691 
(g) CONFORMING REPEAL.—Section 911 of the Na-
tional Defense Authorization Act for Fiscal Year 2006 
(Public Law 109–163; 119 Stat. 3405; 10 U.S.C. 2271 
note) is repealed. 
SEC. 912. BIENNIAL REPORT ON MANAGEMENT OF SPACE 
CADRE WITHIN THE DEPARTMENT OF DE-
FENSE. 
(a) IN GENERAL.—Chapter 23 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 490. Space cadre management: biennial report 
‘‘(a) REQUIREMENT.—The Secretary of Defense and 
each Secretary of a military department shall develop 
metrics and use these metrics to identify, track, and man-
age space cadre personnel within the Department of De-
fense to ensure the Department has sufficient numbers of 
personnel with the expertise, training, and experience to 
meet current and future national security space needs. 
‘‘(b) BIENNIAL REPORT REQUIRED.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of the enactment of this section, and 
every even-numbered year thereafter, the Secretary 
of Defense shall submit to the congressional defense 
committees a report on the management of the space 
cadre. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00691
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
692 
‘‘(2) MATTERS
INCLUDED.—The report re-
quired by paragraph (1) shall include— 
‘‘(A) the number of active duty, reserve 
duty, and government civilian space-coded bil-
lets that— 
‘‘(i) are authorized or permitted to be 
maintained for each military department 
and defense agency; 
‘‘(ii) are needed or required for each 
military department and defense agency 
for the year in which the submission of the 
report is required; and 
‘‘(iii) are needed or required for each 
military department and defense agency 
for each of the five years following the date 
of the submission of the report; 
‘‘(B) the actual number of active duty, re-
serve duty, and government civilian personnel 
that are coded or classified as space cadre per-
sonnel within the Department of Defense, in-
cluding the military departments and defense 
agencies; 
‘‘(C) the number of personnel recruited or 
hired as accessions to serve in billets coded or 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00692
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
693 
classified as space cadre personnel for each 
military department and defense agency; 
‘‘(D) the number of personnel serving in 
billets coded or classified as space cadre per-
sonnel that discontinued serving each military 
department and defense agency during the pre-
ceding calendar year; 
‘‘(E) for each of the reporting require-
ments in subparagraphs (A) through (D), fur-
ther classification of the number of personnel 
by— 
‘‘(i) space operators, acquisition per-
sonnel, engineers, scientists, program man-
agers, and other space-related areas identi-
fied by the Department; 
‘‘(ii) expertise or technical specializa-
tion area— 
‘‘(I) such as communications, 
missile warning, spacelift, and any 
other space-related specialties identi-
fied by the Department or classifica-
tions used by the Department; and 
‘‘(II) 
consistent 
with 
section 
1721 of this title for acquisition per-
sonnel; 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00693
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
694 
‘‘(iii) rank for active duty and reserve 
duty personnel and grade for government 
civilian personnel; 
‘‘(iv) qualification, expertise, or pro-
ficiency level consistent with service and 
agency-defined qualification, expertise, or 
proficiency levels; and 
‘‘(v) any other such space-related clas-
sification categories used by the Depart-
ment or military departments; and 
‘‘(F) any other metrics identified by the 
Department to improve the identification, 
tracking, training, and management of space 
cadre personnel. 
‘‘(3) ASSESSMENTS.—The report required by 
paragraph (1) shall also include the Secretary’s as-
sessment of the state of the Department’s space 
cadre, the Secretary’s assessment of the space cad-
res of the military departments, and a description of 
efforts to ensure the Department has a space cadre 
sufficient to meet current and future national secu-
rity space needs.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘490. Space cadre management: biennial report.’’. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00694
Fmt 6652
Sfmt 6211
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
695 
SEC. 913. ADDITIONAL REPORT ON OVERSIGHT OF ACQUI-
SITION FOR DEFENSE SPACE PROGRAMS. 
Section 911(b)(1) of the Bob Stump National De-
fense Authorization Act for Fiscal Year 2003 (Public Law 
107–314; 116 Stat. 2621) is amended by inserting ‘‘, and 
March 15, 2008,’’ after ‘‘March 15, 2003,’’. 
Subtitle C—Chemical 
Demilitarization Program 
SEC. 921. CHEMICAL DEMILITARIZATION CITIZENS ADVI-
SORY COMMISSIONS. 
(a) FUNCTIONS.—Section 172 of the National De-
fense Authorization Act for Fiscal Year 1993 (50 U.S.C. 
1521 note) is amended— 
(1) in each of subsections (b) and (f), by strik-
ing ‘‘Assistant Secretary of the Army (Research, De-
velopment and Acquisition)’’ and inserting ‘‘Assist-
ant Secretary of the Army (Acquisition, Logistics, 
and Technology)’’; and 
(2) in subsection (g), by striking ‘‘Assistant 
Secretary of the Army (Research, Development, and 
Acquisition)’’ and inserting ‘‘Assistant Secretary of 
the Army (Acquisition, Logistics, and Technology)’’. 
(b) TERMINATION.—Such section is further amended 
in subsection (h) by striking ‘‘after the stockpile located 
in that commission’s State has been destroyed’’ and in-
serting ‘‘after the closure activities required pursuant to 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00695
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
696 
regulations promulgated by the Administrator of the Envi-
ronmental Protection Agency pursuant to the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.) have been com-
pleted for the chemical agent destruction facility in the 
commission’s State, or upon the request of the Governor 
of the commission’s State, whichever occurs first’’. 
SEC. 922. SENSE OF CONGRESS ON COMPLETION OF DE-
STRUCTION OF UNITED STATES CHEMICAL 
WEAPONS STOCKPILE. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The Convention on the Prohibition of the 
Development, Production, Stockpiling and Use of 
Chemical Weapons and on Their Destruction, done 
at Paris on January 13, 1993 (commonly referred to 
as the ‘‘Chemical Weapons Convention’’), requires 
that destruction of the entire United States chemical 
weapons stockpile be completed by not later than 
April 29, 2007. 
(2) In 2006, under the terms of the Chemical 
Weapons Convention, the United States requested 
and received a one-time, 5-year extension of its 
chemical weapons destruction deadline to April 29, 
2012. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00696
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
698 
(7) Section 921(b)(3) of the John Warner Na-
tional Defense Authorization Act for Fiscal Year 
2007 (Public Law 109–364; 120 Stat. 2359) con-
tained a sense of Congress urging the Secretary of 
Defense to ensure the elimination of the United 
States chemical weapons stockpile in the shortest 
time possible, consistent with the requirement to 
protect public health, safety, and the environment. 
