586 
website selected by the Administrator for Federal Procure-
ment Policy. 
‘‘(3) This subsection does not require the public avail-
ability of information that is exempt from public disclosure 
under section 552(b) of title 5.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
2304(f) of such title is amended— 
(A) by striking paragraph (4); and 
(B) by redesignating paragraphs (5) and 
(6) as paragraphs (4) and (5), respectively. 
SEC. 845. DISCLOSURE OF GOVERNMENT CONTRACTOR 
AUDIT FINDINGS. 
(a) REQUIRED ANNEX ON SIGNIFICANT AUDIT FIND-
INGS.— 
(1) IN GENERAL.—Each Inspector General ap-
pointed under the Inspector General Act of 1978 
shall submit, as part of the semiannual report sub-
mitted to Congress pursuant to section 5 of such 
Act, an annex on final, completed contract audit re-
ports issued to the contracting activity containing 
significant audit findings issued during the period 
covered by the semiannual report concerned. 
(2) ELEMENTS.—Such annex shall include— 
(A) a list of such contract audit reports; 
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(B) for each audit report, a brief descrip-
tion of the nature of the significant audit find-
ings in the report; and 
(C) for each audit report, the specific 
amounts of costs identified as unsupported, 
questioned, or disallowed. 
(3) INFORMATION EXEMPT FROM PUBLIC DIS-
CLOSURE.—(A) Nothing in this subsection shall be 
construed to require the release of information to 
the public that is exempt from public disclosure 
under section 552(b) of title 5, United States Code. 
(B) For each element required by paragraph 
(2), the Inspector General concerned shall note each 
instance where information has been redacted in ac-
cordance with the requirements of section 552(b) of 
title 5, United States Code, and submit an 
unredacted annex to the committees listed in sub-
section (d)(2) within 7 days after the issuance of the 
semiannual report. 
(b) DEFENSE
CONTRACT
AUDIT
AGENCY
IN-
CLUDED.—For purposes of subsection (a), audits of the 
Defense Contract Audit Agency shall be included in the 
annex provided by the Inspector General of the Depart-
ment of Defense if they include significant audit findings. 
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(c) EXCEPTION.—Subsection (a) shall not apply to 
an Inspector General if no audits described in such sub-
section were issued during the covered period. 
(d) SUBMISSION OF INDIVIDUAL AUDITS.— 
(1) REQUIREMENT.—The head of each Federal 
department or agency shall provide, within 14 days 
after a request in writing by the chairman or rank-
ing member of any committee listed in paragraph 
(2), a full and unredacted copy of any audit de-
scribed in subsection (a). Such copy shall include an 
identification of information in the audit exempt 
from public disclosure under section 552(b) of title 
5, United States Code. 
(2) COMMITTEES.—The committees listed in 
this paragraph are the following: 
(A) The Committee on Oversight and Gov-
ernment Reform of the House of Representa-
tives. 
(B) The Committee on Homeland Security 
and Governmental Affairs of the Senate. 
(C) The Committees on Appropriations of 
the House of Representatives and the Senate. 
(D) With respect to the Department of De-
fense and the Department of Energy, the Com-
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589 
mittees on Armed Services of the Senate and 
House of Representatives. 
(E) The Committees of primary jurisdic-
tion over the agency or department to which the 
request is made. 
(e) CLASSIFIED INFORMATION.—Nothing in this sec-
tion shall be interpreted to require the handling of classi-
fied information or information relating to intelligence 
sources and methods in a manner inconsistent with any 
law, regulation, executive order, or rule of the House of 
Representatives or of the Senate relating to the handling 
or protection of such information. 
(f) DEFINITIONS.—In this section: 
(1) SIGNIFICANT AUDIT FINDINGS.—The term 
‘‘significant audit findings’’ includes— 
(A) unsupported, questioned, or disallowed 
costs in an amount in excess of $10,000,000; or 
(B) other findings that the Inspector Gen-
eral of the agency or department concerned de-
termines to be significant. 
(2) CONTRACT.—The term ‘‘contract’’ includes 
a contract, an order placed under a task or delivery 
order contract, or a subcontract. 
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590 
SEC. 846. PROTECTION FOR CONTRACTOR EMPLOYEES 
FROM REPRISAL FOR DISCLOSURE OF CER-
TAIN INFORMATION. 
