H. R. 4986 
One Hundred Tenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Thursday, 
the third day of January, two thousand and eight 
An Act 
To provide for the enactment of the National Defense Authorization Act for Fiscal 
Year 2008, as previously enrolled, with certain modifications to address the foreign 
sovereign immunities provisions of title 28, United States Code, with respect 
to the attachment of property in certain judgments against Iraq, the lapse of 
statutory authorities for the payment of bonuses, special pays, and similar benefits 
for members of the uniformed services, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TREATMENT OF EXPLANATORY STATEMENT. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘National 
Defense Authorization Act for Fiscal Year 2008’’. 
(b) EXPLANATORY STATEMENT.—The Joint Explanatory State-
ment submitted by the Committee of Conference for the conference 
report to accompany H.R. 1585 of the 110th Congress (Report 
110–477) shall be deemed to be part of the legislative history 
of this Act and shall have the same effect with respect to the 
implementation of this Act as it would have had with respect 
to the implementation of H.R. 1585, if such bill had been enacted. 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 
(a) DIVISIONS.—This Act is organized into three divisions as 
follows: 
(1) Division A—Department of Defense Authorizations. 
(2) Division B—Military Construction Authorizations. 
(3) Division C—Department of Energy National Security 
Authorizations and Other Authorizations. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; treatment of explanatory statement. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees. 
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. National Guard and Reserve equipment. 
Subtitle B—Army Programs 
Sec. 111. Multiyear procurement authority for M1A2 Abrams System Enhancement 
Package upgrades. 
Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley fighting vehicle 
upgrades.
H. R. 4986—2 
Sec. 113. Multiyear procurement authority for conversion of CH–47D helicopters to 
CH–47F configuration. 
Sec. 114. Multiyear procurement authority for CH–47F helicopters. 
Sec. 115. Limitation on use of funds for Increment 1 of the Warfighter Information 
Network-Tactical program pending certification to Congress. 
Sec. 116. Prohibition on closure of Army Tactical Missile System production line 
pending report. 
Sec. 117. Stryker Mobile Gun System. 
Subtitle C—Navy Programs 
Sec. 121. Multiyear procurement authority for Virginia-class submarine program. 
Sec. 122. Report on shipbuilding investment strategy. 
Sec. 123. Sense of Congress on the preservation of a skilled United States shipyard 
workforce. 
Sec. 124. Assessments required prior to start of construction on first ship of a ship-
building program. 
Sec. 125. Littoral Combat Ship (LCS) program. 
Subtitle D—Air Force Programs 
Sec. 131. Limitation on Joint Cargo Aircraft. 
Sec. 132. Clarification of limitation on retirement of U–2 aircraft. 
Sec. 133. Repeal of requirement to maintain retired C–130E tactical aircraft. 
Sec. 134. Limitation on retirement of C–130E/H tactical airlift aircraft. 
Sec. 135. Limitation on retirement of KC–135E aerial refueling aircraft. 
Sec. 136. Transfer to Government of Iraq of three C–130E tactical airlift aircraft. 
Sec. 137. Modification of limitations on retirement of B–52 bomber aircraft. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for defense science and technology. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Operational test and evaluation of Future Combat Systems network. 
Sec. 212. Limitation on use of funds for systems development and demonstration 
of Joint Light Tactical Vehicle program. 
Sec. 213. Requirement to obligate and expend funds for development and procure-
ment of a competitive propulsion system for the Joint Strike Fighter. 
Sec. 214. Limitation on use of funds for defense-wide manufacturing science and 
technology program. 
Sec. 215. Advanced Sensor Applications Program. 
Sec. 216. Active protection systems. 
Subtitle C—Ballistic Missile Defense 
Sec. 221. Participation of Director, Operational Test and Evaluation, in missile de-
fense test and evaluation activities. 
Sec. 222. Study on future roles and missions of the Missile Defense Agency. 
Sec. 223. Budget and acquisition requirements for Missile Defense Agency activi-
ties. 
Sec. 224. Limitation on use of funds for replacing warhead on SM–3 Block IIA mis-
sile. 
Sec. 225. Extension of Comptroller General assessments of ballistic missile defense 
programs. 
Sec. 226. Limitation on availability of funds for procurement, construction, and de-
ployment of missile defenses in Europe. 
Sec. 227. Sense of Congress on missile defense cooperation with Israel. 
Sec. 228. Limitation on availability of funds for deployment of missile defense 
interceptors in Alaska. 
Sec. 229. Policy of the United States on protection of the United States and its al-
lies against Iranian ballistic missiles. 
Subtitle D—Other Matters 
Sec. 231. Coordination of human systems integration activities related to acquisi-
tion programs. 
Sec. 232. Expansion of authority for provision of laboratory facilities, services, and 
equipment. 
Sec. 233. Modification of cost-sharing requirement for Technology Transition Initia-
tive. 
Sec. 234. Report on implementation of Manufacturing Technology Program.
H. R. 4986—3 
Sec. 235. Assessment of sufficiency of test and evaluation personnel. 
Sec. 236. Repeal of requirement for separate reports on technology area review and 
assessment summaries. 
Sec. 237. Modification of notice and wait requirement for obligation of funds for for-
eign comparative test program. 
Sec. 238. Strategic Plan for the Manufacturing Technology Program. 
Sec. 239. Modification of authorities on coordination of Defense Experimental Pro-
gram to Stimulate Competitive Research with similar Federal programs. 
Sec. 240. Enhancement of defense nanotechnology research and development pro-
gram. 
Sec. 241. Federally funded research and development center assessment of the De-
fense Experimental Program to Stimulate Competitive Research. 
Sec. 242. Cost-benefit analysis of proposed funding reduction for High Energy 
Laser Systems Test Facility. 
Sec. 243. Prompt global strike. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Subtitle B—Environmental Provisions 
Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in 
connection with Moses Lake Wellfield Superfund Site, Moses Lake, 
Washington. 
Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in 
connection with the Arctic Surplus Superfund Site, Fairbanks, Alaska. 
Sec. 313. Payment to Environmental Protection Agency of stipulated penalties in 
connection with Jackson Park Housing Complex, Washington. 
Sec. 314. Report on control of the brown tree snake. 
Sec. 315. Notification of certain residents and civilian employees at Camp Lejeune, 
North Carolina, of exposure to drinking water contamination. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Availability of funds in Defense Information Systems Agency Working 
Capital Fund for technology upgrades to Defense Information Systems 
Network. 
Sec. 322. Modification to public-private competition requirements before conversion 
to contractor performance. 
Sec. 323. Public-private competition at end of period specified in performance 
agreement not required. 
Sec. 324. Guidelines on insourcing new and contracted out functions. 
Sec. 325. Restriction on Office of Management and Budget influence over Depart-
ment of Defense public-private competitions. 
Sec. 326. Bid protests by Federal employees in actions under Office of Management 
and Budget Circular A–76. 
Sec. 327. Public-private competition required before conversion to contractor per-
formance. 
Sec. 328. Extension of authority for Army industrial facilities to engage in coopera-
tive activities with non-Army entities. 
Sec. 329. Reauthorization and modification of multi-trades demonstration project. 
Sec. 330. Pilot program for availability of working-capital funds to Army for certain 
product improvements. 
Subtitle D—Extension of Program Authorities 
Sec. 341. Extension of Arsenal Support Program Initiative. 
Sec. 342. Extension of period for reimbursement for helmet pads purchased by 
members of the Armed Forces deployed in contingency operations. 
Sec. 343. Extension of temporary authority for contract performance of security 
guard functions. 
Subtitle E—Reports 
Sec. 351. Reports on National Guard readiness for emergencies and major disas-
ters. 
Sec. 352. Annual report on prepositioned materiel and equipment. 
Sec. 353. Report on incremental cost of early 2007 enhanced deployment. 
Sec. 354. Modification of requirements of Comptroller General report on the readi-
ness of Army and Marine Corps ground forces. 
Sec. 355. Plan to improve readiness of ground forces of active and reserve compo-
nents. 
Sec. 356. Independent assessment of Civil Reserve Air Fleet viability.
H. R. 4986—4 
Sec. 357. Department of Defense Inspector General report on physical security of 
Department of Defense installations. 
Sec. 358. Review of high-altitude aviation training. 
Sec. 359. Reports on safety measures and encroachment issues and master plan for 
Warren Grove Gunnery Range, New Jersey. 
Sec. 360. Report on search and rescue capabilities of the Air Force in the north-
western United States. 
Sec. 361. Report and master infrastructure recapitalization plan for Cheyenne 
Mountain Air Station, Colorado. 
Subtitle F—Other Matters 
Sec. 371. Enhancement of corrosion control and prevention functions within De-
partment of Defense. 
Sec. 372. Authority for Department of Defense to provide support for certain sport-
ing events. 
Sec. 373. Authority to impose reasonable restrictions on payment of full replace-
ment value for lost or damaged personal property transported at Gov-
ernment expense. 
Sec. 374. Priority transportation on Department of Defense aircraft of retired mem-
bers residing in Commonwealths and possessions of the United States 
for certain health care services. 
Sec. 375. Recovery of missing military property. 
Sec. 376. Retention of combat uniforms by members of the Armed Forces deployed 
in support of contingency operations. 
Sec. 377. Issue of serviceable material of the Navy other than to Armed Forces. 
Sec. 378. Reauthorization of Aviation Insurance Program. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Sec. 403. Additional authority for increases of Army and Marine Corps active duty 
end strengths for fiscal years 2009 and 2010. 
Sec. 404. Increase in authorized strengths for Army officers on active duty in the 
grade of major. 
Sec. 405. Increase in authorized strengths for Navy officers on active duty in the 
grades of lieutenant commander, commander, and captain. 
Sec. 406. Increase in authorized daily average of number of members in pay grade 
E–9. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2008 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active duty 
for operational support. 
Sec. 416. Future authorizations and accounting for certain reserve component per-
sonnel authorized to be on active duty or full-time National Guard duty 
to provide operational support. 
Sec. 417. Revision of variances authorized for Selected Reserve end strengths. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
TITLE V—MILITARY PERSONNEL POLICY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Assignment of officers to designated positions of importance and responsi-
bility. 
Sec. 502. Enhanced authority for Reserve general and flag officers to serve on ac-
tive duty. 
Sec. 503. Increase in years of commissioned service threshold for discharge of pro-
bationary officers and for use of force shaping authority. 
Sec. 504. Mandatory retirement age for active-duty general and flag officers contin-
ued on active duty. 
Sec. 505. Authority for reduced mandatory service obligation for initial appoint-
ments of officers in critically short health professional specialties. 
Sec. 506. Expansion of authority for reenlistment of officers in their former enlisted 
grade.
H. R. 4986—5 
Sec. 507. Increase in authorized number of permanent professors at the United 
States Military Academy. 
Sec. 508. Promotion of career military professors of the Navy. 
Subtitle B—Reserve Component Management 
Sec. 511. Retention of military technicians who lose dual status in the Selected Re-
serve due to combat-related disability. 
Sec. 512. Constructive service credit upon original appointment of Reserve officers 
in certain health care professions. 
Sec. 513. Mandatory separation of Reserve officers in the grade of lieutenant gen-
eral or vice admiral after completion of 38 years of commissioned serv-
ice. 
Sec. 514. Maximum period of temporary Federal recognition of person as Army Na-
tional Guard officer or Air National Guard officer. 
Sec. 515. Advance notice to members of reserve components of deployment in sup-
port of contingency operations. 
Sec. 516. Report on relief from professional licensure and certification requirements 
for reserve component members on long-term active duty. 
Subtitle C—Education and Training 
Sec. 521. Revisions to authority to pay tuition for off-duty training or education. 
Sec. 522. Reduction or elimination of service obligation in an Army Reserve or 
Army National Guard troop program unit for certain persons selected as 
medical students at Uniformed Services University of the Health 
Sciences. 
Sec. 523. Repeal of annual limit on number of ROTC scholarships under Army Re-
serve and Army National Guard financial assistance program. 
Sec. 524. Treatment of prior active service of members in uniformed medical acces-
sion programs. 
Sec. 525. Repeal of post-2007–2008 academic year prohibition on phased increase 
in cadet strength limit at the United States Military Academy. 
Sec. 526. National Defense University master’s degree programs. 
Sec. 527. Authority of the Air University to confer degree of master of science in 
flight test engineering. 
Sec. 528. Enhancement of education benefits for certain members of reserve compo-
nents. 
Sec. 529. Extension of period of entitlement to educational assistance for certain 
members of the Selected Reserve affected by force shaping initiatives. 
Sec. 530. Time limit for use of educational assistance benefit for certain members 
of reserve components and resumption of benefit. 
Sec. 531. Secretary of Defense evaluation of the adequacy of the degree-granting 
authorities of certain military universities and educational institutions. 
Sec. 532. Report on success of Army National Guard and Reserve Senior Reserve 
Officers’ Training Corps financial assistance program. 
Sec. 533. Report on utilization of tuition assistance by members of the Armed 
Forces. 
Sec. 534. Navy Junior Reserve Officers’ Training Corps unit for Southold, 
Mattituck, and Greenport High Schools. 
Sec. 535. Report on transfer of administration of certain educational assistance pro-
grams for members of the reserve components. 
Subtitle D—Military Justice and Legal Assistance Matters 
Sec. 541. Authority to designate civilian employees of the Federal Government and 
dependents of deceased members as eligible for legal assistance from 
Department of Defense legal staff resources. 
Sec. 542. Authority of judges of the United States Court of Appeals for the Armed 
Forces to administer oaths. 
Sec. 543. Modification of authorities on senior members of the Judge Advocate Gen-
erals’ Corps. 
Sec. 544. Prohibition against members of the Armed Forces participating in crimi-
nal street gangs. 
Subtitle E—Military Leave 
Sec. 551. Temporary enhancement of carryover of accumulated leave for members 
of the Armed Forces. 
Sec. 552. Enhancement of rest and recuperation leave. 
Subtitle F—Decorations and Awards 
Sec. 561. Authorization and request for award of Medal of Honor to Leslie H. Sabo, 
Jr., for acts of valor during the Vietnam War.
H. R. 4986—6 
Sec. 562. Authorization and request for award of Medal of Honor to Henry Svehla 
for acts of valor during the Korean War. 
Sec. 563. Authorization and request for award of Medal of Honor to Woodrow W. 
Keeble for acts of valor during the Korean War. 
Sec. 564. Authorization and request for award of Medal of Honor to Private Philip 
G. Shadrach for acts of valor as one of Andrews’ Raiders during the 
Civil War. 
Sec. 565. Authorization and request for award of Medal of Honor to Private George 
D. Wilson for acts of valor as one of Andrews’ Raiders during the Civil 
War. 
Subtitle G—Impact Aid and Defense Dependents Education System 
Sec. 571. Continuation of authority to assist local educational agencies that benefit 
dependents of members of the Armed Forces and Department of Defense 
civilian employees. 
Sec. 572. Impact aid for children with severe disabilities. 
Sec. 573. Inclusion of dependents of non-Department of Defense employees em-
ployed on Federal property in plan relating to force structure changes, 
relocation of military units, or base closures and realignments. 
Sec. 574. Payment of private boarding school tuition for military dependents in 
overseas areas not served by defense dependents’ education system 
schools. 
Subtitle H—Military Families 
Sec. 581. Department of Defense Military Family Readiness Council and policy and 
plans for military family readiness. 
Sec. 582. Yellow Ribbon Reintegration Program. 
Sec. 583. Study to enhance and improve support services and programs for families 
of members of regular and reserve components undergoing deployment. 
Sec. 584. Protection of child custody arrangements for parents who are members of 
the Armed Forces deployed in support of a contingency operation. 
Sec. 585. Family leave in connection with injured members of the Armed Forces. 
Sec. 586. Family care plans and deferment of deployment of single parent or dual 
military couples with minor dependents. 
Sec. 587. Education and treatment services for military dependent children with 
autism. 
Sec. 588. Commendation of efforts of Project Compassion in paying tribute to mem-
bers of the Armed Forces who have fallen in the service of the United 
States. 
Subtitle I—Other Matters 
Sec. 590. Uniform performance policies for military bands and other musical units. 
Sec. 591. Transportation of remains of deceased members of the Armed Forces and 
certain other persons. 
Sec. 592. Expansion of number of academies supportable in any State under 
STARBASE program. 
Sec. 593. Gift acceptance authority. 
Sec. 594. Conduct by members of the Armed Forces and veterans out of uniform 
during hoisting, lowering, or passing of United States flag. 
Sec. 595. Annual report on cases reviewed by National Committee for Employer 
Support of the Guard and Reserve. 
Sec. 596. Modification of Certificate of Release or Discharge from Active Duty (DD 
Form 214). 
Sec. 597. Reports on administrative separations of members of the Armed Forces 
for personality disorder. 
Sec. 598. Program to commemorate 50th anniversary of the Vietnam War. 
Sec. 599. Recognition of members of the Monuments, Fine Arts, and Archives pro-
gram of the Civil Affairs and Military Government Sections of the 
Armed Forces during and following World War II. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2008 increase in military basic pay. 
Sec. 602. Basic allowance for housing for reserve component members without de-
pendents who attend accession training while maintaining a primary 
residence. 
Sec. 603. Extension and enhancement of authority for temporary lodging expenses 
for members of the Armed Forces in areas subject to major disaster dec-
laration or for installations experiencing sudden increase in personnel 
levels.
H. R. 4986—7 
Sec. 604. Income replacement payments for reserve component members experi-
encing extended and frequent mobilization for active duty service. 
Sec. 605. Midmonth payment of basic pay for contributions of members of the uni-
formed services participating in Thrift Savings Plan. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 610. Correction of lapsed authorities for payment of bonuses, special pays, and 
similar benefits for members of the uniformed services. 
Sec. 611. Extension of certain bonus and special pay authorities for Reserve forces. 
Sec. 612. Extension of certain bonus and special pay authorities for health care pro-
fessionals. 
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 med-
ical officers. 
Sec. 616. Increase in dental officer additional special pay. 
Sec. 617. Increase in maximum monthly rate of hardship duty pay and authority 
to provide hardship duty pay in a lump sum. 
Sec. 618. Definition of sea duty for career sea pay to include service as off-cycle 
crewmembers of multi-crew ships. 
Sec. 619. Reenlistment bonus for members of the Selected Reserve. 
Sec. 620. Availability of Selected Reserve accession bonus for persons who pre-
viously served in the Armed Forces for a short period. 
Sec. 621. Availability of nuclear officer continuation pay for officers with more than 
26 years of commissioned service. 
Sec. 622. Waiver of years-of-service limitation on receipt of critical skills retention 
bonus. 
Sec. 623. Accession bonus for participants in the Armed Forces Health Professions 
Scholarship and Financial Assistance Program. 
Sec. 624. Payment of assignment incentive pay for Reserve members serving in 
combat zone for more than 22 months. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Payment of inactive duty training travel costs for certain Selected Re-
serve members. 
Sec. 632. Survivors of deceased members eligible for transportation to attend burial 
ceremonies. 
Sec. 633. Allowance for participation of Reserves in electronic screening. 
Sec. 634. Allowance for civilian clothing for members of the Armed Forces traveling 
in connection with medical evacuation. 
Sec. 635. Payment of moving expenses for Junior Reserve Officers’ Training Corps 
instructors in hard-to-fill positions. 
Subtitle D—Retired Pay and Survivor Benefits 
Sec. 641. Expansion of combat-related special compensation eligibility. 
Sec. 642. Inclusion of veterans with service-connected disabilities rated as total by 
reason of unemployability under termination of phase-in of concurrent 
receipt of retired pay and veterans’ disability compensation. 
Sec. 643. Recoupment of annuity amounts previously paid, but subject to offset for 
dependency and indemnity compensation. 
Sec. 644. Special survivor indemnity allowance for persons affected by required 
Survivor Benefit Plan annuity offset for dependency and indemnity com-
pensation. 
Sec. 645. Modification of authority of members of the Armed Forces to designate re-
cipients for payment of death gratuity. 
Sec. 646. Clarification of application of retired pay multiplier percentage to mem-
bers of the uniformed services with over 30 years of service. 
Sec. 647. Commencement of receipt of non-regular service retired pay by members 
of the Ready Reserve on active Federal status or active duty for signifi-
cant periods. 
Sec. 648. Computation of years of service for purposes of retired pay for non-reg-
ular service. 
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 
Sec. 651. Authority to continue commissary and exchange benefits for certain invol-
untarily separated members of the Armed Forces. 
Sec. 652. Authorization of installment deductions from pay of employees of non-
appropriated fund instrumentalities to collect indebtedness to the 
United States.
H. R. 4986—8 
Subtitle F—Consolidation of Special Pay, Incentive Pay, and Bonus Authorities 
Sec. 661. Consolidation of special pay, incentive pay, and bonus authorities of the 
uniformed services. 
Sec. 662. Transitional provisions. 
Subtitle G—Other Matters 
Sec. 671. Referral bonus authorities. 
Sec. 672. Expansion of education loan repayment program for members of the Se-
lected Reserve. 
Sec. 673. Ensuring entry into United States after time abroad for permanent resi-
dent alien military spouses and children. 
Sec. 674. Overseas naturalization for military spouses and children. 
Sec. 675. Modification of amount of back pay for members of Navy and Marine 
Corps selected for promotion while interned as prisoners of war during 
World War II to take into account changes in Consumer Price Index. 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Improvements to Military Health Benefits 
Sec. 701. One-year extension of prohibition on increases in certain health care costs 
for members of the uniformed services. 
Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy 
system of pharmacy benefits program. 
Sec. 703. Inclusion of TRICARE retail pharmacy program in Federal procurement 
of pharmaceuticals. 
Sec. 704. Stipend for members of reserve components for health care for certain de-
pendents. 
Sec. 705. Authority for expansion of persons eligible for continued health benefits 
coverage. 
Sec. 706. Continuation of eligibility for TRICARE Standard coverage for certain 
members of the Selected Reserve. 
Sec. 707. Extension of pilot program for health care delivery. 
Sec. 708. Inclusion of mental health care in definition of health care and report on 
mental health care services. 
Subtitle B—Studies and Reports 
Sec. 711. Surveys on continued viability of TRICARE Standard and TRICARE 
Extra. 
Sec. 712. Report on training in preservation of remains under combat or combat- 
related conditions. 
Sec. 713. Report on patient satisfaction surveys. 