(8) Section 921(b)(4) of that Act contained a 
sense of Congress urging the Secretary of Defense 
to propose a credible treatment and disposal process 
with the support of affected communities. In this re-
gard, any such process should provide for sufficient 
communication and consultation between representa-
tives of the Department of Defense and representa-
tives of affected States and communities. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the United States is, and must remain, 
committed to making every effort to safely dispose 
of its entire chemical weapons stockpile by April 
2012, the current destruction deadline provided 
under the Chemical Weapons Convention, or as soon 
thereafter as possible, and must carry out all of its 
other obligations under the Convention; and 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00698
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
699 
(2) the Secretary of Defense should make every 
effort to plan for, and to request in the annual 
budget of the President submitted to Congress ade-
quate funding to complete, the elimination of the 
United States chemical weapons stockpile in accord-
ance with United States obligations under the Chem-
ical Weapons Convention and in a manner that will 
protect public health, safety, and the environment, 
as required by law. 
(c) REPORTS REQUIRED.— 
(1) IN GENERAL.—Not later than March 15, 
2008, and every 180 days thereafter until the year 
in which the United States completes the destruction 
of its entire stockpile of chemical weapons under the 
terms of the Chemical Weapons Convention, the Sec-
retary of Defense shall submit to the members and 
committees of Congress referred to in paragraph (3) 
a report on the implementation by the United States 
of its chemical weapons destruction obligations 
under the Chemical Weapons Convention. 
(2) ELEMENTS.—Each report under paragraph 
(1) shall include the following: 
(A) The anticipated schedule at the time of 
such report for the completion of destruction of 
chemical agents, munitions, and materiel at 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00699
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
700 
each chemical weapons demilitarization facility 
in the United States. 
(B) A description of the options and alter-
natives for accelerating the completion of chem-
ical weapons destruction at each such facility, 
particularly in time to meet the destruction 
deadline of April 29, 2012, currently provided 
by the Chemical Weapons Convention, and by 
December 31, 2017. 
(C) A description of the funding required 
to achieve each of the options for destruction 
described under subparagraph (B), and a de-
tailed life-cycle cost estimate for each of the af-
fected facilities included in each such funding 
profile. 
(D) A description of all actions being 
taken by the United States to accelerate the de-
struction of its entire stockpile of chemical 
weapons, agents, and materiel in order to meet 
the current destruction deadline under the 
Chemical Weapons Convention of April 29, 
2012, or as soon thereafter as possible. 
(3) MEMBERS
AND
COMMITTEES
OF
CON-
GRESS.—The members and committees of Congress 
referred to in this paragraph are— 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00700
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
701 
(A) the majority leader of the Senate, the 
minority leader of the Senate, and the Commit-
tees on Armed Services and Appropriations of 
the Senate; and 
(B) the Speaker of the House of Rep-
resentatives, the majority leader of the House 
of Representatives, the minority leader of the 
House of Representatives, and the Committees 
on Armed Services and Appropriations of the 
House of Representatives. 
SEC. 923. REPEAL OF CERTAIN QUALIFICATIONS REQUIRE-
MENT FOR DIRECTOR OF CHEMICAL DEMILI-
TARIZATION MANAGEMENT ORGANIZATION. 
Section 1412(e)(3) of the Department of Defense Au-
thorization Act, 1986 (50 U.S.C. 1521(e)(3)) is amend-
ed— 
(1) in subparagraph (A), by adding ‘‘and’’ at 
the end; 
(2) by striking subparagraph (B); and 
(3) by redesignating subparagraph (C) as sub-
paragraph (B). 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00701
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
702 
SEC. 924. MODIFICATION OF TERMINATION OF ASSISTANCE 
TO STATE AND LOCAL GOVERNMENTS AFTER 
COMPLETION OF THE DESTRUCTION OF THE 
UNITED STATES CHEMICAL WEAPONS STOCK-
PILE. 
Subparagraph (B) of section 1412(c)(5) of the De-
partment of Defense Authorization Act, 1986 (50 U.S.C. 
1521(c)(5)) is amended to read as follows: 
‘‘(B) Assistance may be provided under this para-
graph for capabilities to respond to emergencies involving 
an installation or facility as described in subparagraph (A) 
until the earlier of the following: 
‘‘(i) The date of the completion of all grants 
and cooperative agreements with respect to the in-
stallation or facility for purposes of this paragraph 
between the Federal Emergency Management Agen-
cy and the State and local governments concerned. 
‘‘(ii) The date that is 180 days after the date 
of the completion of the destruction of lethal chem-
ical agents and munitions at the installation or facil-
ity.’’. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00702
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
703 
Subtitle D—Intelligence-Related 
Matters 
SEC. 931. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 
STATES CODE, ARISING FROM ENACTMENT 
OF THE INTELLIGENCE REFORM AND TER-
RORISM PREVENTION ACT OF 2004. 
(a) REFERENCES TO HEAD OF INTELLIGENCE COM-
MUNITY.—Title 10, United States Code, is amended by 
striking ‘‘Director of Central Intelligence’’ each place it 
appears in the following provisions and inserting ‘‘Director 
of National Intelligence’’: 
(1) Section 192(c)(2). 
(2) Section 193(d)(2). 
(3) Section 193(e). 
(4) Section 201(a). 
(5) Section 201(c)(1). 
(6) Section 425(a). 
(7) Section 426(a)(3). 
(8) Section 426(b)(2). 
(9) Section 441(c). 
(10) Section 441(d). 
(11) Section 443(d). 
(12) Section 2273(b)(1). 
(13) Section 2723(a). 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00703
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
705 
dividual to fill the vacancy or recommending to the 
President an individual to be nominated to fill the 
vacancy, the Secretary of Defense shall obtain the 
concurrence of the Director of National Intelligence 
as provided in section 106(b) of the National Secu-
rity Act of 1947 (50 U.S.C. 403–6(b)).’’; and 
(B) in subsection (c)(1), by striking ‘‘Na-
tional Foreign Intelligence Program’’ and in-
serting ‘‘National Intelligence Program’’. 
Subtitle E—Roles and Missions 
Analysis 
SEC. 941. REQUIREMENT FOR QUADRENNIAL ROLES AND 
MISSIONS REVIEW. 
(a) REQUIREMENT FOR REVIEW.— 
(1) IN GENERAL.—Chapter 2 of title 10, United 
States Code, is amended by inserting after section 
118a the following new section: 
‘‘§ 118b. Quadrennial roles and missions review 
‘‘(a) REVIEW REQUIRED.—The Secretary of Defense 
shall every four years conduct a comprehensive assessment 
(to be known as the ‘quadrennial roles and missions re-
view’) of the roles and missions of the armed forces and 
the core competencies and capabilities of the Department 
of Defense to perform and support such roles and mis-
sions. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00705
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
706 
‘‘(b) INDEPENDENT
MILITARY
ASSESSMENT
OF 
ROLES AND MISSIONS.—(1) In each year in which the 
Secretary of Defense is required to conduct a comprehen-
sive assessment pursuant to subsection (a), the Chairman 
of the Joint Chiefs of Staff shall prepare and submit to 
the Secretary the Chairman’s assessment of the roles and 
missions of the armed forces and the assignment of func-
tions to the armed forces, together with any recommenda-
tions for changes in assignment that the Chairman con-
siders necessary to achieve maximum efficiency and effec-
tiveness of the armed forces. 