(a) INCREASED PROTECTION FROM REPRISAL.— 
Subsection (a) of section 2409 of title 10, United States 
Code, is amended— 
(1) by striking ‘‘disclosing to a Member of Con-
gress’’ and inserting ‘‘disclosing to a Member of 
Congress, a representative of a committee of Con-
gress, an Inspector General, the Government Ac-
countability Office, a Department of Defense em-
ployee responsible for contract oversight or manage-
ment,’’; and 
(2) by striking ‘‘information relating to a sub-
stantial violation of law related to a contract (includ-
ing the competition for or negotiation of a con-
tract)’’ and inserting ‘‘information that the employee 
reasonably believes is evidence of gross mismanage-
ment of a Department of Defense contract or grant, 
a gross waste of Department of Defense funds, a 
substantial and specific danger to public health or 
safety, or a violation of law related to a Department 
of Defense contract (including the competition for or 
negotiation of a contract) or grant’’. 
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591 
(b) CLARIFICATION OF INSPECTOR GENERAL DE-
TERMINATION.—Subsection (b) of such section is amend-
ed— 
(1) by inserting ‘‘(1)’’ after ‘‘INVESTIGATION 
OF COMPLAINTS.—’’; 
(2) by striking ‘‘an agency’’ and inserting ‘‘the 
Department of Defense, or the Inspector General of 
the National Aeronautics and Space Administration 
in the case of a complaint regarding the National 
Aeronautics and Space Administration’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2)(A) Except as provided under subparagraph (B), 
the Inspector General shall make a determination that a 
complaint is frivolous or submit a report under paragraph 
(1) within 180 days after receiving the complaint. 
‘‘(B) If the Inspector General is unable to complete 
an investigation in time to submit a report within the 180- 
day period specified in subparagraph (A) and the person 
submitting the complaint agrees to an extension of time, 
the Inspector General shall submit a report under para-
graph (1) within such additional period of time as shall 
be agreed upon between the Inspector General and the 
person submitting the complaint.’’. 
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592 
(c) ACCELERATION OF SCHEDULE FOR DENYING RE-
LIEF OR PROVIDING REMEDY.—Subsection (c) of such 
section is amended— 
(1) in paragraph (1), by striking ‘‘If the head 
of the agency determines that a contractor has sub-
jected a person to a reprisal prohibited by subsection 
(a), the head of the agency may’’ and inserting after 
‘‘(1)’’ the following: ‘‘Not later than 30 days after 
receiving an Inspector General report pursuant to 
subsection (b), the head of the agency concerned 
shall determine whether there is sufficient basis to 
conclude that the contractor concerned has subjected 
the complainant to a reprisal prohibited by sub-
section (a) and shall either issue an order denying 
relief or shall’’; 
(2) by redesignating paragraphs (2) and (3) as 
paragraphs (4) and (5), respectively; and 
(3) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) If the head of an executive agency issues an 
order denying relief under paragraph (1) or has not issued 
an order within 210 days after the submission of a com-
plaint under subsection (b), or in the case of an extension 
of time under paragraph (b)(2)(B), not later than 30 days 
after the expiration of the extension of time, and there 
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593 
is no showing that such delay is due to the bad faith of 
the complainant, the complainant shall be deemed to have 
exhausted all administrative remedies with respect to the 
complaint, and the complainant may bring a de novo ac-
tion at law or equity against the contractor to seek com-
pensatory damages and other relief available under this 
section in the appropriate district court of the United 
States, which shall have jurisdiction over such an action 
without regard to the amount in controversy. Such an ac-
tion shall, at the request of either party to the action, be 
tried by the court with a jury. 
‘‘(3) An Inspector General determination and an 
agency head order denying relief under paragraph (2) 
shall be admissible in evidence in any de novo action at 
law or equity brought pursuant to this subsection.’’. 
(d) DEFINITIONS.—Subsection (e) of such section is 
amended— 
(1) in paragraph (4), by inserting ‘‘or a grant’’ 
after ‘‘a contract’’; and 
(2) by inserting before the period at the end the 
following: ‘‘and any Inspector General that receives 
funding from, or has oversight over contracts award-
ed for or on behalf of, the Secretary of Defense’’. 
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594 
SEC. 847. REQUIREMENTS FOR SENIOR DEPARTMENT OF 
DEFENSE OFFICIALS SEEKING EMPLOYMENT 
WITH DEFENSE CONTRACTORS. 
(a) REQUIREMENT TO SEEK AND OBTAIN WRITTEN 
OPINION.— 
(1) REQUEST.—An official or former official of 
the Department of Defense described in subsection 
(c) who, within two years after leaving service in the 
Department of Defense, expects to receive com-
pensation from a Department of Defense contractor, 
shall, prior to accepting such compensation, request 
a written opinion regarding the applicability of post- 
employment restrictions to activities that the official 
or former official may undertake on behalf of a con-
tractor. 
