas20 ury. 

21 (b) PURPOSES.—The Fund shall be used— 

22 (1) to support programs and activities relating 

23 to the medical treatment, care, rehabilitation, recov24 ery, and support of wounded and injured members 


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1 of the Armed Forces and their return to military 

2 service or transition to civilian society; and 

3 (2) to support programs and facilities intended 

4 to support the families of wounded and injured 

5 members of the Armed Forces. 

6 (c) ASSETS OF FUND.—There shall be deposited into 

7 the Fund any amount appropriated to the Fund, which 

8 shall constitute the assets of the Fund. 

9 (d) TRANSFER OF FUNDS.— 

10 (1) AUTHORITY TO TRANSFER.—The Secretary 

11 of Defense may transfer amounts in the Fund to ap12 propriations accounts for military personnel; oper13 ation and maintenance; procurement; research, de14 velopment, test, and evaluation; military construc15 tion; and the Defense Health Program. Amounts so 

16 transferred shall be merged with and available for 

17 the same purposes and for the same time period as 

18 the appropriation account to which transferred. 

19 (2) ADDITION TO OTHER AUTHORITY.—The 

20 transfer authority provided in paragraph (1) is in 

21 addition to any other transfer authority available to 

22 the Department of Defense. Upon a determination 

23 that all or part of the amounts transferred from the 

24 Fund are not necessary for the purposes for which 


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1 transferred, such amounts may be transferred back 

2 to the Fund. 

3 (3) NOTIFICATION.—The Secretary of Defense 

4 shall, not fewer than five days before making a 

5 transfer from the Fund, notify the congressional de6 fense committees in writing of the details of the 

7 transfer. The Secretary shall provide an summary of 

8 transfers from the Fund during a fiscal year in the 

9 defense budget materials accompanying the budget 

10 for that fiscal year submitted by the President under 

11 section 1105(a) of title 31, United States Code. 

12 (e) WOUNDED WARRIOR REGIMENT PROGRAM.—The 

13 Secretary of Defense shall ensure that $10,000,000 for 

14 fiscal year 2008 is transferred from the Medical Support 

15 Fund to support programs, activities, and facilities associ16 ated with the Marine Corps Wounded Warrior Regiment 

17 program, to be used as follows: 

18 (1) $6,550,000 for Case Management and Pa19 tient Support. 

20 (2) $1,200,000 for Wounded Warrior Interim 

21 Regimental Headquarters Building conversion. 

22 (3) $1,300,000 for Case Management System 

23 Development. 

24 (4) $95,000 for Support Equipment. 


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1 (f) FUNDING.—Of the amounts authorized to be ap2 propriated pursuant to section 421 for military personnel 

3 accounts, $50,000,000 is authorized for the Department 

4 of Defense Medical Support Fund. Such funds shall re5 main available through September 30, 2008. 

6 SEC. 1423. OVERSIGHT BOARD FOR WOUNDED WARRIORS. 

7 (a) ESTABLISHMENT.—There is hereby established a 

8 board to be known as the Oversight Board for Wounded 

9 Warriors (in this section referred to as the ‘‘Oversight 

10 Board’’). 

11 (b) COMPOSITION.—The Oversight Board shall be 

12 composed of 12 members, of whom— 

13 (1) two shall be appointed by the majority lead14 er of the Senate; 

15 (2) two shall be appointed by the minority lead16 er of the Senate; 

17 (3) two shall be appointed by the Speaker of 

18 the House of Representatives; 

19 (4) two shall be appointed by the minority lead20 er of the House of Representatives; 

21 (5) two shall be appointed by the Secretary of 

22 Veterans Affairs; and 

23 (6) two shall be appointed by the Secretary of 

24 Defense. 


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1 (c) QUALIFICATIONS.—All members of the Oversight 

2 Board shall have sufficient knowledge of, or experience 

3 with, the military healthcare system, the disability evalua4 tion system, or the experience of a recovering service mem5 ber or family member of a recovering service member. 

6 (d) APPOINTMENT.— 

7 (1) TERM.—Each member of the Oversight 

8 Board shall be appointed for a term of three years. 

9 A member may be reappointed for one or more addi10 tional terms. 

11 (2) VACANCIES.—Any vacancy in the Oversight 

12 Board shall be filled in the same manner in which 

13 the original appointment was made. 

14 (e) DUTIES.— 

15 (1) ADVICE AND CONSULTATION.—The Over16 sight Board shall provide advice and consultation to 

17 the Secretary of Defense and the Committees on 

18 Armed Services of the Senate and the House of Rep19 resentatives regarding— 

20 (A) the process for streamlining the dis21 ability evaluation systems of the military de22 partments; 

23 (B) the process for correcting and improv24 ing the ratios of case managers and service 


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1 member advocates to recovering service mem2 bers; 

3 (C) the need to revise Department of De4 fense policies to improve the experience of re5 covering service members while under Depart6 ment of Defense care; 

7 (D) the need to revise Department of De8 fense policies to improve counseling, outreach, 

9 and general services provided to family mem10 bers of recovering service members; 

11 (E) the need to revise Department of De12 fense policies regarding the provision of quality 

13 lodging to recovering service members; and 

14 (F) such other matters relating to the eval15 uation and care of recovering service members, 

16 including evaluation under disability evaluation 

17 systems, as the Board considers appropriate. 

18 (2) VISITS TO MILITARY MEDICAL TREATMENT

19 FACILITIES.—In carrying out its duties, each mem20 ber of the Oversight Board shall visit not less than 

21 three military medical treatment facilities each year, 

22 and the Board shall conduct each year one meeting 

23 of all the members of the Board at a military med24 ical treatment facility. 


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1 (f) STAFF.—The Secretary shall make available the 

2 services of at least two officials or employees of the De3 partment of Defense to provide support and assistance to 

4 members of the Oversight Board. 

5 (g) TRAVEL EXPENSES.—Members of the Oversight 

6 Board shall be allowed travel expenses, including per diem 

7 in lieu of subsistence, at rates authorized for employees 

8 of agencies under subchapter I of chapter 57 of title 5, 

9 United States Code, while away from their homes or reg10 ular places of business in the performance of service for 

11 the Oversight Board. 

12 (h) ANNUAL REPORTS.—The Oversight Board shall 

13 submit to the Secretary of Defense and the Committees 

14 on Armed Services of the Senate and the House of Rep15 resentatives each year a report on its activities during the 

16 preceding year, including any findings and recommenda17 tions of the Oversight Board as a result of such activities. 

18 SEC. 1424. OPTION FOR MEMBERS OF RESERVE COMPO19 NENTS TO USE MILITARY MEDICAL TREAT20 MENT FACILITIES CLOSEST TO HOME FOR 

21 CERTAIN INJURIES. 

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1 ignated by the Secretary closest to the member’s home 

2 rather than closest to the base from which the member 

3 was deployed. 

4 SEC. 1425. PLANS AND RESEARCH FOR REDUCING POST 

5 TRAUMATIC STRESS DISORDER. 

6 (a) PLANS FOR REDUCING POST TRAUMATIC STRESS

7 DISORDER.— 

8 (1) PLAN FOR PREVENTION.— 

9 (A) IN GENERAL.—The Secretary of De10 fense shall develop a plan to incorporate evi11 dence-based preventive and early-intervention 

12 measures, practices, or procedures that reduce 

13 the likelihood that personnel in combat will de14 velop post-traumatic stress disorder or other 

15 stress-related psychopathologies (including sub16 stance use conditions) into— 

17 (i) basic and pre-deployment training 

18 for enlisted members of the Armed Forces, 

19 noncommissioned officers, and officers; 

20 (ii) combat theater operations; and 

21 (iii) post-deployment service. 

22 (B) UPDATES.—The Secretary of Defense 

23 shall update the plan under subparagraph (A) 

24 periodically to incorporate, as the Secretary 

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1 search, including research conducted pursuant 

2 to subsection (b). 

3 (2) RESEARCH.—Subject to subsection (b), the 

4 Secretary of Defense shall develop a plan, in con5 sultation with the Department of Veterans Affairs, 

6 the National Institutes of Health, and the National 

7 Academy of Sciences, to conduct such research as is 

8 necessary to develop the plan described in paragraph 

9 (1). 

10 (b) EVIDENCE-BASED RESEARCH AND TRAINING.— 

11 (1) WORKING GROUP.—The Secretary of De12 fense shall conduct a study, in coordination with the 

13 Department of Veterans Affairs, the National Insti14 tutes of Health, and the National Academy of 

15 Sciences’ Institute of Medicine, to determine the fea16 sibility of establishing a working group tasked with 

17 researching and developing evidence-based measures, 

18 practices, or procedures that reduce the likelihood 

19 that personnel in combat will develop post-traumatic 

20 stress disorder or other stress-related psychological 

21 pathologies (including substance use conditions). 

22 The working group shall include personnel with ex23 perience in a combat theater, and behavioral health 

24 personnel who have experience providing treatment 

25 to individuals with experience in a combat theater. 


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1 (2) PEER-REVIEWED RESEARCH PROGRAM.— 

2 Not later than 180 days after the date of the enact3 ment of this Act, the Secretary of Defense shall sub4 mit to Congress a plan for a peer-reviewed research 

5 program within the Defense Health Program’s re6 search and development function to research and de7 velop evidence-based preventive and early interven8 tion measures, practices, or procedures that reduce 

9 the likelihood that personnel in combat will develop 

10 post-traumatic stress disorder or other stress-related 

11 psychopathologies (including substance use condi12 tions). 

13 (c) REPORT.—The Secretary of Defense shall submit 

14 to Congress a report on the plans and studies required 

15 under this section. 

16 Subtitle B—Studies and Reports 

17 SEC. 1431. ANNUAL REPORT ON MILITARY MEDICAL FACILI18 TIES. 

19 (a) IN GENERAL.— 

20 (1) REPORT REQUIREMENT.—Chapter 23 of 

21 title 10, United States Code, as amended by this 

22 Act, is further amended by adding at the end the 

23 following new section: 


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1 ‘‘§ 492. Annual report on military medical facilities 

2 ‘‘(a) ANNUAL REPORT.—Not later than the date on 

3 which the President submits the budget for a fiscal year 

4 to Congress pursuant to section 1105 of title 31, the Sec5 retary of Defense shall submit to the Committees on 

6 Armed Services of the Senate and the House of Represent7 atives a report on the adequacy, suitability, and quality 

8 of medical facilities and medical-related support facilities 

9 at each military installation within the Department of De10 fense. 

11 ‘‘(b) RESPONSE TO HOT-LINE INFORMATION.—The 

12 Secretary of Defense shall include in each report informa13 tion regarding— 

14 ‘‘(1) any deficiencies in the adequacy, quality, 

15 or state of repair of medical-related support facilities 

16 raised as a result of information received during the 

17 period covered by the report through the toll-free hot 

18 line maintained pursuant to section 1567 of this 

19 title; and 

20 ‘‘(2) the investigations conducted and plans of 

21 action prepared under such section to respond to 

22 such deficiencies. 

23 ‘‘(c) MEDICAL-RELATED SUPPORT FACILITY.—In 

24 this section, the term ‘medical-related support facility’ is 

25 any facility of the Department of Defense that provides 

26 support to any of the following: 


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1 ‘‘(1) Members of the armed forces admitted for 

2 treatment to military medical treatment facilities. 

3 ‘‘(2) Members of the armed forces assigned to 

4 military medical treatment facilities as an out5 patient. 

6 ‘‘(3) Family members accompanying any mem7 ber described in paragraph (1) or (2) as a nonmed8 ical attendant.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of such chapter is amended 

11 by adding at the end the following new item: 

‘‘492. Annual report on military medical facilities.’’. 

12 (b) EFFECTIVE DATE.—The first report under sec13 tion 492 of title 10, United States Code, as added by sub14 section (a), shall be submitted not later than the date of 

15 submission of the budget for fiscal year 2009. 

16 SEC. 1432. ACCESS OF RECOVERING SERVICE MEMBERS TO 

17 ADEQUATE OUTPATIENT RESIDENTIAL FA18 CILITIES. 

19 (a) REQUIRED INSPECTIONS OF FACILITIES.—All 

20 quarters of the United States and housing facilities under 

21 the jurisdiction of the Armed Forces that are occupied by 

22 recovering service members shall be inspected on a semi23 annual basis for the first two years after the enactment 

24 of this Act and annually thereafter by the inspectors gen25 eral of the regional medical commands. 


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1 (b) INSPECTOR GENERAL REPORTS.—The inspector 

2 general for each regional medical command shall— 

3 (1) submit a report on each inspection of a fa4 cility conducted under subsection (a) to the post 

5 commander at such facility, the commanding officer 

6 of the hospital affiliated with such facility, the sur7 geon general of the military department that oper8 ates such hospital, the Secretary of the military de9 partment concerned, the Assistant Secretary of De10 fense for Health Affairs, the Oversight Board for 

11 Wounded Warriors established pursuant to section 

12 1423, and the appropriate congressional committees; 

13 and 

14 (2) post each such report on the Internet 

15 website of such regional medical command. 

16 SEC. 1433. EVALUATION AND REPORT ON DEPARTMENT OF 

17 DEFENSE AND DEPARTMENT OF VETERANS 

18 AFFAIRS DISABILITY EVALUATION SYSTEMS. 

19 (a) EVALUATION.—The Secretary of Defense and the 

20 Secretary of Veterans Affairs shall conduct a joint evalua21 tion of the disability evaluation systems used by the De22 partment of Defense and the Department of Veterans Af23 fairs for the purpose of— 

24 (1) improving the consistency of the two dis25 ability evaluation systems; and 


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1 (2) evaluating the feasibility of, and potential 

2 options for, consolidating the two systems. 

3 (b) RELATION TO VETERANS’ DISABILITY BENEFITS

4 COMMISSION.—In conducting the evaluation of the dis5 ability evaluation systems used by the Department of De6 fense and the Department of Veterans Affairs, the Sec7 retary of Defense and the Secretary of Veterans Affairs 

8 shall consider the findings and recommendations of the 

9 Veterans’ Disability Benefits Commission established pur10 suant to title XV of the National Defense Authorization 

11 Act for Fiscal Year 2004 (Public Law 108–136; 38 U.S.C. 

12 1101 note). 

13 (c) REPORT.—Not later than 180 days after the date 

14 of the submission of the final report of the Veterans’ Dis15 ability Benefits Commission, the Secretary of Defense and 

16 the Secretary of Veterans Affairs shall submit to Congress 

17 a report containing— 

18 (1) the results of the evaluation; and 

19 (2) the recommendations of the Secretaries for 

20 improving the consistency of the two disability eval21 uation systems and such other recommendations as 

22 the Secretaries consider appropriate. 


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1 SEC. 1434. STUDY AND REPORT ON SUPPORT SERVICES 

2 FOR FAMILIES OF RECOVERING SERVICE 

3 MEMBERS. 

4 (a) STUDY REQUIRED.—The Secretary of Defense 

5 shall conduct a study of the provision of support services 

6 for families of recovering service members. 

7 (b) MATTERS COVERED.—The study under sub8 section (a) shall include the following: 

9 (1) A determination of the types of support 

10 services that are currently provided by the Depart11 ment of Defense to family members described in 

12 subsection (c), and the cost of providing such serv13 ices. 

14 (2) A determination of additional types of sup15 port services that would be feasible for the Depart16 ment to provide to such family members, and the 

17 costs of providing such services, including the fol18 lowing types of services: 

19 (A) The provision of medical care at mili20 tary medical treatment facilities. 

21 (B) The provision of job placement services 

22 offered by the Department of Defense to any 

23 family member caring for a recovering service 

24 member for more than 45 days during a one25 year period. 


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1 (C) The provision of meals without charge 

2 at military medical treatment facilities. 

3 (3) A survey of military medical treatment fa4 cilities to estimate the number of family members to 

5 whom the support services would be provided. 

6 (4) A determination of any discrimination in 

7 employment that such family members experience, 

8 including denial of retention in employment, pro9 motion, or any benefit of employment by an em10 ployer on the basis of the person’s absence from em11 ployment as described in subsection (c), and a deter12 mination, in consultation with the Secretary of 

13 Labor, of the options available for such family mem14 bers. 

15 (c) COVERED FAMILY MEMBERS.—A family member 

16 described in this subsection is a family member of a recov17 ering service member who is— 

18 (1) on invitational orders while caring for the 

19 recovering service member; 

20 (2) a non-medical attendee caring for the recov21 ering service member; or 

22 (3) receiving per diem payments from the De23 partment of Defense while caring for the recovering 

24 service member. 


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

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

3 shall submit to the Committees on Armed Services of the 

4 Senate and the House of Representatives a report on the 

5 results of the study, with such findings and recommenda6 tions as the Secretary considers appropriate. 

7 SEC. 1435. REPORT ON TRAUMATIC BRAIN INJURY CLASSI8 FICATIONS. 

9 (a) INTERIM REPORT.—Not later than 90 days after 

10 the date of the enactment of this Act, the Secretary of 

11 Defense shall submit to the Committees on Armed Serv12 ices of the Senate and the House of Representatives an 

13 interim report describing the changes undertaken within 

14 the Department of Defense to ensure that traumatic brain 

15 injury victims receive a proper medical designation con16 comitant with their injury as opposed to the current med17 ical designation which assigns a generic ‘‘organic psy18 chiatric disorder’’ classification. 

19 (b) FINAL REPORT.—Not later than 180 days after 

20 the date of the enactment of this Act, the Secretary of 

21 Defense shall submit to the Committees on Armed Serv22 ices of the Senate and the House of Representatives a 

23 final report concerning traumatic brain injury classifica24 tions and an explanation and justification of the Depart25 ment’s use of the international classification of disease 


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1 (ICD) 9 designation, recommendations for transitioning to 

2 ICD 10 or 11, and the benefits the civilian community 

3 experiences from using ICD 10. 

4 SEC. 1436. EVALUATION OF THE POLYTRAUMA LIAISON OF5 FICER/NON-COMMISSIONED OFFICER PRO6 GRAM. 

7 (a) EVALUATION REQUIRED.—The Secretary of De8 fense shall conduct an evaluation of the Polytrauma Liai9 son Officer/Non-Commissioned Officer program, which is 

10 the program operated by each of the military departments 

11 and the Department of Veterans Affairs for the purpose 

12 of— 

13 (1) assisting in the seamless transition of mem14 bers of the Armed Forces from the Department of 

15 Defense health care system to the Department of 

16 Veterans Affairs system; and 

17 (2) expediting the flow of information and com18 munication between military treatment facilities and 

19 the Veterans Affairs Polytrauma Centers. 

20 (b) MATTERS COVERED.—The evaluation of the 

21 Polytrauma Liaison Officer/Non-Commissioned Officer 

22 program shall include evaluating the following areas: 

23 (1) The program’s effectiveness in the following 

24 areas: 

25 (A) Handling of military patient transfers. 


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1 (B) Ability to access military records in a 

2 timely manner. 

3 (C) Collaboration with Polytrauma Center 

4 treatment teams. 

5 (D) Collaboration with Veteran Service Or6 ganizations. 

7 (E) Functioning as the Polytrauma Cen8 ter’s subject-matter expert on military issues. 

9 (F) Supporting and assisting family mem10 bers. 

11 (G) Providing education, information, and 

12 referrals to members of the Armed Forces and 

13 their family members. 

14 (H) Functioning as uniformed advocates 

15 for members of the Armed Forces and their 

16 family members. 

17 (I) Inclusion in Polytrauma Center meet18 ings. 

19 (J) Completion of required administrative 

20 reporting. 

21 (K) Ability to provide necessary adminis22 trative support to all members of the Armed 

23 Forces. 

24 (2) Manpower requirements to effectively carry 

25 out all required functions of the Polytrauma Liaison 


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1 Officer/Non-Commissioned Officer program given 

2 current and expected case loads. 

3 (3) Expansion of the program to incorporate 

4 Navy and Marine Corps officers and senior enlisted 

5 personnel. 

6 (c) REPORTING REQUIREMENT.—Not later than 90 

7 days after the date of the enactment of this Act, the Sec8 retary of Defense shall submit to Congress a report con9 taining— 

10 (1) the results of the evaluation; and 

11 (2) recommendations for any improvements in 

12 the program. 

13 SEC. 1437. STUDY AND REPORT ON STANDARD SOLDIER PA14 TIENT TRACKING SYSTEM. 

15 (a) STUDY REQUIRED.—The Secretary of Defense 

16 shall conduct a study on the feasibility of developing a 

17 joint soldier tracking system for recovering service mem18 bers. 

19 (b) MATTERS COVERED.—The study under sub20 section (a) shall include the following: 

21 (1) Review of the feasibility of allowing each re22 covering service member, each family member of 

23 such a member, each commander of a military in24 stallation retaining medical holdover patients, each 

25 patient navigator, and ombudsman office personnel, 


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1 at all times, to be able to locate and understand ex2 actly where a recovering service member is in the 

3 medical holdover process. 

4 (2) A determination of whether the tracking 

5 system can be designed to ensure that— 

6 (A) the commander of each military med7 ical facility where recovering service members 

8 are located is able to track appointments of 

9 such members to ensure they are meeting time10 liness and other standards that serve the mem11 ber; and 

12 (B) each recovering service member is able 

13 to know when his appointments and other med14 ical evaluation board or physical evaluation 

15 board deadlines will be and that they have been 

16 scheduled in a timely and accurate manner. 

17 (3) Any other information needed to conduct 

18 oversight of care of the member through out the 

19 medical holdover process. 

20 (c) REPORT.—Not later than 180 days after the date 

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

22 shall submit to the Committees on Armed Services of the 

23 Senate and the House of Representatives a report on the 

24 results of the study, with such findings and recommenda25 tions as the Secretary considers appropriate. 


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1 SEC. 1438. STUDY AND REPORT ON WAITING PERIODS FOR 

2 APPOINTMENTS AT DEPARTMENT OF VET3 ERANS AFFAIRS MEDICAL FACILITIES. 

4 (a) STUDY REQUIRED.—The Secretary of Veterans 

5 Affairs shall conduct a study on the average length of time 

6 between the desired date for which a veteran seeks to 

7 schedule an appointment for health care at a Department 

8 of Veterans Affairs medical facility and the date on which 

9 such appointment is completed. 

10 (b) FOCUS OF STUDY.—In conducting the study 

11 under subsection (a), the Secretary shall focus on appoint12 ments scheduled and completed at Department medical fa13 cilities located in both rural and urban areas. 

14 (c) REPORT.—Not later than 180 days after the date 

15 of the enactment of this Act, the Secretary shall submit 

16 a report to Congress containing the findings of the study 

17 under subsection (a) and recommendations for decreasing 

18 the waiting time between the desired date of an appoint19 ment and the completion of the appointment to a max20 imum of 15 days. 

21 SEC. 1439. DEPARTMENT OF DEFENSE STUDY ON THE FEA22 SIBILITY OF MEASURING FAMILY MEMBER 

23 SATISFACTION WITH HEALTH CARE SERV24 ICES. 

25 The Secretary of Defense shall conduct a study on 

26 the feasibility of measuring family member satisfaction 


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1 with the quality of health care services provided to pa2 tients, particularly those patients incapacitated by injuries 

3 that render them unable to respond completely to surveys 

4 on their own. 

5 Subtitle C—General Provisions 

6 SEC. 1451. MORATORIUM ON CONVERSION TO CON7 TRACTOR PERFORMANCE OF DEPARTMENT 

8 OF DEFENSE FUNCTIONS AT MILITARY MED9 ICAL FACILITIES. 

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

11 (1) The conduct of public-private competitions 

12 for the performance of Department of Defense func13 tions, based on Office of Management and Budget 

14 Circular A–76, can lead to dramatic reductions in 

15 the workforce, undermining an agency’s ability to 

16 perform its mission. 

17 (2) The Army Garrison commander at the Wal18 ter Reed Army Medical Center has stated that the 

19 extended A–76 competition process contributed to 

20 the departure of highly skilled administrative and 

21 maintenance personnel, which led to the problems at 

22 the Walter Reed Army Medical Center. 

23 (b) MORATORIUM.—During the one-year period be24 ginning on the date of the enactment of this Act, no study 

25 or competition may be begun or announced pursuant to 


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1 section 2461 of title 10, United States Code, or otherwise 

2 pursuant to Office of Management and Budget Circular 

3 A–76 relating to the possible conversion to performance 

4 by a contractor of any Department of Defense function 

5 carried out at a military medical facility. 

6 (c) REPORT REQUIRED.—Not later than 180 days 

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

8 of Defense shall submit to the Committee on Armed Serv9 ices of the Senate and the Committee on Armed Services 

10 of the House of Representatives a report on the public11 private competitions being conducted for Department of 

12 Defense functions carried out at military medical facilities 

13 as of the date of the enactment of this Act by each military 

14 department and defense agency. Such report shall in15 clude— 

16 (1) for each such competition— 

17 (A) the cost of conducting the public-pri18 vate competition; 

19 (B) the number of military personnel and 

20 civilian employees of the Department of De21 fense affected; 

22 (C) the estimated savings identified and 

23 the savings actually achieved; 


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1 (D) an evaluation whether the anticipated 

2 and budgeted savings can be achieved through 

3 a public-private competition; and 

4 (E) the effect of converting the perform5 ance of the function to performance by a con6 tractor on the quality of the performance of the 

7 function; 

8 (2) a description of any public-private competi9 tion the Secretary would conduct if the moratorium 

10 under subsection (b) were not in effect; and 

11 (3) an assessment of whether any method of 

12 business reform or reengineering other than a pub13 lic-private competition could, if implemented in the 

14 future, achieve any anticipated or budgeted savings. 

15 SEC. 1452. PROHIBITION ON TRANSFER OF RESOURCES 

16 FROM MEDICAL CARE. 

17 Neither the Secretary of Defense nor the Secretaries 

18 of the military departments may transfer funds or per19 sonnel from medical care functions to administrative func20 tions within the Department of Defense in order to comply 

21 with the new administrative requirements imposed by this 

22 title or the amendments made by this title. 


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1 SEC. 1453. INCREASE IN PHYSICIANS AT HOSPITALS OF THE 

2 DEPARTMENT OF VETERANS AFFAIRS. 

3 The Secretary of Veterans Affairs shall increase the 

4 number of resident physicians at hospitals of the Depart5 ment of Veterans Affairs. 

6 SEC. 1454. TRANSPORTATION OF REMAINS OF DECEASED 

7 MEMBERS OF THE ARMED FORCES AND CER8 TAIN OTHER PERSONS. 

9 Section 1482(a)(8) of title 10, United States Code, 

10 is amended by adding at the end the following new sen11 tence: ‘‘When transportation of the remains includes 

12 transportation by aircraft under section 562 of the John 

13 Warner National Defense Authorization Act for Fiscal 

14 Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note), 

15 the Secretary concerned shall provide, to the maximum ex16 tent practicable, for delivery of the remains by air to the 

17 commercial, general aviation, or military airport nearest 

18 to the place selected by the designee.’’. 