‘‘(2) The Chairman’s assessment shall be conducted 
so as to— 
‘‘(A) organize the significant missions of the 
armed forces into core mission areas that cover 
broad areas of military activity; 
‘‘(B) ensure that core mission areas are defined 
and functions are assigned so as to avoid unneces-
sary duplication of effort among the armed forces; 
and 
‘‘(C) provide the Chairman’s recommendations 
with regard to issues to be addressed by the Sec-
retary of Defense under subsection (c). 
‘‘(c) IDENTIFICATION OF CORE MISSION AREAS AND 
CORE COMPETENCIES AND CAPABILITIES.—Upon receipt 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00706
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
707 
of the Chairman’s assessment, and after giving appro-
priate consideration to the Chairman’s recommendations, 
the Secretary of Defense shall identify— 
‘‘(1) the core mission areas of the armed forces; 
‘‘(2) the core competencies and capabilities that 
are associated with the performance or support of a 
core mission area identified pursuant to paragraph 
(1); 
‘‘(3) the elements of the Department of Defense 
(including any other office, agency, activity, or com-
mand described in section 111(b) of this title) that 
are responsible for providing the core competencies 
and capabilities required to effectively perform the 
core missions identified pursuant to paragraph (1); 
‘‘(4) any gaps in the ability of the elements (or 
other office, agency activity, or command) of the De-
partment of Defense to provide core competencies 
and capabilities required to effectively perform the 
core missions identified pursuant to paragraph (1); 
‘‘(5) any unnecessary duplication of core com-
petencies and capabilities between defense compo-
nents; and 
‘‘(6) a plan for addressing any gaps or unneces-
sary duplication identified pursuant to paragraph 
(4) or paragraph (5). 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00707
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
708 
‘‘(d) REPORT.—The Secretary shall submit a report 
on the quadrennial roles and missions review to the Com-
mittees on Armed Services of the Senate and the House 
of Representatives. The report shall be submitted in the 
year following the year in which the review is conducted, 
but not later than the date on which the President submits 
the budget for the next fiscal year to Congress under sec-
tion 1105(a) of title 31.’’. 
(b) REPEAL OF SUPERSEDED PROVISION.—Section 
118(e) of title 10, United States Code, is amended— 
(1) by striking paragraph (2); and 
(2) by redesignating paragraph (3) as para-
graph (2). 
(c) TIMING OF QUADRENNIAL ROLES AND MISSIONS 
REVIEW.— 
(1) FIRST REVIEW.—The first quadrennial roles 
and missions review under section 118b of title 10, 
United States Code, as added by subsection (a), 
shall be conducted during 2008. 
(2) SUBSEQUENT
REVIEWS.—Subsequent re-
views shall be conducted every four years, beginning 
in 2011. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00708
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
709 
SEC. 942. JOINT REQUIREMENTS OVERSIGHT COUNCIL AD-
DITIONAL DUTIES RELATING TO CORE MIS-
SION AREAS. 
(a) REVISIONS IN MISSION.—Subsection (b) of sec-
tion 181 of title 10, United States Code, is amended to 
read as follows: 
‘‘(b) MISSION.—In addition to other matters assigned 
to it by the President or Secretary of Defense, the Joint 
Requirements Oversight Council shall— 
‘‘(1) assist the Chairman of the Joint Chiefs of 
Staff— 
‘‘(A) in identifying, assessing, and approv-
ing joint military requirements (including exist-
ing systems and equipment) to meet the na-
tional military strategy; and 
‘‘(B) in identifying the core mission area 
associated with each such requirement; 
‘‘(2) assist the Chairman in establishing and 
assigning priority levels for joint military require-
ments; 
‘‘(3) assist the Chairman in reviewing the esti-
mated level of resources required in the fulfillment 
of each joint military requirement and in ensuring 
that such resource level is consistent with the level 
of priority assigned to such requirement; and 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00709
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
710 
‘‘(4) assist acquisition officials in identifying al-
ternatives to any acquisition program that meet 
joint military requirements for the purposes of sec-
tion 2366a(a)(4), section 2366b(b), and section 
2433(e)(2) of this title.’’. 
(b) ADVISORS.—Section 181 of such title is amend-
ed— 
(1) by redesignating subsection (d) as sub-
section (f); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) ADVISORS.—The Under Secretary of Defense 
for Acquisition, Technology, and Logistics, the Under Sec-
retary of Defense (Comptroller), and the Director of the 
Office of Program Analysis and Evaluation shall serve as 
advisors to the Council on matters within their authority 
and expertise.’’. 
(c) ORGANIZATION.—Section 181 of such title is fur-
ther amended by inserting after subsection (d) (as inserted 
by subsection (b)) the following new subsection (e): 
‘‘(e) ORGANIZATION.—The Joint Requirements Over-
sight Council shall conduct periodic reviews of joint mili-
tary requirements within a core mission area of the De-
partment of Defense. In any such review of a core mission 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00710
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
711 
area, the officer or official assigned to lead the review shall 
have a deputy from a different military department.’’. 
(d) DEFINITIONS.—Section 181 of such title is fur-
ther amended by adding at the end the following new sub-
section: 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘joint military requirement’ 
means a capability necessary to fulfill a gap in a 
core mission area of the Department of Defense. 
‘‘(2) The term ‘core mission area’ means a core 
mission area of the Department of Defense identi-
fied under the most recent quadrennial roles and 
missions review pursuant to section 118b of this 
title.’’. 
(e) CONSULTATION.—Section 2433(e)(2) of such title 
is amended by inserting ‘‘, after consultation with the 
Joint Requirements Oversight Council regarding program 
requirements,’’ after ‘‘Secretary of Defense’’ in the matter 
preceding subparagraph (A). 
(f) DEADLINES.—Effective June 1, 2009, all joint 
military requirements documents of the Joint Require-
ments Oversight Council produced to carry out its mission 
under section 181(b)(1) of title 10, United States Code, 
shall reference the core mission areas organized and de-
fined under section 118b of such title. Not later than Oc-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00711
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
712 
tober 1, 2009, all such documents produced before June 
1, 2009, shall reference such structure. 
SEC. 943. REQUIREMENT FOR CERTIFICATION OF MAJOR 
SYSTEMS PRIOR TO TECHNOLOGY DEVELOP-
MENT. 