Sec. 714. Report on medical physical examinations of members of the Armed Forces 
before their deployment. 
Sec. 715. Report and study on multiple vaccinations of members of the Armed 
Forces. 
Sec. 716. Review of gender- and ethnic group-specific mental health services and 
treatment for members of the Armed Forces. 
Sec. 717. Licensed mental health counselors and the TRICARE program. 
Sec. 718. Report on funding of the Department of Defense for health care. 
Subtitle C—Other Matters 
Sec. 721. Prohibition on conversion of military medical and dental positions to civil-
ian medical and dental positions. 
Sec. 722. Establishment of Joint Pathology Center. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
Sec. 800. Short title. 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Internal controls for procurements on behalf of the Department of De-
fense by certain non-Defense agencies. 
Sec. 802. Lead systems integrators. 
Sec. 803. Reinvestment in domestic sources of strategic materials. 
Sec. 804. Clarification of the protection of strategic materials critical to national se-
curity. 
Sec. 805. Procurement of commercial services. 
Sec. 806. Specification of amounts requested for procurement of contract services. 
Sec. 807. Inventories and reviews of contracts for services. 
Sec. 808. Independent management reviews of contracts for services.
H. R. 4986—9 
Sec. 809. Implementation 
and 
enforcement 
of 
requirements 
applicable 
to 
undefinitized contractual actions. 
Sec. 810. Clarification of limited acquisition authority for Special Operations Com-
mand. 
Subtitle B—Provisions Relating to Major Defense Acquisition Programs 
Sec. 811. Requirements applicable to multiyear contracts for the procurement of 
major systems of the Department of Defense. 
Sec. 812. Changes to Milestone B certifications. 
Sec. 813. Comptroller General report on Department of Defense organization and 
structure for major defense acquisition programs. 
Sec. 814. Clarification of submission of cost or pricing data on noncommercial modi-
fications of commercial items. 
Sec. 815. Clarification of rules regarding the procurement of commercial items. 
Sec. 816. Review of systemic deficiencies on major defense acquisition programs. 
Sec. 817. Investment strategy for major defense acquisition programs. 
Sec. 818. Report on implementation of recommendations on total ownership cost for 
major weapon systems. 
Subtitle C—Amendments to General Contracting Authorities, Procedures, and 
Limitations 
Sec. 821. Plan for restricting Government-unique contract clauses on commercial 
contracts. 
Sec. 822. Extension of authority for use of simplified acquisition procedures for cer-
tain commercial items. 
Sec. 823. Five-year extension of authority to carry out certain prototype projects. 
Sec. 824. Exemption of Special Operations Command from certain requirements for 
certain contracts relating to vessels, aircraft, and combat vehicles. 
Sec. 825. Provision of authority to maintain equipment to unified combatant com-
mand for joint warfighting. 
Sec. 826. Market research. 
Sec. 827. Modification of competition requirements for purchases from Federal Pris-
on Industries. 
Sec. 828. Multiyear contract authority for electricity from renewable energy 
sources. 
Sec. 829. Procurement of fire resistant rayon fiber for the production of uniforms 
from foreign sources. 
Sec. 830. Comptroller General review of noncompetitive awards of congressional 
and executive branch interest items. 
Subtitle D—Accountability in Contracting 
Sec. 841. Commission on Wartime Contracting in Iraq and Afghanistan. 
Sec. 842. Investigation of waste, fraud, and abuse in wartime contracts and con-
tracting processes in Iraq and Afghanistan. 
Sec. 843. Enhanced competition requirements for task and delivery order contracts. 
Sec. 844. Public disclosure of justification and approval documents for noncompeti-
tive contracts. 
Sec. 845. Disclosure of Government contractor audit findings. 
Sec. 846. Protection for contractor employees from reprisal for disclosure of certain 
information. 
Sec. 847. Requirements for senior Department of Defense officials seeking employ-
ment with defense contractors. 
Sec. 848. Report on contractor ethics programs of Major Defense contractors. 
Sec. 849. Contingency contracting training for personnel outside the acquisition 
workforce and evaluations of Army Commission recommendations. 
Subtitle E—Acquisition Workforce Provisions 
Sec. 851. Requirement for section on defense acquisition workforce in strategic 
human capital plan. 
Sec. 852. Department of Defense Acquisition Workforce Development Fund. 
Sec. 853. Extension of authority to fill shortage category positions for certain Fed-
eral acquisition positions. 
Sec. 854. Repeal of sunset of acquisition workforce training fund. 
Sec. 855. Federal acquisition workforce improvements. 
Subtitle F—Contracts in Iraq and Afghanistan 
Sec. 861. Memorandum of understanding on matters relating to contracting. 
Sec. 862. Contractors performing private security functions in areas of combat oper-
ations. 
Sec. 863. Comptroller General reviews and reports on contracting in Iraq and Af-
ghanistan.
H. R. 4986—10 
Sec. 864. Definitions and other general provisions. 
Subtitle G—Defense Materiel Readiness Board 
Sec. 871. Establishment of Defense Materiel Readiness Board. 
Sec. 872. Critical materiel readiness shortfalls. 
Subtitle H—Other Matters 
Sec. 881. Clearinghouse for rapid identification and dissemination of commercial 
information technologies. 
Sec. 882. Authority to license certain military designations and likenesses of weap-
ons systems to toy and hobby manufacturers. 
Sec. 883. Modifications to limitation on contracts to acquire military flight simu-
lator. 
Sec. 884. Requirements relating to waivers of certain domestic source limitations 
relating to specialty metals. 
Sec. 885. Telephone services for military personnel serving in combat zones. 
Sec. 886. Enhanced authority to acquire products and services produced in Iraq and 
Afghanistan. 
Sec. 887. Defense Science Board review of Department of Defense policies and pro-
cedures for the acquisition of information technology. 
Sec. 888. Green procurement policy. 
Sec. 889. Comptroller General review of use of authority under the Defense Produc-
tion Act of 1950. 
Sec. 890. Prevention of export control violations. 
Sec. 891. Procurement goal for Native Hawaiian-serving institutions and Alaska 
Native-serving institutions. 
Sec. 892. Competition for procurement of small arms supplied to Iraq and Afghani-
stan. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Repeal of limitation on major Department of Defense headquarters activi-
ties personnel and related report. 
Sec. 902. Flexibility to adjust the number of deputy chiefs and assistant chiefs. 
Sec. 903. Change in eligibility requirements for appointment to Department of De-
fense leadership positions. 
Sec. 904. Management of the Department of Defense. 
Sec. 905. Revision in guidance relating to combatant command acquisition author-
ity. 
Sec. 906. Department of Defense Board of Actuaries. 
Sec. 907. Modification of background requirement of individuals appointed as 
Under Secretary of Defense for Acquisition, Technology, and Logistics. 
Sec. 908. Assistant Secretaries of the military departments for acquisition matters; 
principal military deputies. 
Sec. 909. Sense of Congress on term of Office of the Director of Operational Test 
and Evaluation. 
Subtitle B—Space Activities 
Sec. 911. Space protection strategy. 
Sec. 912. Biennial report on management of space cadre within the Department of 
Defense. 
Sec. 913. Additional report on oversight of acquisition for defense space programs. 
Subtitle C—Chemical Demilitarization Program 
Sec. 921. Chemical demilitarization citizens advisory commissions. 
Sec. 922. Sense of Congress on completion of destruction of United States chemical 
weapons stockpile. 
Sec. 923. Repeal of certain qualifications requirement for director of chemical de-
militarization management organization. 
Sec. 924. Modification of termination of assistance to State and local governments 
after completion of the destruction of the United States chemical weap-
ons stockpile. 
Subtitle D—Intelligence-Related Matters 
Sec. 931. Technical amendments to title 10, United States Code, arising from en-
actment of the Intelligence Reform and Terrorism Prevention Act of 
2004. 
Subtitle E—Roles and Missions Analysis 
Sec. 941. Requirement for quadrennial roles and missions review.
H. R. 4986—11 
Sec. 942. Joint Requirements Oversight Council additional duties relating to core 
mission areas. 
Sec. 943. Requirement for certification of major systems prior to technology devel-
opment. 
Sec. 944. Presentation of future-years mission budget by core mission area. 
Subtitle F—Other Matters 
Sec. 951. Department of Defense consideration of effect of climate change on De-
partment facilities, capabilities, and missions. 
Sec. 952. Interagency policy coordination. 
Sec. 953. Expansion of employment creditable under service agreements under Na-
tional Security Education Program. 
Sec. 954. Board of Regents for the Uniformed Services University of the Health 
Sciences. 
Sec. 955. Establishment of Department of Defense School of Nursing. 
Sec. 956. Inclusion of commanders of Western Hemisphere combatant commands in 
Board of Visitors of Western Hemisphere Institute for Security Coopera-
tion. 
Sec. 957. Comptroller General assessment of reorganization of the Office of the 
Under Secretary of Defense for Policy. 
Sec. 958. Report on foreign language proficiency. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. United States contribution to NATO common-funded budgets in fiscal 
year 2008. 
Sec. 1003. Authorization of additional emergency supplemental appropriations for 
fiscal year 2007. 
Sec. 1004. Modification of fiscal year 2007 general transfer authority. 
Sec. 1005. Financial management transformation initiative for the Defense Agen-
cies. 
Sec. 1006. Repeal of requirement for two-year budget cycle for the Department of 
Defense. 
Subtitle B—Policy Relating to Vessels and Shipyards 
Sec. 1011. Limitation on leasing of vessels. 
Sec. 1012. Policy relating to major combatant vessels of the strike forces of the 
United States Navy. 
Subtitle C—Counter-Drug Activities 
Sec. 1021. Extension of authority for joint task forces to provide support to law en-
forcement agencies conducting counter-terrorism activities. 
Sec. 1022. Expansion of authority to provide additional support for counter-drug ac-
tivities in certain foreign countries. 
Sec. 1023. Report on counternarcotics assistance for the Government of Haiti. 
Subtitle D—Miscellaneous Authorities and Limitations 
Sec. 1031. Provision of Air Force support and services to foreign military and state 
aircraft. 
Sec. 1032. Department of Defense participation in Strategic Airlift Capability Part-
nership. 
Sec. 1033. Improved authority to provide rewards for assistance in combating ter-
rorism. 
Sec. 1034. Support for non-Federal development and testing of material for chem-
ical agent defense. 
Sec. 1035. Prohibition on sale of F–14 fighter aircraft and related parts. 
Subtitle E—Reports 
Sec. 1041. Extension and modification of report relating to hardened and deeply 
buried targets. 
Sec. 1042. Report on joint modeling and simulation activities. 
Sec. 1043. Renewal of submittal of plans for prompt global strike capability. 
Sec. 1044. Report on workforce required to support the nuclear missions of the 
Navy and the Department of Energy. 
Sec. 1045. Comptroller General report on Defense Finance and Accounting Service 
response to Butterbaugh v. Department of Justice. 
Sec. 1046. Study on size and mix of airlift force. 
Sec. 1047. Report on feasibility of establishing a domestic military aviation national 
training center.
H. R. 4986—12 
Sec. 1048. Limited field user evaluations for combat helmet pad suspension sys-
tems. 
Sec. 1049. Study on national security interagency system. 
Sec. 1050. Report on solid rocket motor industrial base. 
Sec. 1051. Reports on establishment of a memorial for members of the Armed 
Forces who died in the air crash in Bakers Creek, Australia, and estab-
lishment of other memorials in Arlington National Cemetery. 
Subtitle F—Other Matters 
Sec. 1061. Reimbursement for National Guard support provided to Federal agen-
cies. 
Sec. 1062. Congressional Commission on the Strategic Posture of the United 
States. 
Sec. 1063. Technical and clerical amendments. 
Sec. 1064. Repeal of certification requirement. 
Sec. 1065. Maintenance of capability for space-based nuclear detection. 
Sec. 1066. Sense of Congress regarding detainees at Naval Station, Guantanamo 
Bay, Cuba. 
Sec. 1067. A report on transferring individuals detained at Naval Station, Guanta-
namo Bay, Cuba. 
Sec. 1068. Repeal of provisions in section 1076 of Public Law 109–364 relating to 
use of Armed Forces in major public emergencies. 
Sec. 1069. Standards required for entry to military installations in United States. 
Sec. 1070. Revised nuclear posture review. 
Sec. 1071. Termination of Commission on the Implementation of the New Strategic 
Posture of the United States. 
Sec. 1072. Security clearances; limitations. 
Sec. 1073. Improvements in the process for the issuance of security clearances. 
Sec. 1074. Protection of certain individuals. 
Sec. 1075. Modification of authorities on Commission to Assess the Threat to the 
United States from Electromagnetic Pulse Attack. 
Sec. 1076. Sense of Congress on Small Business Innovation Research Program. 
Sec. 1077. Revision of proficiency flying definition. 
Sec. 1078. Qualifications for public aircraft status of aircraft under contract with 
the Armed Forces. 
Sec. 1079. Communications with the Committees on Armed Services of the Senate 
and the House of Representatives. 
Sec. 1080. Retention of reimbursement for provision of reciprocal fire protection 
services. 
Sec. 1081. Pilot program on commercial fee-for-service air refueling support for the 
Air Force. 
Sec. 1082. Advisory panel on Department of Defense capabilities for support of civil 
authorities after certain incidents. 
Sec. 1083. Terrorism exception to immunity. 
TITLE XI—CIVILIAN PERSONNEL MATTERS 
Sec. 1101. Extension of authority to waive annual limitation on total compensation 
paid to Federal civilian employees working overseas under areas of 
United States Central Command. 
Sec. 1102. Continuation of life insurance coverage for Federal employees called to 
active duty. 
Sec. 1103. Transportation of dependents, household effects, and personal property 
to former home following death of Federal employee where death re-
sulted from disease or injury incurred in the Central Command area of 
responsibility. 
Sec. 1104. Special benefits for civilian employees assigned on deployment tem-
porary change of station. 
Sec. 1105. Death gratuity authorized for Federal employees. 
Sec. 1106. Modifications to the National Security Personnel System. 
Sec. 1107. Requirement for full implementation of personnel demonstration project. 
Sec. 1108. Authority for inclusion of certain Office of Defense Research and Engi-
neering positions in experimental personnel program for scientific and 
technical personnel. 
Sec. 1109. Pilot program for the temporary assignment of information technology 
personnel to private sector organizations. 
Sec. 1110. Compensation for Federal wage system employees for certain travel 
hours. 
Sec. 1111. Travel compensation for wage grade personnel. 
Sec. 1112. Accumulation of annual leave by senior level employees. 
Sec. 1113. Uniform allowances for civilian employees. 
Sec. 1114. Flexibility in setting pay for employees who move from a Department of 
Defense or Coast Guard nonappropriated fund instrumentality position 
to a position in the General Schedule pay system.
H. R. 4986—13 
Sec. 1115. Retirement service credit for service as cadet or midshipman at a mili-
tary service academy. 
Sec. 1116. Authorization for increased compensation for faculty and staff of the 
Uniformed Services University of the Health Sciences. 
Sec. 1117. Report on establishment of a scholarship program for civilian mental 
health professionals. 
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. Military-to-military contacts and comparable activities. 
Sec. 1202. Authority for support of military operations to combat terrorism. 
Sec. 1203. Medical care and temporary duty travel expenses for liaison officers of 
certain foreign nations. 
Sec. 1204. Extension and expansion of Department of Defense authority to partici-
pate in multinational military centers of excellence. 
Sec. 1205. Reauthorization of Commanders’ Emergency Response Program. 
Sec. 1206. Authority to build the capacity of the Pakistan Frontier Corps. 
Sec. 1207. Authority to equip and train foreign personnel to assist in accounting for 
missing United States Government personnel. 
Sec. 1208. Authority to provide automatic identification system data on maritime 
shipping to foreign countries and international organizations. 
Sec. 1209. Report on foreign-assistance related programs carried out by the Depart-
ment of Defense. 
Sec. 1210. Extension and enhancement of authority for security and stabilization 
assistance. 
Sec. 1211. Government Accountability Office report on Global Peace Operations Ini-
tiative. 
Sec. 1212. Repeal of limitations on military assistance under the American 
Servicemembers’ Protection Act of 2002. 
Subtitle B—Matters Relating to Iraq and Afghanistan 
Sec. 1221. Modification of authorities relating to the Office of the Special Inspector 
General for Iraq Reconstruction. 
Sec. 1222. Limitation on availability of funds for certain purposes relating to Iraq. 
Sec. 1223. Report on United States policy and military operations in Iraq. 
Sec. 1224. Report on a comprehensive set of performance indicators and measures 
for progress toward military and political stability in Iraq. 
Sec. 1225. Report on support from Iran for attacks against coalition forces in Iraq. 
Sec. 1226. Sense of Congress on the consequences of a failed state in Iraq. 
Sec. 1227. Sense of Congress on federalism in Iraq. 
Sec. 1228. Tracking and monitoring of defense articles provided to the Government 
of Iraq and other individuals and groups in Iraq. 
Sec. 1229. Special Inspector General for Afghanistan Reconstruction. 
Sec. 1230. Report on progress toward security and stability in Afghanistan. 
Sec. 1231. United States plan for sustaining the Afghanistan National Security 
Forces. 
Sec. 1232. Report on enhancing security and stability in the region along the bor-
der of Afghanistan and Pakistan. 
Sec. 1233. Reimbursement of certain coalition nations for support provided to 
United States military operations. 
Sec. 1234. Logistical support for coalition forces supporting operations in Iraq and 
Afghanistan. 
Subtitle C—Iraq Refugee Crisis 
Sec. 1241. Short title. 
Sec. 1242. Processing mechanisms. 
Sec. 1243. United States refugee program processing priorities. 
Sec. 1244. Special immigrant status for certain Iraqis. 
Sec. 1245. Senior Coordinator for Iraqi Refugees and Internally Displaced Persons. 
Sec. 1246. Countries with significant populations of Iraqi refugees. 
Sec. 1247. Motion to reopen denial or termination of asylum. 
Sec. 1248. Reports. 
Sec. 1249. Authorization of appropriations. 
Subtitle D—Other Authorities and Limitations 
Sec. 1251. Cooperative opportunities documents under cooperative research and de-
velopment agreements with NATO organizations and other allied and 
friendly foreign countries. 
Sec. 1252. Extension and expansion of temporary authority to use acquisition and 
cross-servicing agreements to lend military equipment for personnel pro-
tection and survivability.
H. R. 4986—14 
Sec. 1253. Acceptance of funds from the Government of Palau for costs of United 
States military Civic Action Team in Palau. 
Sec. 1254. Repeal of requirement relating to North Korea. 
Sec. 1255. Justice for Osama bin Laden and other leaders of al Qaeda. 
Sec. 1256. Extension of Counterproliferation Program Review Committee. 
Sec. 1257. Sense of Congress on the Western Hemisphere Institute for Security Co-
operation. 
Sec. 1258. Sense of Congress on Iran. 
Subtitle E—Reports 
Sec. 1261. One-year extension of update on report on claims relating to the bomb-
ing of the Labelle Discotheque. 
Sec. 1262. Report on United States policy toward Darfur, Sudan. 
Sec. 1263. Inclusion of information on asymmetric capabilities in annual report on 
military power of the People’s Republic of China. 
Sec. 1264. Report on application of the Uniform Code of Military Justice to civilians 
accompanying the Armed Forces during a time of declared war or con-
tingency operation. 
Sec. 1265. Report on family reunions between United States citizens and their rel-
atives in North Korea. 
Sec. 1266. Reports on prevention of mass atrocities. 
Sec. 1267. Report on threats to the United States from ungoverned areas. 
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE 
FORMER SOVIET UNION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Specification of Cooperative Threat Reduction programs in states outside 
the former Soviet Union. 
Sec. 1304. Repeal of restrictions on assistance to states of the former Soviet Union 
for Cooperative Threat Reduction. 
Sec. 1305. Modification of authority to use Cooperative Threat Reduction funds out-
side the former Soviet Union. 
Sec. 1306. New initiatives for the Cooperative Threat Reduction Program. 
Sec. 1307. Report relating to chemical weapons destruction at Shchuch’ye, Russia. 
Sec. 1308. National Academy of Sciences study of prevention of proliferation of bio-
logical weapons. 
TITLE XIV—OTHER AUTHORIZATIONS 
Subtitle A—Military Programs 
Sec. 1401. Working capital funds. 
Sec. 1402. National Defense Sealift Fund. 
Sec. 1403. Defense Health Program. 
Sec. 1404. Chemical agents and munitions destruction, Defense. 
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1406. Defense Inspector General. 
Subtitle B—National Defense Stockpile 
Sec. 1411. Authorized uses of National Defense Stockpile funds. 
Sec. 1412. Revisions to required receipt objectives for previously authorized dis-
posals from the National Defense Stockpile. 
Sec. 1413. Disposal of ferromanganese. 
Sec. 1414. Disposal of chrome metal. 
Subtitle C—Armed Forces Retirement Home 
Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 
Sec. 1422. Administration and oversight of the Armed Forces Retirement Home. 
TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 
OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 
Sec. 1501. Purpose. 
Sec. 1502. Army procurement. 
Sec. 1503. Navy and Marine Corps procurement. 
Sec. 1504. Air Force procurement. 
Sec. 1505. Joint Improvised Explosive Device Defeat Fund. 
Sec. 1506. Defense-wide activities procurement. 
Sec. 1507. Research, development, test, and evaluation. 
Sec. 1508. Operation and maintenance. 
Sec. 1509. Working capital funds.
H. R. 4986—15 
Sec. 1510. Other Department of Defense programs. 
Sec. 1511. Iraq Freedom Fund. 
Sec. 1512. Iraq Security Forces Fund. 
Sec. 1513. Afghanistan Security Forces Fund. 
Sec. 1514. Military personnel. 
Sec. 1515. Strategic Readiness Fund. 
Sec. 1516. Treatment as additional authorizations. 
Sec. 1517. Special transfer authority. 
TITLE XVI—WOUNDED WARRIOR MATTERS 
Sec. 1601. Short title. 
Sec. 1602. General definitions. 
Sec. 1603. Consideration of gender-specific needs of recovering service members 
and veterans. 
Subtitle A—Policy on Improvements to Care, Management, and Transition of 
Recovering Service Members 
Sec. 1611. Comprehensive policy on improvements to care, management, and tran-
sition of recovering service members. 