19 TITLE CC—AUTHORIZATION OF 

20 ADDITIONAL APPROPRIA21 TIONS FOR OPERATION IRAQI 

22 FREEDOM AND OPERATION 

23 ENDURING FREEDOM 

Sec. 1501. Purpose and statement of congressional policy. 

Sec. 1502. Army procurement. 

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Air Force procurement. 

Sec. 1505. Joint Improvised Explosive Device Defeat Fund. 


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Sec. 1506. Defense-wide activities procurement. 

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

Sec. 1508. Operation and maintenance. 

Sec. 1509. Working capital funds. 

Sec. 1510. Other Department of Defense programs. 

Sec. 1511. Iraq Freedom Fund. 

Sec. 1512. Iraq Security Forces Fund. 

Sec. 1513. Afghanistan Security Forces Fund. 

Sec. 1514. Military personnel. 

Sec. 1515. Authorized Army construction and land acquisition projects. 

Sec. 1516. Authorized Navy construction and land acquisition projects. 

Sec. 1517. National Nuclear Security Administration. 

Sec. 1518. Treatment as additional authorizations. 

1 SEC. 1501. PURPOSE AND STATEMENT OF CONGRESSIONAL 

2 POLICY. 

3 (a) PURPOSE.—The purpose of this title is to author4 ize appropriations for the Department of Defense for fiscal 

5 year 2008 to provide additional funds for Operation Iraqi 

6 Freedom and Operation Enduring Freedom. 

7 (b) POLICY.—Congress has provided members of the 

8 Armed Forces deployed outside of the United States, and 

9 the families of such members, with ongoing funds for their 

10 protection and operations and will continue to support 

11 their service and valor on behalf of the United States. 

12 SEC. 1502. ARMY PROCUREMENT. 

13 Funds are hereby authorized to be appropriated for 

14 fiscal year 2008 for procurement accounts of the Army 

15 in amounts as follows: 

16 (1) For aircraft procurement, $1,677,706,000. 

17 (2) For ammunition procurement, 

18 $313,000,000. 


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1 (3) For weapons and tracked combat vehicles 

2 procurement, $4,780,172,000. 

3 (4) For missile procurement, $295,626,000. 

4 (5) For other procurement, $11,123,699,000. 

5 SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. 

6 (a) NAVY.—Funds are hereby authorized to be appro7 priated for fiscal year 2008 for procurement accounts for 

8 the Navy in amounts as follows: 

9 (1) For aircraft procurement, $2,917,958,000. 

10 (2) For weapons procurement, $251,281,000. 

11 (3) For other procurement, $727,580,000. 

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

13 be appropriated for fiscal year 2008 for the procurement 

14 account for the Marine Corps in the amount of 

15 $3,863,267,000. 

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

17 are hereby authorized to be appropriated for fiscal year 

18 2008 for the procurement account for ammunition for the 

19 Navy and the Marine Corps in the amount of 

20 $590,090,000. 

21 SEC. 1504. AIR FORCE PROCUREMENT. 

22 Funds are hereby authorized to be appropriated for 

23 fiscal year 2008 for procurement accounts for the Air 

24 Force in amounts as follows: 

25 (1) For aircraft procurement, $5,189,709,000. 


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1 (2) For ammunition procurement, $74,005,000. 

2 (3) For missile procurement, $1,800,000. 

3 (4) For other procurement, $3,926,810,000. 

4 SEC. 1505. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

5 FUND. 

6 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

7 are hereby authorized for fiscal year 2008 for the Joint 

8 Improvised Explosive Device Defeat Fund in the amount 

9 of $4,000,000,000. 

10 (b) USE AND TRANSFER OF FUNDS.—Subsections 

11 (b) and (c) of section 1514 of the John Warner National 

12 Defense Authorization Act for Fiscal Year 2007 (Public 

13 Law 109–364; 120 Stat. 2439) shall apply to the funds 

14 appropriated pursuant to the authorization of appropria15 tions in subsection (a). 

16 (c) REVISION OF MANAGEMENT PLAN.—The Sec17 retary of Defense shall revise the management plan re18 quired by section 1514(d) of the John Warner National 

19 Defense Authorization Act for Fiscal Year 2007 to iden20 tify projected transfers and obligations through September 

21 30, 2008. 

22 (d) DURATION OF AUTHORITY.—Section 1514(f) of 

23 the John Warner National Defense Authorization Act for 

24 Fiscal Year 2007 is amended by striking ‘‘September 30, 

25 2009’’ and inserting ‘‘September 30, 2010’’. 


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1 SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2008 for the procurement account for Defense4 wide in the amount of $594,768,000. 

5 SEC. 1507. RESEARCH, DEVELOPMENT, TEST, AND EVALUA6 TION. 

7 Funds are hereby authorized to be appropriated for 

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

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

10 (1) For the Army, $91,278,000. 

11 (2) For the Navy, $516,303,000. 

12 (3) For the Air Force, $816,041,000. 

13 (4) For Defense-wide activities, $727,498,000. 

14 SEC. 1508. OPERATION AND MAINTENANCE. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2008 for the use of the Armed Forces for ex17 penses, not otherwise provided for, for operation and 

18 maintenance, in amounts as follows: 

19 (1) For the Army, $45,350,964,000. 

20 (2) For the Navy, $5,426,407,000. 

21 (3) For the Marine Corps, $4,013,093,000. 

22 (4) For the Air Force, $10,536,330,000. 

23 (5) For Defense-wide activities, 

24 $6,098,990,000. 

25 (6) For the Army Reserve , $158,410,000. 

26 (7) For the Navy Reserve, $69,598,000. 


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1 (8) For the Marine Corps Reserve, 

2 $68,000,000. 

3 (9) For the Army National Guard, 

4 $466,150,000. 

5 (10) For the Air National Guard, $31,168,000. 

6 (11) For the Strategic Readiness Fund, 

7 $1,000,000,000. 

8 SEC. 1509. WORKING CAPITAL FUNDS. 

9 Funds are hereby authorized to be appropriated for 

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

11 activities and agencies of the Department of Defense for 

12 providing capital for working capital and revolving funds 

13 in amounts as follows: 

14 (1) For the Defense Working Capital Funds, 

15 $1,676,275,000. 

16 (2) For the National Defense Sealift Fund, 

17 $5,100,000. 

18 SEC. 1510. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

19 (a) DEFENSE HEALTH PROGRAM.—Funds are here20 by authorized to be appropriated for the Department of 

21 Defense for fiscal year 2008 for expenses, not otherwise 

22 provided for, for the Defense Health Program in the 

23 amount of $1,022,842,000 for operation and maintenance. 

24 (b) DRUG INTERDICTION AND COUNTER-DRUG AC25 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 


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1 to be appropriated for the Department of Defense for fis2 cal year 2008 for expenses, not otherwise provided for, for 

3 Drug Interdiction and Counter-Drug Activities, Defense4 wide in the amount of $257,618,000. 

5 (c) DEFENSE INSPECTOR GENERAL.—Funds are 

6 hereby authorized to be appropriated for the Department 

7 of Defense for fiscal year 2008 for expenses, not otherwise 

8 provided for, for the Office of the Inspector General of 

9 the Department of Defense in the amount of $4,394,000 

10 for operation and maintenance. 

11 SEC. 1511. IRAQ FREEDOM FUND. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2008 for the Iraq Freedom Fund in the amount 

14 of $107,500,000. 

15 SEC. 1512. IRAQ SECURITY FORCES FUND. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

17 are hereby authorized to be appropriated for fiscal year 

18 2008 for the Iraq Security Forces Fund in the amount 

19 of $2,000,000,000. 

20 (b) USE, TRANSFER, AND OTHER REQUIREMENTS

21 REGARDING FUNDS.—Subsections (b), (c), and (d) of sec22 tion 1516 of the John Warner National Defense Author23 ization Act for Fiscal Year 2007 (Public Law 109–364; 

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1 suant to the authorization of appropriations in subsection 

2 (a). 

3 (c) DURATION OF AUTHORITY.—Section 1516(g) of 

4 the John Warner National Defense Authorization Act for 

5 Fiscal Year 2007 is amended by striking ‘‘September 30, 

6 2008’’ and inserting ‘‘September 30, 2009’’. 

7 SEC. 1513. AFGHANISTAN SECURITY FORCES FUND. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

9 are hereby authorized to be appropriated for fiscal year 

10 2008 for the Afghanistan Security Forces Fund in the 

11 amount of $2,700,000,000. 

12 (b) USE, TRANSFER, AND OTHER REQUIREMENTS

13 REGARDING FUNDS.—Subsections (b), (c), and (d) of sec14 tion 1517 of the John Warner National Defense Author15 ization Act for Fiscal Year 2007 (Public Law 109–364; 

16 120 Stat. 2442) shall apply to the funds appropriated pur17 suant to the authorization of appropriations in subsection 

18 (a). 

19 (c) DURATION OF AUTHORITY.—Section 1517(g) of 

20 the John Warner National Defense Authorization Act for 

21 Fiscal Year 2007 is amended by striking ‘‘September 30, 

22 2008’’ and inserting ‘‘September 30, 2009’’. 


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1 SEC. 1514. MILITARY PERSONNEL. 

2 There is hereby authorized to be appropriated to the 

3 Department of Defense for military personnel accounts for 

4 fiscal year 2008 a total of $17,471,763,000. 

5 SEC. 1515. AUTHORIZED ARMY CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

7 (a) AUTHORIZED PROJECTS.—Using amounts appro8 priated pursuant to the authorization of appropriations in 

9 subsection (b) the Secretary of the Army may acquire real 

10 property and carry out military construction projects for 

11 the installations or locations outside the United States, 

12 and in the amounts, set forth in the following table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ...................... Bagram Air Base .................................. $103,000,000 

Iraq ................................... Camp Adder .......................................... $31,850,000 

Al Asad .................................................. $46,100,000 

Camp Anaconda .................................... $49,200,000 

Fallujah ................................................. $880,000 

Camp Marez .......................................... $880,000 

Mosul ..................................................... $43,000,000 

Camp Ramadi ....................................... $880,000 

Scania .................................................... $5,000,000 

Camp Speicher ...................................... $54,900,000 

Camp Taqqadum ................................... $880,000 

Tikrit..................................................... $43,000,000 

Camp Victory ........................................ $24,600,000 

Camp Warrior ....................................... $880,000 

Various Locations ................................. $102,000,000 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds 

14 are hereby authorized to be appropriated for fiscal years 

15 beginning after September 30, 2007, for military con16 struction, land acquisition, and military family housing 

17 functions of the Department of the Army in the total 

18 amount of $526,450,000 as follows: 


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1 (1) For military construction projects outside 

2 the United States authorized by subsection (a), 

3 $507,050,000. 

4 (2) For architectural and engineering services 

5 and construction design under section 2807 of title 

6 10, United States Code, $19,400,000. 

7 SEC. 1516. AUTHORIZED NAVY CONSTRUCTION AND LAND 

8 ACQUISITION PROJECTS. 

9 (a) AUTHORIZED PROJECTS.—Using amounts appro10 priated pursuant to the authorization of appropriations in 

11 subsection (b), the Secretary of the Navy may acquire real 

12 property and carry out military construction projects for 

13 the installations or locations inside the United States, and 

14 in the amounts, set forth in the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

California ........ Camp Pendleton ................................................. $102,034,000 

Twenty-Nine Palms ............................................ $4,440,000 

North Carolina Camp Lejeune .................................................... $43,310,000 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Subject 

16 to section 2825 of title 10, United States Code, funds are 

17 hereby authorized to be appropriated for fiscal years be18 ginning after September 30, 2007, for military construc19 tion, land acquisition, and military family housing func20 tions of the Department of the Navy in the total amount 

21 of $169,071,000, as follows: 


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1 (1) For military construction projects inside the 

2 United States authorized by subsection (a), 

3 $149,814,000. 

4 (2) For architectural and engineering services 

5 and construction design under section 2807 of title 

6 10, United States Code, $7,491,000. 

7 (3) For construction and acquisition, planning 

8 and design, and improvement of military family 

9 housing and facilities, $11,766,000. 

10 SEC. 1517. NATIONAL NUCLEAR SECURITY ADMINISTRA11 TION. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal year 2008 to the Department of Energy for the Na14 tional Nuclear Security Administration for defense nuclear 

15 nonproliferation in the amount of $50,000,000. 

16 SEC. 1518. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

17 The amounts authorized to be appropriated by this 

18 title are in addition to amounts otherwise authorized to 

19 be appropriated by this Act. 

20 TITLE DD—NATIONAL GUARD 

21 ENHANCEMENT 

Sec. 1601. Short title. 

Subtitle A—National Guard Bureau 

Sec. 1611. Enhancement of duties and position of Chief of the National Guard 

Bureau. 

Sec. 1612. Establishment of National Guard Bureau as joint activity of Department of Defense. 

Sec. 1613. Enhancement of functions of National Guard Bureau. 


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Sec. 1614. Requirement for Secretary of Defense to prepare annual plan for response to natural disasters and terrorist events. 

Sec. 1615. Determination of Department of Defense civil support requirements. 

Sec. 1616. Conforming and clerical amendments. 

Subtitle B—Additional Reserve Component Enhancement 

Sec. 1621. United States Northern Command. 

Sec. 1622. Council of Governors. 

Sec. 1623. Reserve Components Policy Board. 

Sec. 1624. Requirements for certain high-level positions to be held by reserve 

component general or flag officers. 

Sec. 1625. Retirement age and years of service limitations on certain reserve 

general and flag officers. 

Sec. 1626. Additional reporting requirements relating to National Guard equipment. 

1 SEC. 1601. SHORT TITLE. 

2 This title may be cited as the ‘‘National Guard Em3 powerment Act’’. 

4 Subtitle A—National Guard Bureau 

5 SEC. 1611. ENHANCEMENT OF DUTIES AND POSITION OF 

6 CHIEF OF THE NATIONAL GUARD BUREAU. 

7 (a) PRINCIPAL ADVISER TO SECRETARY OF DE8 FENSE THROUGH CHAIRMAN OF JOINT CHIEFS OF STAFF

9 ON NATIONAL GUARD MATTERS.—Subsection (c) of sec10 tion 10502 of title 10, United States Code, is amended 

11 by inserting after ‘‘principal adviser’’ the following: ‘‘to 

12 the Secretary of Defense (through the Chairman of the 

13 Joint Chiefs of Staff),’’. 

14 (b) ADVISER TO COMMANDER OF THE UNITED

15 STATES NORTHERN COMMAND AND SECRETARY OF

16 HOMELAND SECURITY.—Subsection (c) of such section is 

17 further amended— 

18 (1) by inserting ‘‘(1)’’ before ‘‘The Chief’’; and 


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

2 paragraph: 

3 ‘‘(2) The Chief of the National Guard Bureau also 

4 is an adviser on such matters to the commander of the 

5 combatant command the geographic area of responsibility 

6 of which includes the United States and to the Secretary 

7 of Homeland Security.’’. 

8 (c) APPOINTMENT TO OFFICE IN GRADE OF GEN9 ERAL.—Subsection (d) of such section is amended by 

10 striking ‘‘lieutenant general’’ and inserting ‘‘general’’. 

11 (d) APPOINTMENT PROCESS.—Subsection (a) of such 

12 section is amended— 

13 (1) by redesignating paragraphs (1), (2), and 

14 (3) as subparagraphs (A), (B), and (C), respectively; 

15 (2) by inserting ‘‘(1)’’ before ‘‘There is’’; and 

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

17 paragraphs: 

18 ‘‘(2) The Secretary of Defense shall establish a proc19 ess to identify, from among the officers of the Army Na20 tional Guard of the United States and Air National Guard 

21 of the United States recommended under paragraph 

22 (1)(A), the best qualified officer or officers whom the Sec23 retary of Defense will recommend for consideration by the 

24 President for appointment as Chief of the National Guard 

25 Bureau. 


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1 ‘‘(3) In establishing the process under paragraph (2), 

2 the Secretary of Defense shall— 

3 ‘‘(A) consider such procedural recommendations 

4 as the current Chief of the National Guard Bureau 

5 may provide; 

6 ‘‘(B) employ a selection advisory board, which 

7 shall be appointed, charted, and instructed by agree8 ment between the Secretary of the Army and the 

9 Secretary of the Air Force; and 

10 ‘‘(C) incorporate the requirements of section 

11 601(d) of this title relating to a performance evalua12 tion and necessary qualifications for the position.’’. 

13 (e) REPEAL OF PROHIBITION ON CHIEF HOLDING

14 OFFICE AFTER AGE 64.—Subsection (b) of such section 

15 is amended by striking ‘‘An officer may not hold that of16 fice after becoming 64 years of age.’’. 

17 (f) APPOINTMENT OF NEXT CHIEF OF THE NA18 TIONAL GUARD BUREAU.—Not later than 120 days after 

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

20 Defense shall submit to the President recommendations 

21 regarding the best qualified officer or officers for consider22 ation by the President for appointment as the next Chief 

23 of the National Guard Bureau under section 10502 of title 

24 10, United States Code, as amended by this section. The 

25 amendments made by subsections (c), (d), and (e) shall 


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1 apply with respect to such appointment. The officer serv2 ing in the office of Chief of the National Guard Bureau 

3 as of the date of the enactment of this Act may be rec4 ommended for appointment and appointed to that office 

5 to serve in the grade of general. 

6 SEC. 1612. ESTABLISHMENT OF NATIONAL GUARD BUREAU 

7 AS JOINT ACTIVITY OF DEPARTMENT OF DE8 FENSE. 

9 (a) JOINT ACTIVITY OF THE DEPARTMENT OF DE10 FENSE.—Subsection (a) of section 10501 of title 10, 

11 United States Code, is amended by striking ‘‘joint bureau 

12 of the Department of the Army and the Department of 

13 the Air Force’’ and inserting ‘‘joint activity of the Depart14 ment of Defense’’. 

15 (b) JOINT MANPOWER REQUIREMENTS.— 

16 (1) IN GENERAL.—Chapter 1011 of such title is 

17 amended by adding at the end the following new sec18 tion: 

19 ‘‘§ 10508. National Guard Bureau: general provisions 

20 ‘‘The manpower requirements of the National Guard 

21 Bureau as a joint activity of the Department of Defense 

22 shall be determined in accordance with regulations pre23 scribed by the Secretary of Defense, in consultation with 

24 the Chairman of the Joint Chiefs of Staff.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended 

3 by adding at the end the following new item: 

‘‘10508. National Guard Bureau: general provisions.’’. 

4 SEC. 1613. ENHANCEMENT OF FUNCTIONS OF NATIONAL 

5 GUARD BUREAU. 

6 (a) ADDITIONAL GENERAL FUNCTIONS.—Section 

7 10503 of title 10, United States Code, is amended— 

8 (1) by redesignating paragraph (12), as para9 graph (13); and 

10 (2) by inserting after paragraph (11) the fol11 lowing new paragraph (12): 

12 ‘‘(12)(A) Facilitating and coordinating with the 

13 entities listed in subparagraph (B) the use of Na14 tional Guard personnel and resources for operations 

15 conducted under title 32, or in support of State mis16 sions. 

17 ‘‘(B) The entities listed in this subparagraph 

18 for purposes of subparagraph (A) are the following: 

19 ‘‘(i) Other Federal agencies. 

20 ‘‘(ii) The Adjutants General of the States. 

21 ‘‘(iii) The United States Joint Forces 

22 Command. 

23 ‘‘(iv) The combatant command the geo24 graphic area of responsibility of which includes 

25 the United States,’’. 


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1 (b) CHARTER DEVELOPED AND PRESCRIBED BY

2 SECRETARY OF DEFENSE.—Section 10503 of such title 

3 is amended— 

4 (1) in the matter preceding paragraph (1)— 

5 (A) by striking ‘‘The Secretary of the 

6 Army and the Secretary of the Air Force shall 

7 jointly develop’’ and inserting ‘‘The Secretary of 

8 Defense, in consultation with the Chairman of 

9 the Joint Chiefs of Staff, the Secretary of the 

10 Army, and the Secretary of the Air Force, shall 

11 develop’’; and 

12 (B) by striking ‘‘cover’’ in the second sen13 tence and inserting ‘‘reflect the full scope of the 

14 duties and activities of the Bureau, including’’; 

15 and 

16 (2) in paragraph (12), by striking ‘‘the Secre17 taries’’ and inserting ‘‘the Secretary of Defense’’. 

18 SEC. 1614. REQUIREMENT FOR SECRETARY OF DEFENSE TO 

19 PREPARE ANNUAL PLAN FOR RESPONSE TO 

20 NATURAL DISASTERS AND TERRORIST 

21 EVENTS. 

22 (a) REQUIREMENT FOR ANNUAL PLAN.—Not later 

23 than March 1, 2008, and each March 1 thereafter, the 

24 Secretary of Defense, in consultation with the commander 

25 of the United States Northern Command and the Chief 


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1 of the National Guard Bureau, shall prepare and submit 

2 to Congress a plan for coordinating the use of the Na3 tional Guard and members of the Armed Forces on active 

4 duty when responding to natural disasters, acts of ter5 rorism, and other man-made disasters as identified in the 

6 national planning scenarios described in subsection (e). 

7 (b) INFORMATION TO BE PROVIDED TO SEC8 RETARY.—To assist the Secretary of Defense in preparing 

9 the plan, the National Guard Bureau, pursuant to its pur10 pose as channel of communications as set forth in section 

11 10501(b) of title 10, United States Code, shall provide to 

12 the Secretary information gathered from Governors, adju13 tants general of States, and other State civil authorities 

14 responsible for homeland preparation and response to nat15 ural and man-made disasters. 

16 (c) TWO VERSIONS.—The plan shall set forth two 

17 versions of response, one using only members of the Na18 tional Guard, and one using both members of the National 

19 Guard and members of the regular components of the 

20 Armed Forces. 

21 (d) MATTERS COVERED.—The plan shall cover, at a 

22 minimum, the following: 

23 (1) Protocols for the Department of Defense, 

24 the National Guard Bureau, and the Governors of 

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1 nation with each other and to ensure that Governors 

2 and local communities are properly informed and re3 main in control in their respective States and com4 munities. 

5 (2) An identification of operational procedures, 

6 command structures, and lines of communication to 

7 ensure a coordinated, efficient response to contin8 gencies. 

9 (3) An identification of the training and equip10 ment needed for both National Guard personnel and 

11 members of the Armed Forces on active duty to pro12 vide military assistance to civil authorities and for 

13 other domestic operations to respond to hazards 

14 identified in the national planning scenarios. 

15 (e) NATIONAL PLANNING SCENARIOS.—The plan 

16 shall provide for response to the following hazards: Nu17 clear detonation, biological attack, biological disease out18 break/pandemic flu, the plague, chemical attack-blister 

19 agent, chemical attack-toxic industrial chemicals, chemical 

20 attack-nerve agent, chemical attack-chlorine tank explo21 sion, major hurricane, major earthquake, radiological at22 tack-radiological dispersal device, explosives attack-bomb23 ing using improvised explosive device, biological attack24 food contamination, biological attack-foreign animal dis25 ease and cyber attack. 


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1 SEC. 1615. DETERMINATION OF DEPARTMENT OF DEFENSE 

2 CIVIL SUPPORT REQUIREMENTS. 

3 (a) DETERMINATION OF REQUIREMENTS.—The Sec4 retary of Defense shall determine the military-unique ca5 pabilities needed to be provided by the Department of De6 fense to support civil authorities in an incident of national 

7 significance or a catastrophic incident. 

8 (b) PLAN FOR FUNDING CAPABILITIES.— 

9 (1) PLAN.—The Secretary of Defense shall de10 velop and implement a plan, in coordination with the 

11 Secretaries of the military departments and the 

12 Chairman of the Joint Chiefs of Staff, for providing 

13 the funds and resources necessary to develop and 

14 maintain the following: 

15 (A) The military-unique capabilities deter16 mined under subsection (a). 

17 (B) Any additional capabilities determined 

18 by the Secretary to be necessary to support the 

19 use of the active components and the reserve 

20 components of the armed forces for homeland 

21 defense missions, domestic emergency re22 sponses, and providing military support to civil 

23 authorities. 

24 (2) TERM OF PLAN.—The plan required under 

25 paragraph (1) shall cover at least five years. 


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1 (c) BUDGET.—The Secretary of Defense shall include 

2 in the materials accompanying the budget submitted for 

3 each fiscal year a request for funds necessary to carry out 

4 the plan required under subsection (b) during the fiscal 

5 year covered by the budget. The defense budget materials 

6 shall delineate and explain the budget treatment of the 

7 plan for each component of each military department, each 

8 combatant command, and each affected Defense Agency. 

9 (d) IMPLEMENTATION.—In carrying out this section, 

10 the Secretary of Defense, acting through the chairman of 

11 the Joint Chiefs of Staff, shall ensure the appropriate as12 signment of responsibilities, coordination of the efforts, 

13 and prioritization of renouncing by the appropriate com14 batant commands, the military departments, and the Na15 tional Guard Bureau. 

16 (e) DEFINITIONS.—In this section: 

17 (1) The term ‘‘military-unique capabilities’’ 

18 means those capabilities that, in the view of the Sec19 retary of Defense— 

20 (A) cannot be provided by other Federal, 

21 State or local civilian agencies; and 

22 (B) are essential to provide support to civil 

23 authorities in an incident of national signifi24 cance or a catastrophic incident. 


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1 (2) 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 (f) STRATEGIC PLANNING GUIDANCE.—Section 

6 113(g)(2) of title 10, United States Code, is amended by 

7 striking ‘‘contingency plans’’ at the end of the first sen8 tence and inserting the following: ‘‘contingency plans, in9 cluding plans for providing support to civil authorities in 

10 an incident of national significance or a catastrophic inci11 dent, for homeland defense, and for military support to 

12 civil authorities’’. 

13 SEC. 1616. CONFORMING AND CLERICAL AMENDMENTS. 

14 (a) CONFORMING AMENDMENT.—The heading of sec15 tion 10503 of such title is amended to read as follows: 

16 ‘‘§ 10503. Functions of National Guard Bureau: char17 ter’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of chapter 1011 of such title is amended 

20 by striking the item relating to section 10503 and insert21 ing the following new item: 

‘‘10503. Functions of National Guard Bureau: charter.’’. 