(a) REQUIREMENT FOR CERTIFICATION.— 
(1) IN
GENERAL.—Chapter 139 of title 10, 
United States Code, is amended by inserting after 
section 2366a the following new section: 
‘‘§ 2366b. Major defense acquisition programs: certifi-
cation required before Milestone A or 
Key Decision Point A approval 
‘‘(a) CERTIFICATION.—A major defense acquisition 
program may not receive Milestone A approval, or Key 
Decision Point A approval in the case of a space program, 
until the Milestone Decision Authority certifies, after con-
sultation with the Joint Requirements Oversight Council 
on matters related to program requirements and military 
needs— 
‘‘(1) that the system fulfills an approved initial 
capabilities document; 
‘‘(2) that the system is being executed by an 
entity with a relevant core competency as identified 
by the Secretary of Defense under section 118b of 
this title; 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00712
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
713 
‘‘(3) if the system duplicates a capability al-
ready provided by an existing system, the duplica-
tion provided by such system is necessary and ap-
propriate; and 
‘‘(4) that a cost estimate for the system has 
been submitted and that the level of resources re-
quired to develop and procure the system is con-
sistent with the priority level assigned by the Joint 
Requirements Oversight Council. 
‘‘(b) NOTIFICATION.—With respect to a major sys-
tem certified by the Milestone Decision Authority under 
subsection (a), if the projected cost of the system, at any 
time prior to Milestone B approval, exceeds the cost esti-
mate for the system submitted at the time of the certifi-
cation by at least 25 percent, the program manager for 
the system concerned shall notify the Milestone Decision 
Authority. The Milestone Decision Authority, in consulta-
tion with the Joint Requirements Oversight Council on 
matters related to program requirements and military 
needs, shall determine whether the level of resources re-
quired to develop and procure the system remains con-
sistent with the priority level assigned by the Joint Re-
quirements Oversight Council. The Milestone Decision Au-
thority may withdraw the certification concerned or re-
scind Milestone A approval (or Key Decision Point A ap-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00713
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
714 
proval in the case of a space program) if the Milestone 
Decision Authority determines that such action is in the 
interest of national defense. 
‘‘ (c)DEFINITIONS.—In this section: 
‘‘(1) The term ‘major system’ has the meaning 
provided in section 2302(5) of this title. 
‘‘(2) The term ‘initial capabilities document’ 
means any capabilities requirement document ap-
proved by the Joint Requirements Oversight Council 
that establishes the need for a materiel approach to 
resolve a capability gap. 
‘‘(3) The term ‘technology development pro-
gram’ means a coordinated effort to assess tech-
nologies and refine user performance parameters to 
fulfill a capability gap identified in an initial capa-
bilities document. 
‘‘(4) The term ‘entity’ means an entity listed in 
section 125a(a) of this title. 
‘‘(5) The term ‘Milestone B approval’ has the 
meaning provided that term in section 2366(e)(7) of 
this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘2366b. Major defense acquisition programs: certification required before Mile-
stone A or Key Decision Point A approval.’’. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00714
Fmt 6652
Sfmt 6211
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
715 
(b) REVIEW OF DEPARTMENT OF DEFENSE ACQUISI-
TION DIRECTIVES.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall review Department of Defense Directive 5000.1 and 
associated guidance, and the manner in which such direc-
tive and guidance have been implemented, and take appro-
priate steps to ensure that the Department does not com-
mence a technology development program for a major 
weapon system without Milestone A approval (or Key De-
cision Point A approval in the case of a space program). 
(c) EFFECTIVE DATE.—Section 2366b of title 10, 
United States Code, as added by subsection (a), shall 
apply to major systems on and after March 1, 2008. 
SEC. 944. PRESENTATION OF FUTURE-YEARS MISSION 
BUDGET BY CORE MISSION AREA. 
(a) TIME OF SUBMISSION OF FUTURE-YEARS MIS-
SION BUDGET.—The second sentence of section 222(a) of 
title 10, United States Code, is amended to read as fol-
lows: ‘‘That budget shall be submitted for any fiscal year 
with the future-years defense program submitted under 
section 221 of this title.’’. 
(b) ORGANIZATION
OF
FUTURE-YEARS
MISSION 
BUDGET.—The second sentence of section 222(b) of such 
title is amended by striking ‘‘on the basis’’ and all that 
follows through the end of the sentence and inserting the 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00715
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
716 
following: ‘‘on the basis of both major force programs and 
the core mission areas identified under the most recent 
quadrennial roles and missions review pursuant to section 
118b of this title.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to the future-years 
mission budget for fiscal year 2010 and each fiscal year 
thereafter. 
Subtitle F—Other Matters 
SEC. 951. DEPARTMENT OF DEFENSE CONSIDERATION OF 
EFFECT OF CLIMATE CHANGE ON DEPART-
MENT FACILITIES, CAPABILITIES, AND MIS-
SIONS. 
(a) CONSIDERATION
OF
CLIMATE
CHANGE
EF-
FECT.—Section 118 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(g) CONSIDERATION
OF
EFFECT
OF
CLIMATE 
CHANGE
ON DEPARTMENT FACILITIES, CAPABILITIES, 
AND MISSIONS.—(1) The first national security strategy 
and national defense strategy prepared after the date of 
the enactment of the National Defense Authorization Act 
for Fiscal Year 2008 shall include guidance for military 
planners— 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00716
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
717 
‘‘(A) to assess the risks of projected climate 
change to current and future missions of the armed 
forces; 
‘‘(B) to update defense plans based on these as-
sessments, including working with allies and part-
ners to incorporate climate mitigation strategies, ca-
pacity building, and relevant research and develop-
ment; and 
‘‘(C) to develop the capabilities needed to re-
duce future impacts. 
‘‘(2) The first quadrennial defense review prepared 
after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2008 shall also examine 
the capabilities of the armed forces to respond to the con-
sequences of climate change, in particular, preparedness 
for natural disasters from extreme weather events and 
other missions the armed forces may be asked to support 
inside the United States and overseas. 
‘‘(3) For planning purposes to comply with the re-
quirements of this subsection, the Secretary of Defense 
shall use— 
‘‘(A) the mid-range projections of the fourth as-
sessment report of the Intergovernmental Panel on 
Climate Change; 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00717
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
718 
‘‘(B) subsequent mid-range consensus climate 
projections if more recent information is available 
when the next national security strategy, national 
defense strategy, or quadrennial defense review, as 
the case may be, is conducted; and 
‘‘(C) findings of appropriate and available esti-
mations or studies of the anticipated strategic, so-
cial, political, and economic effects of global climate 
change and the implications of such effects on the 
national security of the United States. 
‘‘(4) In this subsection, the term ‘national security 
strategy’ means the annual national security strategy re-
port of the President under section 108 of the National 
Security Act of 1947 (50 U.S.C. 404a).’’. 
(b) IMPLEMENTATION.—The Secretary of Defense 
shall ensure that subsection (g) of section 118 of title 10, 
United States Code, as added by subsection (a), is imple-
mented in a manner that does not have a negative impact 
on the national security of the United States. 