Sec. 1612. Medical evaluations and physical disability evaluations of recovering 
service members. 
Sec. 1613. Return of recovering service members to active duty in the Armed 
Forces. 
Sec. 1614. Transition of recovering service members from care and treatment 
through the Department of Defense to care, treatment, and rehabilita-
tion through the Department of Veterans Affairs. 
Sec. 1615. Reports. 
Sec. 1616. Establishment of a wounded warrior resource center. 
Sec. 1617. Notification to Congress of hospitalization of combat wounded service 
members. 
Sec. 1618. Comprehensive plan on prevention, diagnosis, mitigation, treatment, and 
rehabilitation of, and research on, traumatic brain injury, post-trau-
matic stress disorder, and other mental health conditions in members 
of the Armed Forces. 
Subtitle B—Centers of Excellence in the Prevention, Diagnosis, Mitigation, Treat-
ment, and Rehabilitation of Traumatic Brain Injury, Post-Traumatic Stress Dis-
order, and Eye Injuries 
Sec. 1621. Center of excellence in the prevention, diagnosis, mitigation, treatment, 
and rehabilitation of traumatic brain injury. 
Sec. 1622. Center of excellence in prevention, diagnosis, mitigation, treatment, and 
rehabilitation of post-traumatic stress disorder and other mental health 
conditions. 
Sec. 1623. Center of excellence in prevention, diagnosis, mitigation, treatment, and 
rehabilitation of military eye injuries. 
Sec. 1624. Report on establishment of centers of excellence. 
Subtitle C—Health Care Matters 
Sec. 1631. Medical care and other benefits for members and former members of the 
Armed Forces with severe injuries or illnesses. 
Sec. 1632. Reimbursement of travel expenses of retired members with combat-re-
lated disabilities for follow-on specialty care, services, and supplies. 
Sec. 1633. Respite care and other extended care benefits for members of the uni-
formed services who incur a serious injury or illness on active duty. 
Sec. 1634. Reports. 
Sec. 1635. Fully interoperable electronic personal health information for the De-
partment of Defense and Department of Veterans Affairs. 
Sec. 1636. Enhanced personnel authorities for the Department of Defense for 
health care professionals for care and treatment of wounded and injured 
members of the Armed Forces. 
Sec. 1637. Continuation of transitional health benefits for members of the Armed 
Forces pending resolution of service-related medical conditions. 
Subtitle D—Disability Matters 
Sec. 1641. Utilization of veterans’ presumption of sound condition in establishing 
eligibility of members of the Armed Forces for retirement for disability. 
Sec. 1642. Requirements and limitations on Department of Defense determinations 
of disability with respect to members of the Armed Forces. 
Sec. 1643. Review of separation of members of the Armed Forces separated from 
service with a disability rating of 20 percent disabled or less.
H. R. 4986—16 
Sec. 1644. Authorization of pilot programs to improve the disability evaluation sys-
tem for members of the Armed Forces. 
Sec. 1645. Reports on Army action plan in response to deficiencies in the Army 
physical disability evaluation system. 
Sec. 1646. Enhancement of disability severance pay for members of the Armed 
Forces. 
Sec. 1647. Assessments of continuing utility and future role of temporary disability 
retired list. 
Sec. 1648. Standards for military medical treatment facilities, specialty medical 
care facilities, and military quarters housing patients and annual report 
on such facilities. 
Sec. 1649. Reports on Army Medical Action Plan in response to deficiencies identi-
fied at Walter Reed Army Medical Center, District of Columbia. 
Sec. 1650. Required certifications in connection with closure of Walter Reed Army 
Medical Center, District of Columbia. 
Sec. 1651. Handbook for members of the Armed Forces on compensation and bene-
fits available for serious injuries and illnesses. 
Subtitle E—Studies and Reports 
Sec. 1661. Study on physical and mental health and other readjustment needs of 
members and former members of the Armed Forces who deployed in Op-
eration Iraqi Freedom and Operation Enduring Freedom and their fami-
lies. 
Sec. 1662. Access of recovering service members to adequate outpatient residential 
facilities. 
Sec. 1663. Study and report on support services for families of recovering service 
members. 
Sec. 1664. Report on traumatic brain injury classifications. 
Sec. 1665. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer 
program. 
Subtitle F—Other Matters 
Sec. 1671. Prohibition on transfer of resources from medical care. 
Sec. 1672. Medical care for families of members of the Armed Forces recovering 
from serious injuries or illnesses. 
Sec. 1673. Improvement of medical tracking system for members of the Armed 
Forces deployed overseas. 
Sec. 1674. Guaranteed funding for Walter Reed Army Medical Center, District of 
Columbia. 
Sec. 1675. Use of leave transfer program by wounded veterans who are Federal em-
ployees. 
Sec. 1676. Moratorium on conversion to contractor performance of Department of 
Defense functions at military medical facilities. 
TITLE XVII—VETERANS MATTERS 
Sec. 1701. Sense of Congress on Department of Veterans Affairs efforts in the reha-
bilitation and reintegration of veterans with traumatic brain injury. 
Sec. 1702. Individual rehabilitation and community reintegration plans for vet-
erans and others with traumatic brain injury. 
Sec. 1703. Use of non-Department of Veterans Affairs facilities for implementation 
of rehabilitation and community reintegration plans for traumatic brain 
injury. 
Sec. 1704. Research, education, and clinical care program on traumatic brain in-
jury. 
Sec. 1705. Pilot program on assisted living services for veterans with traumatic 
brain injury. 
Sec. 1706. Provision of age-appropriate nursing home care. 
Sec. 1707. Extension of period of eligibility for health care for veterans of combat 
service during certain periods of hostilities and war. 
Sec. 1708. Service-connection and assessments for mental health conditions in vet-
erans. 
Sec. 1709. Modification of requirements for furnishing outpatient dental services to 
veterans with service-connected dental conditions or disabilities. 
Sec. 1710. Clarification of purpose of outreach services program of Department of 
Veterans Affairs. 
Sec. 1711. Designation of fiduciary or trustee for purposes of Traumatic 
Servicemembers’ Group Life Insurance. 
TITLE XVIII—NATIONAL GUARD BUREAU MATTERS AND RELATED 
MATTERS 
Sec. 1801. Short title.
H. R. 4986—17 
Subtitle A—National Guard Bureau 
Sec. 1811. Appointment, grade, duties, and retirement of the Chief of the National 
Guard Bureau. 
Sec. 1812. Establishment of National Guard Bureau as joint activity of the Depart-
ment of Defense. 
Sec. 1813. Enhancement of functions of the National Guard Bureau. 
Sec. 1814. Requirement for Secretary of Defense to prepare plan for response to 
natural disasters and terrorist events. 
Sec. 1815. Determination of Department of Defense civil support requirements. 
Subtitle B—Additional Reserve Component Enhancement 
Sec. 1821. United States Northern Command. 
Sec. 1822. Council of Governors. 
Sec. 1823. Plan for Reserve Forces Policy Board. 
Sec. 1824. High-level positions authorized or required to be held by reserve compo-
nent general or flag officers. 
Sec. 1825. Retirement age and years of service limitations on certain reserve gen-
eral and flag officers. 
Sec. 1826. Additional reporting requirements relating to National Guard equip-
ment. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
Sec. 2002. Expiration of authorizations and amounts required to be specified by 
law. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Termination of authority to carry out fiscal year 2007 Army projects for 
which funds were not appropriated. 
Sec. 2106. Technical amendments to Military Construction Authorization Act for 
Fiscal Year 2007. 
Sec. 2107. Modification of authority to carry out certain fiscal year 2006 project. 
Sec. 2108. Extension of authorization of certain fiscal year 2005 project. 
Sec. 2109. Ground lease, SOUTHCOM headquarters facility, Miami-Doral, Florida. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Termination of authority to carry out fiscal year 2007 Navy projects for 
which funds were not appropriated. 
Sec. 2206. Modification of authority to carry out certain fiscal year 2005 project. 
Sec. 2207. Repeal of authorization for construction of Navy Outlying Landing Field, 
Washington County, North Carolina. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Termination of authority to carry out fiscal year 2007 Air Force projects 
for which funds were not appropriated. 
Sec. 2306. Modification of authority to carry out certain fiscal year 2006 projects. 
Sec. 2307. Extension of authorizations of certain fiscal year 2005 projects. 
Sec. 2308. Extension of authorizations of certain fiscal year 2004 projects. 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Energy conservation projects. 
Sec. 2403. Authorization of appropriations, Defense Agencies. 
Sec. 2404. Termination or modification of authority to carry out certain fiscal year 
2007 Defense Agencies projects. 
Sec. 2405. Munitions demilitarization facilities, Blue Grass Army Depot, Kentucky, 
and Pueblo Chemical Activity, Colorado. 
Sec. 2406. Extension of authorizations of certain fiscal year 2005 projects.
H. R. 4986—18 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 
INVESTMENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2601. Authorized Army National Guard construction and land acquisition 
projects. 
Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 
land acquisition projects. 
Sec. 2604. Authorized Air National Guard construction and land acquisition 
projects. 
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 
Sec. 2606. Authorization of appropriations, National Guard and Reserve. 
Sec. 2607. Termination of authority to carry out fiscal year 2007 Guard and Re-
serve projects for which funds were not appropriated. 
Sec. 2608. Modification of authority to carry out fiscal year 2006 Air Force Reserve 
construction and acquisition projects. 
Sec. 2609. Extension of authorizations of certain fiscal year 2005 projects. 
Sec. 2610. Extension of authorizations of certain fiscal year 2004 projects. 
TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES 
Sec. 2701. Authorization of appropriations for base closure and realignment activi-
ties funded through Department of Defense Base Closure Account 1990. 
Sec. 2702. Authorized base closure and realignment activities funded through De-
partment of Defense Base Closure Account 2005. 
Sec. 2703. Authorization of appropriations for base closure and realignment activi-
ties funded through Department of Defense Base Closure Account 2005. 
Sec. 2704. Authorized cost and scope of work variations for military construction 
and military family housing projects related to base closures and re-
alignments. 
Sec. 2705. Transfer of funds from Department of Defense Base Closure Account 
2005 to Department of Defense Housing Funds. 
Sec. 2706. Comprehensive accounting of funding required to ensure timely imple-
mentation of 2005 Defense Base Closure and Realignment Commission 
recommendations. 
Sec. 2707. Relocation of units from Roberts United States Army Reserve Center 
and Navy-Marine Corps Reserve Center, Baton Rouge, Louisiana. 
Sec. 2708. Acquisition of real property, Fort Belvoir, Virginia, as part of the re-
alignment of the installation. 
Sec. 2709. Report on availability of traffic infrastructure and facilities to support 
base realignment. 
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing Changes 
Sec. 2801. Authority to use operation and maintenance funds for construction 
projects outside the United States. 
Sec. 2802. Clarification of requirement for authorization of military construction. 
Sec. 2803. Increase in thresholds for unspecified minor military construction 
projects. 
Sec. 2804. Temporary authority to support revitalization of Department of Defense 
laboratories through unspecified minor military construction projects. 
Sec. 2805. Extension of authority to accept equalization payments for facility ex-
changes. 
Sec. 2806. Modifications of authority to lease military family housing. 
Sec. 2807. Expansion of authority to exchange reserve component facilities. 
Sec. 2808. Limitation on use of alternative authority for acquisition and improve-
ment of military housing for privatization of temporary lodging facili-
ties. 
Sec. 2809. Two-year extension of temporary program to use minor military con-
struction authority for construction of child development centers. 
Sec. 2810. Report on housing privatization initiatives. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2821. Requirement to report real property transactions resulting in annual 
costs of more than $750,000. 
Sec. 2822. Continued consolidation of real property provisions without substantive 
change.
H. R. 4986—19 
Sec. 2823. Modification of authority to lease non-excess property of the military de-
partments. 
Sec. 2824. Cooperative agreement authority for management of cultural resources 
on certain sites outside military installations. 
Sec. 2825. Agreements to limit encroachments and other constraints on military 
training, testing, and operations. 
Sec. 2826. Expansion to all military departments of Army pilot program for pur-
chase of certain municipal services for military installations. 
Sec. 2827. Prohibition on commercial flights into Selfridge Air National Guard 
Base. 
Sec. 2828. Sense of Congress on Department of Defense actions to protect installa-
tions, ranges, and military airspace from encroachment. 
Sec. 2829. Reports on Army and Marine Corps operational ranges. 
Sec. 2830. Niagara Air Reserve Base, New York, basing report. 
Sec. 2831. Report on the Pinon Canyon Maneuver Site, Colorado. 
Subtitle C—Land Conveyances 
Sec. 2841. Modification of conveyance authority, Marine Corps Base, Camp Pen-
dleton, California. 
Sec. 2842. Grant of easement, Eglin Air Force Base, Florida. 
Sec. 2843. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida. 
Sec. 2844. Modification of lease of property, National Flight Academy at the Na-
tional Museum of Naval Aviation, Naval Air Station, Pensacola, Florida. 
Sec. 2845. Land exchange, Detroit, Michigan. 
Sec. 2846. Transfer of jurisdiction, former Nike missile site, Grosse Ile, Michigan. 
Sec. 2847. Modification to land conveyance authority, Fort Bragg, North Carolina. 
Sec. 2848. Land conveyance, Lewis and Clark United States Army Reserve Center, 
Bismarck, North Dakota. 
Sec. 2849. Land exchange, Fort Hood, Texas. 
Subtitle D—Energy Security 
Sec. 2861. Repeal of congressional notification requirement regarding cancellation 
ceiling for Department of Defense energy savings performance contracts. 
Sec. 2862. Definition of alternative fueled vehicle. 
Sec. 2863. Use of energy efficient lighting fixtures and bulbs in Department of De-
fense facilities. 
Sec. 2864. Reporting requirements relating to renewable energy use by Department 
of Defense to meet Department electricity needs. 
Subtitle E—Other Matters 
Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to Arlington Na-
tional Cemetery. 
Sec. 2872. Transfer of jurisdiction over Air Force Memorial to Department of the 
Air Force. 
Sec. 2873. Report on plans to replace the monument at the Tomb of the Unknowns 
at Arlington National Cemetery, Virginia. 
Sec. 2874. Increased authority for repair, restoration, and preservation of Lafayette 
Escadrille Memorial, Marnes-la-Coquette, France. 
Sec. 2875. Addition of Woonsocket local protection project. 
Sec. 2876. Repeal of moratorium on improvements at Fort Buchanan, Puerto Rico. 
Sec. 2877. Establishment of national military working dog teams monument on 
suitable military installation. 
Sec. 2878. Report required prior to removal of missiles from 564th Missile Squad-
ron. 
Sec. 2879. Report on condition of schools under jurisdiction of Department of De-
fense Education Activity. 
Sec. 2880. Report on facilities and operations of Darnall Army Medical Center, Fort 
Hood Military Reservation, Texas. 
Sec. 2881. Report on feasibility of establishing a regional disaster response center 
at Kelly Air Field, San Antonio, Texas. 
Sec. 2882. Naming of housing facility at Fort Carson, Colorado, in honor of the 
Honorable Joel Hefley, a former member of the United States House of 
Representatives. 
Sec. 2883. Naming of Navy and Marine Corps Reserve Center at Rock Island, Illi-
nois, in honor of the Honorable Lane Evans, a former member of the 
United States House of Representatives. 
Sec. 2884. Naming of research laboratory at Air Force Rome Research Site, Rome, 
New York, in honor of the Honorable Sherwood L. Boehlert, a former 
member of the United States House of Representatives. 
Sec. 2885. Naming of administration building at Joint Systems Manufacturing Cen-
ter, Lima, Ohio, in honor of the Honorable Michael G. Oxley, a former 
member of the United States House of Representatives.
H. R. 4986—20 
Sec. 2886. Naming of Logistics Automation Training Facility, Army Quartermaster 
Center and School, Fort Lee, Virginia, in honor of General Richard H. 
Thompson. 
Sec. 2887. Authority to relocate Joint Spectrum Center to Fort Meade, Maryland. 
TITLE XXIX—WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION 
AUTHORIZATIONS 
Sec. 2901. Authorized Army construction and land acquisition projects. 
Sec. 2902. Authorized Navy construction and land acquisition projects. 
Sec. 2903. Authorized Air Force construction and land acquisition projects. 
Sec. 2904. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2905. Authorized base closure and realignment activities funded through De-
partment of Defense Base Closure Account 2005 and related authoriza-
tion of appropriations. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 
AUTHORIZATIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Sec. 3105. Energy security and assurance. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Reliable Replacement Warhead program. 
Sec. 3112. Nuclear test readiness. 
Sec. 3113. Modification of reporting requirement. 
Sec. 3114. Limitation on availability of funds for Fissile Materials Disposition pro-
gram. 
Sec. 3115. Modification of limitations on availability of funds for Waste Treatment 
and Immobilization Plant. 
Sec. 3116. Modification of sunset date of the Office of the Ombudsman of the En-
ergy Employees Occupational Illness Compensation Program. 
Sec. 3117. Technical amendments. 
Subtitle C—Other Matters 
Sec. 3121. Study on using existing pits for the Reliable Replacement Warhead pro-
gram. 
Sec. 3122. Report on retirement and dismantlement of nuclear warheads. 
Sec. 3123. Plan for addressing security risks posed to nuclear weapons complex. 
Sec. 3124. Department of Energy protective forces. 
Sec. 3125. Evaluation of National Nuclear Security Administration strategic plan 
for advanced computing. 
Sec. 3126. Sense of Congress on the nuclear nonproliferation policy of the United 
States and the Reliable Replacement Warhead program. 
Sec. 3127. Department of Energy report on plan to strengthen and expand Inter-
national Radiological Threat Reduction program. 
Sec. 3128. Department of Energy report on plan to strengthen and expand Mate-
rials Protection, Control, and Accounting program. 
Sec. 3129. Agreements and reports on nuclear forensics capabilities. 
Sec. 3130. Report on status of environmental management initiatives to accelerate 
the reduction of environmental risks and challenges posed by the legacy 
of the Cold War. 
Subtitle D—Nuclear Terrorism Prevention 
Sec. 3131. Definitions. 
Sec. 3132. Sense of Congress on the prevention of nuclear terrorism. 
Sec. 3133. Minimum security standard for nuclear weapons and formula quantities 
of strategic special nuclear material. 
Sec. 3134. Annual report. 
TITLE XXXII—WAR-RELATED NATIONAL NUCLEAR SECURITY 
ADMINISTRATION AUTHORIZATIONS 
Sec. 3201. Additional war-related authorization of appropriations for National Nu-
clear Security Administration. 
TITLE XXXIII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
Sec. 3301. Authorization.
H. R. 4986—21 
TITLE XXXIV—NAVAL PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations. 
Sec. 3402. Remedial action at Moab uranium milling site. 
TITLE XXXV—MARITIME ADMINISTRATION 
Subtitle A—Maritime Administration Reauthorization 
Sec. 3501. Authorization of appropriations for fiscal year 2008. 
Sec. 3502. Temporary authority to transfer obsolete combatant vessels to Navy for 
disposal. 
Sec. 3503. Vessel disposal program. 
Subtitle B—Programs 
Sec. 3511. Commercial vessel chartering authority. 
Sec. 3512. Maritime Administration vessel chartering authority. 
Sec. 3513. Chartering to State and local governmental instrumentalities. 
Sec. 3514. Disposal of obsolete Government vessels. 
Sec. 3515. Vessel transfer authority. 
Sec. 3516. Sea trials for Ready Reserve Force. 
Sec. 3517. Review of applications for loans and guarantees. 
Subtitle C—Technical Corrections 
Sec. 3521. Personal injury to or death of seamen. 
Sec. 3522. Amendments to Chapter 537 based on Public Law 109–163. 
Sec. 3523. Additional amendments based on Public Law 109–163. 
Sec. 3524. Amendments based on Public Law 109–171. 
Sec. 3525. Amendments based on Public Law 109–241. 
Sec. 3526. Amendments based on Public Law 109–364. 
Sec. 3527. Miscellaneous amendments. 
Sec. 3528. Application of sunset provision to codified provision. 
Sec. 3529. Additional technical corrections. 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 
For purposes of this Act, the term ‘‘congressional defense 
committees’’ has the meaning given that term in section 101(a)(16) 
of title 10, United States Code. 
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. National Guard and Reserve equipment. 
Subtitle B—Army Programs 
Sec. 111. Multiyear procurement authority for M1A2 Abrams System Enhancement 
Package upgrades. 
Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley fighting vehicle 
upgrades. 
Sec. 113. Multiyear procurement authority for conversion of CH-47D helicopters to 
CH-47F configuration. 
Sec. 114. Multiyear procurement authority for CH-47F helicopters. 
Sec. 115. Limitation on use of funds for Increment 1 of the Warfighter Information 
Network-Tactical program pending certification to Congress. 
Sec. 116. Prohibition on closure of Army Tactical Missile System production line 
pending report. 
Sec. 117. Stryker Mobile Gun System. 
Subtitle C—Navy Programs 
Sec. 121. Multiyear procurement authority for Virginia-class submarine program.
H. R. 4986—22 
Sec. 122. Report on shipbuilding investment strategy. 
Sec. 123. Sense of Congress on the preservation of a skilled United States shipyard 
workforce. 
Sec. 124. Assessments required prior to start of construction on first ship of a ship-
building program. 
Sec. 125. Littoral Combat Ship (LCS) program. 
Subtitle D—Air Force Programs 
Sec. 131. Limitation on Joint Cargo Aircraft. 
Sec. 132. Clarification of limitation on retirement of U–2 aircraft. 
Sec. 133. Repeal of requirement to maintain retired C–130E tactical aircraft. 
Sec. 134. Limitation on retirement of C–130E/H tactical airlift aircraft. 
Sec. 135. Limitation on retirement of KC–135E aerial refueling aircraft. 
Sec. 136. Transfer to Government of Iraq of three C–130E tactical airlift aircraft. 
Sec. 137. Modification of limitations on retirement of B–52 bomber aircraft. 
Subtitle A—Authorization of 
Appropriations 
SEC. 101. ARMY. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 for procurement for the Army as follows: 
(1) For aircraft, $4,168,798,000. 
(2) For missiles, $1,911,979,000. 
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles, 
$3,007,489,000. 
(4) For ammunition, $2,214,576,000. 
(5) For other procurement, $12,451,312,000. 