22 Subtitle B—Additional Reserve 

23 Component Enhancement 

24 SEC. 1621. UNITED STATES NORTHERN COMMAND. 

25 (a) MANPOWER REVIEW.— 


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1 (1) REVIEW BY CHAIRMAN OF THE JOINT

2 CHIEFS OF STAFF.—Not later than one year after 

3 the date of the enactment of this Act, the Chairman 

4 of the Joint Chiefs of Staff shall submit to the Sec5 retary of Defense a review of the civilian and mili6 tary positions, job descriptions, and assignments 

7 within the United States Northern Command with 

8 the goal of significantly increasing the number of 

9 members of a reserve component assigned to, and ci10 vilians employed by, the United States Northern 

11 Command who have experience in the planning, 

12 training, and employment of forces for homeland de13 fense missions, domestic emergency response, and 

14 providing military support to civil authorities. 

15 (2) SUBMISSION OF RESULTS OF REVIEW.—Not 

16 later than 90 days after the date on which the Sec17 retary of Defense receives the results of the review 

18 under paragraph (1), the Secretary shall submit to 

19 Congress a copy of the results of the review, to20 gether with such recommendations as the Secretary 

21 considers appropriate to achieve the objectives of the 

22 review. 

23 (b) COMMAND AND CONTROL OF MIXED-STATUS

24 FORCES IN CERTAIN MISSIONS.— 


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1 (1) PROCEDURES REQUIRED.—The Secretary of 

2 Defense shall establish procedures under which an 

3 officer who is on active duty or an officer who is on 

4 full-time National Guard duty may command mixed5 status forces in connection with the training and use 

6 of mixed-status forces for homeland defense mis7 sions, domestic emergency responses, and providing 

8 military support to civil authorities. 

9 (2) ELEMENTS OF PROCEDURES.—The proce10 dures shall include measures to enable— 

11 (A) the Commander of United States 

12 Northern Command and subordinate com13 manders within the United States Northern 

14 Command to exercise command of such mixed15 status forces; and 

16 (B) the Adjutant General or other officers 

17 of the National Guard of a State to exercise 

18 command of such mixed-status forces. 

19 (3) COORDINATION.—The Secretary of Defense 

20 shall establish the procedures in coordination with 

21 the Chairman of the Joint Chiefs of Staff, the Chief 

22 of the National Guard Bureau, and the Governors of 

23 the States. 

24 (c) DEFINITIONS.—In this section: 


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1 (1) The term ‘‘United States Northern Com2 mand’’ means the combatant command the geo3 graphic area of responsibility of which includes the 

4 United States. 

5 (2) the term ‘‘mixed-status forces’’ means units 

6 and members of the National Guard that are on full7 time National Guard duty participating in an en8 campment, maneuver, training exercise, or operation 

9 with members of the armed forces on active duty. 

10 (3) The term ‘‘State’’ means the several States, 

11 the Commonwealth of Puerto Rico, the District of 

12 Columbia, Guam, and the Virgin Islands. 

13 (4) The term ‘‘Governor’’, with respect to the 

14 District of Columbia, means the commanding gen15 eral of the District of Columbia National Guard. 

16 (5) The terms ‘‘active duty’’ and ‘‘full-time Na17 tional Guard duty’’ have the meanings provided 

18 those terms by section 101 of title 10, United States 

19 Code. 

20 SEC. 1622. COUNCIL OF GOVERNORS. 

21 The President shall establish a bipartisan Council of 

22 Governors to advise the Secretary of Defense, the Sec23 retary of Homeland Security, and the White House Home24 land Security Council on matters related to the National 

25 Guard and civil support missions. 


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1 SEC. 1623. RESERVE COMPONENTS POLICY BOARD. 

2 (a) RESERVE COMPONENTS POLICY BOARD.—Sec3 tion 10301 of title 10, United States Code, is amended 

4 to read as follows: 

5 ‘‘§ 10301. Reserve Components Policy Board 

6 ‘‘(a) There is in the Office of the Secretary of De7 fense a Reserve Components Policy Board. The Board 

8 shall provide the Secretary of Defense, through the Dep9 uty Secretary of Defense, independent advice and rec10 ommendations on strategies, policies, and practices de11 signed to improve and enhance the capabilities, efficiency, 

12 and effectiveness of the reserve components of the United 

13 States. 

14 ‘‘(b) The Board shall consist of 15 members ap15 pointed from civilian life by the Secretary of Defense. The 

16 Secretary shall designate the chairman and a vice chair17 man of the Board. Members of the Board shall be ap18 pointed without regard to political affiliation, shall be ap19 pointed for two-year, renewable terms, and shall have a 

20 proven record of high-level achievement in a national secu21 rity-related field that includes matters pertaining to the 

22 reserve components of the United States. 

23 ‘‘(c) Members of the Board shall be selected on the 

24 basis of knowledge, expertise, or achievement in the fol25 lowing areas: 


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1 ‘‘(1) The reserve components of the United 

2 States. 

3 ‘‘(2) The national security and national military 

4 strategies of the United States. 

5 ‘‘(3) The roles and missions of the active and 

6 reserve components of the United States Armed 

7 Forces. 

8 ‘‘(4) The organization, force structure, and 

9 force mix of the United States Armed Forces. 

10 ‘‘(5) Acquisition; research and development; 

11 military operations; or personnel and compensation 

12 programs, policies, and activities of the Department 

13 of Defense. 

14 ‘‘(6) Homeland defense and support to civil au15 thorities. 

16 ‘‘(d) The Chairman shall be selected on the basis of 

17 extensive knowledge, expertise, or achievement with re18 spect to the reserve components of the United States, in19 cluding the National Guard. 

20 ‘‘(e) The Under Secretary of Defense for Personnel 

21 and Readiness shall provide an executive director and the 

22 necessary support staff to manage the activities of the 

23 Board in consultation with the Chairman. 

24 ‘‘(f) The Board shall act on those matters referred 

25 to it by the Secretary of Defense or the Chairman and, 


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1 in addition, on any matter raised by a member of the 

2 Board. As a part of its duties, the Board shall periodically 

3 meet with members of the reserve components of the 

4 United States.’’. 

5 (b) CLERICAL AMENDMENT.—The item relating to 

6 section 10301 in the table of sections at the beginning of 

7 chapter 1009 of such title is amended to read as follows: 

‘‘10301. Reserve Components Policy Board.’’. 

8 (c) CONFORMING AMENDMENTS.— 

9 (1) Title 10, United States Code, is amended in 

10 the following provisions by striking ‘‘Reserve Forces 

11 Policy Board’’ and inserting ‘‘Reserve Components 

12 Policy Board’’: 

13 (A) Section 101(d)(6)(B)(i). 

14 (B) Section 113(c)(2) (both places). 

15 (C) Section 175. 

16 (2) The heading of section 175 of such title is 

17 amended to read as follows: 

18 ‘‘§ 175. Reserve Components Policy Board’’. 

19 (3) The item relating to section 175 in the table 

20 of sections for chapter 7 of such title is amended to 

21 read as follows: 

‘‘175. Reserve Components Policy Board.’’. 


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1 SEC. 1624. REQUIREMENTS FOR CERTAIN HIGH-LEVEL PO2 SITIONS TO BE HELD BY RESERVE COMPO3 NENT GENERAL OR FLAG OFFICERS. 

4 (a) UNIFIED AND SPECIFIED COMBATANT COMMAND

5 POSITIONS.—Subparagraph (A) of section 526(b)(2) of 

6 title 10, United States Code, is amended by striking ‘‘10 

7 general and flag officer positions on the staffs of the com8 manders of’’ and inserting ‘‘15 general and flag officer 

9 positions in’’. 

10 (b) DESIGNATION OF LIEUTENANT GENERAL OR

11 VICE ADMIRAL POSITIONS TO BE HELD ONLY BY RE12 SERVE COMPONENT OFFICERS.—Such subparagraph is 

13 further amended— 

14 (1) by inserting ‘‘(i)’’ after ‘‘(A)’’; 

15 (2) by striking the last sentence; and 

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

17 clauses: 

18 ‘‘(ii) The Chairman of the Joint Chiefs of Staff shall 

19 designate up to three general and flag officer positions in 

20 the grade of lieutenant general or vice admiral to be held 

21 only by reserve component officers. One of the positions 

22 designated under this clause shall be the deputy com23 mander of the combatant command the geographic area 

24 of responsibility of which includes the United States, un25 less a reserve component officer is serving as commander 

26 of that combatant command. Each position designated 


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1 under this clause shall be in addition to those positions 

2 that are required by law to be filled by an officer serving 

3 in the grade of lieutenant general or vice admiral. 

4 ‘‘(iii) The positions designated under clauses (i) and 

5 (ii) shall be considered a joint duty assignment position 

6 for the purposes of chapter 38 of this title.’’. 

7 SEC. 1625. RETIREMENT AGE AND YEARS OF SERVICE LIMI8 TATIONS ON CERTAIN RESERVE GENERAL 

9 AND FLAG OFFICERS. 

10 (a) RETIREMENT FOR AGE.— 

11 (1) INCLUSION OF RESERVE GENERALS AND

12 ADMIRALS.—Section 14511 of title 10, United 

13 States Code, is amended to read as follows: 

14 ‘‘§ 14511. Separation at age 64: major generals and 

15 generals and rear admirals and admirals 

16 ‘‘(a) MAJOR GENERALS AND REAR ADMIRALS.—Un17 less retired, transferred to the Retired Reserve, or dis18 charged at an earlier date, each reserve officer of the 

19 Army, Air Force, or Marine Corps in the grade of major 

20 general and each reserve officer of the Navy in the grade 

21 of rear admiral, except an officer covered by section 14512 

22 of this title, shall be separated in accordance with section 

23 14515 of this title on the last day of the month in which 

24 the officer becomes 64 years of age. 


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1 ‘‘(b) GENERALS AND ADMIRALS.—(1) Unless retired, 

2 transferred to the Retired Reserve, or discharged at an 

3 earlier date, each reserve officer of the Army, Air Force, 

4 or Marine Corps in the grade of general and each reserve 

5 officer of the Navy in the grade of admiral shall be sepa6 rated in accordance with section 14515 of this title on the 

7 last day of the month in which the officer becomes 64 

8 years of age. 

9 ‘‘(2) The retirement of an officer under paragraph 

10 (1) may be deferred— 

11 ‘‘(A) by the President, but such a deferment 

12 may not extend beyond the first day of the month 

13 following the month in which the officer becomes 68 

14 years of age; or 

15 ‘‘(B) by the Secretary of Defense, but such a 

16 deferment may not extend beyond the first day of 

17 the month following the month in which the officer 

18 becomes 66 years of age.’’. 

19 (2) CLERICAL AMENDMENT.—The table of sec20 tions at the beginning of chapter 1407 of such title 

21 is amended by striking the item relating to section 

22 14511 and inserting the following new item: 

‘‘14511. Separation at age 64: major generals and generals and rear admirals 

and admirals.’’. 


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1 (b) CONFORMING AMENDMENTS AND RESERVE OF2 FICERS HOLDING CERTAIN OTHER OFFICES.—Section 

3 14512 of such title is amended— 

4 (1) in subsection (a)(2)— 

5 (A) by striking subparagraph (A); and 

6 (B) by redesignating subparagraphs (B), 

7 (C), and (D) as subparagraphs (A), (B), and 

8 (C), respectively; 

9 (2) in subsection (b)— 

10 (A) by inserting ‘‘(1)’’ before ‘‘The Sec11 retary’’; and 

12 (B) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) The President may defer the retirement of a re15 serve officer serving in the position of Chief of the Navy 

16 Reserve or Commander of the Marine Forces Reserve, but 

17 such deferment may not extend beyond the first day of 

18 the month following the month in which the officer be19 comes 66 years of age. A deferment under this paragraph 

20 shall not count toward the limitation on the total number 

21 of officers whose retirement may be deferred at any one 

22 time under paragraph (1).’’; and 

23 (3) by adding at the end the following new sub24 section: 


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1 ‘‘(c) DESIGNATED LIEUTENANT GENERAL OR VICE

2 ADMIRAL POSITIONS HELD BY RESERVE COMPONENT

3 OFFICERS.—Unless retired, transferred to the Retired Re4 serve, or discharged at an earlier date, a reserve officer 

5 serving in one of the general and flag officer positions des6 ignated under section 526(b)(2)(A)(ii) of this title to be 

7 held by a reserve officer in the grade of lieutenant general 

8 or vice admiral shall, on the last day of the month in which 

9 the officer becomes 66 years of age, be separated in ac10 cordance with section 14515 of this title.’’. 

11 (c) IMPOSITION OF YEARS OF SERVICE LIMITA12 TION.— 

13 (1) IMPOSITION OF LIMITATION.—Section 

14 14508 of such title is amended by inserting after 

15 subsection (c), as added by section 511, the fol16 lowing new subsection: 

17 ‘‘(d) FORTY YEARS OF SERVICE FOR GENERALS AND

18 ADMIRALS.—Unless retired, transferred to the Retired 

19 Reserve, or discharged at an earlier date, each reserve offi20 cer of the Army, Air Force, or Marine Corps in the grade 

21 of general and each reserve officer of the Navy in the 

22 grade of admiral shall, 30 days after completion of 40 

23 years of commissioned service, be separated in accordance 

24 with section 14514 of this title.’’. 


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1 (2) CONFORMING AMENDMENTS.—Subsection 

2 (b) of section 10502 of such title, as amended by 

3 section 1611(e), is further amended— 

4 (A) by inserting ‘‘(1)’’ before the first sen5 tence; and 

6 (B) by striking ‘‘While holding that office’’ 

7 and inserting the following: 

8 ‘‘(2) Except as provided in section 14508(d) of this 

9 title, while holding the office of Chief of the National 

10 Guard Bureau’’. 

11 (d) TREATMENT OF CURRENT CHIEF OF THE NA12 TIONAL GUARD BUREAU.—Section 14512(a) of title 10, 

13 United States Code, as in effect on the day before the date 

14 of the enactment of this Act, shall continue to apply with 

15 respect to the officer serving in the office of Chief of the 

16 National Guard Bureau as of that date. However, if the 

17 officer serving in the office of Chief of the National Guard 

18 Bureau as of that date is subsequently appointed to that 

19 office to serve in the grade of general, subsection (b) of 

20 section 14511 of such title, as added by this section, 

21 shall apply. 


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1 SEC. 1626. ADDITIONAL REPORTING REQUIREMENTS RE2 LATING TO NATIONAL GUARD EQUIPMENT. 

3 Section 10541 of title 10, United States Code, is 

4 amended by adding at the end the following new sub5 section: 

6 ‘‘(d) Each report under this section concerning equip7 ment of the National Guard shall also include the fol8 lowing: 

9 ‘‘(1) A statement of the accuracy of the projec10 tions required by subsection (b)(5)(D) contained in 

11 earlier reports under this section, and an expla12 nation, if the projection was not met, of why the 

13 projection was not met. 

14 ‘‘(2) A certification from the Chief of the Na15 tional Guard Bureau setting forth an inventory for 

16 the preceding fiscal year of each item of equip17 ment— 

18 ‘‘(A) for which funds were appropriated; 

19 ‘‘(B) which was due to be procured for the 

20 National Guard during that fiscal year; and 

21 ‘‘(C) which has not been received by a Na22 tional Guard unit as of the close of that fiscal 

23 year.’’. 

24 TITLE EE—DEFENSE READINESS 

25 PRODUCTION BOARD 

Sec. 1701. Purpose. 


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Sec. 1702. Establishment of Defense Readiness Production Board. 

Sec. 1703. Defense Production Industry Advisory Council. 

Sec. 1704. Role of Chairman of Board in certain reporting processes. 

Sec. 1705. Authority to use multiyear contracts. 

Sec. 1706. Transfer authority. 

Sec. 1707. Special authority for use of working capital funds for critical readiness requirements. 

Sec. 1708. Strategic Readiness Fund. 

1 SEC. 1701. PURPOSE. 

2 The purpose of this title is to establish a Defense 

3 Readiness Production Board to identify and designate 

4 critical readiness requirements, to improve the utilization 

5 of the defense industrial base, and to provide authorities 

6 to the Secretary of Defense and the Secretaries of the mili7 tary departments to address critical readiness require8 ments. 

9 SEC. 1702. ESTABLISHMENT OF DEFENSE READINESS PRO10 DUCTION BOARD. 

11 (a) ESTABLISHMENT.—The Secretary of Defense 

12 shall establish a Defense Readiness Production Board (in 

13 this subtitle referred to as the ‘‘Board’’) within the Office 

14 of the Secretary of Defense. 

15 (b) MEMBERSHIP.— 

16 (1) IN GENERAL.—The Board shall be com17 posed of 16 members appointed by the Secretary of 

18 Defense in accordance with this subsection. 

19 (2) CHAIRMAN.—The Secretary shall appoint a 

20 Chairman from within the Office of the Secretary of 

21 Defense. 


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1 (3) MILITARY PERSONNEL.—The Secretary 

2 shall appoint members from among officers of the 

3 Armed Forces serving on the joint staff and each of 

4 the Armed Forces. In making appointments under 

5 this paragraph, the Secretary shall ensure that there 

6 is full representation of the reserve components of 

7 each of the Armed Forces, including at least two 

8 representatives of the National Guard and two indi9 viduals with responsibilities relating to a depot activ10 ity. 

11 (4) CIVILIAN PERSONNEL.—The Secretary shall 

12 appoint members from among civilian employees of 

13 the Department of Defense serving in each of the 

14 military departments and in such other entities with15 in the Department as the Secretary determines ap16 propriate. 

17 (5) OTHER AGENCIES.—The Secretary may re18 quest such representatives from other Federal agen19 cies to serve as members as the Secretary of Defense 

20 considers necessary, appropriate, and relevant to the 

21 work of the Board. 

22 (6) TERMS; VACANCIES.—The Secretary shall 

23 determine the term of office of members of the 

24 Board and the manner of filling vacancies on the 

25 Board. 


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1 (c) FUNCTIONS.— 

2 (1) DESIGNATION OF CRITICAL READINESS RE3 QUIREMENTS.— 

4 (A) The Board shall— 

5 (i) monitor and assess the readiness 

6 of the Armed Forces; 

7 (ii) assist the Secretary of Defense 

8 and Congress in the identification of defi9 ciencies in the readiness of the Armed 

10 Forces caused by shortfalls in weapons 

11 systems, equipment, and supplies; and 

12 (iii) identify and formally designate 

13 critical readiness requirements. 

14 (B) In this title, the term ‘‘critical readi15 ness requirements’’ means shortfalls in equip16 ment or supplies that materially reduce readi17 ness of the Armed Forces and that— 

18 (i) cannot be adequately addressed by 

19 identifying acceptable substitute capabili20 ties or cross leveling of equipment that 

21 does not unacceptably reduce the readiness 

22 of other Armed Forces; and 

23 (ii) that are likely to persist for more 

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1 jected budgets and schedules for deliveries 

2 of equipment and supplies. 

3 (C) During the period beginning on the 

4 date of the enactment of this Act and ending on 

5 the date of the first meeting of the Board, the 

6 Secretary of Defense may identify and formally 

7 designate critical readiness requirements under 

8 subparagraph (A)(iii) in lieu of the Board. 

9 (2) MONITORING AND ASSESSMENT OF INDUS10 TRIAL CAPACITY.—The Board shall also monitor and 

11 assess the industrial capacity of all elements of the 

12 Department of Defense, the defense industrial base, 

13 and non-traditional suppliers to the Department of 

14 Defense— 

15 (A) to determine where industrial capacity 

16 is being insufficiently used to meet the needs of 

17 the Department of Defense, particularly in ad18 dressing critical readiness requirements; and 

19 (B) to recommend ways to increase the use 

20 of the industrial base, including through en21 couraging the use of public-private partnerships 

22 for existing systems currently maintained out23 side the depot system as a means of promoting 

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1 pliers, and expanding the business base of tra2 ditional suppliers. 

3 (3) REPORTS AND NOTIFICATIONS.— 

4 (A) The Board shall submit to the Sec5 retary of Defense and to the congressional de6 fense committees reports to communicate its 

7 findings and the progress made by the Depart8 ment of Defense in addressing critical readiness 

9 requirements, at such times as it considers nec10 essary, but not less often than every six 

11 months. 

12 (B) The Board shall notify the Secretary 

13 of Defense and the congressional defense com14 mittees within 10 days after it designates a 

15 critical readiness requirement under paragraph 

16 (1). If the Secretary of Defense designates a 

17 critical readiness requirement under paragraph 

18 (1)(C) in lieu of the Board, the Secretary shall 

19 notify the congressional defense committees 

20 within 10 days after such designation. 

21 (d) STAFF.—The Secretary of Defense shall assign 

22 staff, and request the Secretaries of the military depart23 ments to assign staff, as necessary to assist the Board 

24 in carrying out its duties. 


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1 (e) TERMINATION.—The Board shall terminate 5 

2 years after the date of its establishment under subsection 

3 (a). 

4 SEC. 1703. DEFENSE PRODUCTION INDUSTRY ADVISORY 

5 COUNCIL. 

6 (a) ESTABLISHMENT.—The Secretary of Defense 

7 shall establish a Defense Production Industry Advisory 

8 Council (in this section referred to as the ‘‘Council’’) to 

9 advise and assist the Defense Readiness Production Board 

10 in fulfilling its duties and functions with respect to the 

11 industrial base. 

12 (b) MEMBERSHIP.—The Council shall be composed of 

13 12 members, appointed by the Secretary of Defense in 

14 consultation with the Armed Services Committees of the 

15 Senate and the House of Representatives from among in16 dividuals with knowledge of the defense industrial base, 

17 including individuals who— 

18 (1) represent major sectors of defense industry 

19 most relevant to the work of the Council; 

20 (2) represent non-traditional suppliers to the 

21 Department of Defense from industries most rel22 evant to the work of the Council; 

23 (3) represent suppliers of essential materials 

24 most relevant to the work of the Council; and 


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1 (4) represent the workforce in the defense in2 dustrial base most relevant to the work of the Coun3 cil. 

4 (c) FUNCTIONS.—The Council shall advise and assist 

5 the Defense Readiness Production Board in fulfilling its 

6 duties and functions with regard to the industrial base and 

7 on such other matters as the Secretary may direct. 

8 (d) REIMBURSEMENT.—The Secretary may provide 

9 reimbursement to members of the Council for purposes of 

10 attending meetings of the Council, in accordance with 

11 Federal guidelines. 

12 (e) TERMINATION.—The Council shall terminate 5 

13 years after the date of its establishment under subsection 

14 (a). 

15 SEC. 1704. ROLE OF CHAIRMAN OF BOARD IN CERTAIN RE16 PORTING PROCESSES. 

17 (a) READINESS REPORTING SYSTEM.— 

18 (1) INCLUSION IN JOINT READINESS RE19 VIEWS.—The Chairman of the Board, or a rep20 resentative of the Chairman, shall be included in the 

21 quarterly joint readiness reviews and monthly up22 dates required under section 117(d) of title 10, 

23 United States Code. 

24 (2) INCLUSION IN REPORTS.—The Chairman of 

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1 fense for inclusion in the report submitted to Con2 gress by the Secretary under section 117(e) of such 

3 title. 

4 (b) QUARTERLY REPORTS ON MILITARY READI5 NESS.—The Chairman of the Board shall be included in 

6 the process for preparing quarterly reports required under 

7 section 482 of title 10, United States Code. The Chairman 

8 may submit views to the Secretary of Defense for inclusion 

9 in such reports. 

10 (c) REPORTS ON FUND TRANSFERS.—The Chairman 

11 of the Board shall be included in the process of transfer12 ring any funds described in reports submitted under sec13 tion 483 of title 10, United States Code. The Chairman 

14 may submit views to the Secretary of Defense for inclusion 

15 in such reports, and if the Chairman determines that any 

16 transfer described in a report would negatively affect a 

17 critical readiness requirement, shall submit views on such 

18 transfer. 

19 SEC. 1705. AUTHORITY TO USE MULTIYEAR CONTRACTS. 

20 (a) IN GENERAL.—Notwithstanding section 2306b of 

21 title 10, United States Code, the Secretary of a military 

22 department may enter into a multiyear contract to procure 

23 an item if such item will fill, or substantially fill, a critical 

24 readiness requirement designated by the Board. 


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1 (b) LIMITATION ON ITEMS.—The authority under 

2 subsection (a) may not be used unless the item to be pro3 cured— 

4 (1) is the same or substantially the same as an 

5 item procured previously using a multiyear contract; 

6 (2) has been in full-rate production for at least 

7 3 years; or 

8 (3) is a non-developmental commercial item 

9 with modifications that are de minimis in nature. 

10 (c) ADDITIONAL LIMITATION.—The authority under 

11 subsection (a) may not be used unless the Secretary of 

12 the military department concerned— 

13 (1) certifies that the pricing under the contract 

14 is fair and reasonable and that the Secretary has all 

15 the information necessary to make such certification; 

16 and 

17 (2) the congressional defense committees have 

18 been notified at least 30 days in advance of the 

19 award of the proposed contract, and the notification 

20 includes a statement of the cancellation ceiling for 

21 the contract. 

22 (d) ACCOUNTING FOR COSTS.—For the purpose of 

23 accounting for the costs of contracts entered into under 

24 this section, the Department of Defense shall either— 


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1 (1) record obligations for the full cost of the 

2 contract at the time of contract award; or 

3 (2) record obligations for each fiscal year of the 

4 contract equal to the Government’s total annual li5 ability, which includes, for a fiscal year, the perform6 ance cost of the contract for the fiscal year plus any 

7 costs that would be incurred if the contract were 

8 cancelled at the end of the fiscal year. 

9 (e) MULTIYEAR CONTRACT DEFINED.—In this sec10 tion, the term ‘‘multiyear contract’’ has the meaning pro11 vided in section 2306b(k) of this title. 

12 (f) REGULATIONS.—The Secretary of Defense shall 

13 prescribe regulations to carry out this section. The regula14 tions shall include provisions similar to the provisions re15 quired under section 2306b(e) of this title (relating to pro16 tection of existing authority). 

17 SEC. 1706. TRANSFER AUTHORITY. 

18 (a) IN GENERAL.—The Secretary of Defense may 

19 transfer from amounts described in subsection (b) to other 

20 appropriations of the Department of Defense for fiscal 

21 year 2008 or any subsequent fiscal year such amounts as 

22 the Secretary determines necessary to address critical 

23 readiness requirements designated by the Board. Amounts 

24 so transferred shall be merged with and be available for 

25 the same purposes as the accounts to which transferred. 


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1 The total amount that the Secretary may transfer under 

2 the authority of this section in any fiscal year is 

3 $1,000,000,000. 

4 (b) AMOUNTS SUBJECT TO TRANSFER.—Transfers 

5 under this section may be made only from amounts appro6 priated to the Department of Defense for fiscal year 2008 

7 or any subsequent fiscal year that remain available for ob8 ligation. 