SEC. 952. INTERAGENCY POLICY COORDINATION. 
(a) PLAN REQUIRED.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall develop and submit to Congress a plan to 
improve and reform the Department of Defense’s partici-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00718
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
719 
pation in and contribution to the interagency coordination 
process on national security issues. 
(b) ELEMENTS.—The elements of the plan shall in-
clude the following: 
(1) Assigning either the Under Secretary of De-
fense for Policy or another official to be the lead pol-
icy official for improving and reforming the inter-
agency coordination process on national security 
issues for the Department of Defense, with an expla-
nation of any decision to name an official other than 
the Under Secretary and the relative advantages and 
disadvantages of such decision. 
(2) Giving the official assigned under para-
graph (1) the following responsibilities: 
(A) To be the lead person at the Depart-
ment of Defense for the development of policy 
affecting the national security interagency proc-
ess. 
(B) To serve, or designate a person to 
serve, as the representative of the Department 
of Defense in Federal Government forums es-
tablished to address interagency policy, plan-
ning, or reforms. 
(C) To advocate, on behalf of the Sec-
retary, for greater interagency coordination and 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00719
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
720 
contributions in the execution of the National 
Security Strategy and particularly specific oper-
ational objectives undertaken pursuant to that 
strategy. 
(D) To make recommendations to the Sec-
retary of Defense on changes to existing De-
partment of Defense regulations or laws to im-
prove the interagency process. 
(E) To serve as the coordinator for all 
planning and training assistance that is— 
(i) designed to improve the inter-
agency process or the capabilities of other 
agencies to work with the Department of 
Defense; and 
(ii) provided by the Department of 
Defense at the request of other agencies. 
(F) To serve as the lead official in Depart-
ment of Defense for the development of 
deployable joint interagency task forces. 
(c) FACTORS TO BE CONSIDERED.—In drafting the 
plan, the Secretary of Defense shall also consider the fol-
lowing factors: 
(1) How the official assigned under subsection 
(b)(1) shall provide input to the Secretary of De-
fense on an ongoing basis on how to incorporate the 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00720
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
721 
need to coordinate with other agencies into the es-
tablishment and reform of combatant commands. 
(2) How such official shall develop and make 
recommendations to the Secretary of Defense on a 
regular or an ongoing basis on changes to military 
and civilian personnel to improve interagency coordi-
nation. 
(3) How such official shall work with the com-
batant command that has the mission for joint 
warfighting experimentation and other interested 
agencies to develop exercises to test and validate 
interagency planning and capabilities. 
(4) How such official shall lead, coordinate, or 
participate in after-action reviews of operations, 
tests, and exercises to capture lessons learned re-
garding the functioning of the interagency process 
and how those lessons learned will be disseminated. 
(5) The role of such official in ensuring that fu-
ture defense planning guidance takes into account 
the capabilities and needs of other agencies. 
(d) RECOMMENDATION ON CHANGES IN LAW.—The 
Secretary of Defense may submit with the plan or with 
any future budget submissions recommendations for any 
changes to law that are required to enhance the ability 
of the official assigned under subsection (b)(1) in the De-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00721
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
722 
partment of Defense to coordinate defense interagency ef-
forts or to improve the ability of the Department of De-
fense to work with other agencies. 
(e) ANNUAL REPORT.—If an official is named by the 
Secretary of Defense under subsection (b)(1), the official 
shall annually submit to Congress a report, beginning in 
the fiscal year following the naming of the official, on 
those actions taken by the Department of Defense to en-
hance national security interagency coordination, the 
views of the Department of Defense on efforts and chal-
lenges in improving the ability of agencies to work to-
gether, and suggestions on changes needed to laws or reg-
ulations that would enhance the coordination of efforts of 
agencies. 
(f) DEFINITION.—In this section, the term ‘‘inter-
agency coordination’’, within the context of Department 
of Defense involvement, means the coordination that oc-
curs between elements of the Department of Defense and 
engaged Federal Government agencies for the purpose of 
achieving an objective. 
(g) CONSTRUCTION.—Nothing in this provision shall 
be construed as preventing the Secretary of Defense from 
naming an official with the responsibilities listed in sub-
section (b) before the submission of the report required 
under this section. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00722
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
723 
SEC. 
953. 
EXPANSION 
OF 
EMPLOYMENT 
CREDITABLE 
UNDER SERVICE AGREEMENTS UNDER NA-
TIONAL SECURITY EDUCATION PROGRAM. 
Paragraph (2) of subsection (b) of section 802 of the 
David L. Boren National Security Education Act of 1991 
(50 U.S.C. 1902), as most recently amended by section 
945 of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 
2367), is amended— 
(1) in subparagraph (A)— 
(A) in clause (i) by striking ‘‘or’’ at the 
end; and 
(B) by adding at the end the following: 
‘‘(iii) for not less than one academic 
year in a position in the field of education 
in a discipline related to the study sup-
ported by the program if the recipient 
demonstrates to the Secretary of Defense 
that no position is available in the depart-
ments, agencies, and offices covered by 
clauses (i) and (ii); or’’; and 
(2) in subparagraph (B)— 
(A) in clause (i) by striking ‘‘or’’ at the 
end; 
(B) in clause (ii) by striking ‘‘and’’ at the 
end and inserting ‘‘or’’; and 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00723
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
724 
(C) by adding at the end the following: 
‘‘(iii) for not less than one academic 
year in a position in the field of education 
in a discipline related to the study sup-
ported by the program if the recipient 
demonstrates to the Secretary of Defense 
that no position is available in the depart-
ments, agencies, and offices covered by 
clauses (i) and (ii); and’’. 
SEC. 954. BOARD OF REGENTS FOR THE UNIFORMED SERV-
ICES UNIVERSITY OF THE HEALTH SCIENCES. 
(a) REORGANIZATION AND AMENDMENT OF BOARD 
OF REGENTS PROVISIONS.— 
(1) IN
GENERAL.—Chapter 104 of title 10, 
United States Code, is amended by inserting after 
section 2113 the following new section: 
‘‘§ 2113a. Board of Regents 
‘‘(a) IN GENERAL.—To assist the Secretary of De-
fense in an advisory capacity, there is a Board of Regents 
of the University. 
‘‘(b) MEMBERSHIP.—The Board shall consist of— 
‘‘(1) nine persons outstanding in the fields of 
health and health education who shall be appointed 
from civilian life by the Secretary of Defense; 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00724
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
725 
‘‘(2) the Secretary of Defense, or his designee, 
who shall be an ex officio member; 
‘‘(3) the surgeons general of the uniformed 
services, who shall be ex officio members; and 
‘‘(4) the President of the University, who shall 
be a nonvoting ex officio member. 