(2) SUBMISSION OF REQUEST.—A request for a 
written opinion under paragraph (1) shall be sub-
mitted in writing to an ethics official of the Depart-
ment of Defense having responsibility for the organi-
zation in which the official or former official serves 
or served and shall set forth all information relevant 
to the request, including information relating to gov-
ernment positions held and major duties in those po-
sitions, actions taken concerning future employment, 
positions sought, and future job descriptions, if ap-
plicable. 
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595 
(3) WRITTEN
OPINION.—Not later than 30 
days after receiving a request by an official or 
former official of the Department of Defense de-
scribed in subsection (c), the appropriate ethics 
counselor shall provide such official or former offi-
cial a written opinion regarding the applicability or 
inapplicability of post-employment restrictions to ac-
tivities that the official or former official may under-
take on behalf of a contractor. 
(4) CONTRACTOR
REQUIREMENT.—A Depart-
ment of Defense contractor may not knowingly pro-
vide compensation to a former Department of De-
fense official described in subsection (c) within two 
years after such former official leaves service in the 
Department of Defense, without first determining 
that the former official has sought and received (or 
has not received after 30 days of seeking) a written 
opinion from the appropriate ethics counselor re-
garding the applicability of post-employment restric-
tions to the activities that the former official is ex-
pected to undertake on behalf of the contractor. 
(5) ADMINISTRATIVE
ACTIONS.—In the event 
that an official or former official of the Department 
of Defense described in subsection (c), or a Depart-
ment of Defense contractor, knowingly fails to com-
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ply with the requirements of this subsection, the 
Secretary of Defense may take any of the adminis-
trative actions set forth in section 27(e) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 
423(e)) that the Secretary of Defense determines to 
be appropriate. 
(b) RECORDKEEPING REQUIREMENT.— 
(1) DATABASE.—Each request for a written 
opinion made pursuant to this section, and each 
written opinion provided pursuant to such a request, 
shall be retained by the Department of Defense in 
a central database or repository for not less than 
five years beginning on the date on which the writ-
ten opinion was provided. 
(2) INSPECTOR
GENERAL
REVIEW.—The In-
spector General of the Department of Defense shall 
conduct periodic reviews to ensure that written opin-
ions are being provided and retained in accordance 
with the requirements of this section. The first such 
review shall be conducted no later than two years 
after the date of the enactment of this Act. 
(c) COVERED DEPARTMENT
OF DEFENSE OFFI-
CIALS.—An official or former official of the Department 
of Defense is covered by the requirements of this section 
if such official or former official— 
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(1) participated personally and substantially in 
an acquisition as defined in section 4(16) of the Of-
fice of Federal Procurement Policy Act with a value 
in excess of $10,000,000 and serves or served— 
(A) in an Executive Schedule position 
under subchapter II of chapter 53 of title 5, 
United States Code; 
(B) in a position in the Senior Executive 
Service under subchapter VIII of chapter 53 of 
title 5, United States Code; or 
(C) in a general or flag officer position 
compensated at a rate of pay for grade O–7 or 
above under section 201 of title 37, United 
States Code; or 
(2) serves or served as a program manager, 
deputy program manager, procuring contracting offi-
cer, administrative contracting officer, source selec-
tion authority, member of the source selection eval-
uation board, or chief of a financial or technical 
evaluation team for a contract in an amount in ex-
cess of $10,000,000. 
(d) DEFINITION.—In this section, the term ‘‘post-em-
ployment restrictions’’ includes— 
(1) section 27 of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 423); 
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598 
(2) section 207 of title 18, United States Code; 
and 
(3) any other statute or regulation restricting 
the employment or activities of individuals who leave 
government service in the Department of Defense. 
SEC. 848. REPORT ON CONTRACTOR ETHICS PROGRAMS OF 
MAJOR DEFENSE CONTRACTORS. 
(a) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Comp-
troller General of the United States shall submit to the 
Committees on Armed Services of the Senate and the 
House of Representatives a report on the internal ethics 
programs of major defense contractors. 