(6) For the Joint Improvised Explosive Device Defeat Fund, 
$228,000,000. 
SEC. 102. NAVY AND MARINE CORPS. 
(a) NAVY.—Funds are hereby authorized to be appropriated 
for fiscal year 2008 for procurement for the Navy as follows: 
(1) For aircraft, $12,432,644,000. 
(2) For weapons, including missiles and torpedoes, 
$3,068,187,000. 
(3) For shipbuilding and conversion, $13,596,120,000. 
(4) For other procurement, $5,209,330,000. 
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 2008 for procurement for the Marine Corps 
in the amount of $2,299,419,000. 
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 
authorized to be appropriated for fiscal year 2008 for procurement 
of ammunition for the Navy and the Marine Corps in the amount 
of $1,058,832,000. 
SEC. 103. AIR FORCE. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 for procurement for the Air Force as follows: 
(1) For aircraft, $12,117,800,000. 
(2) For ammunition, $854,167,000. 
(3) For missiles, $4,984,102,000. 
(4) For other procurement, $15,405,832,000. 
SEC. 104. DEFENSE-WIDE ACTIVITIES. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 
for 
Defense-wide 
procurement 
in 
the 
amount 
of 
$3,280,435,000.
H. R. 4986—23 
SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 for the procurement of aircraft, missiles, wheeled and tracked 
combat vehicles, tactical wheeled vehicles, ammunition, other 
weapons, and other procurement for the reserve components of 
the Armed Forces in the amount of $980,000,000. 
Subtitle B—Army Programs 
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR M1A2 ABRAMS 
SYSTEM ENHANCEMENT PACKAGE UPGRADES. 
The Secretary of the Army, in accordance with section 2306b 
of title 10, United States Code, may enter into a multiyear contract, 
beginning with the fiscal year 2008 program year, for procurement 
of M1A2 Abrams System Enhancement Package upgrades. 
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR M2A3/M3A3 
BRADLEY FIGHTING VEHICLE UPGRADES. 
The Secretary of the Army, in accordance with section 2306b 
of title 10, United States Code, may enter into a multiyear contract, 
beginning with the fiscal year 2008 program year, for procurement 
of M2A3/M3A3 Bradley fighting vehicle upgrades. 
SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR CONVERSION 
OF CH-47D HELICOPTERS TO CH-47F CONFIGURATION. 
The Secretary of the Army may, in accordance with section 
2306b of title 10, United States Code, enter into a multiyear con-
tract, beginning with the fiscal year 2008 program year, for conver-
sion of CH-47D helicopters to the CH-47F configuration. 
SEC. 114. MULTIYEAR PROCUREMENT AUTHORITY FOR CH-47F HELI-
COPTERS. 
The Secretary of the Army may, in accordance with section 
2306b of title 10, United States Code, enter into a multiyear con-
tract, beginning with the fiscal year 2008 program year, for procure-
ment of CH-47F helicopters. 
SEC. 115. LIMITATION ON USE OF FUNDS FOR INCREMENT 1 OF THE 
WARFIGHTER INFORMATION NETWORK-TACTICAL PRO-
GRAM PENDING CERTIFICATION TO CONGRESS. 
(a) FUNDING RESTRICTED.—Of the amounts appropriated pursu-
ant to an authorization of appropriations for fiscal year 2008 or 
otherwise made available for Other Procurement, Army, that are 
available for Increment 1 of the Warfighter Information Network- 
Tactical program, not more than 50 percent may be obligated or 
expended until the Director of Operational Test and Evaluation 
submits to the congressional defense committees a certification, 
in writing, that the Director of Operational Test and Evaluation 
has approved a Test and Evaluation Master Plan and Initial Oper-
ational Test Plan for Increment 1 of the Warfighter Information 
Network-Tactical program. 
(b) INCREMENT 1 DEFINED.—For the purposes of this section, 
Increment 1 of the Warfighter Information Network-Tactical pro-
gram includes all program elements described as constituting 
‘‘Increment 1’’ in the memorandum titled ‘‘Warfighter Information
H. R. 4986—24 
Network-Tactical (WIN-T) Program Acquisition Decision Memo-
randum’’, dated June 5, 2007, and signed by the Under Secretary 
of Defense for Acquisition, Technology, and Logistics. 
SEC. 116. PROHIBITION ON CLOSURE OF ARMY TACTICAL MISSILE 
SYSTEM PRODUCTION LINE PENDING REPORT. 
(a) PROHIBITION.—Amounts appropriated pursuant to the 
authorization of appropriations in section 101(2) for missiles, Army, 
and in section 1502(4) for missile procurement, Army, and any 
other appropriated funds available to the Secretary of the Army 
may not be used to close the production line for the Army Tactical 
Missile System program until after the date on which the Secretary 
of the Army submits to the congressional defense committees a 
report that contains— 
(1) the certification of the Secretary that the long range 
surface-to-surface strike and counter battery mission of the 
Army can be adequately performed by other Army weapons 
systems or by other elements of the Armed Forces; and 
(2) a plan to mitigate any shortfalls in the industrial base 
that would be created by the closure of the production line. 
(b) SUBMISSION OF REPORT.—The report referred to in sub-
section (a) is required not later than April 1, 2008. 
SEC. 117. STRYKER MOBILE GUN SYSTEM. 
(a) LIMITATION
ON AVAILABILITY
OF FUNDS.—None of the 
amounts authorized to be appropriated by sections 101(3) and 
1501(3) for procurement of weapons and tracked combat vehicles 
for the Army may be obligated or expended for purposes of the 
procurement of the Stryker Mobile Gun System until 30 days after 
the date on which the Secretary of the Army certifies to Congress 
that the Stryker Mobile Gun System is operationally effective, 
suitable, and survivable for its anticipated deployment missions. 
(b) WAIVER.—The Secretary of Defense may waive the limita-
tion in subsection (a) if the Secretary— 
(1) determines that further procurement of the Stryker 
Mobile Gun System utilizing amounts referred to in subsection 
(a) is in the national security interest of the United States 
notwithstanding the inability of the Secretary of the Army 
to make the certification required by that subsection; and 
(2) submits to the Congress, in writing, a notification of 
the waiver together with a discussion of— 
(A) the reasons for the determination described in para-
graph (1); and 
(B) the actions that will be taken to mitigate any 
deficiencies that cause the Stryker Mobile Gun System 
not to be operationally effective, suitable, or survivable, 
as that case may be, as described in subsection (a). 
Subtitle C—Navy Programs 
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA- 
CLASS SUBMARINE PROGRAM. 
(a) AUTHORITY.—The Secretary of the Navy may, in accordance 
with section 2306b of title 10, United States Code, enter into 
multiyear contracts, beginning with the fiscal year 2009 program
H. R. 4986—25 
year, for the procurement of Virginia-class submarines and Govern-
ment-furnished equipment associated with the Virginia-class sub-
marine program. 
(b) LIMITATION.—The Secretary may not enter into a contract 
authorized by subsection (a) until— 
(1) the Secretary submits to the congressional defense 
committees a certification that the Secretary has made, with 
respect to that contract, each of the findings required by sub-
section (a) of section 2306b of title 10, United States Code; 
and 
(2) a period of 30 days has elapsed after the date of the 
transmission of such certification. 
SEC. 122. REPORT ON SHIPBUILDING INVESTMENT STRATEGY. 
(a) STUDY REQUIRED.—The Secretary of the Navy shall provide 
for a study to determine the effectiveness of current financing 
mechanisms for providing incentives for contractors to make ship-
building capital expenditures, and to assess potential capital 
expenditure incentives that would lead to ship construction or life- 
cycle cost savings to the Federal Government. The study shall 
examine— 
(1) potential improvements in design tools and techniques, 
material management, technology insertion, systems integra-
tion and testing, and other key processes and functions that 
would lead to reduced construction costs; 
(2) construction process improvements that would reduce 
procurement and life-cycle costs of the vessels under construc-
tion at the contractor’s facilities; and 
(3) incentives for investment in shipyard infrastructure 
that support construction process improvements. 
(b) REPORT.—Not later than October 1, 2008, the Secretary 
of the Navy shall submit to the congressional defense committees 
a report providing the results of the study under subsection (a). 
The report shall include each of the following: 
(1) An assessment of the shipbuilding industrial base, as 
measured by a 10-year history for major shipbuilders with 
respect to— 
(A) estimated value of shipbuilding facilities; 
(B) critical shipbuilding capabilities; 
(C) capital expenditures; 
(D) major investments in process improvements; and 
(E) costs for related Navy shipbuilding projects. 
(2) A description of mechanisms available to the Govern-
ment and industry to finance facilities and process improve-
ments, including— 
(A) contract incentive and award fees; 
(B) facilities capital cost of money; 
(C) facilities depreciation; 
(D) progress payment provisions; 
(E) other contract terms and conditions; 
(F) State and Federal tax provisions and tax incentives; 
(G) the National Shipbuilding Research Program; and 
(H) any other mechanisms available. 
(3) A summary of potential shipbuilding investments that 
offer greatest reduction to shipbuilding costs, including, for 
each such investment— 
(A) a project description;
H. R. 4986—26 
(B) an estimate of required investment; 
(C) the estimated return on investment; and 
(D) alternatives for financing the investment. 
(4) The Navy’s strategy for providing incentives for contrac-
tors’ capital expenditures that would lead to ship construction 
or life-cycle savings to the Federal Government, including 
identification of any specific changes in legislative authority 
that would be required for the Secretary to execute this 
strategy. 
(c) UTILIZATION OF OTHER STUDIES AND OUTSIDE EXPERTS.— 
The study shall build upon the results of the 2005 and 2006 Global 
Shipbuilding Industrial Base Benchmarking studies. Financial anal-
ysis associated with the report shall be conducted in consultation 
with financial experts independent of the Department of Defense. 
SEC. 123. SENSE OF CONGRESS ON THE PRESERVATION OF A SKILLED 
UNITED STATES SHIPYARD WORKFORCE. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
the preservation of a robust domestic skilled workforce is required 
for the national shipbuilding infrastructure and particularly essen-
tial to the construction of ships for the United States Navy. 
(b) STUDY REQUIRED.— 
(1) IN GENERAL.—The Secretary of the Navy shall deter-
mine, on a one-time, non-recurring basis, and in consultation 
with the Department of Labor, the average number of H2B 
visa workers employed by the major shipbuilders in the 
construction of United States Navy ships during the calendar 
year ending December 31, 2007. The study shall also identify 
the number of workers petitioned by the major shipbuilders 
for use in calendar year 2008, as of the first quarter of calendar 
year 2008. 
(2) REPORT.—Not later than April 1, 2008, the Secretary 
of the Navy shall submit to the congressional defense commit-
tees a report containing the results of the study required by 
subsection (b). 
(3) DEFINITIONS.—In this paragraph— 
(A) the term ‘‘major shipbuilder’’ means a prime con-
tractor or a first-tier subcontractor responsible for delivery 
of combatant and support vessels required for the naval 
vessel force, as reported within the annual naval vessel 
construction plan required by section 231 of title 10, United 
States Code; and 
(B) the term ‘‘H2B visa’’ means a non-immigrant visa 
program that permits employers to hire foreign workers 
to come temporarily to the United States and perform 
temporary non-agricultural services or labor on a one-time, 
seasonal, peakload, or intermittent basis. 
SEC. 124. ASSESSMENTS REQUIRED PRIOR TO START OF CONSTRUC-
TION ON FIRST SHIP OF A SHIPBUILDING PROGRAM. 
(a) IN GENERAL.—Concurrent with approving the start of 
construction of the first ship for any major shipbuilding program, 
the Secretary of the Navy shall— 
(1) submit a report to the congressional defense committees 
on the results of any production readiness review; and 
(2) certify to the congressional defense committees that 
the findings of any such review support commencement of 
construction.
H. R. 4986—27 
(b) REPORT.—The report required by subsection (a)(1) shall 
include, at a minimum, an assessment of each of the following: 
(1) The maturity of the ship’s design, as measured by 
stability of the ship contract specifications and the degree of 
completion of detail design and production design drawings. 
(2) The maturity of developmental command and control 
systems, weapon and sensor systems, and hull, mechanical 
and electrical systems. 
(3) The readiness of the shipyard facilities and workforce 
to begin construction. 
(4) The Navy’s estimated cost at completion and the ade-
quacy of the budget to support the estimate. 
(5) The Navy’s estimated delivery date and description 
of any variance to the contract delivery date. 
(6) The extent to which adequate processes and metrics 
are in place to measure and manage program risks. 
(c) APPLICABILITY.—This section applies to each major ship-
building program beginning after the date of the enactment of 
this Act. 
(d) DEFINITIONS.—For the purposes of subsection (a): 
(1) START OF CONSTRUCTION.—The term ‘‘start of construc-
tion’’ means the beginning of fabrication of the hull and super-
structure of the ship. 
(2) FIRST SHIP.—The term ‘‘first ship’’ applies to a ship 
if— 
(A) the ship is the first ship to be constructed under 
that shipbuilding program; or 
(B) the shipyard at which the ship is to be constructed 
has not previously started construction on a ship under 
that shipbuilding program. 
(3) MAJOR SHIPBUILDING PROGRAM.—The term ‘‘major ship-
building program’’ means a program for the construction of 
combatant and support vessels required for the naval vessel 
force, as reported within the annual naval vessel construction 
plan required by section 231 of title 10, United States Code. 
(4) PRODUCTION READINESS REVIEW.—The term ‘‘production 
readiness review’’ means a formal examination of a program 
prior to the start of construction to determine if the design 
is ready for production, production engineering problems have 
been resolved, and the producer has accomplished adequate 
planning for the production phase. 
SEC. 125. LITTORAL COMBAT SHIP (LCS) PROGRAM. 
Section 124 of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109–163; 119 Stat. 3157) is amended by 
striking subsections (a), (b), (c), and (d) and inserting the following: 
‘‘(a) LIMITATION OF COSTS.— 
‘‘(1) IN GENERAL.—The total amount obligated or expended 
for the procurement costs of post-2007 LCS vessels shall not 
exceed $460,000,000 per vessel. 
‘‘(2) PROCUREMENT COSTS.—For purposes of this section, 
procurement costs shall include all costs for plans, basic 
construction, change orders, electronics, ordnance, contractor 
support, and other costs associated with completion of produc-
tion drawings, ship construction, test, and delivery, including 
work performed post-delivery that is required to meet original 
contract requirements.
H. R. 4986—28 
‘‘(3) POST-2007 LCS VESSELS.—For purposes of this section, 
the term ‘post-2007 LCS vessel’ means a vessel in the Littoral 
Combat Ship (LCS) class of vessels, the procurement of which 
is funded from amounts appropriated pursuant to an authoriza-
tion of appropriations or otherwise made available for fiscal 
year 2008 or any fiscal year thereafter. 
‘‘(b) CONTRACT TYPE.—The Secretary of the Navy shall employ 
a fixed-price type contract for construction of post-2007 LCS vessels. 
‘‘(c) LIMITATION OF GOVERNMENT LIABILITY.—The Secretary of 
the Navy shall not enter into a contract, or modify a contract, 
for construction or final delivery of post-2007 LCS vessels if the 
limitation of the Government’s cost liability, when added to the 
sum 
of 
other 
budgeted 
procurement 
costs, 
would 
exceed 
$460,000,000 per vessel. 
‘‘(d) ADJUSTMENT OF LIMITATION AMOUNT.—The Secretary of 
the Navy may adjust the amount set forth in subsections (a)(1) 
and (c) for vessels referred to in such subsections by the following: 
‘‘(1) The amounts of increases or decreases in costs attrib-
utable to compliance with changes in Federal, State, or local 
laws enacted after September 30, 2007. 
‘‘(2) The amounts of outfitting costs and costs required 
to complete post-delivery test and trials.’’. 
Subtitle D—Air Force Programs 
SEC. 131. LIMITATION ON JOINT CARGO AIRCRAFT. 
No funds appropriated pursuant to an authorization of appro-
priations or otherwise made available for procurement, or for 
research, development, test, and evaluation, may be obligated or 
expended for the Joint Cargo Aircraft until 30 days after the Sec-
retary of Defense submits to the congressional defense committees 
each of the following: 
(1) The Air Force Air Mobility Command’s Airlift Mobility 
Roadmap. 
(2) The Department of Defense Intra-Theater Airlift 
Capabilities Study. 
(3) The Department of Defense Joint Intra-Theater Dis-
tribution Assessment. 
(4) The Joint Cargo Aircraft Functional Area Series Anal-
ysis. 
(5) The Joint Cargo Aircraft Analysis of Alternatives. 
(6) The Joint Intra-Theater Airlift Fleet Mix Analysis. 
(7) The Secretary’s certification that— 
(A) there is, within the Department of the Army, 
Department of the Air Force, Army National Guard, or 
Air National Guard, a capability gap or shortfall with 
respect to intra-theater airlift; and 
(B) validated requirements exist to fill that gap or 
shortfall through procurement of the Joint Cargo Aircraft. 
SEC. 132. CLARIFICATION OF LIMITATION ON RETIREMENT OF U–2 
AIRCRAFT. 
Section 133(b) of the John Warner National Defense Authoriza-
tion Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2112) 
is amended— 
(1) in paragraph (1)—
H. R. 4986—29 
(A) by striking ‘‘After fiscal year 2007’’ and inserting 
‘‘For each fiscal year after fiscal year 2007’’; and 
(B) by inserting after ‘‘Secretary of Defense’’ the fol-
lowing: ‘‘, in that fiscal year,’’; and 
(2) in paragraph (2)— 
(A) by inserting after ‘‘Department of Defense’’ the 
following: ‘‘in a fiscal year’’; and 
(B) by inserting after ‘‘Congress’’ the following: ‘‘in 
that fiscal year’’. 
SEC. 133. REPEAL OF REQUIREMENT TO MAINTAIN RETIRED C–130E 
TACTICAL AIRCRAFT. 
(a) IN GENERAL.—Effective as of the date specified in subsection 
(b), section 137(b) of the John Warner National Defense Authoriza-
tion Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2114) 
is repealed. 
(b) SPECIFIED DATE.—The date specified in this subsection is 
the date that is 30 days after the date on which the Secretary 
of the Air Force submits to the congressional defense committees 
the Fleet Mix Analysis Study. 
SEC. 134. LIMITATION ON RETIREMENT OF C–130E/H TACTICAL AIRLIFT 
AIRCRAFT. 
(a) GENERAL PROHIBITION.—The Secretary of the Air Force 
may not retire C–130E/H tactical airlift aircraft during fiscal year 
2008, except as provided in subsection (b). 
(b) CONTINGENT AUTHORITY TO RETIRE CERTAIN C–130E AIR-
CRAFT.—Effective as of the date specified in subsection (d), sub-
section (a) shall not apply to C–130E tactical airlift aircraft, and 
the number of such aircraft retired by the Secretary of the Air 
Force during fiscal year 2008 may not exceed 24. 
(c) TREATMENT OF RETIRED AIRCRAFT.—The Secretary of the 
Air Force shall maintain each C–130E tactical airlift aircraft that 
is retired during fiscal year 2008 in a condition that would allow 
recall of that aircraft to future service. 
(d) SPECIFIED DATE.—The date specified in this subsection is 
the date that is 30 days after the date on which the Secretary 
of the Air Force submits to the congressional defense committees 
the Fleet Mix Analysis Study. 
SEC. 
135. 
LIMITATION 
ON 
RETIREMENT 
OF 
KC–135E 
AERIAL 
REFUELING AIRCRAFT. 
(a) LIMITATION ON RETIREMENT OF MORE THAN 48 AIRCRAFT.— 
The Secretary of the Air Force may not retire more than 48 KC– 
135E aerial refueling aircraft of the Air Force during fiscal year 
2008, except as provided in subsection (b). 
(b) CONTINGENT AUTHORITY
TO RETIRE 37 ADDITIONAL AIR-
CRAFT.—Effective as of the date specified in subsection (c), the 
number of such aircraft retired by the Secretary of the Air Force 
during fiscal year 2008 may not exceed 85. 
(c) SPECIFIED DATE.—The date specified in this subsection is 
the date that is 15 days after the date on which the Secretary 
of the Air Force submits to the congressional defense committees 
the Secretary’s certification that— 
(1) the system design and development contract for the 
KC-X program has been awarded; and 
(2) if a protest is submitted pursuant to subchapter 5 
of title 31, United States Code—
H. R. 4986—30 
(A) the protest has been resolved in favor of the Federal 
agency; or 
(B) the Secretary has authorized performance of the 
contract (notwithstanding the protest). 
SEC. 136. TRANSFER TO GOVERNMENT OF IRAQ OF THREE C–130E 
TACTICAL AIRLIFT AIRCRAFT. 
The Secretary of the Air Force may transfer not more than 
3 C–130E tactical airlift aircraft, allowed to be retired under the 
John Warner National Defense Authorization Act for Fiscal Year 
2007 (Public Law 109–364), to the Government of Iraq. 
SEC. 137. MODIFICATION OF LIMITATIONS ON RETIREMENT OF B–52 
BOMBER AIRCRAFT. 
(a) MAINTENANCE
OF
PRIMARY, BACKUP, 
AND
ATTRITION 
RESERVE INVENTORY OF AIRCRAFT.—Subsection (a) of section 131 
of the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109–364; 120 Stat. 2111) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘and’’ at the end; 
(B) in subparagraph (B), by striking the period at 
the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(C) shall maintain in a common capability configura-
tion a primary aircraft inventory of not less than 63 such 
aircraft, a backup aircraft inventory of not less than 11 
such aircraft, and an attrition reserve aircraft inventory 
of not less than 2 such aircraft; and 
‘‘(D) shall not keep any such aircraft referred to in 
subparagraph (C) in a status considered excess to the 
requirements of the possessing command and awaiting dis-
position instructions.’’; and 
(2) by adding at the end the following: 
‘‘(3) DEFINITIONS.—For purposes of paragraph (1): 
‘‘(A) The term ‘primary aircraft inventory’ means air-
craft assigned to meet the primary aircraft authorization 
to— 
‘‘(i) a unit for the performance of its wartime mis-
sion; 
‘‘(ii) a training unit primarily for technical and 
specialized training for crew personnel or leading to 
aircrew qualification; 
‘‘(iii) a test unit for testing of the aircraft or its 
components for purposes of research, development, test 
and evaluation, operational test and evaluation, or to 
support testing programs; or 
‘‘(iv) meet requirements for special missions not 
elsewhere classified. 