‘‘(c) TERM OF OFFICE.—The term of office of each 
member of the Board (other than ex officio members) shall 
be six years except that— 
‘‘(1) any member appointed to fill a vacancy oc-
curring before the expiration of the term for which 
his predecessor was appointed shall be appointed for 
the remainder of such term; and 
‘‘(2) any member whose term of office has ex-
pired shall continue to serve until his successor is 
appointed. 
‘‘(d) CHAIRMAN.—One of the members of the Board 
(other than an ex officio member) shall be designated by 
the Secretary as Chairman. He shall be the presiding offi-
cer of the Board. 
‘‘(e) COMPENSATION.—Members of the Board (other 
than ex officio members) while attending conferences or 
meetings or while otherwise performing their duties as 
members shall be entitled to receive compensation at a 
rate to be fixed by the Secretary and shall also be entitled 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00725
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
726 
to receive an allowance for necessary travel expenses while 
so serving away from their place of residence. 
‘‘(f) MEETINGS.—The Board shall meet at least once 
a quarter.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘2113a. Board of Regents.’’. 
(3) CONFORMING AMENDMENTS.— 
(A) Section 2113 of title 10, United States 
Code, is amended— 
(i) in subsection (a), by striking ‘‘To 
assist’’ and all that follows through the 
end of paragraph (4); 
(ii) by striking subsections (b), (c), 
and (e); 
(iii) by redesignating subsections (d), 
(f), (g), (h), (i), and (j) as subsections (b), 
(c), (d), (e), (f), and (g), respectively; and 
(iv) in subsection (b), as so redesig-
nated, by striking ‘‘who shall also serve as 
a nonvoting ex officio member of the 
Board’’. 
(B) Section 2114(h) of such title is amend-
ed 
by 
striking 
‘‘2113(h)’’ 
and 
inserting 
‘‘2113(e)’’. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00726
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
727 
(b) STATUTORY REDESIGNATION OF DEAN AS PRESI-
DENT.— 
(1) Subsection 2113 of such title is further 
amended by striking ‘‘Dean’’ each place it appears 
in subsections (b) and (c)(1), as redesignated by 
subsection (a)(3), and inserting ‘‘President’’. 
(2) Section 2114(e) of such title is amended by 
striking ‘‘Dean’’ each place it appears in paragraphs 
(3) and (5). 
SEC. 955. ESTABLISHMENT OF DEPARTMENT OF DEFENSE 
SCHOOL OF NURSING. 
(a) ESTABLISHMENT PLAN REQUIRED.—Not later 
than February 1, 2008, the Secretary of Defense shall 
submit to the congressional defense committees a plan to 
establish a School of Nursing within the Uniformed Serv-
ices University of the Health Sciences. The Secretary shall 
develop the plan in consultation with the Board of Regents 
of the Uniformed Services University of the Health 
Sciences and submit the plan to the Board of Regents for 
review and to solicit the Board’s recommendations. 
(b) PROGRAMS OF INSTRUCTION.—In consultation 
with the Secretaries of the military departments, the Sec-
retary of Defense shall include in the plan required by sub-
section (a) programs of instruction for the School of Nurs-
ing that would lead to the award of a bachelor of science 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00727
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
728 
in nursing and such other baccalaureate or graduate de-
grees in nursing as the Secretary considers appropriate. 
The plan shall also address the enrollment as students of 
enlisted members and officers of the Armed Forces and 
civilians for the purpose of commissioning them as mili-
tary nursing officers upon graduation. The graduates of 
such a program of instruction shall be fully eligible to meet 
credentialing and licensing requirements of the military 
departments and at least one State in their program of 
study. 
(c) CONSIDERATION
OF CERTAIN PROGRAMS.—In 
developing the plan under subsection (a), the Secretary 
shall consider the inclusion of the following types of pro-
grams: 
(1) A program to enroll students who already 
possess an associate degree in nursing so that they 
can earn a bachelor of science in nursing. 
(2) A program to enroll students who already 
possess other associate degrees so that they can earn 
a bachelor of science in nursing. 
(3) A program to enroll students who already 
possess an associate degree in nursing so that they 
can earn a master of science in nursing. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00728
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
729 
(4) A program to enroll students who already 
possess a bachelor of science in nursing so that they 
can earn a master of science in nursing. 
(d) OTHER CONSIDERATIONS.—The plan required by 
subsection (a) shall also include the following: 
(1) The results of a study of the nursing short-
age in the Department of Defense and the reasons 
for such shortages. 
(2) Details of the curriculum and degree re-
quirements for each category of students at the 
School of Nursing, if established. 
(3) An analysis of the contributions to overall 
medical readiness that will be made by the School of 
Nursing. 
(4) Proposals for the development of the School 
of Nursing to be phased in over a period of time. 
(5) Faculty requirements based on degree re-
quirements and numbers of projected students, to 
include the source and number of faculty required. 
(6) Projected number of graduates per year for 
each of the first 15 years of operation. 
(7) Predicted accession sources, military career 
paths, and service commitments and retention rates 
of School of Nursing graduates, to include the reten-
tion of enlisted personnel accessed into the school. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00729
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
730 
(8) Administrative and instructional facilities 
required, and the likely initial and final location of 
clinical training institutions. 
(9) Plan for accreditation by a nationally recog-
nized nursing school accrediting body. 
(10) Projected faculty, administration, instruc-
tion, and facilities costs for the School of Nursing 
beginning in fiscal year 2009 and continuing 
through fiscal year 2024, including the cost analysis 
of developing the School of Nursing and the cost of 
additional administrative support for the Uniformed 
Services University of the Health Sciences on ac-
count of the establishment of the school. 
(e) EFFECT
ON CURRENT PROGRAMS.—Notwith-
standing the development of the plan under subsection (a), 
the Secretary shall ensure that graduate degree programs 
in nursing, including advanced practice nursing, continue. 
(f) EFFECT ON OTHER RECRUITMENT EFFORTS.— 
Nothing in this section shall be construed as limiting or 
terminating any current or future program related to the 
recruitment, accession, training, or retention of military 
nurses. 
(g) ESTABLISHMENT AUTHORITY.— 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00730
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
731 
(1) ESTABLISHMENT.—Chapter 104 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2117. School of Nursing 
‘‘(a) ESTABLISHMENT AUTHORIZED.—The Secretary 
of Defense may establish a School of Nursing within the 
University. The School of Nursing may include a program 
that awards a bachelor of science in nursing. 
‘‘(b) PHASED DEVELOPMENT.—The School of Nurs-
ing may be developed in phases as determined appropriate 
by the Secretary.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘2117. School of Nursing.’’. 
SEC. 956. INCLUSION OF COMMANDERS OF WESTERN HEMI-
SPHERE COMBATANT COMMANDS IN BOARD 
OF VISITORS OF WESTERN HEMISPHERE IN-
STITUTE FOR SECURITY COOPERATION. 