9 (c) ADDITIONAL AUTHORITY.—The authority pro10 vided by this section is in addition to any other authority 

11 provided by law authorizing the transfer of amounts avail12 able to the Department of Defense. 

13 SEC. 1707. SPECIAL AUTHORITY FOR USE OF WORKING 

14 CAPITAL FUNDS FOR CRITICAL READINESS 

15 REQUIREMENTS. 

16 (a) NOTIFICATION TO SECRETARY OF CERTAIN EX17 PENSES.—The Secretary of a military department shall 

18 notify the Secretary of Defense if the Secretary of the 

19 military department determines that costs will be incurred 

20 for work on a critical readiness program in excess of 

21 amounts available in the working capital fund of the mili22 tary department. 

23 (b) TRANSFER OF FUNDS.—The Secretary of De24 fense, after receiving a notification under subsection (a), 

25 may transfer funds from another working capital fund or 


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1 other funds available to the Department of Defense for 

2 fiscal year 2008 or any subsequent fiscal year sufficient 

3 to cover the costs of the critical readiness program. The 

4 Secretary of the military department to which the funds 

5 are transferred shall notify the congressional defense com6 mittees of the transfer within 30 days after the transfer 

7 is made. 

8 (c) REQUIREMENT TO REIMBURSE WORKING CAP9 ITAL FUNDS.—In the case of any working capital fund 

10 from which a transfer is made under subsection (b), the 

11 Secretary of Defense shall, within 12 months after the 

12 transfer, reimburse the fund from any of the following: 

13 (1) An appropriation of funds. 

14 (2) Other funds available to the Department of 

15 Defense. 

16 (3) If the Secretary is unable to provide reim17 bursement pursuant to paragraph (1) or (2) within 

18 nine months after the transfer, advance billing 

19 (under section 2208(i) of title 10, United States 

20 Code) from the military department carrying out the 

21 critical readiness program. 

22 (d) ADDITIONAL TRANSFER AUTHORITY.—The 

23 transfer authority under this section is in addition to any 

24 other transfer authority. 


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1 (e) CRITICAL READINESS PROGRAM.—In this section, 

2 the term ‘‘critical readiness program’’ means a program 

3 to address a critical readiness requirement designated by 

4 the Board. 

5 SEC. 1708. STRATEGIC READINESS FUND. 

6 (a) ESTABLISHMENT.—There is established on the 

7 books of the Treasury a fund to be known as the Depart8 ment of Defense Strategic Readiness Fund (in this sub9 section referred to as the ‘‘Fund’’), which shall be admin10 istered by the Secretary of the Treasury. 

11 (b) PURPOSES.—The Fund shall be used to address 

12 critical readiness requirements designated under section 

13 1701(c). 

14 (c) ASSETS OF FUND.—There shall be deposited into 

15 the Fund any amount appropriated to the Fund, which 

16 shall constitute the assets of the Fund. 

17 (d) TRANSFER OF FUNDS.— 

18 (1) The Secretary of Defense may transfer 

19 amounts in the Fund to such appropriations ac20 counts as the Secretary determines appropriate for 

21 addressing critical readiness requirements des22 ignated under section 1701(c). Amounts so trans23 ferred shall be merged with and available for the 

24 same purposes and for the same time period as the 

25 appropriation account to which transferred. 


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1 (2) The transfer authority provided in para2 graph (1) is in addition to any other transfer au3 thority available to the Department of Defense. 

4 Upon a determination that all or part of the 

5 amounts transferred from the Fund are not nec6 essary for the purposes for which transferred, such 

7 amounts may be transferred back to the Fund. 

8 (3) The Secretary of Defense shall notify the 

9 congressional defense committees within 30 days 

10 after the Secretary makes a transfer under this sub11 section. 

12 (e) AUTHORIZATION.—There is hereby authorized to 

13 be appropriated to the Strategic Readiness Fund 

14 $1,000,000,000, to be derived from amounts for Oper15 ations and Maintenance under section 1508. 

16 DIVISION B—MILITARY CON17 STRUCTION AUTHORIZA18 TIONS 

19 SEC. 2001. SHORT TITLE. 

20 This division may be cited as the ‘‘Military Construc21 tion Authorization Act for Fiscal Year 2008’’. 

22 TITLE I—ARMY 

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

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2006 

project. 


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1 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

2 ACQUISITION PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2104(a)(1), the Secretary of the Army 

6 may acquire real property and carry out military construc7 tion projects for the installations or locations inside the 

8 United States, and in the amounts, set forth in the fol9 lowing table: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama .......... Anniston Army Depot ........................................ $26,000,000 

Alaska .............. Fort Richardson ................................................. $92,800,000 

Fort Wainwright ................................................. $105,600,000 

Arizona ............ Fort Huachuca ................................................... $129,600,000 

California ........ Fort Irwin ........................................................... $24,000,000 

Presidio, Monterey .............................................. $28,000,000 

Colorado .......... Fort Carson ........................................................ $157,200,000 

Delaware ......... Dover Air Force Base ........................................ $17,500,000 

Florida ............. Eglin Air Force Base ......................................... $66,000,000 

Southern Command Headquarters, Miami ........ $237,000,000 

Georgia ............ Fort Benning ...................................................... $185,800,000 

Fort Stewart/Hunter Army Air Field ................ $123,500,000 

Hawaii ............. Fort Shafter ....................................................... $31,000,000 

Kahuku Training Area ....................................... $9,200,000 

Schofield Barracks ............................................. $88,000,000 

Wheeler Army Air Field ..................................... $51,000,000 

Kansas ............. Fort Leavenworth ............................................... $90,800,000 

Fort Riley ........................................................... $140,200,000 

Kentucky ......... Fort Campbell .................................................... $105,000,000 

Fort Knox ........................................................... $6,700,000 

Missouri ........... Fort Leonard Wood ............................................ $129,050,000 

Nevada ............ Hawthorne Army Ammunition Plant ................. $11,800,000 

New Mexico ..... White Sands Missile Range ................................ $71,000,000 

New York ........ Fort Drum .......................................................... $300,600,000 

North Carolina Fort Bragg ......................................................... $270,800,000 

Oklahoma ........ Fort Sill .............................................................. $2,900,000 

South Carolina Fort Jackson ...................................................... $85,000,000 

Texas ............... Camp Bullis ........................................................ $1,600,000 

Corpus Christi .................................................... $11,200,000 

Fort Bliss ........................................................... $111,900,000 

Fort Hood ........................................................... $138,000,000 

Fort Sam Houston ............................................. $19,150,000 

Red River Army Depot....................................... $9,200,000 

Virginia ........... Fort Belvoir ........................................................ $13,000,000 

Fort Eustis ......................................................... $75,000,000 

Fort Lee ............................................................. $22,600,000 

Fort Myer ........................................................... $20,800,000 

Washington ..... Fort Lewis .......................................................... $167,900,000 

Yakima Training Center .................................... $29,000,000 


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1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ...................... Afghanistan ........................................... $13,800,000 

Bulgaria ............................ Nevo Selo FOS ...................................... $61,000,000 

Germany ........................... Grafenwoehr .......................................... $62,000,000 

Hondurus .......................... Various locations ................................... $2,550,000 

Italy .................................. Vicenza .................................................. $173,000,000 

Korea ................................ Camp Humphreys ................................. $57,000,000 

Romania ........................... Various locations ................................... $12,600,000 

8 SEC. 2102. FAMILY HOUSING. 

9 (a) CONSTRUCTION AND ACQUISITION.—Using 

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2104(a)(5)(A), the Secretary of the 

12 Army may construct or acquire family housing units (in13 cluding land acquisition and supporting facilities) at the 

14 installations or locations, in the number of units, and in 

15 the amounts set forth in the following table: 

Army: Family Housing 

State or Country Installation or Location Units Amount 

Utah ......................... Dugway Proving Grounds ............. 28 ....... $5,000,000 

Germany .................. Ansbach ......................................... 138 ..... $52,000,000 

16 (b) PLANNING AND DESIGN.—Using amounts appro17 priated pursuant to the authorization of appropriations in 


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1 section 2104(a)(5)(A), the Secretary of the Army may 

2 carry out architectural and engineering services and con3 struction design activities with respect to the construction 

4 or improvement of family housing units in an amount not 

5 to exceed $2,000,000. 

6 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

7 UNITS. 

8 Subject to section 2825 of title 10, United States 

9 Code, and using amounts appropriated pursuant to the 

10 authorization of appropriations in section 2104(a)(5)(A), 

11 the Secretary of the Army may improve existing military 

12 family housing units in an amount not to exceed 

13 $365,400,000. 

14 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

16 are hereby authorized to be appropriated for fiscal years 

17 beginning after September 30, 2007, for military con18 struction, land acquisition, and military family housing 

19 functions of the Department of the Army in the total 

20 amount of $5,133,817,000 as follows: 

21 (1) For military construction projects inside the 

22 United States authorized by section 2101(a), 

23 $3,089,400,000. 


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1 (2) For military construction projects outside 

2 the United States authorized by section 2101(b), 

3 $381,950,000. 

4 (3) For unspecified minor military construction 

5 projects authorized by section 2805 of title 10, 

6 United States Code, $27,200,000. 

7 (4) For architectural and engineering services 

8 and construction design under section 2807 of title 

9 10, United States Code, $329,547,000. 

10 (5) For military family housing functions: 

11 (A) For construction and acquisition, plan12 ning and design, and improvement of military 

13 family housing and facilities, $424,400,000. 

14 (B) For support of military family housing 

15 (including the functions described in section 

16 2833 of title 10, United States Code), 

17 $731,920,000. 

18 (6) For the construction of increment 2 of a 

19 barracks complex at Fort Lewis, Washington, au20 thorized by section 2101(a) of the Military Construc21 tion Authorization Act for Fiscal Year 2007 (divi22 sion B of Public Law 109–364; 120 Stat. 2445), as 

23 amended by section 20814 of the Continuing Appro24 priations Resolution, 2007 (division B of Public Law 

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1 tinuing Appropriations Resolution, 2007 (Public 

2 Law 110–5; 121 Stat. 41), $102,000,000. 

3 (7) For the construction of increment 3 of a 

4 barracks complex at Fort Bragg, North Carolina, 

5 authorized by section 2101(a) of the Military Con6 struction Authorization Act for Fiscal Year 2006 

7 (division B of Public Law 109–163; 119 Stat. 

8 3485), $47,400,000. 

9 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

10 PROJECTS.—Notwithstanding the cost variations author11 ized by section 2853 of title 10, United States Code, and 

12 any other cost variation authorized by law, the total cost 

13 of all projects carried out under section 2101 of this Act 

14 may not exceed the sum of the following: 

15 (1) The total amount authorized to be appro16 priated under paragraphs (1) and (2) of subsection 

17 (a). 

18 (2) $46,000,000 (the balance of the amount au19 thorized under section 2201(a) for construction of 

20 an operations complex at Eglin Air Force Base, 

21 Florida). 

22 (3) $70,000,000 (the balance of the amount au23 thorized under section 2201(a) for construction of 

24 the United States Southern Command Head25 quarters, Miami, Florida). 


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1 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2006 PROJECT. 

3 (a) MODIFICATION.—The table in section 2101(a) of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2006 (division B of Public Law 109–163; 119 Stat. 

6 3485) is amended in the item relating to Fort Bragg, 

7 North Carolina, by striking ‘‘$301,250,000’’ in the 

8 amount column and inserting ‘‘$308,250,000’’. 

9 (b) CONFORMING AMENDMENTS.—Section 

10 2104(b)(5) of that Act (119 Stat. 3488) is amended by 

11 striking ‘‘$77,400,000’’ and inserting ‘‘$84,400,000’’. 

12 TITLE J—NAVY 

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

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Repeal of authorization for construction of Navy Outlying Landing 

Field, Washington County, North Carolina. 

13 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

14 ACQUISITION PROJECTS. 

15 (a) INSIDE THE UNITED STATES.—Using amounts 

16 appropriated pursuant to the authorization of appropria17 tions in section 2204(a)(1), the Secretary of the Navy may 

18 acquire real property and carry out military construction 

19 projects for the installations or locations inside the United 

20 States, and in the amounts, set forth in the following 

21 table: 


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Navy: Inside the United States 

State Installation or Location Amount 

Alaska .............. Outlying Field Evergreen ................................... $9,560,000 

Arizona ............ Marine Corps Air Station, Yuma ....................... $33,720,000 

California ........ Marine Corps Air Station, Miramar .................. $26,760,000 

Marine Corps Base, Camp Pendleton ................ $282,450,000 

Marine Corps Base, Twentynine Palms ............. $142,619,000 

Naval Station, San Diego ................................... $23,630,000 

Florida ............. Marine Corps Logistics Base, Blount Island ..... $7,570,000 

.................... Naval Surface Warfare Center, Panama City .... $13,870,000 

Naval Training Center, Corry Field ................... $1,600,000 

Hawaii ............. Marine Corps Air Station, Kaneohe ................... $37,961,000 

Naval Base, Pearl Harbor .................................. $99,860,000 

Naval Station Pearl Harbor, Wahiawa .............. $65,410,000 

Illinois ............. Naval Training Center, Great Lakes ................. $10,221,000 

Maryland ......... Naval Air Warfare Center, Patuxent River ....... $38,360,000 

Naval Surface Warfare Center, Indian Head .... $9,500,000 

North Carolina Marine Corps Air Station, Cherry Point ............ $28,610,000 

Marine Corps Air Station, New River ................ $58,630,000 

Marine Corps Base, Camp Lejeune ................... $234,730,000 

South Carolina Marine Corps Air Station, Beaufort .................. $10,300,000 

Marine Corps Recruit Depot, Parris Island ....... $55,282,000 

Texas ............... Naval Air Station, Corpus Christi ...................... $14,290,000 

Virginia ........... Marine Corps Base, Quantico ............................ $50,519,000 

Naval Station, Norfolk ....................................... $65,360,000 

Naval Support Activity, Chesapeake .................. $8,450,000 

Naval Surface Warfare Center, Dahlgren .......... $10,000,000 

Washington ..... Naval Air Station, Whidbey Island .................... $34,510,000 

Naval Station, Bremerton .................................. $119,760,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Bahrain ............................. Southwest Asia ...................................... $35,500,000 

Diego Garcia ..................... Naval Support Facility, Diego Garcia .. $7,150,000 

Djibouti ............................. Camp Lemonier ..................................... $22,390,000 

Guam ................................ Naval Activities, Guam ......................... $278,818,000 

8 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap9 propriated pursuant to the authorization of appropriations 


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1 in section 2204(a)(3), the Secretary of the Navy may ac2 quire real property and carry out military construction 

3 projects for unspecified installations or locations in the 

4 amount set forth in the following table: 

Navy: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Unspecified Wharf Utilities Upgrade ....................... $8,900,000 

Host Nation Infrastructure .................. $2,700,000 

5 SEC. 2202. FAMILY HOUSING. 

6 (a) CONSTRUCTION AND ACQUISITION.—Using 

7 amounts appropriated pursuant to the authorization of ap8 propriations in section 2204(a)(6)(A), the Secretary of the 

9 Navy may construct or acquire family housing units (in10 cluding land acquisition and supporting facilities) at the 

11 installations, in the number of units, and in the amounts 

12 set forth in the following table: 

Navy: Family Housing 

Location Installation Units Amount 

Mariana Islands ....... Naval Activities, Guam ................. 73 ....... $57,167,000 

13 (b) PLANNING AND DESIGN.—Using amounts appro14 priated pursuant to the authorization of appropriations in 

15 section 2204(a)(6)(A), the Secretary of the Navy may 

16 carry out architectural and engineering services and con17 struction design activities with respect to the construction 

18 or improvement of military family housing units in an 

19 amount not to exceed $3,172,000. 


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1 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States 

4 Code, and using amounts appropriated pursuant to the 

5 authorization of appropriations in section 2204(a)(6)(A), 

6 the Secretary of the Navy may improve existing military 

7 family housing units in an amount not to exceed 

8 $237,990,000. 

9 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

10 (a) IN GENERAL.—Funds are hereby authorized to 

11 be appropriated for fiscal years beginning after September 

12 30, 2007, for military construction, land acquisition, and 

13 military family housing functions of the Department of the 

14 Navy in the total amount of $2,757,249,000, as follows: 

15 (1) For military construction projects inside the 

16 United States authorized by section 2201(a), 

17 $1,496,532,000. 

18 (2) For military construction projects outside 

19 the United States authorized by section 2201(b), 

20 $293,858,000. 

21 (3) For military construction projects at un22 specified worldwide locations authorized by section 

23 2201(c), $11,600,000. 

24 (4) For unspecified minor military construction 

25 projects authorized by section 2805 of title 10, 

26 United States Code, $10,000,000. 


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1 (5) For architectural and engineering services 

2 and construction design under section 2807 of title 

3 10, United States Code, $111,067,000. 

4 (6) For military family housing functions: 

5 (A) For construction and acquisition, plan6 ning and design, and improvement of military 

7 family housing and facilities, $298,329,000. 

8 (B) For support of military family housing 

9 (including functions described in section 2833 

10 of title 10, United States Code), $371,404,000. 

11 (7) For the construction of increment 2 of the 

12 construction of an addition to the National Maritime 

13 Intelligence Center, Suitland, Maryland, authorized 

14 by section 2201(a) of the Military Construction Au15 thorization Act for Fiscal Year 2007 (division B of 

16 Public Law 109–364; 120 Stat. 2448), $52,069,000. 

17 (8) For the construction of increment 3 of re18 cruit training barracks infrastructure upgrade at 

19 Recruit Training Command, Great Lakes, Illinois, 

20 authorized by section 2201(a) of the Military Con21 struction Authorization Act for Fiscal Year 2006 

22 (division B of Public Law 109–163; 119 Stat. 

23 3490), $16,650,000. 

24 (9) For the construction of increment 3 of 

25 wharf upgrades at Yokosuka, Japan, authorized by 


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1 section 2201(b) of the Military Construction Author2 ization Act of Fiscal Year 2006 (division B of Public 

3 Law 109–163; 119 Stat. 3490), $8,750,000. 

4 (10) For the construction of increment 2 of the 

5 Bachelor Enlisted Quarters Homeport Ashore Pro6 gram at Bremerton, Washington (formerly referred 

7 to as a project at Naval Station, Everett), author8 ized by section 2201(a) of the Military Construction 

9 Authorization Act of Fiscal Year 2006 (division B of 

10 Public Law 109–163; 119 Stat.3490), $47,240,000. 

11 (11) For the construction of increment 4 of the 

12 limited area production and storage complex at 

13 Naval Submarine Base, Kitsap, Bangor, Washington 

14 (formerly referred to as a project at the Strategic 

15 Weapons Facility Pacific, Bangor), authorized by 

16 section 2201(a) of the Military Construction Author17 ization Act of Fiscal Year 2005 (division B of Public 

18 Law 108–375; 118 Stat. 2105), as amended by sec19 tion 2206 of the Military Construction Authorization 

20 Act for Fiscal Year 2006 (division B of Public Law 

21 109–163; 119 Stat. 3493), $39,750,000. 

22 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

23 PROJECTS.—Notwithstanding the cost variations author24 ized by section 2853 of title 10, United States Code, and 

25 any other cost variation authorized by law, the total cost 


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1 of all projects carried out under section 2201 of this Act 

2 may not exceed the sum of the following: 

3 (1) The total amount authorized to be appro4 priated under paragraphs (1), (2), and (3) of sub5 section (a). 

6 (2) $50,000,000 (the balance of the amount au7 thorized under section 2201(b) for construction of a 

8 wharf extension in Apra Harbor, Guam. 

9 SEC. 2205. REPEAL OF AUTHORIZATION FOR CONSTRUC10 TION OF NAVY OUTLYING LANDING FIELD, 

11 WASHINGTON COUNTY, NORTH CAROLINA. 

12 (a) REPEAL OF AUTHORIZATION.—The table in sec13 tion 2201(a) of the Military Construction Authorization 

14 Act for Fiscal Year 2004 (division B of Public Law 108– 

15 136; 117 Stat. 1704) is amended by striking the item re16 lating to Navy Outlying Landing Field, Washington Coun17 ty, North Carolina, as added by section 2205(a) of the 

18 Military Construction Authorization Act for Fiscal Year 

19 2007 (division B of Public Law 109–364; 120 Stat. 2452). 

20 (b) REPEAL OF INCREMENTAL FUNDING AUTHOR21 ITY.—Section 2204(b) of that Act (117 Stat. 1706) is 

22 amended by striking paragraph (6). 

23 (c) EFFECT OF REPEAL.—The amendments made by 

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1 struction of the Navy Outlying Landing Field, Wash2 ington County, North Carolina, or the acquisition of real 

3 property to facilitate such construction. 

4 TITLE K—AIR FORCE 

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

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Modification of authority to carry out certain fiscal year 2006 

project. 

5 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

6 LAND ACQUISITION PROJECTS. 

7 (a) INSIDE THE UNITED STATES.—Using amounts 

8 appropriated pursuant to the authorization of appropria9 tions in section 2304(a)(1), the Secretary of the Air Force 

10 may acquire real property and carry out military construc11 tion projects for the installations or locations inside the 

12 United States, and in the amounts, set forth in the fol13 lowing table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alaska ...................... Elmendorf Air Force Base ......................... $70,180,000 

Arizona .................... Davis-Monthan Air Force Base ................. $11,200,000 

Kirtland Air Force Base ............................ $3,700,000 

Luke Air Force Base ................................. $5,500,000 

Arkansas .................. Little Rock Air Force Base ....................... $9,800,000 

California ................. Edwards Air Force Base ........................... $8,500,000 

Travis Air Force Base ............................... $37,400,000 

Colorado ................... Fort Carson ............................................... $13,500,000 

Schriever Air Force Base ........................... $24,500,000 

United States Air Force Academy ............. $15,000,000 

District of Columbia Bolling Air Force Base .............................. $2,500,000 

Florida ..................... Eglin Air Force Base ................................. $158,300,000 

MacDill Air Force Base ............................. $60,500,000 

Patrick Air Force Base .............................. $11,854,000 

Tyndall Air Force Base ............................. $44,114,000 

Georgia .................... Robins Air Force Base .............................. $19,700,000 

Hawaii ...................... Hickam Air Force Base ............................. $31,971,000 

Illinois ...................... Scott Air Force Base ................................. $16,700,000 

Kansas ..................... Fort Riley ................................................... $12,515,000 

Missouri ................... Whiteman Air Force Base ......................... $11,400,000 


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Air Force: Inside the United States—Continued 

State Installation or Location Amount 

Nebraska .................. Offutt Air Force Base ............................... $16,952,000 

New Mexico .............. Cannon Air Force Base ............................. $1,688,000 

North Dakota .......... Minot Air Force Base ................................ $18,200,000 

Oklahoma ................. Altus Air Force Base ................................. $2,000,000 

Tinker Air Force Base ............................... $34,600,000 

South Carolina ......... Shaw Air Force Base ................................. $9,300,000 

Texas ....................... Lackland Air Force Base ........................... $14,000,000 

Shepard Air Force Base ............................ $7,000,000 

Utah ......................... Hill Air Force Base ................................... $16,799,000 

Washington .............. Fairchild Air Force Base ........................... $6,200,000 

Wyoming .................. Francis E. Warren Air Force Base ........... $14,600,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Germany ........................... Ramstein Air Base ................................ $48,209,000 

Guam ................................ Andersen Air Force Base ...................... $15,800,000 

Qatar ................................ Al Udeid Air Base ................................. $22,300,000 

Spain ................................. Moron Air Base ..................................... $1,800,000 

United Kingdom ............... Royal Air Force Lakenheath ................ $17,300,000 

Royal Air Force Menwith Hill Station $41,000,000 

8 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap9 propriated pursuant to the authorization of appropriations 

10 in section 2304(a)(3), the Secretary of the Air Force may 

11 acquire real property and carry out military construction 

12 projects for unspecified installations or locations in the 

13 amount set forth in the following table: 


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Air Force: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Classified ........ Classified Project.................................. $1,500,000 

Classified-Special Evaluation Program $13,940,000 

1 SEC. 2302. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2304(a)(6)(A), the Secretary of the 

5 Air Force may construct or acquire family housing units 

6 (including land acquisition and supporting facilities) at the 

7 installations or locations, in the number of units, and in 

8 the amounts set forth in the following table: 

Air Force: Family Housing 

State or Country Installation or Location Units Amount 

Germany .................... Ramstein Air Base ........................ 117 ... $56,275,000 

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in 

11 section 2304(a)(6)(A), the Secretary of the Air Force may 

12 carry out architectural and engineering services and con13 struction design activities with respect to the construction 

14 or improvement of military family housing units in an 

15 amount not to exceed $12,210,000. 

16 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

17 UNITS. 

18 Subject to section 2825 of title 10, United States 

19 Code, and using amounts appropriated pursuant to the 

20 authorization of appropriations in section 2304(a)(6)(A), 


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1 the Secretary of the Air Force may improve existing mili2 tary family housing units in an amount not to exceed 

3 $294,262,000. 

4 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

5 FORCE. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal years beginning after September 30, 2007, for mili8 tary construction, land acquisition, and military family 

9 housing functions of the Department of the Air Force in 

10 the total amount of $2,120,191,000, as follows: 

11 (1) For military construction projects inside the 

12 United States authorized by section 2301(a), 

13 $710,173,000. 

14 (2) For military construction projects outside 

15 the United States authorized by section 2301(b), 

16 $146,409,000. 

17 (3) For the military construction projects at 

18 unspecified worldwide locations authorized by section 

19 2301(c), $15,440,000. 

20 (4) For unspecified minor military construction 

21 projects authorized by section 2805 of title 10, 

22 United States Code, $15,000,000. 

23 (5) For architectural and engineering services 

24 and construction design under section 2807 of title 

25 10, United States Code, $62,087,000. 


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1 (6) For military family housing functions: 

2 (A) For construction and acquisition, plan3 ning and design, and improvement of military 

4 family housing and facilities, $362,747,000. 

5 (B) For support of military family housing 

6 (including functions described in section 2833 

7 of title 10, United States Code), $688,335,000. 

8 (7) For the construction of increment 3 of the 

9 main base runway at Edwards Air Force Base, Cali10 fornia, authorized by section 2301(a) of the Military 

11 Construction Authorization Act for Fiscal Year 2006 

12 (division B of Public Law 109–163; 119 Stat. 

13 3494), $35,000,000. 

14 (8) For the construction of increment 3 of the 

15 CENTCOM Joint Intelligence Center at MacDill Air 

16 Force Base, Florida, authorized by section 2301(a) 

17 of the Military Construction Authorization Act for 

18 Fiscal Year 2006 (division B of Public Law 109– 

19 163; 119 Stat. 3494), as amended by section 2305 

20 of the Military Construction Authorization Act for 

21 Fiscal Year 2007 (division B of Public Law 109– 

22 364; 120 Stat. 2456), $25,000,000. 