(b) ELEMENTS.—The report required by subsection 
(a) shall address, at a minimum— 
(1) the extent to which major defense contrac-
tors have internal ethics programs in place; 
(2) the extent to which the ethics programs de-
scribed in paragraph (1) include— 
(A) the availability of internal mechanisms, 
such as hotlines, for contractor employees to re-
port conduct that may violate applicable re-
quirements of law or regulation; 
(B) notification to contractor employees of 
the availability of external mechanisms, such as 
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the hotline of the Inspector General of the De-
partment of Defense, for the reporting of con-
duct that may violate applicable requirements of 
law or regulation; 
(C) notification to contractor employees of 
their right to be free from reprisal for dis-
closing a substantial violation of law related to 
a contract, in accordance with section 2409 of 
title 10, United States Code; 
(D) ethics training programs for con-
tractor officers and employees; 
(E) internal audit or review programs to 
identify and address conduct that may violate 
applicable requirements of law or regulation; 
(F) self-reporting requirements, under 
which contractors report conduct that may vio-
late applicable requirements of law or regula-
tion to appropriate government officials; 
(G) disciplinary action for contractor em-
ployees whose conduct is determined to have 
violated applicable requirements of law or regu-
lation; and 
(H) appropriate management oversight to 
ensure the successful implementation of such 
ethics programs; 
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600 
(3) the extent to which the Department of De-
fense monitors or approves the ethics programs of 
major defense contractors; and 
(4) the advantages and disadvantages of legisla-
tion requiring that defense contractors develop inter-
nal ethics programs and requiring that specific ele-
ments be included in such ethics programs. 
(c) ACCESS TO INFORMATION.—In accordance with 
the contract clause required pursuant to section 2313(c) 
of title 10, United States Code, each major defense con-
tractor shall provide the Comptroller General access to in-
formation requested by the Comptroller General that is 
within the scope of the report required by this section. 
(d) MAJOR DEFENSE CONTRACTOR DEFINED.—In 
this section, the term ‘‘major defense contractor’’ means 
any company that was awarded contracts by the Depart-
ment of Defense during fiscal year 2006 in amounts total-
ing more than $500,000,000. 
SEC. 849. CONTINGENCY CONTRACTING TRAINING FOR 
PERSONNEL 
OUTSIDE 
THE 
ACQUISITION 
WORKFORCE AND EVALUATIONS OF ARMY 
COMMISSION RECOMMENDATIONS. 
(a) TRAINING REQUIREMENT.—Section 2333 of title 
10, United States Code is amended— 
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(1) by redesignating subsection (e) as sub-
section (f); and 
(2) by inserting after subsection (d) the fol-
lowing new subsection (e): 
‘‘(e) TRAINING FOR PERSONNEL OUTSIDE ACQUISI-
TION WORKFORCE.—(1) The joint policy for requirements 
definition, contingency program management, and contin-
gency contracting required by subsection (a) shall provide 
for training of military personnel outside the acquisition 
workforce (including operational field commanders and of-
ficers performing key staff functions for operational field 
commanders) who are expected to have acquisition respon-
sibility, including oversight duties associated with con-
tracts or contractors, during combat operations, post-con-
flict operations, and contingency operations. 
‘‘(2) Training under paragraph (1) shall be sufficient 
to ensure that the military personnel referred to in that 
paragraph understand the scope and scale of contractor 
support they will experience in contingency operations and 
are prepared for their roles and responsibilities with re-
gard to requirements definition, program management (in-
cluding contractor oversight), and contingency con-
tracting. 
‘‘(3) The joint policy shall also provide for the incor-
poration of contractors and contract operations in mission 
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602 
readiness exercises for operations that will include con-
tracting and contractor support.’’. 
(b) ORGANIZATIONAL REQUIREMENTS.— 
(1) EVALUATION BY THE SECRETARY OF DE-
FENSE.—The Secretary of Defense, in consultation 
with the Chairman of the Joint Chiefs of Staff, shall 
evaluate the recommendations included in the report 
of the Commission on Army Acquisition and Pro-
gram Management in Expeditionary Operations and 
shall determine the extent to which such rec-
ommendations are applicable to the other Armed 
Forces. Not later than 120 days after the date of 
the enactment of this Act, the Secretary of Defense 
shall submit a report to the congressional defense 
committees with the conclusions of this evaluation 
and a description of the Secretary’s plans for imple-
menting the Commission’s recommendations for 
Armed Forces other than the Army. 
(2) EVALUATION BY THE SECRETARY OF THE 
ARMY.—The Secretary of the Army, in consultation 
with the Chief of Staff of the Army, shall evaluate 
the recommendations included in the report of the 
Commission on Army Acquisition and Program 
Management in Expeditionary Operations. Not later 
than 120 days after the date of the enactment of 
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603 
this Act, the Secretary of the Army shall submit to 
the congressional defense committees a report detail-
ing the Secretary’s plans for implementation of the 
recommendations of the Commission. The report 
shall include the following: 
(A) For each recommendation that has 
been implemented, or that the Secretary plans 
to implement— 
(i) a summary of all actions that have 
been 
taken 
to 
implement 
such 
rec-
ommendation; and 
(ii) a schedule, with specific mile-
stones, for completing the implementation 
of such recommendation. 