‘‘(B) The term ‘backup aircraft inventory’ means air-
craft above the primary aircraft inventory to permit sched-
uled and unscheduled depot level maintenance, modifica-
tions, inspections, and repairs, and certain other mitigating 
circumstances without reduction of aircraft available for 
the assigned mission. 
‘‘(C) The term ‘attrition reserve aircraft inventory’ 
means aircraft required to replace anticipated losses of 
primary aircraft inventory due to peacetime accidents or 
wartime attrition.
H. R. 4986—31 
‘‘(4) TREATMENT
OF
RETIRED
AIRCRAFT.—Of the aircraft 
retired in accordance with paragraph (1)(A), the Secretary of 
the Air Force may use not more than 2 such aircraft for mainte-
nance ground training.’’. 
(b) NOTICE OF RETIREMENT.—Subsection (b)(1) of such section 
is amended by striking ‘‘45 days’’ and inserting ‘‘60 days’’. 
TITLE II—RESEARCH, DEVELOPMENT, 
TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for defense science and technology. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Operational test and evaluation of Future Combat Systems network. 
Sec. 212. Limitation on use of funds for systems development and demonstration 
of Joint Light Tactical Vehicle Program. 
Sec. 213. Requirement to obligate and expend funds for development and procure-
ment of a competitive propulsion system for the Joint Strike Fighter. 
Sec. 214. Limitation on use of funds for defense-wide manufacturing science and 
technology program. 
Sec. 215. Advanced Sensor Applications Program. 
Sec. 216. Active protection systems. 
Subtitle C—Ballistic Missile Defense 
Sec. 221. Participation of Director, Operational Test and Evaluation, in missile de-
fense test and evaluation activities. 
Sec. 222. Study on future roles and missions of the Missile Defense Agency. 
Sec. 223. Budget and acquisition requirements for Missile Defense Agency activi-
ties. 
Sec. 224. Limitation on use of funds for replacing warhead on SM–3 Block IIA mis-
sile. 
Sec. 225. Extension of Comptroller General assessments of ballistic missile defense 
programs. 
Sec. 226. Limitation on availability of funds for procurement, construction, and de-
ployment of missile defenses in Europe. 
Sec. 227. Sense of Congress on missile defense cooperation with Israel. 
Sec. 228. Limitation on availability of funds for deployment of missile defense 
interceptors in Alaska. 
Sec. 229. Policy of the United States on protection of the United States and its al-
lies against Iranian ballistic missiles. 
Subtitle D—Other Matters 
Sec. 231. Coordination of human systems integration activities related to acquisi-
tion programs. 
Sec. 232. Expansion of authority for provision of laboratory facilities, services, and 
equipment. 
Sec. 233. Modification of cost sharing requirement for Technology Transition Initia-
tive. 
Sec. 234. Report on implementation of Manufacturing Technology Program. 
Sec. 235. Assessment of sufficiency of test and evaluation personnel. 
Sec. 236. Repeal of requirement for separate reports on technology area review and 
assessment summaries. 
Sec. 237. Modification of notice and wait requirement for obligation of funds for for-
eign comparative test program. 
Sec. 238. Strategic Plan for the Manufacturing Technology Program. 
Sec. 239. Modification of authorities on coordination of Defense Experimental Pro-
gram to Stimulate Competitive Research with similar Federal programs. 
Sec. 240. Enhancement of defense nanotechnology research and development pro-
gram. 
Sec. 241. Federally funded research and development center assessment of the De-
fense Experimental Program to Stimulate Competitive Research. 
Sec. 242. Cost-benefit analysis of proposed funding reduction for High Energy 
Laser Systems Test Facility. 
Sec. 243. Prompt global strike.
H. R. 4986—32 
Subtitle A—Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows: 
(1) For the Army, $10,840,392,000. 
(2) For the Navy, $16,980,732,000. 
(3) For the Air Force, $25,692,521,000. 
(4) For Defense-wide activities, $20,213,900,000, of which 
$180,264,000 is authorized for the Director of Operational Test 
and Evaluation. 
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY. 
(a) FISCAL YEAR 2008.—Of the amounts authorized to be appro-
priated by section 201, $10,913,944,000 shall be available for the 
Defense Science and Technology Program, including basic research, 
applied research, and advanced technology development projects. 
(b) BASIC RESEARCH, APPLIED RESEARCH, AND ADVANCED TECH-
NOLOGY DEVELOPMENT DEFINED.—For purposes of this section, the 
term ‘‘basic research, applied research, and advanced technology 
development’’ means work funded in program elements for defense 
research and development under Department of Defense budget 
activity 1, 2, or 3. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. OPERATIONAL TEST AND EVALUATION OF FUTURE COMBAT 
SYSTEMS NETWORK. 
(a) OPERATIONAL TEST AND EVALUATION REQUIRED.—The Sec-
retary of the Army, in cooperation with the Director, Operational 
Test and Evaluation, shall complete an operational test and evalua-
tion (as defined in section 139(a)(2)(A) of title 10, United States 
Code), of the FCS network in a realistic environment simulating 
operational conditions. The operational test and evaluation shall— 
(1) be conducted in accordance with a Future Combat Sys-
tems Test and Evaluation Master Plan approved by the 
Director, Operational Test and Evaluation; 
(2) be conducted using prototype equipment, sensors, and 
software for the FCS network; 
(3) be conducted in a manner that simulates a full Future 
Combat Systems brigade; 
(4) be conducted, to the maximum extent possible, using 
actual communications equipment instead of computer simula-
tions; 
(5) be conducted in a realistic operational electronic warfare 
environment, including enemy electronic warfare and network 
attacks; and 
(6) include, to the maximum extent possible, all sensor 
information feeds the FCS network is designed to incorporate. 
(b) FCS NETWORK DEFINED.—In this section, the term ‘‘FCS 
network’’ includes all sensors, information systems, computers, and
H. R. 4986—33 
communications systems necessary to support Future Combat Sys-
tems brigade operations. 
(c) REPORT.—Not later than 120 days after completing the 
operational test and evaluation required by subsection (a), the 
Director, Operational Test and Evaluation shall submit to the 
congressional defense committees a report on the outcome of the 
operational test and evaluation. The report shall include, at a 
minimum— 
(1) an evaluation of the overall operational effectiveness 
of the FCS network, including— 
(A) an evaluation of the FCS network’s capability to 
transmit the volume and classes of data required by Future 
Combat Systems approved requirements; and 
(B) an evaluation of the FCS network’s performance 
in a degraded condition due to enemy network attack, 
sophisticated enemy electronic warfare, adverse weather 
conditions, and terrain variability; 
(2) an evaluation of the FCS network’s ability to improve 
friendly force knowledge of the location and capability of enemy 
forces and combat systems; and 
(3) an evaluation of the overall operational suitability of 
the FCS network. 
(d) LIMITATION PENDING SUBMISSION OF REPORT.— 
(1) IN GENERAL.—No funds, with the exception of funds 
for advanced procurement, appropriated pursuant to an 
authorization of appropriations or otherwise made available 
to the Department of the Army for any fiscal year may be 
obligated for low-rate initial production or full-rate production 
of Future Combat Systems manned ground vehicles until 60 
days after the date on which the report is submitted under 
subsection (c). 
(2) WAIVER
AUTHORITY.—The Secretary of Defense may 
waive the limitation in paragraph (1) if the Secretary deter-
mines that such a waiver is critical for national security. Such 
a waiver shall not become effective until 45 days after the 
date on which the Secretary submits to the congressional 
defense committees a written notice of the waiver. 
(3) INAPPLICABILITY TO THE NON LINE OF SIGHT CANNON 
VEHICLE.—The limitation in paragraph (1) does not apply to 
the Non Line of Sight Cannon vehicle. 
SEC. 212. LIMITATION ON USE OF FUNDS FOR SYSTEMS DEVELOPMENT 
AND 
DEMONSTRATION 
OF 
JOINT 
LIGHT 
TACTICAL 
VEHICLE PROGRAM. 
Of the amounts appropriated pursuant to an authorization 
of appropriations or otherwise made available for the Joint Light 
Tactical Vehicle Program for the acquisition program phase of sys-
tems development and demonstration for fiscal year 2008 or any 
fiscal year thereafter, no more than 50 percent of those amounts 
may be obligated or expended until after— 
(1) the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics, or the appropriate milestone decision 
authority, makes the certification required by section 2366a 
of title 10, United States Code, with respect to the Joint Light 
Tactical Vehicle Program; and 
(2) the certification has been received by the congressional 
defense committees.
H. R. 4986—34 
SEC. 213. REQUIREMENT TO OBLIGATE AND EXPEND FUNDS FOR 
DEVELOPMENT AND PROCUREMENT OF A COMPETITIVE 
PROPULSION SYSTEM FOR THE JOINT STRIKE FIGHTER. 
Of the funds appropriated pursuant to an authorization of 
appropriations or otherwise made available for fiscal year 2008 
or any year thereafter, for research, development, test, and evalua-
tion and procurement for the Joint Strike Fighter Program, the 
Secretary of Defense shall ensure the obligation and expenditure 
in each such fiscal year of sufficient annual amounts for the contin-
ued development and procurement of 2 options for the propulsion 
system for the Joint Strike Fighter in order to ensure the develop-
ment and competitive production for the propulsion system for 
the Joint Strike Fighter. 
SEC. 214. LIMITATION ON USE OF FUNDS FOR DEFENSE-WIDE MANU-
FACTURING SCIENCE AND TECHNOLOGY PROGRAM. 
No funds available to the Office of the Secretary of Defense 
for any fiscal year may be obligated or expended for the defense- 
wide manufacturing science and technology program unless the 
Director, Defense Research and Engineering, ensures each of the 
following: 
(1) A component of the Department of Defense has 
requested and evaluated— 
(A) competitive proposals, for each project under the 
program that is not a project covered by subparagraph 
(B); and 
(B) proposals from as many sources as is practicable 
under the circumstances, for a project under the program 
if the disclosure of the needs of the Department of Defense 
with respect to that project would compromise the national 
security. 
(2) Each project under the program is carried out— 
(A) in accordance with the statutory requirements of 
the Manufacturing Technology Program established by sec-
tion 2521 of title 10, United States Code; and 
(B) in compliance with all requirements of any directive 
that applies to manufacturing technology. 
(3) An implementation plan has been developed. 
SEC. 215. ADVANCED SENSOR APPLICATIONS PROGRAM. 
(a) TRANSFER
OF FUNDS.—(1) Of the amount authorized to 
be appropriated by section 201(3) for research, development, test, 
and evaluation, Air Force activities, and made available for the 
activities of the Intelligence Systems Support Office, an aggregate 
of $13,000,000 shall be transferred to the Advanced Sensor Applica-
tions Program not later than 60 days after the date of the enactment 
of this Act. 
(2) Of the amount authorized to be appropriated by section 
301(2) for operation and maintenance, Navy activities, and made 
available for the activities of the Office of Naval Intelligence, an 
aggregate of $5,000,000 shall be transferred to the Advanced Sensor 
Applications Program not later than 60 days after the date of 
the enactment of this Act. 
(b) ASSIGNMENT OF PROGRAM.—Management of the program 
shall reside within the office of the Under Secretary of Defense 
for Intelligence until certain conditions specified in the classified 
annex to the statement of managers accompanying this Act are
H. R. 4986—35 
met. The program shall be executed by the Commander, Naval 
Air Systems Command in consultation with the Program Executive 
Officer for Aviation for the Navy. 
SEC. 216. ACTIVE PROTECTION SYSTEMS. 
(a) LIVE-FIRE TESTS REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall undertake 
live-fire tests, of appropriate foreign and domestic active protec-
tion systems with size, weight, and power characteristics suit-
able for protecting wheeled tactical vehicles, especially light 
wheeled tactical vehicles, in order— 
(A) to determine the effectiveness of such systems for 
protecting wheeled tactical vehicles; and 
(B) to develop information useful in the consideration 
of the adoption of such systems in defense acquisition pro-
grams. 
(2) REPORTS.—Not later than March 1 of each of 2008 
and 2009, the Secretary shall submit to the congressional 
defense committees a report on the results of the tests under-
taken under paragraph (1) as of the date of such report. 
(3) FUNDING.—The live-fire tests required by paragraph 
(1) shall be conducted using funds authorized and appropriated 
for the Joint Improvised Explosive Device Defeat Fund. 
(b) COMPREHENSIVE ASSESSMENT REQUIRED.— 
(1) IN GENERAL.—The Secretary shall undertake a com-
prehensive assessment of active protection systems in order 
to develop information useful in the development of joint active 
protection systems and other defense programs. 
(2) ELEMENTS.—The assessment under paragraph (1) shall 
include— 
(A) an identification of the potential merits and oper-
ational costs of the use of active protection systems by 
United States military forces; 
(B) a characterization of the threats that use of active 
protection systems by potential adversaries would pose to 
United States military forces and weapons; 
(C) an identification and assessment of counter-
measures to active protection systems; 
(D) an analysis of collateral damage potential of active 
protection systems; 
(E) an identification and assessment of emerging 
direct-fire and top-attack threats to defense systems that 
could potentially deploy active protection systems; and 
(F) an identification and assessment of critical tech-
nology elements of active protection systems. 
(3) REPORT.—Not later than December 31, 2008, the Sec-
retary shall submit to the congressional defense committees 
a report on the assessment under paragraph (1). 
Subtitle C—Ballistic Missile Defense 
SEC. 221. PARTICIPATION OF DIRECTOR, OPERATIONAL TEST AND 
EVALUATION, IN MISSILE DEFENSE TEST AND EVALUA-
TION ACTIVITIES. 
Section 139 of title 10, United States Code, is amended—
H. R. 4986—36 
(1) by redesignating subsections (f) through (j) as sub-
sections (g) through (k), respectively; and 
(2) by inserting after subsection (e) the following new sub-
section (f): 
‘‘(f)(1) The Director of the Missile Defense Agency shall make 
available to the Director of Operational Test and Evaluation the 
results of all tests and evaluations conducted by the Missile Defense 
Agency and of all studies conducted by the Missile Defense Agency 
in connection with tests and evaluations in the Missile Defense 
Agency. 
‘‘(2) The Director of Operational Test and Evaluation may 
require that such observers as the Director designates be present 
during the preparation for and the conducting of any test and 
evaluation conducted by the Missile Defense Agency. 
‘‘(3) The Director of Operational Test and Evaluation shall 
have access to all records and data in the Department of Defense 
(including the records and data of the Missile Defense Agency) 
that the Director considers necessary to review in order to carry 
out his duties under this subsection.’’. 
SEC. 222. STUDY ON FUTURE ROLES AND MISSIONS OF THE MISSILE 
DEFENSE AGENCY. 
(a) IN GENERAL.—The Secretary of Defense shall enter into 
an agreement with 1 of the Federally Funded Research and Develop-
ment Centers under which the Center shall carry out an inde-
pendent study to examine, and make recommendations with respect 
to, the long-term structure, roles, and missions of the Missile 
Defense Agency. 
(b) MATTERS INCLUDED.— 
(1) REVIEW.—The study shall include a full review of the 
structure, roles, and missions of the Missile Defense Agency. 
(2) ASSESSMENTS.—The study shall include an examination 
and assessment of the current and future— 
(A) structure, roles, and missions of the Missile Defense 
Agency; 
(B) relationship of the Missile Defense Agency with— 
(i) the Office of the Under Secretary of Defense 
for Acquisition, Technology, and Logistics; 
(ii) the Office of the Under Secretary of Defense 
for Policy; 
(iii) the Director of Operational Test and Evalua-
tion; 
(iv) the Commander of the United States Strategic 
Command and other combatant commanders; 
(v) the Joint Requirements Oversight Council; and 
(vi) the military departments; 
(C) operations and sustainment of missile defenses; 
(D) acquisition process for missile defense; 
(E) requirements process for missile defense; and 
(F) transition and transfer of missile defense capabili-
ties to the military departments. 
(3) RECOMMENDATIONS.—The study shall include rec-
ommendations as to how the Missile Defense Agency can be 
made more effective to support the needs of the warfighter, 
especially with regard to near-term missile defense capabilities. 
The study shall also examine the full range of options for
H. R. 4986—37 
the future of the Missile Defense Agency and shall include, 
but not be limited to, specific recommendations as to whether— 
(A) the Missile Defense Agency should be maintained 
in its current configuration; 
(B) the scope and nature of the Missile Defense Agency 
should be changed from an organization focused on research 
and development to an organization focused on combat 
support; 
(C) any functions and responsibilities should be added 
to the Missile Defense Agency, in part or in whole, from 
other entities such as the United States Strategic Com-
mand and the military departments; and 
(D) any functions and responsibilities of the Missile 
Defense Agency should be transferred, in part or in whole, 
to other entities such as the United States Strategic Com-
mand and the military departments. 
(c) COOPERATION FROM GOVERNMENT.—In carrying out the 
study, the Federally Funded Research and Development Center 
shall receive the full and timely cooperation of the Secretary of 
Defense and any other United States Government official in pro-
viding the Center with analyses, briefings, and other information 
necessary for the fulfillment of its responsibilities. 
(d) REPORT.—Not later than September 1, 2008, the Federally 
Funded Research and Development Center shall submit to the 
Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives a report on 
its findings, conclusions, and recommendations. 
(e) FUNDING.—Funds for the study shall be provided from 
amounts appropriated for the Department of Defense. 
SEC. 223. BUDGET AND ACQUISITION REQUIREMENTS FOR MISSILE 
DEFENSE AGENCY ACTIVITIES. 
(a) REVISED BUDGET STRUCTURE.—The budget justification 
materials submitted to Congress in support of the Department 
of Defense budget for any fiscal year after fiscal year 2009 (as 
submitted with the budget of the President under section 1105(a) 
of title 31, United States Code) shall set forth separately amounts 
requested for the Missile Defense Agency for each of the following: 
(1) Research, development, test, and evaluation. 
(2) Procurement. 
(3) Operation and maintenance. 
(4) Military construction. 
(b) REVISED BUDGET STRUCTURE FOR FISCAL YEAR 2009.—The 
budget justification materials submitted to Congress in support 
of the Department of Defense budget for fiscal year 2009 (as sub-
mitted with the budget of the President under section 1105(a) 
of title 31, United States Code) shall— 
(1) identify all known and estimated operation and support 
costs; and 
(2) set forth separately amounts requested for the Missile 
Defense Agency for each of the following: 
(A) Research, development, test, and evaluation. 
(B) Procurement or advance procurement of long lead 
items, including for Terminal High Altitude Area Defense 
firing units 3 and 4, and for Standard Missile-3 Block 
1A interceptors. 
(C) Military construction.
H. R. 4986—38 
(c) AVAILABILITY OF RDT&E FUNDS FOR FISCAL YEAR 2009.— 
Upon approval by the Secretary of Defense, and consistent with 
the plan submitted under subsection (f), funds appropriated pursu-
ant to an authorization of appropriations or otherwise made avail-
able for fiscal year 2009 for research, development, test, and evalua-
tion for the Missile Defense Agency— 
(1) may be used for the fielding of ballistic missile defense 
capabilities approved previously by Congress; and 
(2) may not be used for— 
(A) military construction activities; or 
(B) procurement or advance procurement of long lead 
items, including for Terminal High Altitude Area Defense 
firing units 3 and 4, and for Standard Missile-3 Block 
1A interceptors. 
(d) FULL FUNDING REQUIREMENT NOT APPLICABLE TO USE OF 
PROCUREMENT FUNDS FOR FISCAL YEARS 2009 AND 2010.—In any 
case in which funds appropriated pursuant to an authorization 
of appropriations or otherwise made available for procurement for 
the Missile Defense Agency for fiscal years 2009 and 2010 are 
used for the fielding of ballistic missile defense capabilities, the 
funds may be used for the fielding of those capabilities on an 
‘‘incremental’’ basis, notwithstanding any law or policy of the 
Department of Defense that would otherwise require a ‘‘full funding’’ 
basis. 
(e) RELATIONSHIP TO OTHER LAW.—Nothing in this provision 
shall be construed to alter or otherwise affect in any way the 
applicability of the requirements and other provisions of section 
234(a) through (d) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 
Stat. 1837; 10 U.S.C. 2431 note). 
(f) PLAN REQUIRED.—Not later than March 1, 2008, the Director 
of the Missile Defense Agency shall submit to the Committee on 
Armed Services of the Senate and the Committee on Armed Services 
of the House of Representatives a plan for transitioning the Missile 
Defense Agency from using exclusively research, development, test, 
and evaluation funds to using procurement, military construction, 
operations and maintenance, and research, development, test, and 
evaluation funds for the appropriate budget activities, and for 
transitioning from incremental funding to full funding for fiscal 
years after fiscal year 2010. 
(g) OBJECTIVES FOR ACQUISITION ACTIVITIES.— 
(1) IN GENERAL.—Commencing as soon as practicable, but 
not later than the submittal to Congress of the budget for 
the President for fiscal year 2009 under section 1105(a) of 
title 31, United States Code, the Missile Defense Agency shall 
take appropriate actions to achieve the following objectives 
in its acquisition activities: 
(A) Improved transparency. 
(B) Improved accountability. 
(C) Enhanced oversight. 
(2) REQUIRED ACTIONS.—In order to achieve the objectives 
specified in paragraph (1), the Missile Defense Agency shall, 
at a minimum, take actions as follows: 
(A) Establish acquisition cost, schedule, and perform-
ance baselines for each ballistic missile defense system 
element that—
H. R. 4986—39 
(i) has entered the equivalent of the systems 
development and demonstration phase of acquisition; 
or 
(ii) is being produced and acquired for operational 
fielding. 
(B) Provide unit cost reporting data for each ballistic 
missile defense system element covered by subparagraph 
(A), and secure independent estimation and verification 
of such cost reporting data. 
(C) Include, in the budget justification materials 
described in subsection (a), a description of actions being 
taken in the fiscal year in which such materials are sub-
mitted, and the actions to be taken in the fiscal year 
covered by such materials, to achieve such objectives. 
(3) SPECIFICATION OF BALLISTIC MISSILE DEFENSE SYSTEM 
ELEMENTS.—The ballistic missile defense system elements that, 
as of October 2007, are ballistic missile defense system elements 
covered by paragraph (2)(A) are the following elements: 
(A) Ground-based Midcourse Defense. 