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1 SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2006 PROJECT. 

3 (a) FURTHER MODIFICATION OF INSIDE THE

4 UNITED STATES PROJECT.—The table in section 2301(a) 

5 of the Military Construction Authorization Act for Fiscal 

6 Year 2006 (division B of Public Law 109–163; 119 Stat. 

7 3494), as amended by section 2305(a) of the Military Con8 struction Authorization Act for Fiscal Year 2007 (division 

9 B of Public Law 109–364; 120 Stat. 2456), is further 

10 amended in the item relating to MacDill Air Force Base, 

11 Florida, by striking ‘‘$101,500,000’’ in the amount col12 umn and inserting ‘‘$126,500,000’’. 

13 (b) CONFORMING AMENDMENT.—Section 2304(b)(4) 

14 of the Military Construction Authorization Act for Fiscal 

15 Year 2006 (division B of Public Law 109–163; 119 Stat. 

16 3496), as amended by section 2305(b) of the Military Con17 struction Authorization Act for Fiscal Year 2007 (division 

18 B of Public Law 109–364; 120 Stat. 2456), is further 

19 amended is amended by striking ‘‘$23,300,000’’ and in20 serting ‘‘$48,300,000’’. 

21 TITLE L—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorized base closure and realignment activities funded through 

Department of Defense Base Closure Account 2005. 

Sec. 2404. Authorization of appropriations, Defense Agencies. 

Sec. 2405. Wounded warrior facility support. 


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1 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC2 TION AND LAND ACQUISITION PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2404(a)(1), the Secretary of Defense may 

6 acquire real property and carry out military construction 

7 projects for the installations or locations inside the United 

8 States, and in the amounts, set forth in the following ta9 bles: 

Defense Education Activity 

State Installation or Location Amount 

North Carolina Marine Corps Base, Camp Lejeune ....................... $2,014,000 

Defense Intelligence Agency 

State Installation or Location Amount 

District of Columbia .. Bolling Air Force Base ................................ $1,012,000 

Defense Logistics Agency 

State Installation or Location Amount 

California ......... Port Loma Annex ................................................... $140,000,000 

Florida ............. Naval Air Station, Key West ................................. $1,874,000 

Hawaii ............. Hickam Air Force Base ......................................... $26,000,000 

New Mexico ..... Kirtland Air Force Base ........................................ $1,800,000 

Ohio ................. Defense Supply Center Columbus .......................... $4,000,000 

Pennsylvania .... Defense Distribution Depot, New Cumberland ..... $21,000,000 

Virginia ............ Fort Belvoir ............................................................ $5,000,000 

National Security Agency 

State Installation or Location Amount 

Maryland ......... Fort Meade ............................................................. $11,901,000 

Special Operations Command 

State Installation or Location Amount 

California ......... Marine Corps Base, Camp Pendleton .................... $20,030,000 

Naval Amphibious Base, Coronodo ........................ $12,000,000 

Florida ............. Hurlburt Field ........................................................ $29,111,000 

MacDill Air Force Base ......................................... $47,700,000 

Georgia ............ Fort Benning .......................................................... $35,000,000 


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Special Operations Command—Continued 

State Installation or Location Amount 

Hunter Army Air Field .......................................... $13,800,000 

Kentucky ......... Fort Campbell ........................................................ $53,500,000 

New Mexico ..... Cannon Air Force Base .......................................... $7,500,000 

North Carolina Fort Bragg ............................................................. $47,250,000 

Marine Corps Base, Camp Lejeune ....................... $28,210,000 

Virginia ............ Dam Neck .............................................................. $113,800,000 

Naval Amphibious Base, Little Creek .................... $99,000,000 

Washington ...... Fort Lewis .............................................................. $77,000,000 

TRICARE Management Activity 

State Installation or Location Amount 

Florida ............. MacDill Air Force Base ......................................... $5,000,000 

Illinois .............. Naval Hospital, Great Lakes ................................. $99,000,000 

New York ........ Fort Drum .............................................................. $41,000,000 

Texas ............... Camp Bullis ............................................................ $7,400,000 

Virginia ............ Naval Station, Norfolk ........................................... $6,450,000 

Washington ...... Fort Lewis .............................................................. $21,000,000 

Washington Headquarters Services 

State Installation or Location Amount 

Virginia ............ Pentagon Reservation ............................................. $18,531,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2404(a)(2), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing tables: 

Defense Education Activity 

Country Installation or Location Amount 

Belgium ................ Sterrebeek ......................................................... $5,992,000 

Germany ............... Ramstein Air Base ............................................ $5,393,000 

Wiesbaden Air Base .......................................... $20,472,000 

Special Operations Command 

Country Installation or Location Amount 

Bahrain ................. Southwest Asia .................................................. $19,000,000 


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Special Operations Command—Continued 

Country Installation or Location Amount 

Qatar .................... Al Udeid AB ...................................................... $52,852,000 

TRICARE Management Activity 

Country Installation or Location Amount 

Germany ............... Spangdahlem Air Base ...................................... $30,100,000 

1 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2404(a)(3), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for unspecified installations or locations in the 

6 amount set forth in the following table: 

Defense Agencies: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Classified Classified Project.................................. $1,887,000 

7 SEC. 2402. ENERGY CONSERVATION PROJECTS. 

8 Using amounts appropriated pursuant to the author9 ization of appropriations in section 2404(a)(7), the Sec10 retary of Defense may carry out energy conservation 

11 projects under chapter 173 of title 10, United States 

12 Code, in the amount of $70,000,000. 


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1 SEC. 2403. AUTHORIZED BASE CLOSURE AND REALIGN2 MENT ACTIVITIES FUNDED THROUGH DE3 PARTMENT OF DEFENSE BASE CLOSURE AC4 COUNT 2005. 

5 Using amounts appropriated pursuant to the author6 ization of appropriations in section 2404(a)(9), the Sec7 retary of Defense may carry out base closure and realign8 ment activities, including real property acquisition and 

9 military construction projects, as authorized by the De10 fense Base Closure and Realignment Act of 1990 (part 

11 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 

12 note) and funded through the Department of Defense 

13 Base Closure Account 2005 established by section 2906A 

14 of such Act, in the amount of $8,174,315,000. 

15 SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DE16 FENSE AGENCIES. 

17 (a) IN GENERAL.—Funds are hereby authorized to 

18 be appropriated for fiscal years beginning after September 

19 30, 2007, for military construction, land acquisition, and 

20 military family housing functions of the Department of 

21 Defense (other than the military departments) in the total 

22 amount of $10,253,464,000, as follows: 

23 (1) For military construction projects inside the 

24 United States authorized by section 2401(a), 

25 $898,483,000. 


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1 (2) For military construction projects outside 

2 the United States authorized by section 2401(b), 

3 $133,809,000. 

4 (3) For the military construction projects at 

5 unspecified worldwide locations authorized by section 

6 2301(c), $1,887,000. 

7 (4) For unspecified minor military construction 

8 projects under section 2805 of title 10, United 

9 States Code, $23,711,000. 

10 (5) For contingency construction projects of the 

11 Secretary of Defense under section 2804 of title 10, 

12 United States Code, $10,000,000. 

13 (6) For architectural and engineering services 

14 and construction design under section 2807 of title 

15 10, United States Code, $147,328,000. 

16 (7) For energy conservation projects authorized 

17 by section 2402 of this Act, $70,000,000. 

18 (8) For base closure and realignment activities 

19 as authorized by the Defense Base Closure and Re20 alignment Act of 1990 (part A of title XXIX of 

21 Public Law 101–510; 10 U.S.C. 2687 note) and 

22 funded through the Department of Defense Base 

23 Closure Account 1990 established by section 2906 of 

24 such Act, $230,689,000. 


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1 (9) For base closure and realignment activities 

2 authorized by section 2403 of this Act and funded 

3 through the Department of Defense Base Closure 

4 Account 2005 established by section 2906A of the 

5 Defense Base Closure and Realignment Act of 1990 

6 (part A of title XXIX of Public Law 101–510; 10 

7 U.S.C. 2687 note), $8,174,315,000. 

8 (10) For military family housing functions: 

9 (A) For support of military family housing 

10 (including functions described in section 2833 

11 of title 10, United States Code), $48,848,000. 

12 (B) For credit to the Department of De13 fense Family Housing Improvement Fund es14 tablished by section 2883(a)(1) of title 10, 

15 United States Code, $500,000. 

16 (11) For the construction of increment 2 of the 

17 health clinic replacement at MacDill Air Force Base, 

18 Florida, authorized by section 2401(a) of the Mili19 tary Construction Authorization Act of Fiscal Year 

20 2007 (division B of Public Law 109–364; 120 Stat. 

21 2457), $41,400,000. 

22 (12) For the construction of increment 2 of the 

23 replacement of the Army Medical Research Institute 

24 of Infectious Diseases at Fort Detrick, Maryland, 

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1 struction Authorization Act of Fiscal Year 2007 (di2 vision B of Public Law 109–364; 120 Stat. 2457), 

3 $150,000,000. 

4 (13) For the construction of increment 3 of the 

5 regional security operations center at Augusta, Geor6 gia, authorized by section 2401(a) of the Military 

7 Construction Authorization Act of Fiscal Year 2006 

8 (division B of Public Law 109–163; 119 Stat. 

9 3497), as amended by section 7016 of Public Law 

10 109–234 (120 Stat. 485), $100,000,000. 

11 (14) For the construction of increment 3 of the 

12 regional security operations center at Kunia, Hawaii, 

13 authorized by section 2401(a) of the Military Con14 struction Authorization Act of Fiscal Year 2006 (di15 vision B of Public Law 109–163; 119 Stat. 3497), 

16 as amended by section 7017 of Public Law 109–234 

17 (120 Stat. 485), $136,318,000. 

18 (15) For the construction of increment 8 of a 

19 munitions demilitarization facility at Blue Grass 

20 Army Depot, Kentucky, authorized by section 

21 2401(a) of the Military Construction Authorization 

22 Act for Fiscal Year 2000 (division B of Public Law 

23 106–65; 113 Stat. 835), as amended by section 

24 2405 of the Military Construction Authorization Act 

25 for Fiscal Year 2002 (division B of Public Law 107– 


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1 107; 115 Stat. 1298) and section 2405 of the Mili2 tary Construction Authorization Act for Fiscal Year 

3 2003 (division B of Public Law 107–314; 116 Stat. 

4 2698), $51,017,000. 

5 (16) For the construction of increment 9 of a 

6 munitions demilitarization facility at Pueblo Chem7 ical Activity, Colorado, authorized by section 

8 2401(a) of the Military Construction Authorization 

9 Act for Fiscal Year 1997 (division B of Public Law 

10 104–201; 110 Stat. 2775), as amended by section 

11 2406 of the Military Construction Authorization Act 

12 for Fiscal Year 2000 (division B of Public Law 106– 

13 65; 113 Stat. 839) and section 2407 of the Military 

14 Construction Authorization Act for Fiscal Year 2003 

15 (division B of Public Law 107–314; 116 Stat. 

16 2698), $35,159,000. 

17 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

18 PROJECTS.—Notwithstanding the cost variations author19 ized by section 2853 of title 10, United States Code, and 

20 any other cost variation authorized by law, the total cost 

21 of all projects carried out under section 2401 of this Act 

22 may not exceed the sum of the following: 

23 (1) The total amount authorized to be appro24 priated under paragraphs (1), (2), and (3) of sub25 section (a). 


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1 (2) $84,300,000 (the balance of the amount au2 thorized for the Defense Logistics Agency under sec3 tion 2401(a) for the replacement of fuel storage fa4 cilities, Point Loma Annex, California). 

5 SEC. 2405. WOUNDED WARRIOR FACILITY SUPPORT. 

6 (a) AUTHORIZATION OF ADDITIONAL PROJECTS.— 

7 Using amounts appropriated pursuant to the authoriza8 tion of appropriations in section 2404(a)(9), the Secretary 

9 of Defense is authorized to carry out the following addi10 tional projects (in the following amounts): 

11 (1) National Naval Medical Center, Bethesda, 

12 Maryland Enhanced Warrior Care Center, 

13 $33,000,000. 

14 (2) DeWitte Army Medical Center, Fort 

15 Belvoir, Virginia: 

16 (A) Enhanced Fort Belvoir Capability, 

17 $43,000,000. 

18 (B) Fort Belvoir Price Inflation/Scope Ad19 justment $93,000,000. 

20 (b) OFFSETS.—To offset the funds needed for the 

21 projects referred to in subsection (a), an undistributed re22 duction to the authorization of appropriations in section 

23 2404(a)(9) is provided in the amount of $169,000,000. 


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1 TITLE M—NORTH ATLANTIC 

2 TREATY ORGANIZATION SE3 CURITY INVESTMENT PRO4 GRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

5 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

7 The Secretary of Defense may make contributions for 

8 the North Atlantic Treaty Organization Security Invest9 ment Program as provided in section 2806 of title 10, 

10 United States Code, in an amount not to exceed the sum 

11 of the amount authorized to be appropriated for this pur12 pose in section 2502 and the amount collected from the 

13 North Atlantic Treaty Organization as a result of con14 struction previously financed by the United States. 

15 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

16 Funds are hereby authorized to be appropriated for 

17 fiscal years beginning after September 30, 2007, for con18 tributions by the Secretary of Defense under section 2806 

19 of title 10, United States Code, for the share of the United 

20 States of the cost of projects for the North Atlantic Treaty 

21 Organization Security Investment Program authorized by 

22 section 2501, in the amount of $201,400,000. 


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1 TITLE N—GUARD AND RESERVE 

2 FORCES FACILITIES 

Sec. 2601. Authorized Guard and Reserve construction and land acquisition 

projects. 

3 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal years beginning after September 30, 2007, for the 

7 costs of acquisition, architectural and engineering services, 

8 and construction of facilities for the reserve components, 

9 and for contributions therefor, under chapter 1803 of title 

10 10, United States Code (including the cost of acquisition 

11 of land for those facilities), in the following amounts: 

12 (1) For the Department of the Army— 

13 (A) for the Army National Guard of the 

14 United States, $425,891,000; and 

15 (B) for the Army Reserve, $133,084,000. 

16 (2) For the Department of the Navy, for the 

17 Navy Reserve and Marine Corps Reserve, 

18 $59,950,000. 

19 (3) For the Department of the Air Force— 

20 (A) for the Air National Guard of the 

21 United States, $111,717,000; and 

22 (B) for the Air Force Reserve, 

23 $27,559,000. 


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1 TITLE O—EXPIRATION AND EX2 TENSION OF AUTHORIZA3 TIONS 

Sec. 2701. Expiration of authorizations and amounts required to be specified 

by law. 

Sec. 2702. Extension of authorizations of certain fiscal year 2005 projects. 

Sec. 2703. Extension of authorizations of certain fiscal year 2004 projects. 

Sec. 2704. Effective date. 

4 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND 

5 AMOUNTS REQUIRED TO BE SPECIFIED BY 

6 LAW. 

7 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

8 YEARS.—Except as provided in subsection (b), all author9 izations contained in titles XXI through XXVI for military 

10 construction projects, land acquisition, family housing 

11 projects and facilities, and contributions to the North At12 lantic Treaty Organization Security Investment Program 

13 (and authorizations of appropriations therefor) shall ex14 pire on the later of— 

15 (1) October 1, 2010; or 

16 (2) the date of the enactment of an Act author17 izing funds for military construction for fiscal year 

18 2011. 

19 (b) EXCEPTION.—Subsection (a) shall not apply to 

20 authorizations for military construction projects, land ac21 quisition, family housing projects and facilities, and con22 tributions to the North Atlantic Treaty Organization SeVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00795 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 curity Investment Program (and authorizations of appro2 priations therefor), for which appropriated funds have 

3 been obligated before the later of— 

4 (1) October 1, 2010; or 

5 (2) the date of the enactment of an Act author6 izing funds for fiscal year 2011 for military con7 struction projects, land acquisition, family housing 

8 projects and facilities, or contributions to the North 

9 Atlantic Treaty Organization Security Investment 

10 Program. 

11 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

12 FISCAL YEAR 2005 PROJECTS. 

13 (a) EXTENSION AND RENEWAL.—Notwithstanding 

14 section 2701 of the Military Construction Authorization 

15 Act for Fiscal Year 2005 (division B of Public Law 108– 

16 375; 118 Stat. 2116), authorizations set forth in the ta17 bles in subsection (b), as provided in section 2101, 2302, 

18 2401, or 2601 of that Act, shall remain in effect until 

19 October 1, 2008, or the date of the enactment of an Act 

20 authorizing funds for military construction for fiscal year 

21 2009, whichever is later. 

22 (b) TABLES.—The tables referred to in subsection (a) 

23 are as follows: 

Army: Extension of 2005 Project Authorization 

Installation or Location Project Amount 

Schofield Barracks, Hawaii .............. Training facility ..................... $35,542,000 


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Air Force: Extension of 2005 Project Authorizations 

Installation or Location Project Amount 

Davis-Monthan Air Force Base, Arizona.Family housing (250 units) .. $48,500,000 

Vandenberg Air Force Base, California.Family housing (120 units) .. $30,906,000 

MacDill Air Force Base, Florida ..... Family housing (61 units) .... $21,723,000 

...................................................... Housing maintenance facility $1,250,000 

Whiteman Air Force Base, Missouri Family housing (160 units) .. $37,087,000 

Seymour Johnson Air Force Base, 

North Carolina.

Family housing (167 units) .. $32,693,000 

Goodfellow Air Force Base, Texas ... Family housing (127 units) .. $20,604,000 

Defense Wide: Extension of 2005 Project Authorizations 

Installation or Location Agency and 

Project Amount 

Naval Air Station, Oceana, Virginia ..... DLA bulk fuel storage 

tank.

$3,589,000 

Naval Air Station, Jacksonville, Florida TMA hospital project ....... $28,438,000 

Army National Guard: Extension of 2005 Project Authorizations 

Installation or Location Project Amount 

Dublin, California .................................. Readiness center .............. $11,318,000 

Gary, Indiana ......................................... Reserve center .................. $9,380,000 

Army Reserve: Extension of 2005 Project Authorization 

Installation or Location Project Amount 

Corpus Christi (Robstown), Texas ........ Storage facility ................. $9,038,000 

1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2004 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2701 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2004 (division B of Public Law 108–136; 117 Stat. 

6 1716), authorizations set forth in the tables in subsection 

7 (b), as provided in section 2302 or 2601 of that Act and 

8 extended by section 2702 of the Military Construction Au9 thorization Act for Fiscal Year 2007 (division B of Public 

10 Law 109–364; 120 Stat. 2464), shall remain in effect 


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1 until October 1, 2008, or the date of the enactment of 

2 an Act authorizing funds for military construction for fis3 cal year 2009, whichever is later. 

4 (b) TABLES.—The table referred to in subsection (a) 

5 is as follows: 

Air Force: Extension of 2004 Project Authorizations 

Installation or Location Project Amount 

Travis Air Force Base, California .... Family housing (56 units) .... $12,723,000 

Eglin Air Force Base, Florida ......... Family housing (279 units) .. $32,166,000 

Army National Guard: Extension of 2004 Project Authorizations 

Installation or Location Project Amount 

Albuquerque, New Mexico ................ Readiness center .................... $2,533,000 

Fort Indiantown Gap, Pennsylvania Multi-purpose training range $15,338,000 

6 SEC. 2704. EFFECTIVE DATE. 

7 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI 

8 of this Act shall take effect on the later of— 

9 (1) October 1, 2007; or 

10 (2) the date of the enactment of this Act. 

11 TITLE P—MILITARY CONSTRUC12 TION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

Sec. 2801. Temporary authority to support revitalization of Department of Defense laboratories through unspecified minor military construction projects. 

Sec. 2802. Increased threshold for congressional notification of leases for military family housing facilities in foreign countries. 

Sec. 2803. Limitation on use of alternative authority for acquisition and improvement of military housing for privatization of temporary 

lodging facilities. 

Sec. 2804. Expansion of authority to exchange reserve component facilities. 

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


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Sec. 2806. Authority to use operation and maintenance funds for construction 

projects outside the United States. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Continued consolidation of real property provisions without substantive change. 

Sec. 2812. Cooperative agreement authority for management of cultural resources on certain sites outside military installations. 

Sec. 2813. Agreements to limit encroachments and other constraints on military training, testing, and operations. 

Sec. 2814. Expansion to all military departments of Army pilot program for 

purchase of certain municipal services for military installations. 

Sec. 2815. Retention of proceeds from enhanced use leases at Selfridge Air National Guard Base. 

Sec. 2816. Prohibition on commercial flights into Selfridge Air National Guard 

Base. 

Sec. 2817. Niagara Air Reserve Base, New York, basing report. 

Subtitle C—Base Closure and Realignment 

Sec. 2821. Transfer of funds from Department of Defense Base Closure Account 2005 to Department of Defense Housing Funds. 

Sec. 2822. Conditions on transfer of military personnel and civilian employees 

to Fort Belvoir, Virginia, as part of realignment of the installation. 

Subtitle D—Land Conveyances 

Sec. 2831. Conditions on acquisition of land for expansion of Pinon Canyon 

Maneuver Site, Colorado. 

Sec. 2832. Grant of easement, Eglin Air Force Base, Florida. 

Sec. 2833. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida. 

Sec. 2834. Additional conditions on lease of property for headquarters facility 

for United States Southern Command, Florida. 

Sec. 2835. Transfer of jurisdiction, former Nike missile site, Grosse Isle, Michigan. 

Sec. 2836. Land Exchange, Fort Hood, Texas. 

Sec. 2837. Exchange of jurisdiction over real property involving Fort Belvoir, 

Virginia. 

Sec. 2838. Modification of conveyance authority, Marine Corps Base, Camp 

Pendleton, California. 

Subtitle E—Energy Security 

Sec. 2851. Repeal of congressional notification requirement regarding cancellation ceiling for Department of Defense energy savings performance contracts. 

Sec. 2852. Report on opportunities for leveraging funds of the Department of 

Defense and States to prevent disruption in event of electric 

grid or pipeline failures. 

Sec. 2853. Use of energy efficient lighting fixtures and bulbs in Department 

of Defense facilities. 

Sec. 2854. Department of Defense requirements regarding use of renewable energy to meet at least 25 percent of Department electricity 

needs. 


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Subtitle F—Other Matters 

Sec. 2861. Revised deadline for transfer of Arlington Naval Annex to Arlington 

National Cemetery. 

Sec. 2862. Transfer of jurisdiction over Air Force Memorial to Department of 

the Air Force. 

Sec. 2863. Establishment of national military working dog teams monument on 

suitable military installation. 

Sec. 2864. Naming housing facility at Fort Carson, Colorado, in honor of the 

Honorable Joel Hefley, a former member of the United States 

House of Representatives. 

Sec. 2865. Naming Navy and Marine Corps Reserve Center at Rock Island, Illinois, in honor of the Honorable Lane Evans, a former member of the United States House of Representatives. 

Sec. 2866. Naming of research laboratory at Air Force Rome Research Site, 

Rome, New York, in honor of the Honorable Sherwood L. 

Boehlert, a former member of the United States House of Representatives. 

Sec. 2867. Naming of administration building at Joint Systems Manufacturing 

Center, Lima, Ohio, in honor of the Honorable Michael G. 

Oxley, a former member of the United States House of Representatives. 

Sec. 2868. Naming of Logistics Automation Training Facility, Army Quartermaster Center and School, Fort Lee, Virginia, in honor of General Richard H. Thompson. 

1 Subtitle A—Military Construction 

2 Program and Military Family 

3 Housing Changes 

4 SEC. 2801. TEMPORARY AUTHORITY TO SUPPORT REVITAL5 IZATION OF DEPARTMENT OF DEFENSE LAB6 ORATORIES THROUGH UNSPECIFIED MINOR 

7 MILITARY CONSTRUCTION PROJECTS. 

8 (a) LABORATORY REVITALIZATION.—Section 2805 of 

9 title 10, United States Code, is amended— 

10 (1) by redesignating subsection (d) as sub11 section (e); and 

12 (2) by inserting after subsection (c) the fol13 lowing new subsection (d): 


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1 ‘‘(d) LABORATORY REVITALIZATION.—(1) For the 

2 revitalization and recapitalization of laboratories owned by 

3 the United States and under the jurisdiction of the Sec4 retary concerned, the Secretary concerned may obligate 

5 and expend— 

6 ‘‘(A) from appropriations available to the Sec7 retary concerned for operation and maintenance, 

8 amounts necessary to carry out an unspecified minor 

9 military construction project costing not more than 

10 $2,000,000; or 

11 ‘‘(B) from appropriations available to the Sec12 retary concerned for military construction not other13 wise authorized by law, amounts necessary to carry 

14 out an unspecified minor military construction 

15 project costing not more than $5,000,000. 

16 ‘‘(2) For an unspecified minor military construction 

17 project conducted pursuant to this subsection, $2,000,000 

18 shall be deemed to be the amount specified in subsection 

19 (b)(1) regarding when advance approval of the project by 

20 the Secretary concerned and congressional notification is 

21 required. The Secretary of Defense shall establish proce22 dures for the review and approval of requests from the 

23 Secretary of a military department to carry out a con24 struction project under this subsection. 


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1 ‘‘(3) For purposes of this subsection, the total 

2 amount allowed to be applied in any one fiscal year to 

3 projects at any one laboratory shall be limited to the larger 

4 of the amounts applicable under paragraph (1). 

5 ‘‘(4) Not later than February 1, 2010, the Secretary 

6 of Defense shall submit to the congressional defense com7 mittees a report on the use of the authority provided by 

8 this subsection. The report shall include a list and descrip9 tion of the construction projects carried out under this 

10 subsection, including the location and cost of each project. 

11 ‘‘(5) In this subsection, the term ‘laboratory’ in12 cludes— 

13 ‘‘(A) a research, engineering, and development 

14 center; and 

15 ‘‘(B) a test and evaluation activity. 

16 ‘‘(6) The authority to carry out a project under this 

17 subsection expires on September 30, 2012.’’. 

18 (b) STYLISTIC AMENDMENTS.—Such section is fur19 ther amended— 

20 (1) in subsection (a), by inserting ‘‘AUTHORITY

21 TO CARRY OUT UNSPECIFIED MINOR MILITARY

22 CONSTRUCTION PROJECTS.—’’ after ‘‘(a)’’; 

23 (2) in subsection (b), by inserting ‘‘APPROVAL

24 AND CONGRESSIONAL NOTIFICATION.—’’ after 

25 ‘‘(b)’’; 


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1 (3) in subsection (c), by inserting ‘‘USE OF OP2 ERATION AND MAINTENANCE FUNDS.—’’ after 

3 ‘‘(c)’’; and 

4 (4) in subsection (e), as redesignated by sub5 section (a)(1), by inserting ‘‘PROHIBITION ON USE

6 FOR NEW HOUSING UNITS.—’’ after ‘‘(e)’’. 

7 SEC. 2802. INCREASED THRESHOLD FOR CONGRESSIONAL 

8 NOTIFICATION OF LEASES FOR MILITARY 

9 FAMILY HOUSING FACILITIES IN FOREIGN 

10 COUNTRIES. 

11 Section 2828(f) of title 10, United States Code, is 

12 amended by striking ‘‘$500,000’’ and inserting 

13 ‘‘$1,000,000’’. 