(B) For each recommendation that the 
Secretary has not implemented and does not 
plan to implement— 
(i) the reasons for the decision not to 
implement such recommendation; and 
(ii) a summary of any alternative ac-
tions the Secretary plans to take to ad-
dress the purposes underlying such rec-
ommendation. 
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(C) For each recommendation that would 
require legislation to implement, the Secretary’s 
recommendations regarding such legislation. 
(c) COMPTROLLER
GENERAL
REPORT.—Section 
854(c) of the John Warner National Defense Authoriza-
tion Act for Fiscal Year 2007 (Public Law 109–364; 120 
Stat. 2346) is amended by adding at the end the following 
new paragraph: 
‘‘(3) COMPTROLLER
GENERAL
REPORT.—Not 
later than 180 days after the date on which the Sec-
retary of Defense submits the final report required 
by paragraph (2), the Comptroller General of the 
United States shall— 
‘‘(A) review the joint policies developed by 
the Secretary, including the implementation of 
such policies; and 
‘‘(B) submit to the Committees on Armed 
Services of the Senate and the House of Rep-
resentatives a report on the extent to which 
such policies, and the implementation of such 
policies, comply with the requirements of sec-
tion 2333 of title 10, United States Code (as so 
amended).’’. 
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605 
Subtitle E—Acquisition Workforce 
Provisions 
SEC. 851. REQUIREMENT FOR SECTION ON DEFENSE AC-
QUISITION 
WORKFORCE 
IN 
STRATEGIC 
HUMAN CAPITAL PLAN. 
(a) IN GENERAL.—In the update of the strategic 
human capital plan for 2008, and in each subsequent up-
date, the Secretary of Defense shall include a separate sec-
tion focused on the defense acquisition workforce, includ-
ing both military and civilian personnel. 
(b) FUNDING.—The section shall contain— 
(1) an identification of the funding programmed 
for defense acquisition workforce improvements, in-
cluding a specific identification of funding provided 
in the Department of Defense Acquisition Workforce 
Fund established under section 1705 of title 10, 
United States Code (as added by section 852 of this 
Act); 
(2) an identification of the funding programmed 
for defense acquisition workforce training in the fu-
ture-years defense program, including a specific 
identification of funding provided by the acquisition 
workforce training fund established under section 
37(h)(3) of the Office of Federal Procurement Pol-
icy Act (41 U.S.C. 433(h)(3)); 
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606 
(3) a description of how the funding identified 
pursuant to paragraphs (1) and (2) will be imple-
mented during the fiscal year concerned to address 
the areas of need identified in accordance with sub-
section (c); 
(4) a statement of whether the funding identi-
fied under paragraphs (1) and (2) is being fully 
used; and 
(5) a description of any continuing shortfall in 
funding available for the defense acquisition work-
force. 
(c) AREAS OF NEED.—The section also shall identify 
any areas of need in the defense acquisition workforce, in-
cluding— 
(1) gaps in the skills and competencies of the 
current or projected defense acquisition workforce; 
(2) changes to the types of skills needed in the 
current or projected defense acquisition workforce; 
(3) incentives to retain in the defense acquisi-
tion workforce qualified, experienced defense acquisi-
tion workforce personnel; and 
(4) incentives for attracting new, high-quality 
personnel to the defense acquisition workforce. 
(d) STRATEGIC HUMAN CAPITAL PLAN DEFINED.— 
In this section, the term ‘‘strategic human capital plan’’ 
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607 
means the strategic human capital plan required under 
section 1122 of the National Defense Authorization Act 
for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3452; 10 U.S.C. prec. 1580 note). 
SEC. 852. DEPARTMENT OF DEFENSE ACQUISITION WORK-
FORCE DEVELOPMENT FUND. 
(a) IN GENERAL.— 
(1) ESTABLISHMENT OF FUND.—Chapter 87 of 
title 10, United States Code, is amended by insert-
ing after section 1704 the following new section: 
‘‘§ 1705. Department of Defense Acquisition Work-
force Development Fund 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense 
shall establish a fund to be known as the ‘Department of 
Defense Acquisition Workforce Fund’ (in this section re-
ferred to as the ‘Fund’) to provide funds, in addition to 
other funds that may be available, for the recruitment, 
training, and retention of acquisition personnel of the De-
partment of Defense. 
‘‘(b) PURPOSE.—The purpose of the Fund is to en-
sure that the Department of Defense acquisition work-
force has the capacity, in both personnel and skills, needed 
to properly perform its mission, provide appropriate over-
sight of contractor performance, and ensure that the De-
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partment receives the best value for the expenditure of 
public resources. 