(B) Aegis Ballistic Missile Defense. 
(C) Terminal High Altitude Area Defense. 
(D) Forward-Based X-band radar-Transportable (AN/ 
TPY–2). 
(E) Command, Control, Battle Management, and 
Communications. 
(F) Sea-Based X-band radar. 
(G) Upgraded Early Warning radars. 
SEC. 224. LIMITATION ON USE OF FUNDS FOR REPLACING WARHEAD 
ON SM–3 BLOCK IIA MISSILE. 
None of the funds appropriated or otherwise made available 
pursuant to an authorization of appropriations in this Act may 
be obligated or expended to replace the unitary warhead on the 
SM–3 Block IIA missile with the Multiple Kill Vehicle until after 
the Secretary of Defense certifies to Congress that— 
(1) the United States and Japan have reached an agree-
ment to replace the unitary warhead on the SM–3 Block IIA 
missile; and 
(2) replacing the unitary warhead on the SM–3 Block IIA 
missile with the Multiple Kill Vehicle will not delay the 
expected deployment date of 2014–2015 for that missile. 
SEC. 225. EXTENSION OF COMPTROLLER GENERAL ASSESSMENTS OF 
BALLISTIC MISSILE DEFENSE PROGRAMS. 
Section 232(g) of the National Defense Authorization Act for 
Fiscal Year 2002 (10 U.S.C. 2431 note) is amended— 
(1) in paragraph (1), by striking ‘‘through 2008’’ and 
inserting ‘‘through 2013’’; and 
(2) in paragraph (2), by striking ‘‘through 2009’’ and 
inserting ‘‘through 2014’’. 
SEC. 226. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCURE-
MENT, CONSTRUCTION, AND DEPLOYMENT OF MISSILE 
DEFENSES IN EUROPE. 
(a) GENERAL LIMITATION.—No funds authorized to be appro-
priated by this Act may be obligated or expended for procurement, 
site activation, construction, preparation of equipment for, or
H. R. 4986—40 
deployment of a long-range missile defense system in Europe until 
the following conditions have been met: 
(1) The governments of the countries in which major compo-
nents of such missile defense system (including interceptors 
and associated radars) are proposed to be deployed have each 
given final approval to any missile defense agreements nego-
tiated between such governments and the United States 
Government concerning the proposed deployment of such 
components in their countries. 
(2) Forty five days have elapsed following the receipt by 
Congress of the report required under subsection (c)(6). 
(b) ADDITIONAL LIMITATION.—In addition to the limitation in 
subsection (a), no funds authorized to be appropriated by this Act 
may be obligated or expended for the acquisition or deployment 
of operational missiles of a long-range missile defense system in 
Europe until the Secretary of Defense, after receiving the views 
of the Director of Operational Test and Evaluation, submits to 
Congress a report certifying that the proposed interceptor to be 
deployed as part of such missile defense system has demonstrated, 
through successful, operationally realistic flight testing, a high prob-
ability of working in an operationally effective manner. 
(c) REPORT ON INDEPENDENT ASSESSMENT FOR BALLISTIC MIS-
SILE DEFENSE IN EUROPE.— 
(1) INDEPENDENT
ASSESSMENT.—Not later than 30 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall select a federally funded research and develop-
ment center to conduct an independent assessment of options 
for ballistic missile defense for forward deployed forces of the 
United States and its allies in Europe and for the United 
States homeland. 
(2) ANALYSIS
OF
ADMINISTRATION
PROPOSAL.—The study 
shall provide a full analysis of the Administration’s proposal 
to protect forward-deployed forces of the United States and 
its allies in Europe, forward-deployed radars in Europe, and 
the United States by deploying, in Europe, interceptors and 
radars of the Ground-Based Midcourse Defense (GMD) system. 
In providing the analysis, the study shall examine each of 
the following matters: 
(A) The threat to Europe and the United States of 
ballistic missiles (including short-range, medium-range, 
intermediate-range, and long-range ballistic missiles) from 
Iran, including the likelihood and timing of such threats. 
(B) The technical capabilities of the system, as so 
deployed, to effectively protect forward-deployed forces of 
the United States and its allies in Europe, forward-deployed 
radars in Europe, and the United States against the threat 
specified in subparagraph (A). 
(C) The degree of coverage of the European territory 
of members of the North Atlantic Treaty Organization. 
(D) The political implications of such a deployment 
on the United States, the North Atlantic Treaty Organiza-
tion, and other interested parties. 
(E) Integration and interoperability with North 
Atlantic Treaty Organization missile defenses. 
(F) The operational issues associated with such a 
deployment, including operational effectiveness.
H. R. 4986—41 
(G) The force structure implications of such a deploy-
ment, including a comparative analysis of alternative 
deployment options. 
(H) The budgetary implications of such a deployment, 
including possible allied cost sharing, and the cost-effective-
ness of such a deployment. 
(I) Command and control arrangements, including any 
command and control roles for the United States European 
Command and the North Atlantic Treaty Organization. 
(J) Potential opportunities for participation by the 
Government of Russia. 
(3) ANALYSIS OF ALTERNATIVES.—The study shall also pro-
vide a full analysis of alternative systems that could be deployed 
to fulfill, in whole or in part, the protective purposes of the 
Administration’s proposal. The alternative systems shall 
include a range of feasible combinations of other missile defense 
systems that are available or are expected to be available 
as of 2015 and 2020. These should include, but not be limited 
to, the following: 
(A) The Patriot PAC–3 system. 
(B) The Medium Extended Air Defense System. 
(C) The Aegis Ballistic Missile Defense system, with 
all variants of the Standard Missile–3 interceptor. 
(D) The Terminal High Altitude Area Defense 
(THAAD) system. 
(E) Forward-Based X-band Transportable (FBX-T) 
radars. 
(F) The Kinetic Energy Interceptor (KEI). 
(G) Other non-United States, North Atlantic Treaty 
Organization missile defense systems or components. 
(4) MATTERS
EXAMINED.—In providing the analysis, the 
study shall examine, for each alternative system included, each 
of the matters specified in paragraph (2). 
(5) COOPERATION OF OTHER AGENCIES.—The Secretary of 
Defense shall provide the federally funded research and 
development center selected under paragraph (1) data, anal-
yses, briefings, and other information as the center considers 
necessary to carry out the assessment described in that para-
graph. Furthermore, the Director of National Intelligence and 
the heads of other departments and agencies of the United 
States Government shall also provide the center the appropriate 
data, analyses, briefings, and other information necessary for 
the purpose of carrying out the assessment described in that 
paragraph. 
(6) REPORT.—Not later than 180 days after the date of 
the enactment of this Act, the federally funded research and 
development center shall submit to the congressional defense 
committees and the Secretary of Defense a report on the results 
of the study. The report shall be in unclassified form, but 
may include a classified annex. 
(7) FUNDING.—Of the amounts appropriated or otherwise 
made available pursuant to the authorization of appropriations 
in section 201(4), $1,000,000 is available to carry out the study 
required by this subsection. 
(d) CONSTRUCTION.—Nothing in this section shall be construed 
to limit continuing obligation and expenditure of funds for missile
H. R. 4986—42 
defense, including for research and development and for other activi-
ties not otherwise limited by subsection (a) or (b), including, but 
not limited to, site surveys, studies, analysis, and planning and 
design for the proposed missile defense deployment in Europe. 
SEC. 227. SENSE OF CONGRESS ON MISSILE DEFENSE COOPERATION 
WITH ISRAEL. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
the United States should have an active program of ballistic missile 
defense cooperation with Israel, and should take steps to improve 
the coordination, interoperability, and integration of United States 
and Israeli missile defense capabilities, and to enhance the capa-
bility of both nations to defend against ballistic missile threats 
present in the Middle East region. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report on 
the status of missile defense cooperation between the United 
States and Israel. 
(2) CONTENT.—The report submitted under this subsection 
shall include each of the following: 
(A) A description of the current program of ballistic 
missile defense cooperation between the United States and 
Israel, including its objectives and results to date. 
(B) A description of steps taken within the previous 
five years to improve the interoperability and coordination 
of the missile defense capabilities of the United States 
and Israel. 
(C) A description of steps planned to be taken by 
the governments of the United States and Israel in the 
future to improve the coordination, interoperability, and 
integration of their missile defense capabilities. 
(D) A description of joint efforts of the United States 
and Israel to develop ballistic missile defense technologies. 
(E) A description of joint missile defense exercises and 
training that have been conducted by the United States 
and Israel, and the lessons learned from those exercises. 
(F) A description of the joint missile defense testing 
activities of the United States and Israel, past and planned, 
and the benefits of such joint testing activities. 
(G) A description of how the United States and Israel 
share threat assessments regarding the ballistic missile 
threat. 
(H) Any other matters that the Secretary considers 
appropriate. 
SEC. 228. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPLOYMENT 
OF MISSILE DEFENSE INTERCEPTORS IN ALASKA. 
None of the funds authorized to be appropriated by this Act 
may be obligated or expended to deploy more than 40 Ground- 
Based Interceptors at Fort Greely, Alaska, until the Secretary of 
Defense, after receiving the views of the Director of Operational 
Test and Evaluation, submits to Congress a certification that the 
Block 2006 Ground-based Midcourse Defense element of the Bal-
listic Missile Defense System has demonstrated, through operation-
ally realistic end-to-end flight testing, that it has a high probability 
of working in an operationally effective manner.
H. R. 4986—43 
SEC. 229. POLICY OF THE UNITED STATES ON PROTECTION OF THE 
UNITED STATES AND ITS ALLIES AGAINST IRANIAN BAL-
LISTIC MISSILES. 
(a) FINDING.—Congress finds that Iran maintains a nuclear 
program in continued defiance of the international community while 
developing ballistic missiles of increasing sophistication and range 
that— 
(1) pose a threat to— 
(A) the forward-deployed forces of the United States; 
(B) North Atlantic Treaty Organization (NATO) allies 
in Europe; and 
(C) other allies and friendly foreign countries in the 
region; and 
(2) eventually could pose a threat to the United States 
homeland. 
(b) POLICY OF THE UNITED STATES.—It is the policy of the 
United States— 
(1) to develop, test, and deploy, as soon as technologically 
feasible, in conjunction with allies and friendly foreign countries 
whenever possible, an effective defense against the threat from 
Iran described in subsection (a) that will provide protection— 
(A) for the forward-deployed forces of the United 
States, NATO allies, and other allies and friendly foreign 
countries in the region; and 
(B) for the United States homeland; 
(2) to encourage the NATO alliance to accelerate its efforts 
to— 
(A) protect NATO territory in Europe against the 
existing threat of Iranian short- and medium-range ballistic 
missiles; and 
(B) facilitate the ability of NATO allies to acquire 
the missile defense systems needed to provide a wide- 
area defense capability against short- and medium-range 
ballistic missiles; and 
(3) to proceed with the activities specified in paragraphs 
(1) and (2) in a manner such that any missile defense systems 
fielded by the United States in Europe are integrated with 
or complementary to missile defense systems fielded by NATO 
in Europe. 
Subtitle D—Other Matters 
SEC. 231. COORDINATION OF HUMAN SYSTEMS INTEGRATION ACTIVI-
TIES RELATED TO ACQUISITION PROGRAMS. 
(a) IN GENERAL.—The Secretary of Defense, acting through 
the Under Secretary of Defense for Acquisition, Technology, and 
Logistics, shall coordinate and manage human systems integration 
activities throughout the acquisition programs of the Department 
of Defense. 
(b) ADMINISTRATION.—In carrying out subsection (a), the Sec-
retary shall designate a senior official to be responsible for the 
effort. 
(c) RESPONSIBILITIES.—In carrying out this section, the senior 
official designated in subsection (b) shall— 
(1) coordinate the planning, management, and execution 
of such activities; and
H. R. 4986—44 
(2) identify and recommend, as appropriate, resource 
requirements for human systems integration activities. 
(d) DESIGNATION.—The designation required by subsection (b) 
shall be made not later than 60 days after the date of the enactment 
of this Act. 
SEC. 232. EXPANSION OF AUTHORITY FOR PROVISION OF LABORATORY 
FACILITIES, SERVICES, AND EQUIPMENT. 
Section 2539b of title 10, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (2) by striking ‘‘and’’ at the end; 
(B) in paragraph (3) by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(4) make available to any person or entity, through leases, 
contracts, or other appropriate arrangements, facilities, serv-
ices, and equipment of any government laboratory, research 
center, or range, if the facilities, services, and equipment pro-
vided will not be in direct competition with the domestic private 
sector.’’; 
(2) in subsection (c)— 
(A) by striking ‘‘for services’’; and 
(B) by striking ‘‘subsection (a)(3)’’ and inserting ‘‘sub-
sections (a)(3) and (a)(4)’’; and 
(3) in subsection (d)— 
(A) by striking ‘‘for services made available’’; and 
(B) by striking ‘‘subsection (a)(3)’’ and inserting ‘‘sub-
sections (a)(3) and (a)(4)’’. 
SEC. 233. MODIFICATION OF COST SHARING REQUIREMENT FOR TECH-
NOLOGY TRANSITION INITIATIVE. 
Paragraph (2) of section 2359a(f) of title 10, United States 
Code, is amended to read as follows: 
‘‘(2) The amount of funds provided to a project under paragraph 
(1) by the military department or Defense Agency concerned shall 
be the appropriate share of the military department or Defense 
Agency, as the case may be, of the cost of the project, as determined 
by the Manager.’’. 
SEC. 234. REPORT ON IMPLEMENTATION OF MANUFACTURING TECH-
NOLOGY PROGRAM. 
(a) REPORT REQUIRED.—Not later than September 1, 2008, the 
Secretary of Defense shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of 
the House of Representatives a report on the implementation of 
the technologies and processes developed under the Manufacturing 
Technology Program required by section 2521 of title 10, United 
States Code. 
(b) ELEMENTS.—The report shall identify each technology or 
process implemented and, for each such technology or process, 
shall identify— 
(1) the project of the Manufacturing Technology Program 
through which the technology or process was developed, the 
Federal and non-Federal participants in that project, and the 
duration of the project; 
(2) the organization or program implementing the tech-
nology or process, and a description of the implementation;
H. R. 4986—45 
(3) the funding required to implement the technology or 
process, including— 
(A) funds provided by military departments and 
Defense Agencies under the Manufacturing Technology Pro-
gram; 
(B) funds provided by the Department of Defense, or 
any element of the Department, to co-develop the tech-
nology or process; 
(C) to the maximum extent practicable, funds provided 
by the Department of Defense, or any element of the 
Department, to— 
(i) mature the technology or process prior to transi-
tion to the Manufacturing Technology Program; and 
(ii) provide for the implementation of the tech-
nology or process; 
(4) the total value of industry cost share, if applicable; 
(5) if applicable, the total value of cost avoidance or cost 
savings directly attributable to the implementation of the tech-
nology or process; and 
(6) a description of any system performance enhancements, 
technology performance enhancements, or improvements in a 
manufacturing readiness level of a system or a technology. 
(c) DEFINITION.—For purposes of this section, the term 
‘‘implementation’’ refers to— 
(1) the use of a technology or process in the manufacture 
of defense materiel; 
(2) the inclusion of a technology or process in the systems 
engineering plan for a program of record; or 
(3) the use of a technology or process for the manufacture 
of commercial items. 
(d) SCOPE.—The report shall include technologies or processes 
developed with funds appropriated or otherwise made available 
for the Manufacturing Technology programs of the military depart-
ments and Defense Agencies for fiscal years 2003 through 2005. 
SEC. 235. ASSESSMENT OF SUFFICIENCY OF TEST AND EVALUATION 
PERSONNEL. 
(a) ASSESSMENT REQUIRED.—The Director of Operational Test 
and Evaluation shall assess whether the Director’s professional 
staff meets the requirement of section 139(j) of title 10, United 
States Code, that the staff be sufficient to carry out the Director’s 
duties and responsibilities. 
(b) INCLUSION
IN REPORT.—The Director shall include the 
results of the assessment in the report, required by section 139(g) 
of title 10, United States Code, summarizing the operational test 
and evaluation activities during fiscal year 2007. 
SEC. 236. REPEAL OF REQUIREMENT FOR SEPARATE REPORTS ON 
TECHNOLOGY AREA REVIEW AND ASSESSMENT SUM-
MARIES. 
Subsection (c) of section 253 of the National Defense Authoriza-
tion Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3179; 
10 U.S.C. 2501 note) is repealed.
H. R. 4986—46 
SEC. 237. MODIFICATION OF NOTICE AND WAIT REQUIREMENT FOR 
OBLIGATION OF FUNDS FOR FOREIGN COMPARATIVE 
TEST PROGRAM. 
Paragraph (3) of section 2350a(g) of title 10, United States 
Code, is amended to read as follows: 
‘‘(3) The Director of Defense Research and Engineering shall 
notify the congressional defense committees of the intent to obligate 
funds made available to carry out this subsection not less than 
7 days before such funds are obligated.’’. 
SEC. 238. STRATEGIC PLAN FOR THE MANUFACTURING TECHNOLOGY 
PROGRAM. 
(a) IN GENERAL.—Section 2521 of title 10, United States Code, 
is amended by adding at the end the following new subsection: 
‘‘(e) FIVE-YEAR
STRATEGIC
PLAN.—(1) The Secretary shall 
develop a plan for the program that includes the following: 
‘‘(A) The overall manufacturing technology goals, mile-
stones, priorities, and investment strategy for the program. 
‘‘(B) The objectives of, and funding for, the program for 
each military department and each Defense Agency that shall 
participate in the program during the period of the plan. 
‘‘(2) The Secretary shall include in the plan mechanisms for 
assessing the effectiveness of the program under the plan. 
‘‘(3) The Secretary shall update the plan on a biennial basis. 
‘‘(4) Each plan, and each update to the plan, shall cover a 
period of five fiscal years.’’. 
(b) INITIAL DEVELOPMENT AND SUBMISSION OF PLAN.— 
(1) DEVELOPMENT.—The Secretary of Defense shall develop 
the strategic plan required by subsection (e) of section 2521 
of title 10, United States Code (as added by subsection (a) 
of this section), so that the plan goes into effect at the beginning 
of fiscal year 2009. 
(2) SUBMISSION.—Not later than the date on which the 
budget of the President for fiscal year 2010 is submitted to 
Congress under section 1105 of title 31, United States Code, 
the Secretary shall submit to the Committee on Armed Services 
of the Senate and the Committee on Armed Services of the 
House of Representatives the plan specified in paragraph (1). 
SEC. 239. MODIFICATION OF AUTHORITIES ON COORDINATION OF 
DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE 
COMPETITIVE RESEARCH WITH SIMILAR FEDERAL PRO-
GRAMS. 
Section 257(e)(2) of the National Defense Authorization Act 
for Fiscal Year 1995 (10 U.S.C. 2358 note) is amended by striking 
‘‘shall’’ each place it appears and inserting ‘‘may’’. 
SEC. 240. ENHANCEMENT OF DEFENSE NANOTECHNOLOGY RESEARCH 
AND DEVELOPMENT PROGRAM. 
(a) PROGRAM PURPOSES.—Subsection (b) of section 246 of the 
Bob Stump National Defense Authorization Act for Fiscal Year 
2003 (Public Law 107–314; 116 Stat. 2500; 10 U.S.C. 2358 note) 
is amended— 
(1) in paragraph (2), by striking ‘‘in nanoscale research 
and 
development’’ 
and 
inserting 
‘‘in 
the 
National 
Nanotechnology 
Initiative 
and 
with 
the 
National 
Nanotechnology Coordination Office under section 3 of the 21st
H. R. 4986—47 
Century Nanotechnology Research and Development Act (15 
U.S.C. 7502)’’; and 
(2) in paragraph (3), by striking ‘‘portfolio of fundamental 
and applied nanoscience and engineering research initiatives’’ 
and inserting ‘‘portfolio of nanotechnology research and develop-
ment initiatives’’. 
(b) PROGRAM ADMINISTRATION.— 
(1) ADMINISTRATION
THROUGH
UNDER
SECRETARY
OF 
DEFENSE FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS.—Sub-
section (c) of such section is amended— 
(A) by striking ‘‘the Director of Defense Research and 
Engineering’’ and inserting ‘‘the Under Secretary of Defense 
for Acquisition, Technology, and Logistics’’; and 
(B) by striking ‘‘The Director’’ and inserting ‘‘The Under 
Secretary’’. 
(2) OTHER ADMINISTRATIVE MATTERS.—Such subsection is 
further amended— 
(A) in paragraph (2), by striking ‘‘the Department’s 
increased investment in nanotechnology research and 
development and the National Nanotechnology Initiative; 
and’’ and inserting ‘‘investments by the Department and 
other departments and agencies participating in the 
National Nanotechnology Initiative in nanotechnology 
research and development;’’; 
(B) in paragraph (3), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new paragraph: 
‘‘(4) oversee Department of Defense participation in inter-
agency coordination of the program with other departments 
and agencies participating in the National Nanotechnology Ini-
tiative.’’. 
(c) PROGRAM ACTIVITIES.—Such section is further amended— 
(1) by striking subsection (d); and 
(2) by adding at the end the following new subsection 
(d): 
‘‘(d) STRATEGIC PLAN.—The Under Secretary shall develop and 
maintain a strategic plan for defense nanotechnology research and 
development that— 
‘‘(1) is integrated with the strategic plan for the National 
Nanotechnology Initiative and the strategic plans of the 
Director of Defense Research and Engineering, the military 
departments, and the Defense Agencies; and 
‘‘(2) includes a clear strategy for transitioning the research 
into products needed by the Department.’’. 
(d) REPORTS.—Such section is further amended by adding at 
the end the following new subsection: 
‘‘(e) REPORTS.— 
‘‘(1) IN GENERAL.—Not later than March 1 of each of 2009, 
2011, and 2013, the Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall submit to the congressional 
defense committees a report on the program. 
‘‘(2) MATTERS INCLUDED.—Each report under paragraph (1) 
shall include the following: 
‘‘(A) A review of— 
‘‘(i) the long-term challenges and specific technical 
goals of the program; and
H. R. 4986—48 
‘‘(ii) the progress made toward meeting such chal-
lenges and achieving such goals. 
‘‘(B) An assessment of current and proposed funding 
levels for the program, including an assessment of the 
adequacy of such funding levels to support program activi-
ties. 