Subparagraph (F) of section 2166(e)(1) of title 10, 
United States Code, is amended to read as follows: 
‘‘(F) The commanders of the combatant com-
mands having geographic responsibility for the 
Western Hemisphere, or the designees of those offi-
cers.’’. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00731
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
732 
SEC. 957. COMPTROLLER GENERAL ASSESSMENT OF REOR-
GANIZATION OF THE OFFICE OF THE UNDER 
SECRETARY OF DEFENSE FOR POLICY. 
(a) ASSESSMENT REQUIRED.—Not later than June 
1, 2008, the Comptroller General of the United States 
shall submit to the congressional defense committees a re-
port containing an assessment of the most recent reorga-
nization of the office of the Under Secretary of Defense 
for Policy, including an assessment with respect to the 
matters set forth in subsection (b). 
(b) MATTERS TO BE ASSESSED.—The matters to be 
included in the assessment required by subsection (a) are 
as follows: 
(1) The manner in which the reorganization of 
the office furthers, or will further, its stated pur-
poses in the short-term and long-term, including the 
manner in which the reorganization enhances, or will 
enhance, the ability of the Department of Defense— 
(A) to address current security priorities, 
including on-going military operations in Iraq, 
Afghanistan, and elsewhere; 
(B) to manage geopolitical defense rela-
tionships; and 
(C) to anticipate future strategic shifts in 
those relationships. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00732
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
733 
(2) The manner in which and the extent to 
which the reorganization adheres to generally accept-
ed principles of effective organization, such as estab-
lishing clear goals, identifying clear lines of author-
ity and accountability, and developing an effective 
human capital strategy. 
(3) The extent to which the Department has de-
veloped detailed implementation plans for the reor-
ganization, and the current status of the implemen-
tation of all aspects of the reorganization. 
(4) The extent to which the Department has 
worked to mitigate congressional concerns and ad-
dress other challenges that have arisen since the re-
organization was announced. 
(5) The manner in which the Department plans 
to evaluate progress in achieving the stated goals of 
the reorganization and what measurements, if any, 
the Department has established to assess the results 
of the reorganization. 
(6) The impact of the large increase in respon-
sibilities for the Assistant Secretary of Defense for 
Special Operations and Low Intensity Conflict and 
Interdependent Capabilities under the reorganization 
on the ability of the Assistant Secretary to carry out 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00733
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
734 
the principal duties of the Assistant Secretary under 
law. 
(7) The possible decrease in attention given to 
special operations issues resulting from the increase 
in responsibilities for the Assistant Secretary of De-
fense for Special Operations and Low Intensity Con-
flict and Interdependent Capabilities, including re-
sponsibility under the reorganization for each of the 
following: 
(A) Strategic capabilities. 
(B) Forces transformation. 
(C) Major budget programs. 
(8) The possible diffusion of attention from 
counternarcotics, counterproliferation, and global 
threat issues resulting from the merging of those re-
sponsibilities under a single Deputy Assistant Sec-
retary 
of 
Defense 
for 
Counternarcotics, 
Counterproliferation, and Global Threats. 
(9) The impact of the reorganization on coun-
ternarcotics program execution. 
(10) The unique placement under the reorga-
nization of both functional and regional issue re-
sponsibilities under the Assistant Secretary of De-
fense for Homeland Defense and Americas’ Security 
Affairs. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00734
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
735 
(11) The differentiation between the respon-
sibilities of the Deputy Assistant Secretary of De-
fense for Partnership Strategy and the Deputy As-
sistant Secretary of Defense for Coalition Affairs 
and the relationship between such officials. 
SEC. 958. REPORT ON FOREIGN LANGUAGE PROFICIENCY. 
(a) IN GENERAL.—Not later than 240 days after the 
date of the enactment of this Act, and annually thereafter 
until the date referred to in subsection (d), the Secretary 
of Defense, in conjunction with the Secretary of each mili-
tary department, shall submit to the congressional defense 
committees a report on the foreign language proficiency 
of the personnel of the Department of Defense. 
(b) CONTENTS.—Each report submitted under sub-
section (a) shall include— 
(1) the number of positions, identified by each 
foreign language and dialect, for each military de-
partment and Defense Agency concerned that— 
(A) require proficiency in that foreign lan-
guage or dialect for the year in which the sub-
mission of the report is required; 
(B) are anticipated to require proficiency 
in that foreign language or dialect for each of 
the five years following the date of the submis-
sion of the report; and 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00735
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
736 
(C) are authorized in the future-years de-
fense plan to be maintained for proficiency in a 
foreign language or dialect; 
(2) the number of personnel for each military 
department and Defense Agency, identified by each 
foreign language and dialect, that are serving in a 
position that requires proficiency in the foreign lan-
guage or dialect— 
(A) to perform the primary duty of the po-
sition; and 
(B) that meet the required level of pro-
ficiency of the Interagency Language Round-
table; 
(3) the number of personnel for each military 
department and Defense Agency, identified by each 
foreign language and dialect, that are recruited or 
hired as accessions to serve in a position that re-
quires proficiency in the foreign language or dialect; 
(4) the number of personnel for each military 
department and Defense Agency, identified by each 
foreign language and dialect, that served in a posi-
tion that requires proficiency in the foreign language 
or dialect and discontinued service during the pre-
ceding calendar year; 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00736
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
737 
(5) the number of positions that require pro-
ficiency in a foreign language or dialect that are ful-
filled by contractors; 
(6) the percentage of work requiring linguistic 
skills that is fulfilled by personnel of the intelligence 
community (as defined in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 401a(4))); 
and 
(7) an assessment of the foreign language ca-
pacity and capabilities of each military department 
and Defense Agency and of the Department of De-
fense as a whole. 
(c) NON-MILITARY PERSONNEL.—Except as pro-
vided in paragraphs (6) and (7) of subsection (b), a report 
submitted under subsection (a) shall cover only members 
of the Armed Forces on active duty and reserve duty as-
signed to the military departments concerned or to the De-
partment of Defense. 
(d) TERMINATION OF REQUIREMENT.—The duty to 
submit a report under subsection (a) shall terminate on 
December 31, 2013. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. United States contribution to NATO common-funded budgets in fis-
cal year 2008. 
Sec. 1003. Authorization of additional emergency supplemental appropriations 
for fiscal year 2007. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00737
Fmt 6652
Sfmt 6211
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
738 
Sec. 1004. Modification of fiscal year 2007 general transfer authority. 
Sec. 1005. Financial management transformation initiative for the Defense 
Agencies. 
Sec. 1006. Repeal of requirement for two-year budget cycle for the Department 
of Defense. 
Subtitle B—Policy Relating to Vessels and Shipyards 
Sec. 1011. Limitation on leasing of vessels. 