‘‘(c) MANAGEMENT.—The Fund shall be managed by 
a senior official of the Department of Defense designated 
by the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics for that purpose, from among per-
sons with an extensive background in management relat-
ing to acquisition and personnel. 
‘‘(d) ELEMENTS.— 
‘‘(1) IN GENERAL.—The Fund shall consist of 
amounts as follows: 
‘‘(A) Amounts credited to the Fund under 
paragraph (2). 
‘‘(B) Any other amounts appropriated to, 
credited to, or deposited into the Fund by law. 
‘‘(2) CREDITS TO THE FUND.—(A) There shall 
be credited to the Fund an amount equal to the ap-
plicable percentage for a fiscal year of all amounts 
expended by the Department of Defense in such fis-
cal year for contract services, other than services re-
lating to research and development and services re-
lating to military construction. 
‘‘(B) Not later than 30 days after the end of 
the third fiscal year quarter of fiscal year 2008, and 
30 days after the end of each fiscal year quarter 
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thereafter, the head of each military department and 
Defense Agency shall remit to the Secretary of De-
fense an amount equal to the applicable percentage 
for such fiscal year of the amount expended by such 
military department or Defense Agency, as the case 
may be, during such fiscal year quarter for services 
covered by subparagraph (A). Any amount so remit-
ted shall be credited to the Fund under subpara-
graph (A). 
‘‘(C) For purposes of this paragraph, the appli-
cable percentage for a fiscal year is a percentage as 
follows: 
‘‘(i) For fiscal year 2008, 0.5 percent. 
‘‘(ii) For fiscal year 2009, 1 percent. 
‘‘(iii) For fiscal year 2010, 1.5 percent. 
‘‘(iv) For any fiscal year after fiscal year 
2010, 2 percent. 
‘‘(D) The Secretary of Defense may reduce a 
percentage established in subparagraph (C) for any 
fiscal year, if he determines that the application of 
such percentage would result in the crediting of an 
amount greater than is reasonably needed for the 
purpose of the Fund. In no event may the Secretary 
reduce a percentage for any fiscal year below a per-
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centage that results in the deposit in a fiscal year 
of an amount equal to the following: 
‘‘(i) For fiscal year 2008, $300,000,000. 
‘‘(ii) For fiscal year 2009, $400,000,000. 
‘‘(iii) For fiscal year 2010, $500,000,000. 
‘‘(iv) For any fiscal year after fiscal year 
2010, $600,000,000. 
‘‘(e) AVAILABILITY OF FUNDS.— 
‘‘(1) IN GENERAL.—Subject to the provisions of 
this subsection, amounts in the Fund shall be avail-
able to the Secretary of Defense for expenditure, or 
for transfer to a military department or Defense 
Agency, for the recruitment, training, and retention 
of acquisition personnel of the Department of De-
fense for the purpose of the Fund, including for the 
provision of training and retention incentives to the 
acquisition workforce of the Department. 
‘‘(2) PROHIBITION.—Amounts in the Fund may 
not be obligated for any purpose other than pur-
poses described in paragraph (1) or otherwise in ac-
cordance with this subsection. 
‘‘(3) GUIDANCE.—The Under Secretary of De-
fense for Acquisition, Technology, and Logistics, act-
ing through the senior official designated to manage 
the Fund, shall issue guidance for the administra-
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tion of the Fund. Such guidance shall include provi-
sions— 
‘‘(A) identifying areas of need in the acqui-
sition workforce for which amounts in the Fund 
may be used, including— 
‘‘(i) changes to the types of skills 
needed in the acquisition workforce; 
‘‘(ii) incentives to retain in the acqui-
sition workforce qualified, experienced ac-
quisition workforce personnel; and 
‘‘(iii) incentives for attracting new, 
high-quality personnel to the acquisition 
workforce; 
‘‘(B) describing the manner and timing for 
applications for amounts in the Fund to be sub-
mitted; 
‘‘(C) describing the evaluation criteria to 
be used for approving or prioritizing applica-
tions for amounts in the Fund in any fiscal 
year; and 
‘‘(D) describing measurable objectives of 
performance for determining whether amounts 
in the Fund are being used in compliance with 
this section. 
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‘‘(4) LIMITATION
ON
PAYMENTS
TO
OR
FOR 
CONTRACTORS.—Amounts in the Fund shall not be 
available for payments to contractors or contractor 
employees, other than for the purpose of providing 
advanced training to Department of Defense employ-
ees. 
‘‘(5) PROHIBITION ON PAYMENT OF BASE SAL-
ARY
OF
CURRENT
EMPLOYEES.—Amounts in the 
Fund may not be used to pay the base salary of any 
person who was an employee of the Department as 
of the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2008. 