‘‘(C) A review of the coordination of activities under 
the program within the Department of Defense, with other 
departments and agencies of the United States, and with 
the National Nanotechnology Initiative. 
‘‘(D) A review and analysis of the findings and rec-
ommendations relating to the Department of Defense of 
the most recent triennial external review of the National 
Nanotechnology Program under section 5 of the 21st Cen-
tury Nanotechnology Research and Development Act (15 
U.S.C. 1704), and a description of initiatives of the Depart-
ment to implement such recommendations. 
‘‘(E) An assessment of technology transition from 
nanotechnology research and development to enhanced 
warfighting capabilities, including contributions from the 
Department 
of 
Defense 
Small 
Business 
Innovative 
Research 
and 
Small 
Business 
Technology 
Transfer 
Research programs, and the Department of Defense Manu-
facturing Technology program, and an identification of 
acquisition programs and deployed defense systems that 
are incorporating nanotechnologies. 
‘‘(F) An assessment of global nanotechnology research 
and development in areas of interest to the Department, 
including an identification of the use of nanotechnologies 
in any foreign defense systems. 
‘‘(G) An assessment of the defense nanotechnology 
manufacturing and industrial base and its capability to 
meet the near and far term requirements of the Depart-
ment. 
‘‘(H) Such recommendations for additional activities 
under the program to meet emerging national security 
requirements as the Under Secretary considers appropriate. 
‘‘(3) CLASSIFICATION.—Each report under paragraph (1) 
shall be submitted in unclassified form, but may include a 
classified annex.’’. 
SEC. 241. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT 
CENTER ASSESSMENT OF THE DEFENSE EXPERIMENTAL 
PROGRAM TO STIMULATE COMPETITIVE RESEARCH. 
(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall— 
(1) utilize a defense federally funded research and develop-
ment center to carry out an assessment of the effectiveness 
of the Defense Experimental Program to Stimulate Competitive 
Research; and 
(2) not later than nine months after the date of the enact-
ment of this Act, submit to the Committees on Armed Services 
of the Senate and the House of Representatives a report on 
that assessment. 
(b) MATTERS ASSESSED.—The report under subsection (a) shall 
include the following: 
(1) A description and assessment of the tangible results 
and progress toward the objectives of the program, including—
H. R. 4986—49 
(A) an identification of any past program activities 
that led to, or were fundamental to, applications used 
by, or supportive of, operational users; and 
(B) an assessment of whether the program has 
expanded the national research infrastructure. 
(2) An assessment whether the activities undertaken under 
the program are consistent with the statute authorizing the 
program. 
(3) An assessment whether the various elements of the 
program, such as structure, funding, staffing, project solicitation 
and selection, and administration, are working effectively and 
efficiently to support the effective execution of the program. 
(4) A description and assessment of past and ongoing activi-
ties of State planning committees under the program in sup-
porting the achievement of the objectives of the program. 
(5) An analysis of the advantages and disadvantages of 
having an institution-based formula for qualification to partici-
pate in the program when compared with the advantages and 
disadvantages of having a State-based formula for qualification 
to participate in supporting defense missions and the objective 
of expanding the Nation’s defense research infrastructure. 
(6) An identification of mechanisms for improving the 
management and implementation of the program, including 
modification of the statute authorizing the program, Depart-
ment regulations, program structure, funding levels, funding 
strategy, or the activities of the State committees. 
(7) Any other matters the Secretary considers appropriate. 
SEC. 242. COST-BENEFIT ANALYSIS OF PROPOSED FUNDING REDUC-
TION FOR HIGH ENERGY LASER SYSTEMS TEST FACILITY. 
(a) REPORT REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report containing a cost- 
benefit analysis of the proposed reduction in Army research, 
development, test, and evaluation funding for the High Energy 
Laser Systems Test Facility. 
(b) EVALUATION
OF IMPACT
ON OTHER MILITARY DEPART-
MENTS.—The report required under subsection (a) shall include 
an evaluation of the impact of the proposed reduction in funding 
on each Department of Defense organization or activity that utilizes 
the High Energy Laser Systems Test Facility. 
SEC. 243. PROMPT GLOBAL STRIKE. 
(a) RESEARCH, DEVELOPMENT, AND TESTING PLAN.—The Sec-
retary of Defense shall submit to the congressional defense commit-
tees a research, development, and testing plan for prompt global 
strike program objectives for fiscal years 2008 through 2013. 
(b) PLAN FOR OBLIGATION AND EXPENDITURE OF FUNDS.— 
(1) IN
GENERAL.—The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall submit to the 
congressional defense committees a plan for obligation and 
expenditure of funds available for prompt global strike for 
fiscal year 2008. The plan shall include correlations between 
each technology application being developed in fiscal year 2008 
and the prompt global strike alternative or alternatives toward 
which the technology application applies.
H. R. 4986—50 
(2) LIMITATION.—The Under Secretary shall not implement 
the plan required by paragraph (1) until at least 10 days 
after the plan is submitted as required by that paragraph. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Subtitle B—Environmental Provisions 
Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in 
connection with Moses Lake Wellfield Superfund Site, Moses Lake, 
Washington. 
Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in 
connection with the Arctic Surplus Superfund Site, Fairbanks, Alaska. 
Sec. 313. Payment to Environmental Protection Agency of stipulated penalties in 
connection with Jackson Park Housing Complex, Washington. 
Sec. 314. Report on control of the brown tree snake. 
Sec. 315. Notification of certain residents and civilian employees at Camp Lejeune, 
North Carolina, of exposure to drinking water contamination. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Availability of funds in Defense Information Systems Agency Working 
Capital Fund for technology upgrades to Defense Information Systems 
Network. 
Sec. 322. Modification to public-private competition requirements before conversion 
to contractor performance. 
Sec. 323. Public-private competition at end of period specified in performance 
agreement not required. 
Sec. 324. Guidelines on insourcing new and contracted out functions. 
Sec. 325. Restriction on Office of Management and Budget influence over Depart-
ment of Defense public-private competitions. 
Sec. 326. Bid protests by Federal employees in actions under Office of Management 
and Budget Circular A–76. 
Sec. 327. Public-private competition required before conversion to contractor per-
formance. 
Sec. 328. Extension of authority for Army industrial facilities to engage in coopera-
tive activities with non-Army entities. 
Sec. 329. Reauthorization and modification of multi-trades demonstration project. 
Sec. 330. Pilot program for availability of working-capital funds to Army for certain 
product improvements. 
Subtitle D—Extension of Program Authorities 
Sec. 341. Extension of Arsenal Support Program Initiative. 
Sec. 342. Extension of period for reimbursement for helmet pads purchased by 
members of the Armed Forces deployed in contingency operations. 
Sec. 343. Extension of temporary authority for contract performance of security 
guard functions. 
Subtitle E—Reports 
Sec. 351. Reports on National Guard readiness for emergencies and major disas-
ters. 
Sec. 352. Annual report on prepositioned materiel and equipment. 
Sec. 353. Report on incremental cost of early 2007 enhanced deployment. 
Sec. 354. Modification of requirements of Comptroller General report on the readi-
ness of Army and Marine Corps ground forces. 
Sec. 355. Plan to improve readiness of ground forces of active and reserve compo-
nents. 
Sec. 356. Independent assessment of Civil Reserve Air Fleet viability. 
Sec. 357. Department of Defense Inspector General report on physical security of 
Department of Defense installations. 
Sec. 358. Review of high-altitude aviation training. 
Sec. 359. Reports on safety measures and encroachment issues and master plan for 
Warren Grove Gunnery Range, New Jersey. 
Sec. 360. Report on search and rescue capabilities of the Air Force in the north-
western United States.
H. R. 4986—51 
Sec. 361. Report and master infrastructure recapitalization plan for Cheyenne 
Mountain Air Station, Colorado. 
Subtitle F—Other Matters 
Sec. 371. Enhancement of corrosion control and prevention functions within De-
partment of Defense. 
Sec. 372. Authority for Department of Defense to provide support for certain sport-
ing events. 
Sec. 373. Authority to impose reasonable restrictions on payment of full replace-
ment value for lost or damaged personal property transported at Gov-
ernment expense. 
Sec. 374. Priority transportation on Department of Defense aircraft of retired mem-
bers residing in Commonwealths and possessions of the United States 
for certain health care services. 
Sec. 375. Recovery of missing military property. 
Sec. 376. Retention of combat uniforms by members of the Armed Forces deployed 
in support of contingency operations. 
Sec. 377. Issue of serviceable material of the Navy other than to Armed Forces. 
Sec. 378. Reauthorization of Aviation Insurance Program. 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not otherwise 
provided for, for operation and maintenance, in amounts as follows: 
(1) For the Army, $28,787,219,000. 
(2) For the Navy, $33,355,683,000. 
(3) For the Marine Corps, $4,967,193,000. 
(4) For the Air Force, $33,118,462,000. 
(5) For Defense-wide activities, $22,500,253,000. 
(6) For the Army Reserve, $2,509,862,000. 
(7) For the Navy Reserve, $1,186,883,000. 
(8) For the Marine Corps Reserve, $208,637,000. 
(9) For the Air Force Reserve, $2,821,817,000. 
(10) For the Army National Guard, $5,857,409,000. 
(11) For the Air National Guard, $5,456,668,000. 
(12) For the United States Court of Appeals for the Armed 
Forces, $11,971,000. 
(13) For Environmental Restoration, Army, $434,879,000. 
(14) For Environmental Restoration, Navy, $300,591,000. 
(15) 
For 
Environmental 
Restoration, 
Air 
Force, 
$458,428,000. 
(16) 
For 
Environmental 
Restoration, 
Defense-wide, 
$12,751,000. 
(17) For Environmental Restoration, Formerly Used 
Defense Sites, $270,249,000. 
(18) For Overseas Humanitarian, Disaster, and Civic Aid 
programs, $103,300,000. 
(19) For Former Soviet Union Threat Reduction programs, 
$428,048,000. 
(20) For the Overseas Contingency Operations Transfer 
Fund, $5,000,000.
H. R. 4986—52 
Subtitle B—Environmental Provisions 
SEC. 
311. 
REIMBURSEMENT 
OF 
ENVIRONMENTAL 
PROTECTION 
AGENCY FOR CERTAIN COSTS IN CONNECTION WITH 
MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES 
LAKE, WASHINGTON. 
(a) AUTHORITY TO REIMBURSE.— 
(1) TRANSFER
AMOUNT.—Using funds described in sub-
section (b), the Secretary of Defense may, notwithstanding sec-
tion 2215 of title 10, United States Code, transfer not more 
than $91,588.51 to the Moses Lake Wellfield Superfund Site 
10–6J Special Account. 
(2) PURPOSE
OF
REIMBURSEMENT.—The payment under 
paragraph (1) is to reimburse the Environmental Protection 
Agency for its costs incurred in overseeing a remedial investiga-
tion/feasibility study performed by the Department of the Army 
under the Defense Environmental Restoration Program at the 
former Larson Air Force Base, Moses Lake Superfund Site, 
Moses Lake, Washington. 
(3) 
INTERAGENCY
AGREEMENT.—The 
reimbursement 
described in paragraph (2) is provided for in the interagency 
agreement entered into by the Department of the Army and 
the Environmental Protection Agency for the Moses Lake 
Wellfield Superfund Site in March 1999. 
(b) SOURCE OF FUNDS.—Any payment under subsection (a) shall 
be made using funds authorized to be appropriated by section 
301(16) for operation and maintenance for Environmental Restora-
tion, Defense-wide. 
(c) USE OF FUNDS.—The Environmental Protection Agency shall 
use the amount transferred under subsection (a) to pay costs 
incurred by the Agency at the Moses Lake Wellfield Superfund 
Site. 
SEC. 
312. 
REIMBURSEMENT 
OF 
ENVIRONMENTAL 
PROTECTION 
AGENCY FOR CERTAIN COSTS IN CONNECTION WITH THE 
ARCTIC 
SURPLUS 
SUPERFUND 
SITE, 
FAIRBANKS, 
ALASKA. 
(a) AUTHORITY TO REIMBURSE.— 
(1) TRANSFER
AMOUNT.—Using funds described in sub-
section (b), the Secretary of Defense may, notwithstanding sec-
tion 2215 of title 10, United States Code, transfer not more 
than $186,625.38 to the Hazardous Substance Superfund. 
(2) PURPOSE
OF
REIMBURSEMENT.—The payment under 
paragraph (1) is to reimburse the Environmental Protection 
Agency for costs incurred pursuant to the agreement known 
as ‘‘In the Matter of Arctic Surplus Superfund Site, U.S. EPA 
Docket Number CERCLA–10–2003–0114: Administrative Order 
on Consent for Remedial Design and Remedial Action’’, entered 
into by the Department of Defense and the Environmental 
Protection Agency on December 11, 2003. 
(b) SOURCE OF FUNDS.—Any payment under subsection (a) shall 
be made using funds authorized to be appropriated by section 
301(16) for operation and maintenance for Environmental Restora-
tion, Defense-wide. 
(c) USE OF FUNDS.—The Environmental Protection Agency shall 
use the amount transferred under subsection (a) to pay costs
H. R. 4986—53 
incurred by the Agency pursuant to the agreement described in 
paragraph (2) of such subsection. 
SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF 
STIPULATED PENALTIES IN CONNECTION WITH JACKSON 
PARK HOUSING COMPLEX, WASHINGTON. 
(a) AUTHORITY TO TRANSFER FUNDS.— 
(1) TRANSFER
AMOUNT.—Using funds described in sub-
section (b), the Secretary of the Navy may, notwithstanding 
section 2215 of title 10, United States Code, transfer not more 
than $40,000.00 to the Hazardous Substance Superfund. 
(2) PURPOSE OF TRANSFER.—The payment under paragraph 
(1) is to pay a stipulated penalty assessed by the Environmental 
Protection Agency on October 25, 2005, against the Jackson 
Park Housing Complex, Washington, for the failure by the 
Navy to timely submit a draft final Phase II Remedial Inves-
tigation Work Plan for the Jackson Park Housing Complex 
Operable Unit (OU–3T–JPHC) pursuant to a schedule included 
in an Interagency Agreement (Administrative Docket No. 
CERCLA–10–2005–0023). 
(b) SOURCE OF FUNDS.—Any payment under subsection (a) shall 
be made using funds authorized to be appropriated by section 
301(14) for operation and maintenance for Environmental Restora-
tion, Navy. 
(c) USE OF FUNDS.—The amount transferred under subsection 
(a) shall be used by the Environmental Protection Agency to pay 
the penalty described under paragraph (2) of such subsection. 
SEC. 314. REPORT ON CONTROL OF THE BROWN TREE SNAKE. 
(a) FINDINGS.—Congress finds the following: 
(1) The brown tree snake (Boiga irregularis), an invasive 
species, is found in significant numbers on military installations 
and in other areas on Guam, and constitutes a serious threat 
to the ecology of Guam. 
(2) If introduced into Hawaii, the Commonwealth of the 
Northern Mariana Islands, or the continental United States, 
the brown tree snake would pose an immediate and serious 
economic and ecological threat. 
(3) The most probable vector for the introduction of the 
brown tree snake into Hawaii, the Commonwealth of the 
Northern Mariana Islands, or the continental United States 
is the movement from Guam of military aircraft, personnel, 
and cargo, including the household goods of military personnel 
and other military assets. 
(4) It is probable that the movement of military aircraft, 
personnel, and cargo, including the household goods of military 
personnel, from Guam to Hawaii, the Commonwealth of the 
Northern Mariana Islands, or the continental United States 
will increase significantly coincident with the increase in the 
number of military units and personnel stationed on Guam. 
(5) Current policies, programs, procedures, and dedicated 
resources of the Department of Defense and of other depart-
ments and agencies of the United States may not be sufficient 
to adequately address the management, control, and eradication 
of the brown tree snake on Guam and the increasing threat 
of the introduction of the brown tree snake from Guam into 
Hawaii, the Commonwealth of the Northern Mariana Islands,
H. R. 4986—54 
the continental United States, or other non-native environ-
ments. 
(b) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report on the following: 
(1) The actions currently being taken (including the 
resources being made available) by the Department of Defense 
to control, and to develop new or existing techniques to control, 
the brown tree snake on Guam and to prevent the introduction 
of the brown tree snake into Hawaii, the Commonwealth of 
the Northern Mariana Island, the continental United States, 
or any other non-native environment as a result of the move-
ment from Guam of military aircraft, personnel, and cargo, 
including the household goods of military personnel and other 
military assets. Such actions shall include any actions taken 
by the Department of Defense to implement the recommenda-
tions of the Brown Tree Snake Review Panel commissioned 
by the Department of the Interior, as contained in the Review 
Panel’s final report entitled ‘‘Review of Brown Tree Snake 
Problems and Control Programs’’ published in March 2005. 
(2) Current plans for enhanced future actions, policies, 
and procedures and increased levels of resources in order to 
ensure that the projected increase of military personnel sta-
tioned on Guam does not increase the threat of introduction 
of the brown tree snake from Guam into Hawaii, the Common-
wealth of the Northern Mariana Islands, the continental United 
States, or other non-native environments. 
(3) The results of management, control, and eradication 
carried out by the Secretary of Defense, in consultation with 
the Secretary of the Interior, before the date on which the 
report is submitted with respect to brown tree snakes through 
the integrated natural resource management plans prepared 
for military installations in Guam under the pilot program 
authorized by section 101(g) of the Sikes Act (16 U.S.C. 670a(g)). 
SEC. 315. NOTIFICATION OF CERTAIN RESIDENTS AND CIVILIAN 
EMPLOYEES AT CAMP LEJEUNE, NORTH CAROLINA, OF 
EXPOSURE TO DRINKING WATER CONTAMINATION. 
(a) NOTIFICATION OF INDIVIDUALS SERVED BY TARAWA TERRACE 
WATER DISTRIBUTION SYSTEM, INCLUDING KNOX TRAILER PARK.— 
Not later than 1 year after the date of the enactment of this 
Act, the Secretary of the Navy shall make reasonable efforts to 
identify and notify directly individuals who were served by the 
Tarawa Terrace Water Distribution System, including Knox Trailer 
Park, at Camp Lejeune, North Carolina, during the years 1958 
through 1987 that they may have been exposed to drinking water 
contaminated with tetrachloroethylene (PCE). 
(b) NOTIFICATION OF INDIVIDUALS SERVED BY HADNOT POINT 
WATER DISTRIBUTION SYSTEM.—Not later than 1 year after the 
Agency for Toxic Substances and Disease Registry (ATSDR) com-
pletes its water modeling study of the Hadnot Point water distribu-
tion system, the Secretary of the Navy shall make reasonable efforts 
to identify and notify directly individuals who were served by the 
system during the period identified in the study of the drinking 
water contamination to which they may have been exposed. 
(c) NOTIFICATION OF FORMER CIVILIAN EMPLOYEES AT CAMP 
LEJEUNE.—Not later than 1 year after the date of the enactment
H. R. 4986—55 
of this Act, the Secretary of the Navy shall make reasonable efforts 
to identify and notify directly civilian employees who worked at 
Camp Lejeune during the period identified in the ATSDR drinking 
water study of the drinking water contamination to which they 
may have been exposed. 
(d) CIRCULATION OF HEALTH SURVEY.— 
(1) FINDINGS.—Congress makes the following findings: 
(A) Notification and survey efforts related to the 
drinking water contamination described in this section are 
necessary due to the potential negative health impacts 
of these contaminants. 
(B) The Secretary of the Navy will not be able to 
identify or contact all former residents and former 
employees due to the condition, non-existence, or accessi-
bility of records. 
(C) It is the intent of Congress that the Secretary 
of the Navy contact as many former residents and former 
employees as quickly as possible. 
(2) ATSDR HEALTH SURVEY.— 
(A) DEVELOPMENT.— 
(i) IN GENERAL.—Not later than 120 days after 
the date of the enactment of this Act, the ATSDR, 
in consultation with a well-qualified contractor selected 
by the ATSDR, shall develop a health survey that 
would voluntarily request of individuals described in 
subsections (a), (b), and (c) personal health information 
that may lead to scientifically useful health informa-
tion associated with exposure to trichloroethylene 
(TCE), PCE, vinyl chloride, and the other contaminants 
identified in the ATSDR studies that may provide a 
basis for further reliable scientific studies of potentially 
adverse health impacts of exposure to contaminated 
water at Camp Lejeune. 
(ii) FUNDING.—The Secretary of the Navy is 
authorized to provide from available funds the nec-
essary funding for the ATSDR to develop the health 
survey. 
(B) INCLUSION WITH NOTIFICATION.—The survey devel-
oped under subparagraph (A) shall be distributed by the 
Secretary of the Navy concurrently with the direct notifica-
tion required under subsections (a), (b), and (c). 
(e) USE OF MEDIA TO SUPPLEMENT NOTIFICATION.—The Sec-
retary of the Navy may use media notification as a supplement 
to direct notification of individuals described under subsections 
(a), (b), and (c). Media notification may reach those individuals 
not identifiable via remaining records. Once individuals respond 
to media notifications, the Secretary will add them to the contact 
list to be included in future information updates.
H. R. 4986—56 
Subtitle C—Workplace and Depot Issues 
SEC. 321. AVAILABILITY OF FUNDS IN DEFENSE INFORMATION SYS-
TEMS AGENCY WORKING CAPITAL FUND FOR TECH-
NOLOGY UPGRADES TO DEFENSE INFORMATION SYS-
TEMS NETWORK. 
(a) IN GENERAL.—Notwithstanding section 2208 of title 10, 
United States Code, funds in the Defense Information Systems 
Agency Working Capital Fund may be used for expenses directly 
related to technology upgrades to the Defense Information Systems 
Network. 
(b) LIMITATION ON CERTAIN PROJECTS.—Funds may not be used 
under subsection (a) for— 
(1) any technology insertion to the Defense Information 
Systems Network that significantly changes the performance 
envelope of an end item; or 
(2) any component with an estimated total cost in excess 
of $500,000. 
(c) LIMITATION
IN FISCAL YEAR PENDING TIMELY REPORT.— 
If in any fiscal year the report required by paragraph (1) of sub-
section (d) is not submitted by the date specified in paragraph 
(2) of subsection (d), funds may not be used under subsection 
(a) in such fiscal year during the period— 
(1) beginning on the date specified in paragraph (2) of 
subsection (d); and 
(2) ending on the date of the submittal of the report under 
paragraph (1) of subsection (d). 