14 SEC. 2803. LIMITATION ON USE OF ALTERNATIVE AUTHOR15 ITY FOR ACQUISITION AND IMPROVEMENT 

16 OF MILITARY HOUSING FOR PRIVATIZATION 

17 OF TEMPORARY LODGING FACILITIES. 

18 (a) PRIVATIZATION LIMITED TO PILOT PROGRAM.— 

19 Section 2878 of title 10, United States Code, is amended 

20 by adding at the end the following new subsection: 

21 ‘‘(e) LIMITATION ON PRIVATIZATION OF TEMPORARY

22 LODGING FACILITIES.—Notwithstanding any other provi23 sion of this subchapter, the privatization of temporary 

24 lodging facilities under this subchapter shall be limited to 


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1 a pilot program to be conducted by the Secretary of the 

2 Army at the following military installations: 

3 ‘‘(1) Redstone Arsenal, Alabama. 

4 ‘‘(2) Fort Rucker, Alabama. 

5 ‘‘(3) Yuma Proving Ground, Arizona. 

6 ‘‘(4) Fort McNair, District of Columbia. 

7 ‘‘(5) Fort Shafter, Hawaii. 

8 ‘‘(6) Tripler Army Medical Center, Hawaii. 

9 ‘‘(7) Fort Leavenworth, Kansas. 

10 ‘‘(8) Fort Riley, Kansas. 

11 ‘‘(9) Fort Polk, Louisiana. 

12 ‘‘(10) Fort Sill, Oklahoma. 

13 ‘‘(11) Fort Hood, Texas. 

14 ‘‘(12) Fort Sam Houston, Texas. 

15 ‘‘(13) Fort Myer, Virginia.’’. 

16 (b) REPORTING REQUIREMENTS.— 

17 (1) REPORT BY SECRETARY OF THE ARMY.— 

18 Not later than June 1, 2009, the Secretary of the 

19 Army shall submit to the congressional defense com20 mittees and the Comptroller General a report that— 

21 (A) describes the implementation of the 

22 pilot program authorized by subsection (e) of 

23 section 2878 of title 10, United States Code, as 

24 added by this section, at the military installa25 tions specified in such subsection; 


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1 (B) evaluates the efficiency of the pro2 gram; and 

3 (C) contains such recommendations as the 

4 Secretary considers appropriate regarding ex5 pansion of the program. 

6 (2) REPORT BY COMPTROLLER GENERAL.—Not 

7 later than February 1, 2010, the Comptroller Gen8 eral shall submit to the congressional defense com9 mittees a review of the pilot program and of the re10 port of the Secretary. 

11 SEC. 2804. EXPANSION OF AUTHORITY TO EXCHANGE RE12 SERVE COMPONENT FACILITIES. 

13 Section 18240(a) of title 10, United States Code is 

14 amended by striking ‘‘with a State’’ in the first sentence 

15 and inserting ‘‘with an Executive agency (as defined in 

16 section 105 of title 5), the United States Postal Service, 

17 a State’’. 

18 SEC. 2805. EXTENSION OF AUTHORITY TO ACCEPT CASH 

19 EQUALIZATION PAYMENTS FOR RESERVE 

20 COMPONENT FACILITY EXCHANGES. 

21 Section 2809(c)(5) of the Military Construction Au22 thorization Act for Fiscal Year 2005 (division B of Public 

23 Law 108–375; 118 Stat. 2126) is amended by striking 

24 ‘‘September 30, 2007’’ and inserting ‘‘September 30, 

25 2010’’. 


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1 SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTE2 NANCE FUNDS FOR CONSTRUCTION 

3 PROJECTS OUTSIDE THE UNITED STATES. 

4 (a) ONE-YEAR EXTENSION OF AUTHORITY.—Sub5 section (a) of section 2808 of the Military Construction 

6 Authorization Act for Fiscal Year 2004 (division B of 

7 Public Law 108–136; 117 Stat. 1723), as amended by sec8 tion 2810 of the Military Construction Authorization Act 

9 for Fiscal Year 2005 (division B of Public Law 108–375; 

10 118 Stat. 2128), section 2809 of the Military Construction 

11 Authorization Act for Fiscal Year 2006 (division B of 

12 Public Law 109–163; 119 Stat. 3508), and section 2802 

13 of the Military Construction Authorization Act for Fiscal 

14 Year 2007 (division B of Public Law 109–364; 120 Stat. 

15 2466), is further amended by striking ‘‘2007’’ and insert16 ing ‘‘2008’’. 

17 (b) REPEAL OF QUARTERLY REPORTS; ADVANCE

18 NOTICE OF CERTAIN PROJECTS.—Such section is further 

19 amended— 

20 (1) in subsection (b), by striking ‘‘Within seven 

21 days after’’ and inserting ‘‘Except with respect to a 

22 construction project described in subsection (d), 

23 within seven days after’’; 

24 (2) by striking subsection (d) and inserting the 

25 following new subsection: 


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1 ‘‘(d) ADVANCE NOTICE OF CERTAIN CONSTRUCTION

2 PROJECTS.—When a decision is made to use appropriated 

3 funds available for operation and maintenance to carry out 

4 a construction project outside the United States that has 

5 an estimated cost in excess of the amounts authorized for 

6 unspecified minor military construction projects under 

7 section 2805(c) of title 10, United States Code, the Sec8 retary of Defense shall notify the congressional commit9 tees specified in subsection (f) of that decision, including 

10 the information required by subsection (b). The project 

11 may then be carried out only after the end of the 21-day 

12 period beginning on the date the notification is received 

13 by the committees or, if earlier, the end of the 14-day pe14 riod beginning on the date on which a copy of the notifica15 tion is provided in an electronic medium pursuant to sec16 tion 480 of title 10, United States Code. If notice is pro17 vided under this subsection with respect to a project, no18 tice is not required under subsection (b) with respect to 

19 the same project.’’; and 

20 (3) by striking subsection (g) and inserting the 

21 following new subsection: 

22 ‘‘(g) EFFECT OF FAILURE TO SUBMIT PROJECT NO23 TIFICATIONS.—If the notices regarding the obligation of 

24 the funds for a construction project required by subsection 

25 (b) or (d) is not submitted to the congressional committees 


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1 specified in subsection (f) by the required date, appro2 priated funds available for operation and maintenance 

3 may not be obligated or expended after that date under 

4 the authority of this section to carry out construction 

5 projects outside the United States until the date on which 

6 the notice is finally submitted.’’. 

7 Subtitle B—Real Property and 

8 Facilities Administration 

9 SEC. 2811. CONTINUED CONSOLIDATION OF REAL PROP10 ERTY PROVISIONS WITHOUT SUBSTANTIVE 

11 CHANGE. 

12 (a) CONSOLIDATION.—Section 2663 of title 10, 

13 United States Code, is amended by adding at the end the 

14 following new subsection: 

15 ‘‘(h) LAND ACQUISITION OPTIONS IN ADVANCE OF

16 MILITARY CONSTRUCTION PROJECTS.—(1) The Secretary 

17 of a military department may acquire an option on a par18 cel of real property before or after its acquisition is au19 thorized by law, if the Secretary considers it suitable and 

20 likely to be needed for a military project of the military 

21 department under the jurisdiction of the Secretary. 

22 ‘‘(2) As consideration for an option acquired under 

23 paragraph (1), the Secretary may pay, from funds avail24 able to the military department under the jurisdiction of 

25 the Secretary for real property activities, an amount that 


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1 is not more than 12 percent of the appraised fair market 

2 value of the property.’’. 

3 (b) REPEAL OF SUPERSEDED PROVISION.— 

4 (1) REPEAL.—Section 2677 of such title is re5 pealed. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of chapter 159 of such title 

8 is amended by striking the item relating to section 

9 2677. 

10 SEC. 2812. COOPERATIVE AGREEMENT AUTHORITY FOR 

11 MANAGEMENT OF CULTURAL RESOURCES ON 

12 CERTAIN SITES OUTSIDE MILITARY INSTAL13 LATIONS. 

14 (a) EXPANDED AUTHORITY.—Section 2684 of title 

15 10, United States Code, is amended— 

16 (1) in subsection (a), by striking ‘‘on a military 

17 installation’’ and inserting ‘‘located on a site author18 ized by subsection (b)’’; 

19 (2) by redesignating subsections (b) and (c) as 

20 subsections (c) and (d), respectively; and 

21 (3) by inserting after subsection (a) the fol22 lowing new subsection (b): 

23 ‘‘(b) AUTHORIZED CULTURAL RESOURCES SITES.— 

24 To be covered by a cooperative agreement under sub25 section (a), cultural resources must be located— 


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1 ‘‘(1) on a military installation; or 

2 ‘‘(2) on a site outside of a military installation, 

3 but only if the cooperative agreement will directly re4 lieve or eliminate current or anticipated restrictions 

5 that would or might restrict, impede, or otherwise 

6 interfere, whether directly or indirectly, with current 

7 or anticipated military training, testing, or oper8 ations on a military installation.’’. 

9 (b) CULTURAL RESOURCE DEFINED.—Subsection 

10 (d) of such section, as redesignated by subsection (a)(2), 

11 is amended by adding at the end the following new para12 graph: 

13 ‘‘(5) An Indian sacred site, as defined in section 

14 1(b)(iii) of Executive Order No. 13007.’’. 

15 SEC. 2813. AGREEMENTS TO LIMIT ENCROACHMENTS AND 

16 OTHER CONSTRAINTS ON MILITARY TRAIN17 ING, TESTING, AND OPERATIONS. 

18 (a) MANAGEMENT OF NATURAL RESOURCES OF AC19 QUIRED PROPERTY.—Subsection (d) of section 2684a of 

20 title 10, United States Code, is amended— 

21 (1) by redesignating paragraphs (3), (4), (5), 

22 and (6) as paragraphs (4), (5), (6), and (7), respec23 tively; and 

24 (2) by inserting after paragraph (2) the fol25 lowing new paragraph (3): 


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1 ‘‘(3) An agreement with an eligible entity under this 

2 section may provide for the management of natural re3 sources on real property in which the Secretary concerned 

4 acquires any right, title, or interest in accordance with this 

5 subsection and for the payment by the United States of 

6 all or a portion of the costs of such natural resource man7 agement if the Secretary concerned determines that there 

8 is a demonstrated need to preserve or restore habitat for 

9 the purpose described in subsection (a)(2).’’. 

10 (b) LIMITATION ON PORTION OF ACQUISITION COSTS

11 BORNE BY UNITED STATES.—Paragraph (4)(C) of such 

12 subsection, as redesignated by subsection (a)(1), is amend13 ed by striking ‘‘equal to the fair market value’’ and all 

14 that follows through the period at the end and inserting 

15 ‘‘equal to, at the discretion of the Secretary concerned— 

16 ‘‘(i) the fair market value of any property or in17 terest in property to be transferred to the United 

18 States upon the request of the Secretary concerned 

19 under paragraph (5); or 

20 ‘‘(ii) the cumulative fair market value of all 

21 properties or interests to be transferred to the 

22 United States under paragraph (5) pursuant to an 

23 agreement under subsection (a).’’. 


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1 SEC. 2814. EXPANSION TO ALL MILITARY DEPARTMENTS OF 

2 ARMY PILOT PROGRAM FOR PURCHASE OF 

3 CERTAIN MUNICIPAL SERVICES FOR MILI4 TARY INSTALLATIONS. 

5 (a) EXPANSION OF PILOT PROGRAM.—Section 325 

6 of the Ronald W. Reagan National Defense Authorization 

7 Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 

8 2461 note) is amended— 

9 (1) in the section heading, by striking ‘‘ARMY’’ 

10 and inserting ‘‘MILITARY’’; 

11 (2) in subsection (a)— 

12 (A) by striking ‘‘Secretary of the Army’’ 

13 and inserting ‘‘Secretary of a military depart14 ment’’; and 

15 (B) by striking ‘‘an Army installation’’ and 

16 inserting ‘‘a military installation under the ju17 risdiction of the Secretary’’; and 

18 (3) in subsection (d), by striking ‘‘The Sec19 retary’’ and inserting ‘‘The Secretary of a military 

20 department’’. 

21 (b) PARTICIPATING INSTALLATIONS.—Subsection (c) 

22 of such section is amended by striking ‘‘two Army installa23 tions’’ and inserting ‘‘three military installations of each 

24 branch of the Armed Forces’’. 


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1 (c) EXTENSION OF DURATION OF PROGRAM.—Such 

2 section is further amended by striking subsections (e) and 

3 (f) and inserting the following new subsection: 

4 ‘‘(e) TERMINATION OF PILOT PROGRAM.—The pilot 

5 program shall terminate on September 30, 2012. Any con6 tract entered into under the pilot program shall terminate 

7 not later than that date.’’. 

8 SEC. 2815. RETENTION OF PROCEEDS FROM ENHANCED 

9 USE LEASES AT SELFRIDGE AIR NATIONAL 

10 GUARD BASE. 

11 Notwithstanding section 2667(e) of title 10, United 

12 States Code, or any other provision of law to the contrary, 

13 the proceeds derived from the execution of an enhanced 

14 use lease at Selfridge Air National Guard Base shall not 

15 be disbursed outside of that military installation. 

16 SEC. 2816. PROHIBITION ON COMMERCIAL FLIGHTS INTO 

17 SELFRIDGE AIR NATIONAL GUARD BASE. 

18 The Secretary of Defense shall prohibit the use of 

19 Selfridge Air National Guard Base by commercial service 

20 aircraft. 

21 SEC. 2817. NIAGARA AIR RESERVE BASE, NEW YORK, BAS22 ING REPORT. 

23 Not later than December 1, 2007, the Secretary of 

24 the Air Force shall submit to the congressional defense 

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1 rent and future aviation assets that the Secretary expects 

2 will be based at Niagara Air Reserve Base, New York. 

3 The report shall include a description of all of the aviation 

4 assets that will be impacted by the series of relocations 

5 to be made to or from Niagara Air Reserve Base and the 

6 timeline for such relocations. 

7 Subtitle C—Base Closure and 

8 Realignment 

9 SEC. 2821. TRANSFER OF FUNDS FROM DEPARTMENT OF 

10 DEFENSE BASE CLOSURE ACCOUNT 2005 TO 

11 DEPARTMENT OF DEFENSE HOUSING FUNDS. 

12 (a) TRANSFER AUTHORITY.—Subsection (c) of sec13 tion 2883 of title 10, United States Code, is amended— 

14 (1) in paragraph (1), by adding at the end the 

15 following new subparagraph: 

16 ‘‘(G) Subject to subsection (f), any amounts 

17 that the Secretary of Defense transfers to that Fund 

18 from amounts in the Department of Defense Base 

19 Closure Account 2005.’’; and 

20 (2) in paragraph (2), by adding at the end the 

21 following new subparagraph: 

22 ‘‘(G) Subject to subsection (f), any amounts 

23 that the Secretary of Defense transfers to that Fund 

24 from amounts in the Department of Defense Base 

25 Closure Account 2005.’’. 


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1 (b) NOTIFICATION.—Subsection (f) of such section is 

2 amended by striking ‘‘paragraph (1)(B) or (2)(B)’’ and 

3 inserting ‘‘subparagraph (B) or (G) of paragraph (1) or 

4 subparagraph (B) or (G) of paragraph (2)’’. 

5 SEC. 2822. CONDITIONS ON TRANSFER OF MILITARY PER6 SONNEL AND CIVILIAN EMPLOYEES TO FORT 

7 BELVOIR, VIRGINIA, AS PART OF REALIGN8 MENT OF THE INSTALLATION. 

9 Notwithstanding section 2904(a)(5) of the Defense 

10 Base Closure and Realignment Act of 1990 (part A of title 

11 XXIX of Public Law 101–510; 10 U.S.C. 2687 note), 

12 members of the Armed Forces and civilian employees of 

13 the Department of Defense who are scheduled to be relo14 cated to Fort Belvoir, Virginia, as a result of the closure 

15 of leased-office space in Arlington, Virginia, pursuant to 

16 the recommendations contained in the report transmitted 

17 to Congress on September 15, 2005, under section 

18 2903(e) of such Act may not be relocated to Fort Belvoir, 

19 until— 

20 (1) the Secretary of the Army submits to Con21 gress written certification that the necessary trans22 portation infrastructure, as identified by the environ23 mental impact statement prepared by the Depart24 ment of the Army for the Fort Belvoir realignment, 

25 to accommodate the total number of members and 


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1 civilian employees to be assigned to Fort Belvior and 

2 their dependents, is substantially completed; and 

3 (2) the 60-day period beginning on the date on 

4 which the certification is submitted under paragraph 

5 (1) expires. 

6 Subtitle D—Land Conveyances 

7 SEC. 2831. CONDITIONS ON ACQUISITION OF LAND FOR EX8 PANSION OF PINON CANYON MANEUVER 

9 SITE, COLORADO. 

10 (a) IMPOSITION OF CONDITIONS.—After completion 

11 of the review required by the National Environmental Pol12 icy Act of 1969 (42 U.S.C. 4321 et seq.), if the Secretary 

13 of the Army decides to acquire real property or an interest 

14 in real property located near the Pinon Canyon Maneuver 

15 Site in the State of Colorado (in this section referred to 

16 as the ‘‘Site’’) for the purpose of expanding the Site, the 

17 acquisition of such real property shall be subject to the 

18 requirements of this section. 

19 (b) LIMITATION ON EXPANSION METHODS.—The 

20 Secretary of the Army shall not tender an offer for the 

21 acquisition of, or employ condemnation, eminent domain, 

22 or seizure of, real property, or interest in real property, 

23 for the purpose of expanding the Site until the Secretary 

24 has complied with the following: 


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1 (1) NEPA REVIEW.—The Secretary of the 

2 Army shall complete the requisite reviews under the 

3 National Environmental Policy Act of 1969 (42 

4 U.S.C. 4321 et seq.). 

5 (2) USE OF NEGOTIATION.—The Secretary of 

6 the Army shall comply with the Uniform Relocation 

7 Assistance and Real Property Acquisition Policies 

8 Act of 1970 (42 U.S.C. 4601 et seq.) by making 

9 every reasonable effort to acquire by negotiation the 

10 real property, or interest in real property, such as a 

11 lease or easement. 

12 (3) ARBITRATION.—Notwithstanding, and in 

13 lieu of, any other provision of law regarding arbitra14 tion or alternate dispute resolution, the Secretary of 

15 the Army shall notify the property owner or owners 

16 of their right to seek third party arbitration, as 

17 identified in this paragraph, and of the desire of the 

18 Secretary to conclude a negotiated agreement as to 

19 the value of the real property or interest in real 

20 property sought for acquisition by the Secretary. If 

21 the property owner or owners and the Army do not 

22 reach an agreement within 90 days after the Army 

23 has provided such notice, on the request of the prop24 erty owner or owners to the Secretary, the matter 

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1 lution within a period of 90 days from the date of 

2 referral. The decision of the arbitrator will be bind3 ing. 

4 (c) CONDITIONS ON ARBITRATION.— 

5 (1) CONDITIONS.—Arbitration under subsection 

6 (b)(3) shall be subject to the following conditions: 

7 (A) The cost of such arbitration shall be 

8 the responsibility of the Secretary of the Army. 

9 (B) The Secretary of the Army shall iden10 tify at least three neutral third parties with ex11 perience in conducting arbitrations as to real 

12 property values and shall make this information 

13 available to the property owner or owners. 

14 (C) The issue of property value shall be re15 ferred to an arbitrator selected by the property 

16 owner or owners from the neutral third parties 

17 identified by the Secretary of the Army pursu18 ant to subparagraph (B). 

19 (D) The Army shall reimburse the prop20 erty owner or owners for reasonable costs in21 curred in pursuing the arbitration as estab22 lished by the arbitrator. 

23 (2) ARBITRATOR POWERS AND IMMUNITIES.— 

24 An arbitrator selected under paragraph (1)(C) to 

25 whom an action is referred under this section shall 


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1 have the power within the acquisition process to con2 duct arbitration hearings, to administer oaths and 

3 affirmations, and to make decisions as to the value 

4 of the real property or interest in real property sub5 ject to arbitration. An individual serving as arbitra6 tors pursuant to this section is entitled to the immu7 nities and protections provided by law. 

8 (d) COMMUNITY PLANNING ASSISTANCE.—A commu9 nity adversely impacted by the acquisition by the Sec10 retary of the Army of real property for the purpose of ex11 panding the Site shall be deemed to be eligible for adjust12 ment assistance under section 2391(b) of title 10, United 

13 States Code. The Secretary shall consult with the Gov14 ernor of Colorado regarding other steps that may be taken 

15 to address impacts on local governments and affected com16 munities. 

17 (e) CONSULTATION REGARDING RESULTING STATUS

18 OF ACQUIRED LAND.—The Secretary of the Army shall 

19 consult with the Secretary of Interior regarding the status 

20 of any real property acquired for the purpose of expanding 

21 the Site for purposes of payments to local governments 

22 under section 6901 of title 31, United States Code. 

23 (f) ACCESS.— 

24 (1) ACCESS TO CULTURAL AND HISTORIC

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1 sonable access to cultural and historic sites within 

2 the Site. 

3 (2) GRAZING.—Where appropriate and under 

4 reasonable conditions, the Secretary of the Army 

5 shall allow the grazing of livestock within the Site. 

6 (g) FOREST SERVICE LANDS.—If the Secretary of 

7 the Army seeks to use real property for military purposes 

8 in the area of interest, which as of the date of the enact9 ment of this Act were managed by the Secretary of Agri10 culture, the Secretary of the Army shall— 

11 (1) secure a special use permit, including terms 

12 and conditions for such use that are agreed to by 

13 the Secretary of the Army and the Secretary of Ag14 riculture; or 

15 (2) upon agreement with the Secretary of Agri16 culture, enter into an interchange of lands under the 

17 authority of section 1 of the Act of July 26, 1956 

18 (16 U.S.C. 505a). 

19 (h) STATE LANDS.—The Secretary of the Army shall 

20 seek to reach agreement with the Governor of Colorado 

21 on terms, conditions, and reasonable compensation under 

22 which lands in the area of interest owned by the State 

23 of Colorado can be used for military purposes. 


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1 SEC. 2832. GRANT OF EASEMENT, EGLIN AIR FORCE BASE, 

2 FLORIDA. 

3 (a) GRANT REQUIRED.—The Secretary of the Air 

4 Force shall use the authority provided by section 2668 of 

5 title 10, United States Code, to grant to the Mid Bay 

6 Bridge Authority an easement for a roadway right-of-way 

7 over such land at Eglin Air Force Base, Florida, as the 

8 Secretary determines necessary to facilitate the construc9 tion of a road connecting the northern landfall of the Mid 

10 Bay Bridge to Florida State Highway 85. 

11 (b) CONSIDERATION.—As consideration for the grant 

12 of the easement under subsection (a), the Mid Bay Bridge 

13 Authority shall pay to the Secretary an amount equal to 

14 the fair-market-value of the easement, as determined by 

15 the Secretary. 

16 (c) COSTS OF PROJECT.—As a condition of the grant 

17 of the easement under subsection (a), the Mid Bay Bridge 

18 Authority shall be responsible for all costs associated with 

19 the highway project described in such subsection, includ20 ing all costs the Secretary determines to be necessary to 

21 address any impacts that the project may have on the de22 fense missions at Eglin Air Force Base. 

23 SEC. 2833. LAND CONVEYANCE, LYNN HAVEN FUEL DEPOT, 

24 LYNN HAVEN, FLORIDA. 

25 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

26 the Air Force may convey to Florida State University (in 


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1 this section referred to as the ‘‘’University’’) all right, 

2 title, and interest of the United States in and to a parcel 

3 of real property, including improvements thereon, con4 sisting of approximately 40 acres located at the Lynn 

5 Haven Fuel Depot in Lynn Haven, Florida, for the pur6 pose of permitting the University to develop the property 

7 as a new satellite campus. 

8 (b) CONSIDERATION.— 

9 (1) IN GENERAL.—For the conveyance of the 

10 property under subsection (a), the University shall 

11 provide the United States with consideration in an 

12 amount that is acceptable to the Secretary, whether 

13 in the form of cash payment, in-kind consideration, 

14 or a combination thereof. 

15 (2) REDUCED TUITION RATES.—The Secretary 

16 may accept as in-kind consideration under para17 graph (1) reduced tuition rates or scholarships for 

18 military personnel and their dependents at the Uni19 versity. 

20 (c) PAYMENT OF COSTS OF CONVEYANCES.— 

21 (1) PAYMENT REQUIRED.—The Secretary shall 

22 require the University to cover costs to be incurred 

23 by the Secretary, or to reimburse the Secretary for 

24 costs incurred by the Secretary, to carry out the 

25 conveyance under subsection (a), including survey 


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1 costs, related to the conveyance. If amounts are col2 lected from the University in advance of the Sec3 retary incurring the actual costs, and the amount 

4 collected exceeds the costs actually incurred by the 

5 Secretary to carry out the conveyance, the Secretary 

6 shall refund the excess amount to the University. 

7 (2) TREATMENT OF AMOUNTS RECEIVED.— 

8 Amounts received under paragraph (1) as reim9 bursement for costs incurred by the Secretary to 

10 carry out the conveyance under subsection (a) shall 

11 be credited to the fund or account that was used to 

12 cover the costs incurred by the Secretary in carrying 

13 out the conveyance. Amounts so credited shall be 

14 merged with amounts in such fund or account and 

15 shall be available for the same purposes, and subject 

16 to the same conditions and limitations, as amounts 

17 in such fund or account. 

18 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

19 and legal description of the real property to be conveyed 

20 under subsection (a) shall be determined by a survey satis21 factory to the Secretary. 

22 (e) ADDITIONAL TERM AND CONDITIONS.—The Sec23 retary may require such additional terms and conditions 

24 in connection with the conveyance under subsection (a) as 


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1 the Secretary considers appropriate to protect the inter2 ests of the United States. 