‘‘(6) DURATION
OF
AVAILABILITY.—Amounts 
credited to the Fund under subsection (d)(2) shall 
remain available for expenditure in the fiscal year 
for which credited and the two succeeding fiscal 
years. 
‘‘(f) ANNUAL REPORT.—Not later than 60 days after 
the end of each fiscal year beginning with fiscal year 2008, 
the Secretary of Defense shall submit to the congressional 
defense committees a report on the operation of the Fund 
during such fiscal year. Each report shall include, for the 
fiscal year covered by such report, the following: 
‘‘(1) A statement of the amounts remitted to 
the Secretary for crediting to the Fund for such fis-
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cal year by each military department and Defense 
Agency, and a statement of the amounts credited to 
the Fund for such fiscal year. 
‘‘(2) A description of the expenditures made 
from the Fund (including expenditures following a 
transfer of amounts in the Fund to a military de-
partment or Defense Agency) in such fiscal year, in-
cluding the purpose of such expenditures. 
‘‘(3) A description and assessment of improve-
ments in the Department of Defense acquisition 
workforce resulting from such expenditures. 
‘‘(4) Recommendations for additional authori-
ties to fulfill the purpose of the Fund. 
‘‘(5) A statement of the balance remaining in 
the Fund at the end of such fiscal year. 
‘‘(g) ACQUISITION WORKFORCE DEFINED.—In this 
section, the term ‘acquisition workforce’ means personnel 
in positions designated under section 1721 of this title as 
acquisition positions for purposes of this chapter.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter I of such chap-
ter is amended by inserting after the item relating 
to section 1704 the following new item: 
‘‘1705. Department of Defense Acquisition Workforce Development Fund.’’. 
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(b) EFFECTIVE DATE.—Section 1705 of title 10, 
United States Code, as added by subsection (a), shall take 
effect on the date of the enactment of this Act. 
SEC. 853. EXTENSION OF AUTHORITY TO FILL SHORTAGE 
CATEGORY POSITIONS FOR CERTAIN FED-
ERAL ACQUISITION POSITIONS. 
Section 1413(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2004 (Public Law 108–136; 117 
Stat. 1665) is amended by striking ‘‘September 30, 2007’’ 
and inserting ‘‘September 30, 2012’’. 
SEC. 854. REPEAL OF SUNSET OF ACQUISITION WORK-
FORCE TRAINING FUND. 
Section 37(h)(3) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 433(h)(3)) is amended by 
striking subparagraph (H). 
SEC. 855. FEDERAL ACQUISITION WORKFORCE IMPROVE-
MENTS. 
(a) ASSOCIATE ADMINISTRATOR FOR ACQUISITION 
WORKFORCE PROGRAMS.—The Administrator for Federal 
Procurement Policy shall designate a member of the Sen-
ior Executive Service as the Associate Administrator for 
Acquisition Workforce Programs. The Associate Adminis-
trator for Acquisition Workforce Programs shall be lo-
cated in the Federal Acquisition Institute (or its suc-
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cessor). The Associate Administrator shall be responsible 
for— 
(1) supervising the acquisition workforce train-
ing fund established under section 37(h)(3) of the 
Office of Federal Procurement Policy Act (41 U. S. 
C. 433(h)(3)); 
(2) developing, in coordination with Chief Ac-
quisition Officers and Chief Human Capital Officers, 
a strategic human capital plan for the acquisition 
workforce of the Federal Government; 
(3) reviewing and providing input to individual 
agency acquisition workforce succession plans; 
(4) recommending to the Administrator and 
other senior government officials appropriate pro-
grams, policies, and practices to increase the quan-
tity and quality of the Federal acquisition workforce; 
and 
(5) carrying out such other functions as the Ad-
ministrator may assign. 
(b) ACQUISITION AND CONTRACTING TRAINING PRO-
GRAMS WITHIN EXECUTIVE AGENCIES.— 
(1) REQUIREMENT.—The head of each execu-
tive agency, after consultation with the Associate 
Administrator for Acquisition Workforce Programs, 
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shall establish and operate acquisition and con-
tracting training programs. Such programs shall— 
(A) have curricula covering a broad range 
of acquisition and contracting disciplines cor-
responding to the specific acquisition and con-
tracting needs of the agency involved; 
(B) be developed and applied according to 
rigorous standards; and 
(C) be designed to maximize efficiency, 
through the use of self-paced courses, online 
courses, on-the-job training, and the use of re-
mote instructors, wherever such features can be 
applied without reducing the effectiveness of the 
training or negatively affecting academic stand-
ards. 