(d) ANNUAL REPORT.— 
(1) IN GENERAL.—The Director of the Defense Information 
Systems Agency shall submit to the congressional defense 
committees each fiscal year a report on the use of the authority 
in subsection (a) during the preceding fiscal year. 
(2) DEADLINE
FOR
SUBMITTAL.—The report required by 
paragraph (1) in a fiscal year shall be submitted not later 
than 60 days after the date of the submittal to Congress of 
the budget of the President for the succeeding fiscal year pursu-
ant to section 1105 of title 31, United States Code. 
(e) SUNSET.—The authority in subsection (a) shall expire on 
October 1, 2011. 
SEC. 322. MODIFICATION TO PUBLIC-PRIVATE COMPETITION REQUIRE-
MENTS 
BEFORE 
CONVERSION 
TO 
CONTRACTOR 
PERFORMANCE. 
(a) COMPARISON
OF
RETIREMENT
SYSTEM
COSTS.—Section 
2461(a)(1) of title 10, United States Code, is amended— 
(1) in subparagraph (F), by striking ‘‘and’’ at the end; 
(2) by redesignating subparagraph (G) as subparagraph 
(H); and 
(3) by inserting after subparagraph (F) the following new 
subparagraph (G): 
‘‘(G) requires that the contractor shall not receive an advan-
tage for a proposal that would reduce costs for the Department 
of Defense by— 
‘‘(i) not making an employer-sponsored health insur-
ance plan (or payment that could be used in lieu of such 
a plan), health savings account, or medical savings account
H. R. 4986—57 
available to the workers who are to be employed to perform 
the function under the contract; 
‘‘(ii) offering to such workers an employer-sponsored 
health benefits plan that requires the employer to con-
tribute less towards the premium or subscription share 
than the amount that is paid by the Department of Defense 
for health benefits for civilian employees of the Department 
under chapter 89 of title 5; or 
‘‘(iii) offering to such workers a retirement benefit that, 
in any year, costs less than the annual retirement cost 
factor applicable to civilian employees of the Department 
of Defense under chapter 84 of title 5; and’’. 
(b) 
CONFORMING
AMENDMENTS.—Such 
title 
is 
further 
amended— 
(1) by striking section 2467; and 
(2) in section 2461— 
(A) by redesignating subsections (b) through (d) as 
subsections (c) through (e), respectively; and 
(B) by inserting after subsection (a) the following new 
subsection (b): 
‘‘(b) REQUIREMENT TO CONSULT DOD EMPLOYEES.—(1) Each 
officer or employee of the Department of Defense responsible for 
determining under Office of Management and Budget Circular A– 
76 whether to convert to contractor performance any function of 
the Department of Defense— 
‘‘(A) shall, at least monthly during the development and 
preparation of the performance work statement and the 
management efficiency study used in making that determina-
tion, consult with civilian employees who will be affected by 
that determination and consider the views of such employees 
on the development and preparation of that statement and 
that study; and 
‘‘(B) may consult with such employees on other matters 
relating to that determination. 
‘‘(2)(A) In the case of employees represented by a labor organiza-
tion accorded exclusive recognition under section 7111 of title 5, 
consultation with representatives of that labor organization shall 
satisfy the consultation requirement in paragraph (1). 
‘‘(B) In the case of employees other than employees referred 
to in subparagraph (A), consultation with appropriate representa-
tives of those employees shall satisfy the consultation requirement 
in paragraph (1). 
‘‘(C) The Secretary of Defense shall prescribe regulations to 
carry out this subsection. The regulations shall include provisions 
for the selection or designation of appropriate representatives of 
employees referred to in subparagraph (B) for purposes of the 
consultation required by paragraph (1).’’. 
(c) TECHNICAL AMENDMENTS.—Section 2461 of such title, as 
amended by this section, is further amended— 
(1) in subsection (a)(1)— 
(A) in subparagraph (B), by inserting after ‘‘2003’’ the 
following: ‘‘, or any successor circular’’; and 
(B) in subparagraph (D), by striking ‘‘and reliability’’ 
and inserting ‘‘, reliability, and timeliness’’; and 
(2) in subsection (c)(2), as redesignated by subsection (b)(2), 
by inserting ‘‘of’’ after ‘‘examination’’.
H. R. 4986—58 
(d) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 146 of such title is amended by striking the item 
relating to section 2467. 
SEC. 323. PUBLIC-PRIVATE COMPETITION AT END OF PERIOD SPECI-
FIED IN PERFORMANCE AGREEMENT NOT REQUIRED. 
Section 2461(a) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(4) A military department or Defense Agency may not be 
required to conduct a public-private competition under Office of 
Management and Budget Circular A–76 or any other provision 
of law at the end of the performance period specified in a letter 
of obligation or other agreement entered into with Department 
of Defense civilian employees pursuant to a public-private competi-
tion for any function of the Department of Defense performed by 
Department of Defense civilian employees.’’. 
SEC. 324. GUIDELINES ON INSOURCING NEW AND CONTRACTED OUT 
FUNCTIONS. 
(a) CODIFICATION AND REVISION OF REQUIREMENT FOR GUIDE-
LINES.— 
(1) IN GENERAL.—Chapter 146 of title 10, United States 
Code, is amended by inserting after section 2462 the following 
new section: 
‘‘§ 2463. Guidelines and procedures for use of civilian 
employees to perform Department of Defense 
functions 
‘‘(a) GUIDELINES
REQUIRED.—(1) The Under Secretary of 
Defense for Personnel and Readiness shall devise and implement 
guidelines and procedures to ensure that consideration is given 
to using, on a regular basis, Department of Defense civilian 
employees to perform new functions and functions that are per-
formed by contractors and could be performed by Department of 
Defense civilian employees. The Secretary of a military department 
may prescribe supplemental regulations, if the Secretary determines 
such regulations are necessary for implementing such guidelines 
within that military department. 
‘‘(2) The guidelines and procedures required under paragraph 
(1) may not include any specific limitation or restriction on the 
number of functions or activities that may be converted to perform-
ance by Department of Defense civilian employees. 
‘‘(b) SPECIAL CONSIDERATION
FOR CERTAIN FUNCTIONS.—The 
guidelines and procedures required under subsection (a) shall pro-
vide for special consideration to be given to using Department 
of Defense civilian employees to perform any function that— 
‘‘(1) is performed by a contractor and— 
‘‘(A) has been performed by Department of Defense 
civilian employees at any time during the previous 10 
years; 
‘‘(B) is a function closely associated with the perform-
ance of an inherently governmental function; 
‘‘(C) has been performed pursuant to a contract 
awarded on a non-competitive basis; or 
‘‘(D) has been performed poorly, as determined by a 
contracting officer during the 5-year period preceding the 
date of such determination, because of excessive costs or 
inferior quality; or
H. R. 4986—59 
‘‘(2) is a new requirement, with particular emphasis given 
to a new requirement that is similar to a function previously 
performed by Department of Defense civilian employees or is 
a function closely associated with the performance of an inher-
ently governmental function. 
‘‘(c) EXCLUSION OF CERTAIN FUNCTIONS FROM COMPETITIONS.— 
The Secretary of Defense may not conduct a public-private competi-
tion under this chapter, Office of Management and Budget Circular 
A–76, or any other provision of law or regulation before— 
‘‘(1) in the case of a new Department of Defense function, 
assigning the performance of the function to Department of 
Defense civilian employees; 
‘‘(2) in the case of any Department of Defense function 
described in subsection (b), converting the function to perform-
ance by Department of Defense civilian employees; or 
‘‘(3) in the case of a Department of Defense function per-
formed by Department of Defense civilian employees, expanding 
the scope of the function. 
‘‘(d) USE OF FLEXIBLE HIRING AUTHORITY.—(1) The Secretary 
of Defense may use the flexible hiring authority available to the 
Secretary under the National Security Personnel System, as estab-
lished pursuant to section 9902 of title 5, to facilitate the perform-
ance by Department of Defense civilian employees of functions 
described in subsection (b). 
‘‘(2) The Secretary shall make use of the inventory required 
by section 2330a(c) of this title for the purpose of identifying func-
tions that should be considered for performance by Department 
of Defense civilian employees pursuant to subsection (b). 
‘‘(e) DEFINITIONS.—In this section the term ‘functions closely 
associated with inherently governmental functions’ has the meaning 
given that term in section 2383(b)(3) of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 2462 the following new item: 
‘‘2463. Guidelines and procedures for use of civilian employees to perform Depart-
ment of Defense functions.’’. 
(3) DEADLINE FOR ISSUANCE OF GUIDELINES AND PROCE-
DURES.—The Secretary of Defense shall implement the guide-
lines and procedures required under section 2463 of title 10, 
United States Code, as added by paragraph (1), by not later 
than 60 days after the date of the enactment of this Act. 
(b) INSPECTOR GENERAL REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Inspector General 
of the Department of Defense shall submit to the congressional 
defense committees a report on the implementation of this section 
and the amendments made by this section. 
(c) CONFORMING REPEAL.—The National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163) is amended by 
striking section 343. 
SEC. 325. RESTRICTION ON OFFICE OF MANAGEMENT AND BUDGET 
INFLUENCE OVER DEPARTMENT OF DEFENSE PUBLIC- 
PRIVATE COMPETITIONS. 
(a) RESTRICTION ON OFFICE OF MANAGEMENT AND BUDGET.— 
The Office of Management and Budget may not direct or require 
the Secretary of Defense or the Secretary of a military department 
to prepare for, undertake, continue, or complete a public-private
H. R. 4986—60 
competition or direct conversion of a Department of Defense function 
to performance by a contractor under Office of Management and 
Budget Circular A–76, or any other successor regulation, directive, 
or policy. 
(b) RESTRICTION ON SECRETARY OF DEFENSE.—The Secretary 
of Defense or the Secretary of a military department may not 
prepare for, undertake, continue, or complete a public-private com-
petition or direct conversion of a Department of Defense function 
to performance by a contractor under Office of Management and 
Budget Circular A–76, or any other successor regulation, directive, 
or policy by reason of any direction or requirement provided by 
the Office of Management and Budget. 
(c) INSPECTOR GENERAL REVIEW.— 
(1) COMPREHENSIVE
REVIEW
REQUIRED.—The Inspector 
General of the Department of Defense shall conduct a com-
prehensive review of the compliance of the Secretary of Defense 
and the Secretaries of the military departments with the 
requirements of this section during calendar year 2008. The 
Inspector General shall submit to the congressional defense 
committees the following reports on the comprehensive review: 
(A) An interim report, to be submitted by not later 
than 90 days after the date of the enactment of this Act. 
(B) A final report, to be submitted by not later than 
December 31, 2008. 
(2) INSPECTOR GENERAL ACCESS.—For the purpose of deter-
mining compliance with the requirements of this section, the 
Secretary of Defense shall ensure that the Inspector General 
has access to all Department records of relevant communica-
tions between Department officials and officials of other depart-
ments and agencies of the Federal Government, whether such 
communications occurred inside or outside of the Department. 
SEC. 326. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER 
OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A–76. 
(a) ELIGIBILITY TO PROTEST PUBLIC-PRIVATE COMPETITIONS.— 
Section 3551(2) of title 31, United States Code, is amended to 
read as follows: 
‘‘(2) The term ‘interested party’— 
‘‘(A) with respect to a contract or a solicitation or 
other request for offers described in paragraph (1), means 
an actual or prospective bidder or offeror whose direct 
economic interest would be affected by the award of the 
contract or by failure to award the contract; and 
‘‘(B) with respect to a public-private competition con-
ducted under Office of Management and Budget Circular 
A–76 with respect to the performance of an activity or 
function of a Federal agency, or a decision to convert a 
function performed by Federal employees to private sector 
performance without a competition under Office of Manage-
ment and Budget Circular A–76, includes— 
‘‘(i) any official who submitted the agency tender 
in such competition; and 
‘‘(ii) any one individual who, for the purpose of 
representing the Federal employees engaged in the 
performance of the activity or function for which the 
public-private competition is conducted in a protest
H. R. 4986—61 
under this subchapter that relates to such public-pri-
vate competition, has been designated as the agent 
of the Federal employees by a majority of such 
employees.’’. 
(b) EXPEDITED ACTION.— 
(1) IN GENERAL.—Subchapter V of chapter 35 of such title 
is amended by adding at the end the following new section: 
‘‘§ 3557. Expedited action in protests of Public-Private com-
petitions 
‘‘For any protest of a public-private competition conducted 
under Office of Management and Budget Circular A–76 with respect 
to the performance of an activity or function of a Federal agency, 
the Comptroller General shall administer the provisions of this 
subchapter in the manner best suited for expediting the final resolu-
tion of the protest and the final action in the public-private competi-
tion.’’. 
(2) CLERICAL AMENDMENT.—The chapter analysis at the 
beginning of such chapter is amended by inserting after the 
item relating to section 3556 the following new item: 
‘‘3557. Expedited action in protests of public-private competitions.’’. 
(c) RIGHT
TO INTERVENE
IN CIVIL ACTION.—Section 1491(b) 
of title 28, United States Code, is amended by adding at the end 
the following new paragraph: 
‘‘(5) If an interested party who is a member of the private 
sector commences an action described in paragraph (1) with respect 
to a public-private competition conducted under Office of Manage-
ment and Budget Circular A–76 regarding the performance of an 
activity or function of a Federal agency, or a decision to convert 
a function performed by Federal employees to private sector 
performance without a competition under Office of Management 
and Budget Circular A–76, then an interested party described in 
section 3551(2)(B) of title 31 shall be entitled to intervene in that 
action.’’. 
(d) APPLICABILITY.—Subparagraph (B) of section 3551(2) of title 
31, United States Code (as added by subsection (a)), and paragraph 
(5) of section 1491(b) of title 28, United States Code (as added 
by subsection (c)), shall apply to— 
(1) a protest or civil action that challenges final selection 
of the source of performance of an activity or function of a 
Federal agency that is made pursuant to a study initiated 
under Office of Management and Budget Circular A–76 on 
or after January 1, 2004; and 
(2) any other protest or civil action that relates to a public- 
private competition initiated under Office of Management and 
Budget Circular A–76, or to a decision to convert a function 
performed by Federal employees to private sector performance 
without a competition under Office of Management and Budget 
Circular A–76, on or after the date of the enactment of this 
Act. 
SEC. 
327. 
PUBLIC-PRIVATE 
COMPETITION 
REQUIRED 
BEFORE 
CONVERSION TO CONTRACTOR PERFORMANCE. 
(a) IN GENERAL.—The Office of Federal Procurement Policy 
Act (41 U.S.C. 403 et seq.) is amended by adding at the end 
the following new section:
H. R. 4986—62 
‘‘SEC. 43. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE CONVER-
SION TO CONTRACTOR PERFORMANCE. 
‘‘(a) PUBLIC-PRIVATE COMPETITION.—(1) A function of an execu-
tive agency performed by 10 or more agency civilian employees 
may not be converted, in whole or in part, to performance by 
a contractor unless the conversion is based on the results of a 
public-private competition that— 
‘‘(A) formally compares the cost of performance of the func-
tion by agency civilian employees with the cost of performance 
by a contractor; 
‘‘(B) creates an agency tender, including a most efficient 
organization plan, in accordance with Office of Management 
and Budget Circular A–76, as implemented on May 29, 2003, 
or any successor circular; 
‘‘(C) includes the issuance of a solicitation; 
‘‘(D) determines whether the submitted offers meet the 
needs of the executive agency with respect to factors other 
than cost, including quality, reliability, and timeliness; 
‘‘(E) examines the cost of performance of the function by 
agency civilian employees and the cost of performance of the 
function by one or more contractors to demonstrate whether 
converting to performance by a contractor will result in savings 
to the Government over the life of the contract, including— 
‘‘(i) the estimated cost to the Government (based on 
offers received) for performance of the function by a con-
tractor; 
‘‘(ii) the estimated cost to the Government for perform-
ance of the function by agency civilian employees; and 
‘‘(iii) an estimate of all other costs and expenditures 
that the Government would incur because of the award 
of such a contract; 
‘‘(F) requires continued performance of the function by 
agency civilian employees unless the difference in the cost 
of performance of the function by a contractor compared to 
the cost of performance of the function by agency civilian 
employees would, over all performance periods required by 
the solicitation, be equal to or exceed the lesser of— 
‘‘(i) 10 percent of the personnel-related costs for 
performance of that function in the agency tender; or 
‘‘(ii) $10,000,000; and 
‘‘(G) examines the effect of performance of the function 
by a contractor on the agency mission associated with the 
performance of the function. 
‘‘(2) A function that is performed by the executive agency and 
is reengineered, reorganized, modernized, upgraded, expanded, or 
changed to become more efficient, but still essentially provides 
the same service, shall not be considered a new requirement. 
‘‘(3) In no case may a function being performed by executive 
agency personnel be— 
‘‘(A) modified, reorganized, divided, or in any way changed 
for the purpose of exempting the conversion of the function 
from the requirements of this section; or 
‘‘(B) converted to performance by a contractor to circumvent 
a civilian personnel ceiling. 
‘‘(b) REQUIREMENT TO CONSULT EMPLOYEES.—(1) Each civilian 
employee of an executive agency responsible for determining under
H. R. 4986—63 
Office of Management and Budget Circular A–76 whether to convert 
to contractor performance any function of the executive agency— 
‘‘(A) shall, at least monthly during the development and 
preparation of the performance work statement and the 
management efficiency study used in making that determina-
tion, consult with civilian employees who will be affected by 
that determination and consider the views of such employees 
on the development and preparation of that statement and 
that study; and 
‘‘(B) may consult with such employees on other matters 
relating to that determination. 
‘‘(2)(A) In the case of employees represented by a labor organiza-
tion accorded exclusive recognition under section 7111 of title 5, 
United States Code, consultation with representatives of that labor 
organization shall satisfy the consultation requirement in paragraph 
(1). 
‘‘(B) In the case of employees other than employees referred 
to in subparagraph (A), consultation with appropriate representa-
tives of those employees shall satisfy the consultation requirement 
in paragraph (1). 
‘‘(C) The head of each executive agency shall prescribe regula-
tions to carry out this subsection. The regulations shall include 
provisions for the selection or designation of appropriate representa-
tives of employees referred to in paragraph (2)(B) for purposes 
of consultation required by paragraph (1). 
‘‘(c) CONGRESSIONAL NOTIFICATION.—(1) Before commencing a 
public-private competition under subsection (a), the head of an 
executive agency shall submit to Congress a report containing the 
following: 
‘‘(A) The function for which such public-private competition 
is to be conducted. 
‘‘(B) The location at which the function is performed by 
agency civilian employees. 
‘‘(C) The number of agency civilian employee positions 
potentially affected. 
‘‘(D) The anticipated length and cost of the public-private 
competition, and a specific identification of the budgetary line 
item from which funds will be used to cover the cost of the 
public-private competition. 
‘‘(E) A certification that a proposed performance of the 
function by a contractor is not a result of a decision by an 
official of an executive agency to impose predetermined con-
straints or limitations on such employees in terms of man 
years, end strengths, full-time equivalent positions, or max-
imum number of employees. 
‘‘(2) The report required under paragraph (1) shall include 
an examination of the potential economic effect of performance 
of the function by a contractor on— 
‘‘(A) agency civilian employees who would be affected by 
such a conversion in performance; and 
‘‘(B) the local community and the Government, if more 
than 50 agency civilian employees perform the function. 
‘‘(3)(A) A representative individual or entity at a facility where 
a public-private competition is conducted may submit to the head 
of the executive agency an objection to the public-private competi-
tion on the grounds that the report required by paragraph (1)
H. R. 4986—64 
has not been submitted or that the certification required by para-
graph (1)(E) is not included in the report submitted as a condition 
for the public-private competition. The objection shall be in writing 
and shall be submitted within 90 days after the following date: 
‘‘(i) In the case of a failure to submit the report when 
required, the date on which the representative individual or 
an official of the representative entity authorized to pose the 
objection first knew or should have known of that failure. 
‘‘(ii) In the case of a failure to include the certification 
in a submitted report, the date on which the report was sub-
mitted to Congress. 
‘‘(B) If the head of the executive agency determines that the 
report required by paragraph (1) was not submitted or that the 
required certification was not included in the submitted report, 
the function for which the public-private competition was conducted 
for which the objection was submitted may not be the subject 
of a solicitation of offers for, or award of, a contract until, respec-
tively, the report is submitted or a report containing the certification 
in full compliance with the certification requirement is submitted. 
‘‘(d) EXEMPTION FOR THE PURCHASE OF PRODUCTS AND SERVICES 
OF
THE BLIND
AND OTHER SEVERELY HANDICAPPED PERSONS.— 
This section shall not apply to a commercial or industrial type 
function of an executive agency that— 
‘‘(1) is included on the procurement list established pursu-
ant to section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 
47); or 
‘‘(2) is planned to be changed to performance by a qualified 
nonprofit agency for the blind or by a qualified nonprofit agency 
for other severely handicapped persons in accordance with that 
Act. 
‘‘(e) INAPPLICABILITY DURING WAR OR EMERGENCY.—The provi-
sions of this section shall not apply during war or during a period 
of national emergency declared by the President or Congress.’’. 
(b) CLERICAL AMENDMENT.—The table of sections in section 
1(b) of such Act is amended by adding at the end the following 
new item: 
‘‘Sec. 43. Public-private competition required before conversion to contractor per-
formance.’’. 
SEC. 328. EXTENSION OF AUTHORITY FOR ARMY INDUSTRIAL FACILI-
TIES TO ENGAGE IN COOPERATIVE ACTIVITIES WITH 
NON-ARMY ENTITIES. 
(a) EXTENSION OF AUTHORITY.—Section 4544 of title 10, United 
States Code, is amended— 
(1) in subsection (a), by adding at the end the following: 
‘‘This authority may be used to enter into not more than eight 
contracts or cooperative agreements.’’; and 
(2) in subsection (k), by striking ‘‘2009’’ and inserting 
‘‘2014’’. 
(b) REPORTS.— 
(1) ANNUAL REPORT ON USE OF AUTHORITY.—The Secretary 
of the Army shall submit to Congress at the same time the 
budget of the President is submitted to Congress for fiscal 
years 2009 through 2016 under section 1105 of title 31, United 
States Code, a report on the use of the authority provided 
under section 4544 of title 10, United States Code.