3 SEC. 2834. ADDITIONAL CONDITIONS ON LEASE OF PROP4 ERTY FOR HEADQUARTERS FACILITY FOR 

5 UNITED STATES SOUTHERN COMMAND, 

6 FLORIDA. 

7 (a) USE OF PROPERTY AUTHORIZED.—Subject to 

8 subsection (b), the Secretary of the Army may utilize the 

9 property of the State of Florida described in sublease 

10 number 4489–01, which was entered into between the 

11 State of Florida and the United States, for the purpose 

12 of construction of a consolidated headquarters facility for 

13 the United States Southern Command. 

14 (b) NEGOTIATION FOR ADDITIONAL AUTHORIZED

15 USES OF PROPERTY.—Given the substantial investment 

16 to be made by the United States to construct a head17 quarters facility for the United States Southern Command 

18 on the property referred to in subsection (a), the Secretary 

19 shall enter into negotiations to secure, before the award 

20 of a contract for the construction of the facility, additional 

21 flexibility for the United States to use the property for 

22 general administrative purposes for any Federal agency, 

23 including in the event the property is no longer used for 

24 the United States Southern Command. 


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1 (c) ACQUISITION OF ADDITIONAL PROPERTY.—The 

2 Secretary may obtain the use of additional State lands ad3 jacent to the property referred to in subsection (a), if 

4 available by the terms of the lease referred to in such sub5 section and needed to complete the construction of the 

6 headquarters facility for the United States Southern Com7 mand. Subsection (b) shall apply with respect to any addi8 tional property secured under this subsection. 

9 SEC. 2835. TRANSFER OF JURISDICTION, FORMER NIKE 

10 MISSILE SITE, GROSSE ISLE, MICHIGAN. 

11 (a) TRANSFER.—Administrative jurisdiction over the 

12 property described in subsection (b) is hereby transferred 

13 from the Administrator of the Environmental Protection 

14 Agency to the Secretary of the Interior. 

15 (b) PROPERTY DESCRIBED.—The property referred 

16 to in subsection (a) is the former Nike missile site located 

17 at the southern end of Grosse Ile, Michigan, as depicted 

18 on the map entitled ‘‘07–CE’’ on file with the Environ19 mental Protection Agency and dated May 16, 1984. 

20 (c) ADMINISTRATION OF PROPERTY.—Subject to 

21 subsection (d), the Secretary of the Interior shall admin22 ister the property described in subsection (b)— 

23 (1) acting through the United States Fish and 

24 Wildlife Service; 


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1 (2) as part of the Detroit River International 

2 Wildlife Refuge; and 

3 (3) for use as a habitat for fish and wildlife and 

4 as a recreational property for outdoor education and 

5 environmental appreciation. 

6 (d) MANAGEMENT OF REMEDIATION BY ARMY CORPS

7 OF ENGINEERS.—The Secretary of Defense, acting 

8 through the district office of the Army Corps of Engineers 

9 in Louisville, Kentucky, shall manage and carry out envi10 ronmental remediation activities with respect to the prop11 erty described in subsection (b) that, at a minimum, 

12 achieve the standard that the United States Fish and 

13 Wildlife Service determines sufficient to allow the property 

14 to be used as provided in subsection (c)(3). Such remedi15 ation activities, with the exception of long-term moni16 toring, shall be completed to achieve that standard not 

17 later than two years after the date of enactment of this 

18 Act. The Secretary of Defense may use amounts made 

19 available from the account established by section 

20 2703(a)(5) of title 10, United States Code, to carry out 

21 such remediation. 

22 (e) SAVINGS PROVISION.—Nothing in this section 

23 shall be construed to affect or limit the application of, or 

24 any obligation to comply with, any environmental law, in25 cluding the Comprehensive Environmental Response, 


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1 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 

2 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 

3 et seq.). 

4 SEC. 2836. LAND EXCHANGE, FORT HOOD, TEXAS. 

5 (a) EXCHANGE AUTHORIZED.—The Secretary of the 

6 Army may convey to the City of Copperas Cove, Texas 

7 (in this section referred to as the ‘‘City’’), all right, title, 

8 and interest of the United States in and to a parcel of 

9 real property, including any improvements thereon, con10 sisting of approximately 200 acres at Fort Hood, Texas, 

11 for the purpose of permitting the City to improve arterial 

12 transportation routes in the community. 

13 (b) CONSIDERATION.—As consideration for the con14 veyance under subsection (a), the City shall convey to the 

15 Secretary all right, title, and interest of the City in and 

16 to one or more parcels of real property that are acceptable 

17 to the Secretary. The fair market value of the real prop18 erty acquired by the Secretary under this subsection shall 

19 be equal to the fair market value of the real property con20 veyed under subsection (a), as determined by appraisals 

21 acceptable to the Secretary. 

22 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

23 and legal description of the real property to be exchanged 

24 under this section shall be determined by surveys satisfac25 tory to the Secretary. 


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1 (d) PAYMENT OF COSTS OF CONVEYANCES.— 

2 (1) PAYMENT REQUIRED.—The Secretary shall 

3 require the City to cover costs to be incurred by the 

4 Secretary, or to reimburse the Secretary for costs in5 curred by the Secretary, to carry out the convey6 ances under this section, including survey costs, re7 lated to the conveyances. If amounts are collected 

8 from the City in advance of the Secretary incurring 

9 the actual costs, and the amount collected exceeds 

10 the costs actually incurred by the Secretary to carry 

11 out the conveyances, the Secretary shall refund the 

12 excess amount to the City. 

13 (2) TREATMENT OF AMOUNTS RECEIVED.— 

14 Amounts received under paragraph (1) as reim15 bursement for costs incurred by the Secretary to 

16 carry out the conveyances under this section shall be 

17 credited to the fund or account that was used to 

18 cover the costs incurred by the Secretary in carrying 

19 out the conveyances. Amounts so credited shall be 

20 merged with amounts in such fund or account and 

21 shall be available for the same purposes, and subject 

22 to the same conditions and limitations, as amounts 

23 in such fund or account. 

24 (e) ADDITIONAL TERM AND CONDITIONS.—The Sec25 retary may require such additional terms and conditions 


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1 in connection with the conveyances under this section as 

2 the Secretary considers appropriate to protect the inter3 ests of the United States. 

4 SEC. 2837. EXCHANGE OF JURISDICTION OVER REAL PROP5 ERTY INVOLVING FORT BELVOIR, VIRGINIA. 

6 (a) EXCHANGE.—Not later than September 30, 

7 2008, the Administrator of General Services and the Sec8 retary of the Army shall enter into an agreement providing 

9 for a property exchange under which— 

10 (1) the Administrator transfers to the jurisdic11 tion, custody, and control of the Secretary— 

12 (A) the parcel of real property described in 

13 subsection (b), including any improvements 

14 thereon; or 

15 (B) subject to a boundary determination 

16 by the Administrator and concurrence by the 

17 Secretary, a portion of the parcel of real prop18 erty described in subsection (b), including any 

19 improvements on that portion; and 

20 (2) the Secretary transfers to the jurisdiction, 

21 custody, and control of the Administrator a parcel of 

22 real property described in subsection (c). 

23 (b) GSA PROPERTY DESCRIPTION.—The property 

24 and improvements referred to in subsection (a)(1) is the 

25 approximately 72.23 acre site at 6999 Loisdale Road in 


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1 Springfield, Virginia, known as the GSA Franconia Ware2 house, identified in the land records of Fairfax County, 

3 Virginia, as Parcel ID # 0902–01–0057, Lee District tax 

4 district 4000. 

5 (c) ARMY PROPERTY DESCRIPTION.— 

6 (1) IN GENERAL.—The property referred to in 

7 subsection (a)(2) is a parcel of real property accept8 able to the Administrator located at either— 

9 (A) Fort Belvoir, Virginia; or 

10 (B) another installation under the jurisdic11 tion of the Department of Army in the National 

12 Capital Region. 

13 (2) IMPROVEMENTS.—The parcel of real prop14 erty selected for transfer may include improvements 

15 on the property made by the Army before the date 

16 of the enactment of this Act. 

17 (d) NEGOTIATION.— 

18 (1) TERMS AND CONDITIONS.—As a condition 

19 of the exchange of property under subsection (a), 

20 the agreement under such subsection shall provide 

21 that the fair market value of the properties to be ex22 changed shall be equal or equalized through the use 

23 of a cash equalization payment. 


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1 (2) DETERMINATION OF FAIR MARKET

2 VALUE.—For purposes of paragraph (1), the fair 

3 market value of the property shall be determined— 

4 (A) based on the highest and best use of 

5 the property, as determined by an independent 

6 appraisal jointly commissioned by the Adminis7 trator and the Secretary of the Army; and 

8 (B) using the definition of fair market 

9 value contained in the Uniform Appraisal 

10 Standards for Federal Land Acquisitions. 

11 (e) NO EFFECT ON COMPLIANCE WITH ENVIRON12 MENTAL LAWS.—Nothing in this section may be construed 

13 to affect or limit the application of, or obligation to comply 

14 with, any environmental law, including section 120(h) of 

15 the Comprehensive Environmental Response, Compensa16 tion, and Liability Act of 1980 (42 U.S.C. 9620(h)). 

17 (f) USE OF PROPERTY.—After completion of the ex18 change of property under subsection (a), the Secretary 

19 may relocate personnel to facilities to be constructed or 

20 leased (or a combination of both) on the property who oth21 erwise would be located or relocated to Fort Belvoir. 

22 (g) RELOCATION OF PERSONNEL, EQUIPMENT, AND

23 SUPPLIES.— 

24 (1) IN GENERAL.—Subject to paragraph (2), 

25 the Administrator may procure and provide space 


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1 for the relocation of personnel, equipment, and sup2 plies of the General Services Administration and its 

3 tenants on property transferred under subsection 

4 (a)(1). 

5 (2) NOTICE TO COMMITTEES.—Before under6 taking an activity under paragraph (1) that other7 wise would require approval of a prospectus under 

8 section 3307 of title 40, United States Code, the Ad9 ministrator shall provide to the Committee on 

10 Transportation and Infrastructure of the House of 

11 Representatives, the Committee on Environment and 

12 Public Works of the Senate, and the congressional 

13 defense committees a written notice containing a de14 scription of the activity to be undertaken. 

15 (3) RELOCATION COSTS.—As a condition of the 

16 transfer of property under subsection (a), the Sec17 retary shall agree— 

18 (A) to advance funds to the Administrator 

19 to cover the costs projected to be incurred by 

20 the Administrator, based on an estimate of such 

21 costs prepared by the Administrator, for relo22 cating personnel, equipment, and supplies of 

23 the General Services Administration and its 

24 tenants from the property; and 


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1 (B) if the initial advance of funds is insuf2 ficient, to advance additional funds to the Ad3 ministrator in accordance with a revised or sup4 plemental estimate prepared by the Adminis5 trator. 

6 (4) EXCESS FUNDS.—The Administrator shall 

7 return to the Secretary any funds received under 

8 paragraph (3) that are not used for the purposes de9 scribed in such paragraph. 

10 (h) ADDITIONAL TERMS AND CONDITIONS.—The Ad11 ministrator and the Secretary of the Army may require 

12 such additional terms and conditions in connection with 

13 the exchange under subsection (a) as the Administrator, 

14 in consultation with the Secretary, determines appropriate 

15 to protect the interests of the United States and further 

16 the purposes of this section. 

17 SEC. 2838. MODIFICATION OF CONVEYANCE AUTHORITY, 

18 MARINE CORPS BASE, CAMP PENDLETON, 

19 CALIFORNIA. 

20 Section 2851(a) of the Military Construction Author21 ization Act for Fiscal Year 1999 (division B of Public Law 

22 105–261; 112 Stat. 2219) is amended by striking ‘‘, not23 withstanding any provision of State law to the contrary,’’, 

24 as added by section 2867 of Public Law 107–107 (115 

25 Stat. 1334). 


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1 Subtitle E—Energy Security 

2 SEC. 2851. REPEAL OF CONGRESSIONAL NOTIFICATION RE3 QUIREMENT REGARDING CANCELLATION 

4 CEILING FOR DEPARTMENT OF DEFENSE EN5 ERGY SAVINGS PERFORMANCE CONTRACTS. 

6 Section 2913 of title 10, United States Code, is 

7 amended by striking subsection (e). 

8 SEC. 2852. REPORT ON OPPORTUNITIES FOR LEVERAGING 

9 FUNDS OF THE DEPARTMENT OF DEFENSE 

10 AND STATES TO PREVENT DISRUPTION IN 

11 EVENT OF ELECTRIC GRID OR PIPELINE 

12 FAILURES. 

13 Not later than 180 days after the date of the enact14 ment of this Act, the Secretary of Defense, acting through 

15 the Under Secretary of Defense for Acquisition, Tech16 nology, and Logistics, shall submit to the congressional 

17 defense committees a report on approaches by which the 

18 Department of Defense may contribute funds and other 

19 resources of the Department, which when combined with 

20 resources from other funding sources, such as State Sys21 tem Benefit Trust Funds, Clean Air Act State Implemen22 tation Funds, and State Homeland Security Critical Infra23 structure Grants, will accelerate efforts to harden critical 

24 functions on and around military and security facilities to 


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1 prevent disruption in the event of major electric grid or 

2 natural gas or petroleum pipeline failures. 

3 SEC. 2853. USE OF ENERGY EFFICIENT LIGHTING FIXTURES 

4 AND BULBS IN DEPARTMENT OF DEFENSE 

5 FACILITIES. 

6 (a) CONSTRUCTION AND ALTERATION OF BUILD7 INGS.—Each building constructed or significantly altered 

8 by the Secretary of Defense or the Secretary of a military 

9 department shall be equipped, to the maximum extent fea10 sible as determined by the Secretary concerned, with light11 ing fixtures and bulbs that are energy efficient. 

12 (b) MAINTENANCE OF BUILDINGS.—Each lighting 

13 fixture or bulb that is replaced in the normal course of 

14 maintenance of buildings under the jurisdiction of the Sec15 retary of Defense or the Secretary of a military depart16 ment shall be replaced, to the maximum extent feasible 

17 as determined by the Secretary concerned, with a lighting 

18 fixture or bulb that is energy efficient. 

19 (c) CONSIDERATIONS.—In making a determination 

20 under this section concerning the feasibility of installing 

21 a lighting fixture or bulb that is energy efficient, the Sec22 retary of Defense or the Secretary of a military depart23 ment shall consider— 

24 (1) the life cycle cost effectiveness of the fixture 

25 or bulb; 


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1 (2) the compatibility of the fixture or bulb with 

2 existing equipment; 

3 (3) whether use of the fixture or bulb could re4 sult in interference with productivity; 

5 (4) the aesthetics relating to use of the fixture 

6 or bulb; and 

7 (5) such other factors as the Secretary con8 cerned determines appropriate. 

9 (d) ENERGY STAR.—A lighting fixture or bulb shall 

10 be treated as being energy efficient for purposes of this 

11 section if— 

12 (1) the fixture or bulb is certified under the En13 ergy Star program established by section 324A of 

14 the Energy Policy and Conservation Act (42 U.S.C. 

15 6294a); or 

16 (2) the Secretary of Defense or the Secretary of 

17 a military department has otherwise determined that 

18 the fixture or bulb is energy efficient. 

19 (e) SIGNIFICANT ALTERATIONS.—A building shall be 

20 treated as being significantly altered for purposes of sub21 section (a) if the alteration is subject to congressional au22 thorization under section 2802 of title 10, United States 

23 Code. 

24 (f) WAIVER AUTHORITY.—The Secretary of Defense 

25 may waive the requirements of this section if the Secretary 


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1 determines that such a waiver is necessary to protect the 

2 national security interests of the United States. 

3 (g) EFFECTIVE DATE.—The requirements of sub4 sections (a) and (b) shall take effect one year after the 

5 date of the enactment of this Act. 

6 SEC. 2854. DEPARTMENT OF DEFENSE REQUIREMENTS RE7 GARDING USE OF RENEWABLE ENERGY TO 

8 MEET AT LEAST 25 PERCENT OF DEPART9 MENT ELECTRICITY NEEDS. 

10 Subsection (e) of section 2911 of title 10, United 

11 States Code, is amended to read as follows: 

12 ‘‘(e) USE OF RENEWABLE ENERGY TO MEET ELEC13 TRICITY NEEDS.—(1) The Secretary of Defense shall en14 sure that the Department of Defense— 

15 ‘‘(A) produces or procures, from renewable en16 ergy sources, not less than 25 percent of the total 

17 quantity of electric energy it consumes within its fa18 cilities and in its activities during fiscal year 2025 

19 and each fiscal year thereafter; and 

20 ‘‘(B) produces or procures electric energy from 

21 renewable energy sources whenever the use of such 

22 renewable energy sources is consistent with the en23 ergy performance goals and energy performance plan 

24 for the Department and supported by the special 

25 considerations specified in subsection (c). 


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1 ‘‘(2) In order to achieve the 25-percent requirement 

2 specified in paragraph (1)(A) by fiscal year 2025, the Sec3 retary of Defense shall establish annual incremental goals 

4 for the production or procurement of electric energy from 

5 renewable energy sources for the electric energy needs of 

6 the Department. The annual reports on the energy man7 agement implementation plan and the annual energy man8 agement report shall include information regarding the 

9 progress made towards meeting the annual incremental 

10 goals and 25-percent requirement. 

11 ‘‘(3) The Secretary of Defense, the Secretary of a 

12 military department, or a Defense agency may not use any 

13 means of third-party financing, including energy savings 

14 performance contracts, enhanced use leases, utility energy 

15 service contracts, utility privatization agreements, or other 

16 related contractual mechanisms, to achieve the 25-percent 

17 requirement specified in paragraph (1)(A). Renewable en18 ergy produced through any means of third-party financing 

19 will not count towards the achievement of the 25-percent 

20 requirement. 

21 ‘‘(4) The Secretary of Defense may waive the require22 ments of subparagraph (A) or (B) of paragraph (1) if the 

23 Secretary— 

24 ‘‘(A) determines that the waiver is in the best 

25 interests of the Department of Defense; and 


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1 ‘‘(B) notifies the congressional defense commit2 tees of the waiver, including the reasons for the 

3 waiver. 

4 ‘‘(5) In this subsection: 

5 ‘‘(A) The term ‘renewable energy sources’ has 

6 the meaning given that term in section 203(b) of the 

7 Energy Policy Act of 2005 (42 U.S.C. 15852(b)). 

8 ‘‘(B) The term ‘energy savings performance 

9 contract’ has the meaning given that term in section 

10 804(3) of the National Energy Conservation Policy 

11 Act (42 U.S.C. 8287c). 

12 ‘‘(C) The term ‘enhanced use lease’ means a 

13 lease under section 2667 of this title. 

14 ‘‘(D) The term ‘utility energy service contract’ 

15 means a contract under section 2913 of this title. 

16 ‘‘(E) The term ‘utility privatization authority’ 

17 means the authority provided under section 2668 of 

18 this title.’’. 

19 Subtitle F—Other Matters 

20 SEC. 2861. REVISED DEADLINE FOR TRANSFER OF ARLING21 TON NAVAL ANNEX TO ARLINGTON NA22 TIONAL CEMETERY. 

23 Section 2881(h) of the Military Construction Author24 ization Act for Fiscal Year 2000 (division B of Public Law 

25 106–65; 113 Stat. 880) is amended by striking paraVerDate Aug 31 2005 03:10 Jun 06, 2007 Jkt 059200 PO 00000 Frm 00839 Fmt 6652 Sfmt 6201 E:\BILLS\H1585.PCS H1585

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1 graphs (1) and (2) and inserting the following new para2 graphs: 

3 ‘‘(1) January 1, 2013; 

4 ‘‘(2) the date on which the Navy Annex prop5 erty is no longer required (as determined by the Sec6 retary of Defense) for use as temporary office space; 

7 or 

8 ‘‘(3) one year after the date on which the Sec9 retary of the Army notifies the Secretary of Defense 

10 that the Navy Annex property is needed for the ex11 pansion of Arlington National Cemetery.’’. 

12 SEC. 2862. TRANSFER OF JURISDICTION OVER AIR FORCE 

13 MEMORIAL TO DEPARTMENT OF THE AIR 

14 FORCE. 

15 (a) TRANSFER OF JURISDICTION.—Notwithstanding 

16 section 2881 of the Military Construction Authorization 

17 Act for Fiscal Year 2000 (division B of Public Law 106– 

18 65; 113 Stat. 879) and section 2863 of the Military Con19 struction Authorization Act for Fiscal Year 2002 (division 

20 B of Public Law 107–107; 115 Stat. 1330; 40 U.S.C. 

21 1003 note), administrative jurisdiction, custody, and con22 trol of the parcel of Federal land described in subsection 

23 (b)(1) of such section 2863 is hereby transferred to the 

24 Secretary of the Air Force. 


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1 (b) ACCESS AND MANAGEMENT OF AIR FORCE ME2 MORIAL.—In addition to authorities available to the Sec3 retary of the Air Force under any other provision of law, 

4 the Secretary may enter into a cooperative agreement with 

5 the Air Force Memorial Foundation or other appropriate 

6 private organizations to provide management, mainte7 nance, and repair of the Air Force Memorial and sur8 rounding site and to facilitate public access to the memo9 rial. 

10 SEC. 2863. ESTABLISHMENT OF NATIONAL MILITARY WORK11 ING DOG TEAMS MONUMENT ON SUITABLE 

12 MILITARY INSTALLATION. 

13 (a) AUTHORITY TO ESTABLISH MONUMENT.—The 

14 Secretary of Defense may permit the National War Dogs 

15 Monument, Inc., to establish and maintain, at a suitable 

16 location at Fort Belvoir, Virginia, or another military in17 stallation in the United States, a national monument to 

18 honor the sacrifice and service of United States Armed 

19 Forces working dog teams that have participated in the 

20 military operations of the United States. 

21 (b) LOCATION AND DESIGN OF MONUMENT.—The 

22 actual location and final design of the monument author23 ized by subsection (a) shall be subject to the approval of 

24 the Secretary. In selecting the military installation and 

25 site on such installation to serve as the location for the 


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1 monument, the Secretary shall seek to maximize access 

2 to the resulting monument for both visitors and their dogs. 

3 (c) MAINTENANCE.—The maintenance of the monu4 ment authorized by subsection (a) by the National War 

5 Dogs Monument, Inc., shall be subject to such conditions 

6 regarding access to the monument, and such other condi7 tions, as the Secretary considers appropriate to protect the 

8 interests of the United States. 

9 (d) LIMITATION ON PAYMENT OF EXPENSES.—The 

10 United States Government shall not pay any expense for 

11 the establishment or maintenance of the monument au12 thorized by subsection (a). 

13 SEC. 2864. NAMING HOUSING FACILITY AT FORT CARSON, 

14 COLORADO, IN HONOR OF THE HONORABLE 

15 JOEL HEFLEY, A FORMER MEMBER OF THE 

16 UNITED STATES HOUSE OF REPRESENTA17 TIVES. 

18 (a) FINDINGS.—Congress makes the following find19 ings: 

20 (1) Representative Joel Hefley was elected to 

21 represent Colorado’s 5th Congressional district in 

22 1986 and served in the House of Representatives 

23 until the end of the 109th Congress in 2006 with 

24 distinction, class, integrity, and honor. 


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1 (2) Representative Hefley served on the Com2 mittee on Armed Services of the House of Rep3 resentatives for 18 years, including service as Chair4 man of the Subcommittee on Military Installations 

5 and Facilities from 1995 through 2000 and, from 

6 2001 through 2006, as Chairman of the Sub7 committee on Readiness. 

8 (3) Representative Hefley’s colleagues know 

9 him to be a fair and effective lawmaker who worked 

10 for the national interest while never forgetting his 

11 Western roots. 

12 (4) Representative Hefley’s efforts on the Com13 mittee on Armed Services were instrumental to the 

14 military value of, and quality of life at, installations 

15 in the State of Colorado, including Fort Carson, 

16 Cheyenne Mountain, Peterson Air Force Base, 

17 Schriever Air Force Base, Buckley Air Force Base, 

18 and the United States Air Force Academy. 

19 (5) Representative Hefley was a leader in ef20 forts to retain and expand Fort Carson as an essen21 tial part of the national defense system during the 

22 Defense Base Closure and Realignment process. 

23 (6) Representative Hefley consistently advo24 cated for providing members of the Armed Forces 


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1 and their families with quality, safe, and affordable 

2 housing and supportive communities. 

3 (7) Representative Hefley spearheaded the Mili4 tary Housing Privatization Initiative to eliminate in5 adequate housing on military installations, with the 

6 first pilot program located at Fort Carson. 

7 (8) Representative Hefley’s leadership on the 

8 Military Housing Privatization Initiative allowed for 

9 the privatization of more than 121,000 units of mili10 tary family housing, which brought meaningful im11 provements to living conditions for thousands of 

12 members of the Armed Forces and their spouses and 

13 children at installations throughout the United 

14 States. 

15 (9) It is fitting and proper that an appropriate 

16 military family housing area or structure at Fort 

17 Carson be designated in honor of Representative 

18 Hefley. 

19 (b) DESIGNATION.—Notwithstanding Army Regula20 tion AR 1–33, the Secretary of the Army shall designate 

21 one of the military family housing areas or facilities con22 structed for Fort Carson, Colorado, using the authority 

23 provided by subchapter IV of chapter 169 of title 10, 

24 United States Code, as the ‘‘Joel Hefley Village’’. 


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1 SEC. 2865. NAMING NAVY AND MARINE CORPS RESERVE 

2 CENTER AT ROCK ISLAND, ILLINOIS, IN 

3 HONOR OF THE HONORABLE LANE EVANS, A 

4 FORMER MEMBER OF THE UNITED STATES 

5 HOUSE OF REPRESENTATIVES. 

6 (a) FINDINGS.—Congress makes the following find7 ings: 

8 (1) Representative Lane Evans was elected to 

9 the House of Representatives in 1982 and served in 

10 the House of Representatives until the end of the 

11 109th Congress in 2006 representing the people of 

12 Illinois’ 17th Congressional district. 

13 (2) As a member of the Committee on Armed 

14 Services of the House of Representatives, Represent15 ative Evans worked to bring common sense priorities 

16 to defense spending and strengthen the military’s 

17 conventional readiness. 

18 (3) Representative Evans was a tireless advo19 cate for military veterans, ensuring that veterans re20 ceive the medical care they need and advocating for 

21 individuals suffering from post-traumatic stress dis22 order and Gulf War Syndrome. 

23 (4) Representative Evans’ efforts to improve 

24 the transition of individuals from military service to 

25 the care of the Department of Veterans Affairs will 


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1 continue to benefit generations of veterans long into 

2 the future. 

3 (5) Representative Evans is credited with bring4 ing new services to veterans living in his Congres5 sional district, including outpatient clinics in the 

6 Quad Cities and Quincy and the Quad-Cities Vet 

7 Center. 

8 (6) Representative Evans worked with local 

9 leaders to promote the Rock Island Arsenal, and it 

10 earned new jobs and missions through his support. 