(2) CHIEF ACQUISITION OFFICER AUTHORITIES 
AND RESPONSIBILITIES.—Subject to the authority, 
direction, and control of the head of an executive 
agency, the Chief Acquisition Officer for such agen-
cy shall carry out all powers, functions, and duties 
of the head of the agency with respect to implemen-
tation of this subsection. The Chief Acquisition Offi-
cer shall ensure that the policies established by the 
head of the agency in accordance with this sub-
section are implemented throughout the agency. 
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(c) GOVERNMENT-WIDE POLICIES
AND EVALUA-
TION.—The Administrator for Federal Procurement Pol-
icy shall issue policies to promote the development of per-
formance standards for training and uniform implementa-
tion of this section by executive agencies, with due regard 
for differences in program requirements among agencies 
that may be appropriate and warranted in view of the 
agency mission. The Administrator shall evaluate the im-
plementation of the provisions of subsection (b) by execu-
tive agencies. 
(d) ACQUISITION AND CONTRACTING TRAINING RE-
PORTING.—The Administrator for Federal Procurement 
Policy shall ensure that the heads of executive agencies 
collect and maintain standardized information on the ac-
quisition and contracting workforce related to the imple-
mentation of subsection (b). 
(e) ACQUISITION WORKFORCE HUMAN CAPITAL SUC-
CESSION PLAN.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, each Chief Ac-
quisition Officer for an executive agency shall de-
velop, in consultation with the Chief Human Capital 
Officer for the agency and the Associate Adminis-
trator for Acquisition Workforce Programs, a suc-
cession plan consistent with the agency’s strategic 
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human capital plan for the recruitment, develop-
ment, and retention of the agency’s acquisition 
workforce, with a particular focus on warranted con-
tracting officers and program managers of the agen-
cy. 
(2) CONTENT OF PLAN.—The acquisition work-
force succession plan shall address— 
(A) recruitment goals for personnel from 
procurement intern programs; 
(B) the agency’s acquisition workforce 
training needs; 
(C) actions to retain high performing ac-
quisition professionals who possess critical rel-
evant skills; 
(D) recruitment goals for personnel from 
the Federal Career Intern Program; and 
(E) recruitment goals for personnel from 
the Presidential Management Fellows Program. 
(f) TRAINING IN THE ACQUISITION OF ARCHITECT 
AND ENGINEERING SERVICES.—The Administrator for 
Federal Procurement Policy shall ensure that a sufficient 
number of Federal employees are trained in the acquisi-
tion of architect and engineering services. 
(g) UTILIZATION OF RECRUITMENT AND RETENTION 
AUTHORITIES.—The Administrator for Federal Procure-
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645 
house for identifying, assessing, and disseminating knowl-
edge about readily available information technologies (with 
an emphasis on commercial off-the-shelf information tech-
nologies) that could support the warfighting mission of the 
Department of Defense. 
(b) RESPONSIBILITIES.—The clearinghouse estab-
lished pursuant to subsection (a) shall be responsible for 
the following: 
(1) Developing a process to rapidly assess and 
set priorities and needs for significant information 
technology needs of the Department of Defense that 
could be met by commercial technologies, including 
a process for— 
(A) aligning priorities and needs with the 
requirements of the commanders of the combat-
ant command; and 
(B) proposing recommendations to the 
commanders of the combatant command of fea-
sible technical solutions for further evaluation. 
(2) Identifying and assessing emerging commer-
cial technologies (including commercial off-the-shelf 
technologies) that could support the warfighting mis-
sion of the Department of Defense, including the 
priorities and needs identified pursuant to para-
graph (1). 
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SEC. 891. PROCUREMENT GOAL FOR NATIVE HAWAIIAN- 
SERVING INSTITUTIONS AND ALASKA NA-
TIVE-SERVING INSTITUTIONS. 
Section 2323 of title 10, United States Code, is 
amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (C); 
(B) by striking the period at the end of 
subparagraph (D) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(E) Native Hawaiian-serving institutions 
and Alaska Native-serving institutions (as de-
fined in section 317 of the Higher Education 
Act of 1965).’’; 
(2) in subsection (a)(2), by inserting after 
‘‘Hispanic-serving institutions,’’ the following: ‘‘Na-
tive Hawaiian-serving institutions and Alaska Na-
tive-serving institutions,’’; 
(3) in subsection (c)(1), by inserting after ‘‘His-
panic-serving institutions,’’ the following: ‘‘Native 
Hawaiian-serving institutions and Alaska Native- 
serving institutions,’’; and 
(4) in subsection (c)(3), by inserting after ‘‘His-
panic-serving institutions,’’ the following: ‘‘to Native 
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