11 (7) In honor of his service in the Marine Corps 

12 and to his district and the United States, it is fitting 

13 and proper that the Navy and Marine Corps Reserve 

14 Center at Rock Island Arsenal be named in honor of 

15 Representative Evans. 

16 (b) DESIGNATION.—The Navy and Marine Corps Re17 serve Center at Rock Island Arsenal, Illinois, shall be 

18 known and designated as the ‘‘Lane Evans Navy and Ma19 rine Corps Reserve Center’’. Any reference in a law, map, 

20 regulation, document, paper, or other record of the United 

21 States to the Navy and Marine Corps Reserve Center at 

22 Rock Island Arsenal shall be deemed to be a reference to 

23 the Lane Evans Navy and Marine Corps Reserve Center. 


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1 SEC. 2866. NAMING OF RESEARCH LABORATORY AT AIR 

2 FORCE ROME RESEARCH SITE, ROME, NEW 

3 YORK, IN HONOR OF THE HONORABLE SHER4 WOOD L. BOEHLERT, A FORMER MEMBER OF 

5 THE UNITED STATES HOUSE OF REPRESENT6 ATIVES. 

7 The new laboratory building at the Air Force Rome 

8 Research Site, Rome, New York, shall be known and des9 ignated as the ‘‘Sherwood Boehlert Center of Excellence 

10 for Information Science and Technology’’. Any reference 

11 in a law, map, regulation, document, paper, or other 

12 record of the United States to such laboratory facility 

13 shall be deemed to be a reference to the Sherwood Boeh14 lert Center of Excellence for Information Science and 

15 Technology. 

16 SEC. 2867. NAMING OF ADMINISTRATION BUILDING AT 

17 JOINT SYSTEMS MANUFACTURING CENTER, 

18 LIMA, OHIO, IN HONOR OF THE HONORABLE 

19 MICHAEL G. OXLEY, A FORMER MEMBER OF 

20 THE UNITED STATES HOUSE OF REPRESENT21 ATIVES. 

22 The administration building under construction at 

23 the Joint Systems Manufacturing Center in Lima, Ohio, 

24 shall be known and designated as the ‘‘Michael G. Oxley 

25 Administration and Technology Center’’. Any reference in 

26 a law, map, regulation, document, paper, or other record 


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1 of the United States to such building shall be deemed to 

2 be a reference to the Michael G. Oxley Administration and 

3 Technology Center. 

4 SEC. 2868. NAMING OF LOGISTICS AUTOMATION TRAINING 

5 FACILITY, ARMY QUARTERMASTER CENTER 

6 AND SCHOOL, FORT LEE, VIRGINIA, IN 

7 HONOR OF GENERAL RICHARD H. THOMP8 SON. 

9 Notwithstanding Army Regulation AR 1–33, the Lo10 gistics Automation Training Facility of the Army Quarter11 master Center and School at Fort Lee, Virginia, shall be 

12 known and designated as the ‘‘General Richard H. 

13 Thompson Logistics Automation Training Facility’’ in 

14 honor of General Richard H. Thompson, the only quarter15 master to have risen from private to full general. Any ref16 erence in a law, map, regulation, document, paper, or 

17 other record of the United States to such facility shall be 

18 deemed to be a reference to the General Richard H. 

19 Thompson Logistics Automation Training Facility. 


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1 DIVISION C—DEPARTMENT OF 

2 ENERGY NATIONAL SECURITY 

3 AUTHORIZATIONS AND 

4 OTHER AUTHORIZATIONS 

5 TITLE XXXI—DEPARTMENT OF 

6 ENERGY NATIONAL SECURITY 

7 PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Sec. 3105. Other atomic energy defense activities. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Study on using existing pits for the Reliable Replacement Warhead 

program. 

Sec. 3112. National Nuclear Security Administration study on nuclear weapons 

complex protective forces. 

Sec. 3113. Report on retirement and dismantlement of nuclear warheads. 

Sec. 3114. Assessment of security risks posed to nuclear weapons complex. 

Sec. 3115. Department of Energy report on plan to strengthen and expand 

International Radiological Threat Reduction program. 

Sec. 3116. Department of Energy report on plan to strengthen and expand Materials Protection, Control, and Accounting program. 

Sec. 3117. Authority to use International Nuclear Materials Protection and Cooperation program funds outside the former Soviet Union. 

Sec. 3118. Increased authority for ombudsman under Energy Employees Occupational Illness Compensation Program. 

8 Subtitle A—National Security 

9 Programs Authorizations 

10 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA11 TION. 

12 Funds are hereby authorized to be appropriated to 

13 the Department of Energy for fiscal year 2008 for the 

14 activities of the National Nuclear Security Administration 


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1 in carrying out programs necessary for national security 

2 in the amount of $9,536,833,000, to be allocated as fol3 lows: 

4 (1) For weapons activities, $6,511,312,000. 

5 (2) For defense nuclear nonproliferation activi6 ties, $1,817,646,000. 

7 (3) For naval reactors, $808,219,000. 

8 (4) For the Office of the Administrator for Nu9 clear Security, $399,656,000. 

10 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

11 Funds are hereby authorized to be appropriated to 

12 the Department of Energy for fiscal year 2008 for defense 

13 environmental cleanup activities in carrying out programs 

14 necessary for national security in the amount of 

15 $5,363,905,000. 

16 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

17 Funds are hereby authorized to be appropriated to 

18 the Department of Energy for fiscal year 2008 for other 

19 defense activities in carrying out programs necessary for 

20 national security in the amount of $763,974,000. 

21 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

22 Funds are hereby authorized to be appropriated to 

23 the Department of Energy for fiscal year 2008 for defense 

24 nuclear waste disposal for payment to the Nuclear Waste 

25 Fund established in section 302(c) of the Nuclear Waste 


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1 Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount 

2 of $292,046,000. 

3 SEC. 3105. OTHER ATOMIC ENERGY DEFENSE ACTIVITIES. 

4 Funds are hereby authorized to be appropriated to 

5 the Department of Energy for fiscal year 2008 for energy 

6 security and assurance programs necessary for national 

7 security in the amount of $6,000,000. 

8 Subtitle B—Program Authoriza9 tions, Restrictions, and Limita10 tions 

11 SEC. 3111. STUDY ON USING EXISTING PITS FOR THE RELI12 ABLE REPLACEMENT WARHEAD PROGRAM. 

13 (a) STUDY REQUIRED.—The Administrator for Nu14 clear Security, in consultation with the Nuclear Weapons 

15 Council, shall carry out a study analyzing the feasibility 

16 of using existing pits to remanufacture warheads for the 

17 Reliable Replacement Warhead (RRW) program. 

18 (b) REPORT.— 

19 (1) IN GENERAL.—Not later than February 1, 

20 2008, the Administrator shall submit to the congres21 sional defense committees a report on the results of 

22 the study. The report shall be in unclassified form, 

23 but may include a classified annex. 


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1 (2) MATTERS INCLUDED.—The report shall 

2 contain the assessment of the Administrator of the 

3 results of the study, including— 

4 (A) an assessment of— 

5 (i) whether using existing pits to re6 manufacture warheads for the RRW pro7 gram is technically feasible; 

8 (ii) whether remanufacturing war9 heads with existing pits is more desirable 

10 than remanufacturing warheads with newly 

11 manufactured pits; 

12 (iii) the number of existing pits suit13 able for such remanufacturing; 

14 (iv) whether proceeding to remanufac15 ture warheads with existing pits before re16 manufacturing warheads with newly manu17 factured pits is desirable; and 

18 (v) the extent to which remanufac19 turing warheads with existing pits, as com20 pared to remanufacturing warheads with 

21 newly manufactured pits, would reduce fu22 ture requirements for new pit production, 

23 and how such use of existing pits would af24 fect the schedule and scope for new pit 

25 production; and 


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1 (B) a comparison of the requirements for 

2 certifying— 

3 (i) warheads remanufactured with ex4 isting pits; 

5 (ii) warheads remanufactured with 

6 newly manufactured pits; and 

7 (iii) warheads maintained by the 

8 Stockpile Life Extension Programs. 

9 (c) DEFINITIONS.—For the purposes of this section, 

10 the terms ‘‘remanufacturing’’ and ‘‘remanufacture’’ mean 

11 the replacement of existing warheads with modern compo12 nents that are designed to increase the reliability, safety, 

13 and surety of the warhead, but that do not alter the yield 

14 of the warhead or affect military characteristics of the 

15 warhead in any way. 

16 (d) FUNDING.—Of the amounts made available pur17 suant to the authorization of appropriations in section 

18 3101(a)(1), such funds as may be necessary shall be avail19 able to carry out this section. 

20 SEC. 3112. NATIONAL NUCLEAR SECURITY ADMINISTRA21 TION STUDY ON NUCLEAR WEAPONS COM22 PLEX PROTECTIVE FORCES. 

23 (a) STUDY REQUIRED.—The Administrator for Nu24 clear Security shall carry out a study on the composition 


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1 of the workforce providing protective forces at the nuclear 

2 weapons complex. 

3 (b) REPORT.—Not later than March 1, 2008, the Ad4 ministrator for Nuclear Security shall submit to the con5 gressional defense committees a report on the results of 

6 the study. The report shall include the following: 

7 (1) An assessment of whether the incentives in8 herent in the use of contractors to provide protective 

9 forces increase or decrease the risk that such protec10 tive forces will be substandard. 

11 (2) Assessments of the feasibility, costs, bene12 fits, and implications of having protective forces at 

13 the nuclear weapons complex be provided by a work14 force comprised— 

15 (A) only of contractor employees; 

16 (B) only of Federal employees; 

17 (C) of both contractor employees and Fed18 eral employees; and 

19 (D) in any other manner that the Adminis20 trator considers appropriate for assessment 

21 under this paragraph. 

22 SEC. 3113. REPORT ON RETIREMENT AND DISMANTLEMENT 

23 OF NUCLEAR WARHEADS. 

24 Not later than February 1, 2008, the Administrator 

25 for Nuclear Security, in consultation with the Nuclear 


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1 Weapons Council, shall submit to the congressional de2 fense committees a report on the retirement and dis3 mantlement of the nuclear warheads that are not part of 

4 the enduring stockpile but that have not yet been retired 

5 or dismantled. The report shall include the following: 

6 (1) The existing plan and schedule for retiring 

7 and dismantling those warheads. 

8 (2) An assessment of the capacity of the Pantex 

9 and Y–12 plants to accommodate an accelerated 

10 schedule for retiring and dismantling those war11 heads. 

12 (3) An assessment of the feasibility of imple13 menting such an accelerated schedule. 

14 SEC. 3114. ASSESSMENT OF SECURITY RISKS POSED TO NU15 CLEAR WEAPONS COMPLEX. 

16 (a) ASSESSMENTS REQUIRED.—The Administrator 

17 for Nuclear Security shall conduct an assessment of— 

18 (1) the physical security risks, and the cyber se19 curity risks, posed to the nuclear weapons complex; 

20 and 

21 (2) the security technologies employed within 

22 the nuclear weapons complex. 

23 (b) REPORT REQUIRED.—Not later than February 1, 

24 2008, the Administrator shall submit to the congressional 


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1 defense committees a report on the assessments conducted 

2 under subsection (a). The report shall include— 

3 (1) for each site within the nuclear weapons 

4 complex, a description of the security technologies 

5 employed at the site and, for each such technology, 

6 the age and maintenance status of the technology; 

7 (2) a description of the methods used by the 

8 Department of Energy to establish priorities among 

9 investments in physical and cyber security programs 

10 and activities; and 

11 (3) a multi-year plan for the lifecycle mainte12 nance (and replacement) of the security technologies 

13 employed within the nuclear weapons complex. 

14 SEC. 3115. DEPARTMENT OF ENERGY REPORT ON PLAN TO 

15 STRENGTHEN AND EXPAND INTERNATIONAL 

16 RADIOLOGICAL THREAT REDUCTION PRO17 GRAM. 

18 Not later than 60 days after the date of the enact19 ment of this Act, the Secretary of Energy shall submit 

20 to Congress a report that sets forth a specific plan for 

21 strengthening and expanding the Department of Energy 

22 International Radiological Threat Reduction (IRTR) pro23 gram within the Global Threat Reduction Initiative. The 

24 plan shall address concerns raised and recommendations 

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1 port of March 13, 2007, titled ‘‘Focusing on the Highest 

2 Priority Radiological Sources Could Improve DOE’s Ef3 forts to Secure Sources in Foreign Countries’’, and shall 

4 specifically include actions to— 

5 (1) improve the Department’s coordination with 

6 the Department of State and the Nuclear Regu7 latory Commission; 

8 (2) improve information-sharing between the 

9 Department and the International Atomic Energy 

10 Agency; 

11 (3) with respect to hospitals and clinics con12 taining radiological sources that receive security up13 grades, give highest priority to those determined to 

14 be the highest risk; 

15 (4) accelerate efforts to remove as many radio16 isotope thermoelectric generators (RTGs) in the 

17 Russian Federation as practicable; 

18 (5) develop a long-term sustainability plan for 

19 security upgrades that includes, among other things, 

20 future resources required to implement such a plan; 

21 and 

22 (6) develop a long-term operational plan that 

23 steadily increases funding for the IRTR program 

24 and ensures sufficient funding to identify, recover, 

25 and secure all vulnerable high-risk radiological 


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1 sources worldwide as quickly and effectively as pos2 sible. 

3 SEC. 3116. DEPARTMENT OF ENERGY REPORT ON PLAN TO 

4 STRENGTHEN AND EXPAND MATERIALS PRO5 TECTION, CONTROL, AND ACCOUNTING PRO6 GRAM. 

7 Not later than 60 days after the date of the enact8 ment of this Act, the Secretary of Energy shall submit 

9 to Congress a specific plan for strengthening and expand10 ing the Department of Energy Materials Protection, Con11 trol, and Accounting (MPC&A) program. The plan shall 

12 address concerns raised and recommendations made by 

13 the Government Accountability Office in its report of Feb14 ruary 2007, titled ‘‘Progress Made in Improving Security 

15 at Russian Nuclear Sites, but the Long-Term Sustain16 ability of U.S. Funded Security Upgrades is Uncertain’’, 

17 and shall specifically include actions to— 

18 (1) strengthen program management and the 

19 effectiveness of the Department’s efforts to improve 

20 security at weapons-usable nuclear material and 

21 warhead sites in the Russian Federation and other 

22 countries by— 

23 (A) revising the metrics used to measure 

24 MPC&A program progress to better reflect the 


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1 level of security upgrade completion at buildings 

2 reported as ‘‘secure’’; 

3 (B) actively working with Russia and other 

4 countries, in coordination with and with the 

5 concurrence of the Secretary of State, to de6 velop an access plan for each country; and 

7 (C) developing a management information 

8 system to track the Department’s progress in 

9 providing Russia with a sustainable MPC&A 

10 system by 2013; and 

11 (2) develop a long-term operational plan that 

12 steadily increases funding for the MPC&A program, 

13 including for National Programs and Sustainability, 

14 and ensures sufficient funding to secure all weapons15 usable nuclear material and warhead sites as quickly 

16 and effectively as possible. 

17 SEC. 3117. AUTHORITY TO USE INTERNATIONAL NUCLEAR 

18 MATERIALS PROTECTION AND COOPERATION 

19 PROGRAM FUNDS OUTSIDE THE FORMER SO20 VIET UNION. 

21 (a) MODIFICATION OF CERTIFICATION REQUIRE22 MENT.—Section 3124 of the National Defense Authoriza23 tion Act for Fiscal Year 2004 (Public Law 108–136; 117 

24 Stat. 1747) is amended in subsection (a)— 


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1 (1) by striking ‘‘the President may’’ and insert2 ing ‘‘the Secretary of Energy may’’; and 

3 (2) by striking ‘‘if the President’’ and inserting 

4 ‘‘if the Secretary of Energy, with the concurrence of 

5 the Secretary of State,’’. 

6 (b) REPEAL OF FUNDING LIMITATION.—Section 

7 3124 of that Act is further amended by striking subsection 

8 (c). 

9 (c) CONGRESSIONAL NOTICE REQUIREMENT.—Sec10 tion 3124 of that Act is further amended in subsection 

11 (d)— 

12 (1) in pararaph (1)— 

13 (A) by striking ‘‘The President may not’’ 

14 and inserting ‘‘The Secretary of Energy may 

15 not’’; and 

16 (B) by striking ‘‘until the President’’ and 

17 inserting ‘‘until the Secretary of Energy’’; 

18 (2) in paragraph (2)— 

19 (A) by striking ‘‘Not later than 10 days 

20 after’’ and inserting ‘‘Not later than 15 days 

21 prior to’’; 

22 (B) by striking ‘‘the President shall’’ and 

23 inserting ‘‘the Secretary of Energy shall’’; and 

24 (C) by striking ‘‘Congress’’ and inserting 

25 ‘‘the Committee on Armed Services and the 


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1 Committee on Foreign Affairs of the House of 

2 Representatives and the Committee on Armed 

3 Services and Committee on Foreign Relations 

4 of the Senate’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(3) In the case of a situation that threatens human 

7 life or safety or where a delay would severely undermine 

8 the national security of the United States, notification 

9 under paragraph (2) shall be made not later than 10 days 

10 after obligating funds under the authority in subsection 

11 (a) for a project or activity.’’. 

12 SEC. 3118. INCREASED AUTHORITY FOR OMBUDSMAN 

13 UNDER ENERGY EMPLOYEES OCCUPATIONAL 

14 ILLNESS COMPENSATION PROGRAM. 

15 Section 3686 of the Energy Employees Occupational 

16 Illness Compensation Program Act of 2000 (42 U.S.C. 

17 7385s–15) is amended— 

18 (1) by amending subsection (c) to read as fol19 lows: 

20 ‘‘(c) DUTIES.—The duties of the Office shall be as 

21 follows: 

22 ‘‘(1) To assist individuals in making claims 

23 under this title. 

24 ‘‘(2) To provide information on the benefits 

25 available under this title and on the requirements 


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1 and procedures applicable to the provision of such 

2 benefits. 

3 ‘‘(3) To act as an advocate on behalf of individ4 uals seeking benefits under this title. 

5 ‘‘(4) To make recommendations to the Sec6 retary regarding the location of centers (to be known 

7 as ‘resource centers’) for the acceptance and devel8 opment of claims for benefits under this title. 

9 ‘‘(5) To carry out such other duties as the Sec10 retary shall specify.’’; and 

11 (2) by striking subsection (g) (establishing a 

12 sunset date) and inserting the following: 

13 ‘‘(g) CONTRACT AUTHORITY.—The Ombudsman 

14 shall have authority to contract for the services of individ15 uals with expertise in relevant disciplines, including health 

16 physics, medicine, industrial hygiene, and toxicology, as 

17 the Ombudsman may from time to time consider appro18 priate. 

19 ‘‘(h) FUNDING.—Effective for appropriations made 

20 for fiscal year 2008 and each fiscal year thereafter, and 

21 notwithstanding section 3684 or any other provision of 

22 this title, or section 151 of division B of the Miscellaneous 

23 Appropriations Act, 2001 (as enacted into law by the Con24 solidated Appropriations Act, 2001 (Public Law 106–554; 

25 114 Stat. 2763A–251)), this section shall not be carried 


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1 out with direct spending under this title. Instead, no funds 

2 shall be obligated for the purpose of carrying out this sec3 tion except funds appropriated specifically for the purpose 

4 of carrying out this section in appropriations Acts enacted 

5 after the date of the enactment of this subsection. There 

6 are authorized to be appropriated such sums as may be 

7 necessary to carry out this section for fiscal year 2008 

8 and each fiscal year thereafter.’’. 

9 TITLE XXXII—DEFENSE NU10 CLEAR FACILITIES SAFETY 

11 BOARD 

Sec. 3201. Authorization. 

12 SEC. 3201. AUTHORIZATION. 

13 There are authorized to be appropriated for fiscal 

14 year 2008, $22,499,000 for the operation of the Defense 

15 Nuclear Facilities Safety Board under chapter 21 of the 

16 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 

17 TITLE XXXIII—NATIONAL 

18 DEFENSE STOCKPILE 

Sec. 3301. Authorized uses of National Defense Stockpile funds. 

Sec. 3302. Revisions to required receipt objectives for previously authorized disposals from the national defense stockpile. 

19 SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE 

20 STOCKPILE FUNDS. 

21 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis22 cal year 2008, the National Defense Stockpile Manager 

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1 tional Defense Stockpile Transaction Fund established 

2 under subsection (a) of section 9 of the Strategic and Crit3 ical Materials Stock Piling Act (50 U.S.C. 98h) for the 

4 authorized uses of such funds under subsection (b)(2) of 

5 such section, including the disposal of hazardous materials 

6 that are environmentally sensitive. 

7 (b) ADDITIONAL OBLIGATIONS.—The National De8 fense Stockpile Manager may obligate amounts in excess 

9 of the amount specified in subsection (a) if the National 

10 Defense Stockpile Manager notifies Congress that extraor11 dinary or emergency conditions necessitate the additional 

12 obligations. The National Defense Stockpile Manager may 

13 make the additional obligations described in the notifica14 tion after the end of the 45-day period beginning on the 

15 date on which Congress receives the notification. 

16 (c) LIMITATIONS.—The authorities provided by this 

17 section shall be subject to such limitations as may be pro18 vided in appropriations Acts. 

19 SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES 

20 FOR PREVIOUSLY AUTHORIZED DISPOSALS 

21 FROM THE NATIONAL DEFENSE STOCKPILE. 

22 (a) FISCAL YEAR 2000 DISPOSAL AUTHORITY.—Sec23 tion 3402(b) of the National Defense Authorization Act 

24 for Fiscal Year 2000 (50 U.S.C. 98d note), as amended 

25 by section 3302 of the National Defense Authorization Act 


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1 for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

2 1788) and section 3302 of the National Defense Author3 ization Act for Fiscal Year 2006 (Public Law 109–163; 

4 119 Stat. 3545), is amended by striking ‘‘$600,000,000 

5 before’’ in paragraph (5) and inserting ‘‘$730,000,000 

6 by’’. 

7 (b) FISCAL YEAR 1999 DISPOSAL AUTHORITY.—Sec8 tion 3303(a) of the Strom Thurmond National Defense 

9 Authorization Act for Fiscal Year 1999 (Public Law 105– 

10 261; 50 U.S.C. 98d note), as amended by section 3302 

11 of the Ronald W. Reagan National Defense Authorization 

12 Act for Year 2005 (Public Law 108–375; 118 Stat. 2193), 

13 section 3302 of the National Defense Authorization Act 

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

15 3545), and section 3302(a) of the John Warner National 

16 Defense Authorization Act for Fiscal Year 2007 (Public 

17 Law 109–364; 120 Stat. 2513), is amended by striking 

18 ‘‘$1,016,000,000 by the end of fiscal year 2014’’ in para19 graph (7) and inserting ‘‘$1,469,102,000 by the end of 

20 fiscal year 2015’’. 

21 TITLE XXXIV—NAVAL 

22 PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

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


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1 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) AMOUNT.—There are hereby authorized to be ap3 propriated to the Secretary of Energy $17,301,000 for fis4 cal year 2008 for the purpose of carrying out activities 

5 under chapter 641 of title 10, United States Code, relating 

6 to the naval petroleum reserves. 

7 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

8 pursuant to the authorization of appropriations in sub9 section (a) shall remain available until expended. 

10 SEC. 3402. REMEDIAL ACTION AT MOAB URANIUM MILLING 

11 SITE. 

12 Section 3405(i) of the Strom Thurmond National De13 fense Authorization Act for Fiscal Year 1999 (Public Law 

14 105–261; 10 U.S.C. 7420 note) by adding at the end the 

15 following new paragraph: 

16 ‘‘(6) Not later than October 1, 2019, the Secretary 

17 of Energy shall complete remediation at the Moab site and 

18 removal of the tailings to the Crescent Junction site in 

19 Utah.’’. 

20 TITLE XXXV—MARITIME 

21 ADMINISTRATION 

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

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

for disposal. 

Sec. 3503. Report of vessel disposal program. 


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1 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS2 CAL YEAR 2008. 

3 Funds are hereby authorized to be appropriated for 

4 fiscal year 2008, to be available without fiscal year limita5 tion if so provided in appropriations Acts, for the use of 

6 the Department of Transportation for the Maritime Ad7 ministration as follows: 

8 (1) For expenses necessary for operations and 

9 training activities, $115,276,000, of which— 

10 (A) $13,850,000 shall remain available 

11 until expended for capital improvements at the 

12 United States Merchant Marine Academy; and 

13 (B) $8,218,000 shall remain available until 

14 expended for maintenance and repair of school 

15 ships at the State Maritime Academies. 

16 (2) For expenses to dispose of obsolete vessels 

17 in the National Defense Reserve Fleet, including 

18 provision of assistance under section 7 of Public 

19 Law 92–402, $20,000,000. 

20 SEC. 3502. TEMPORARY AUTHORITY TO TRANSFER OBSO21 LETE COMBATANT VESSELS TO NAVY FOR 

22 DISPOSAL. 

23 The Secretary of Transportation shall, subject to the 

24 availability of appropriations and consistent with section 

25 1535 of title 31, United States Code, popularly known as 

26 the Economy Act, transfer to the Secretary of the Navy 


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1 during fiscal year 2008 for disposal by the Navy, no fewer 

2 than 3 combatant vessels in the nonretention fleet of the 

3 Maritime Administration that are acceptable to the Sec4 retary of the Navy. 

5 SEC. 3503. REPORT OF VESSEL DISPOSAL PROGRAM. 

6 Not later than October 1, 2007, the Secretary of 

7 Transportation shall submit to the Committee on Armed 

8 Services and the Committee on Transportation and Infra9 structure of the House of Representatives and the Com10 mittee on Commerce, Science, and Transportation of the 

11 Senate a report concerning the current plan for the dis12 posal of non-retention vessels in the National Defense Re13 serve Fleet. The report shall include a listing of the vessels 

14 that the Maritime Administrator determines have the 

15 highest risk for environmental damage to the local estuary 

16 if further deterioration continues, an explanation of the 

17 classification system used to make such determination, 

18 and a detailed plan for the disposal of those vessels identi19 fied as significant environmental risks. 

Passed the House of Representatives May 17, 2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 189 

110TH CONGRESS 

1ST SESSION H. R. 1585 

AN ACT 

To authorize appropriations for fiscal year 2008 for 

and for other purposes. military personnel strengths for such fiscal year, ties of the Department of Energy, to prescribe for military construction, and for defense activimilitary activities of the Department of Defense, 

JUNE 5, 2007 

Read twice and placed on the calendar 


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