Sec. 1012. Policy relating to major combatant vessels of the strike forces of the 
United States Navy. 
Subtitle C—Counter-Drug Activities 
Sec. 1021. Extension of authority for joint task forces to provide support to law 
enforcement agencies conducting counter-terrorism activities. 
Sec. 1022. Expansion of authority to provide additional support for counter- 
drug activities in certain foreign countries. 
Sec. 1023. Report on counternarcotics assistance for the Government of Haiti. 
Subtitle D—Miscellaneous Authorities and Limitations 
Sec. 1031. Provision of Air Force support and services to foreign military and 
state aircraft. 
Sec. 1032. Department of Defense participation in Strategic Airlift Capability 
Partnership. 
Sec. 1033. Improved authority to provide rewards for assistance in combating 
terrorism. 
Sec. 1034. Support for non-Federal development and testing of material for 
chemical agent defense. 
Sec. 1035. Prohibition on sale of F–14 fighter aircraft and related parts. 
Subtitle E—Reports 
Sec. 1041. Extension and modification of report relating to hardened and deep-
ly 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 na-
tional training center. 
Sec. 1048. Limited field user evaluations for combat helmet pad suspension 
systems. 
Sec. 1049. Study on national security interagency system. 
Sec. 1050. Report on solid rocket motor industrial base. 
Sec. 1051. Reports on establishment of a memorial for members of the Armed 
Forces who died in the air crash in Bakers Creek, Australia, 
and establishment of other memorials in Arlington National 
Cemetery. 
Subtitle F—Other Matters 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00738
Fmt 6652
Sfmt 6211
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
739 
Sec. 1061. Reimbursement for National Guard support provided to Federal 
agencies. 
Sec. 1062. Congressional Commission on the Strategic Posture of the United 
States. 
Sec. 1063. Technical and clerical amendments. 
Sec. 1064. Repeal of certification requirement. 
Sec. 1065. Maintenance of capability for space-based nuclear detection. 
Sec. 1066. Sense of Congress regarding detainees at Naval Station, Guanta-
namo Bay, Cuba. 
Sec. 1067. A report on transferring individuals detained at Naval Station, 
Guantanamo Bay, Cuba. 
Sec. 1068. Repeal of provisions in section 1076 of Public Law 109–364 relating 
to use of Armed Forces in major public emergencies. 
Sec. 1069. Standards required for entry to military installations in United 
States. 
Sec. 1070. Revised nuclear posture review. 
Sec. 1071. Termination of Commission on the Implementation of the New Stra-
tegic 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 protec-
tion 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. 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this division for fiscal year 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00739
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
740 
2008 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of au-
thorizations so transferred shall be merged with and 
be available for the same purposes as the authoriza-
tion to which transferred. 
(2) LIMITATION.—Except as provided in para-
graph (3), the total amount of authorizations that 
the Secretary may transfer under the authority of 
this section may not exceed $5,000,000,000. 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN 
MILITARY PERSONNEL AUTHORIZATIONS.—A trans-
fer of funds between military personnel authoriza-
tions under title IV shall not be counted toward the 
dollar limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by this 
section to transfer authorizations— 
(1) may only be used to provide authority for 
items that have a higher priority than the items 
from which authority is transferred; and 
(2) may not be used to provide authority for an 
item that has been denied authorization by Con-
gress. 
(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A 
transfer made from one account to another under the au-
thority of this section shall be deemed to increase the 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00740
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
741 
amount authorized for the account to which the amount 
is transferred by an amount equal to the amount trans-
ferred. 
(d) NOTICE
TO CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under 
subsection (a). 
SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COM-
MON-FUNDED BUDGETS IN FISCAL YEAR 2008. 
(a) FISCAL YEAR 2008 LIMITATION.—The total 
amount contributed by the Secretary of Defense in fiscal 
year 2008 for the common-funded budgets of NATO may 
be any amount up to, but not in excess of, the amount 
specified in subsection (b) (rather than the maximum 
amount that would otherwise be applicable to those con-
tributions under the fiscal year 1998 baseline limitation). 
(b) TOTAL AMOUNT.—The amount of the limitation 
applicable under subsection (a) is the sum of the following: 
(1) The amounts of unexpended balances, as of 
the end of fiscal year 2007, of funds appropriated 
for fiscal years before fiscal year 2008 for payments 
for those budgets. 
(2) The amount specified in subsection (c)(1). 
(3) The amount specified in subsection (c)(2). 
(4) The total amount of the contributions au-
thorized to be made under section 2501. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00741
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
742 
(c) AUTHORIZED AMOUNTS.—Amounts authorized to 
be appropriated by titles II and III of this Act are avail-
able for contributions for the common-funded budgets of 
NATO as follows: 
(1) Of the amount provided in section 201(1), 
$1,031,000 for the Civil Budget. 
(2) Of the amount provided in section 301(1), 
$362,159,000 for the Military Budget. 
(d) DEFINITIONS.—For purposes of this section: 
(1) COMMON-FUNDED
BUDGETS
OF
NATO.— 
The term ‘‘common-funded budgets of NATO’’ 
means the Military Budget, the Security Investment 
Program, and the Civil Budget of the North Atlantic 
Treaty Organization (and any successor or addi-
tional account or program of NATO). 
(2) FISCAL YEAR 1998 BASELINE LIMITATION.— 
The term ‘‘fiscal year 1998 baseline limitation’’ 
means the maximum annual amount of Department 
of Defense contributions for common-funded budgets 
of NATO that is set forth as the annual limitation 
in section 3(2)(C)(ii) of the resolution of the Senate 
giving the advice and consent of the Senate to the 
ratification of the Protocols to the North Atlantic 
Treaty of 1949 on the Accession of Poland, Hun-
gary, and the Czech Republic (as defined in section 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00742
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
743 
4(7) of that resolution), approved by the Senate on 
April 30, 1998. 
SEC. 1003. AUTHORIZATION OF ADDITIONAL EMERGENCY 
SUPPLEMENTAL APPROPRIATIONS FOR FIS-
CAL YEAR 2007. 
Amounts authorized to be appropriated to the De-
partment of Defense for fiscal year 2007 in the John War-
ner National Defense Authorization Act for Fiscal Year 
2007 (Public Law 109–364) are hereby adjusted, with re-
spect to any such authorized amount, by the amount by 
which appropriations pursuant to such authorization are 
increased by a supplemental appropriation or by a transfer 
of funds, or decreased by a rescission, or any thereof, pur-
suant to the U.S. Troop Readiness, Veterans’ Care, 
Katrina Recovery, and Iraq Accountability Appropriations 
Act, 2007 (Public Law 110–28). 
SEC. 1004. MODIFICATION OF FISCAL YEAR 2007 GENERAL 
TRANSFER AUTHORITY. 
Section 1001(a) of the John Warner National De-
fense Authorization Act for Fiscal Year 2007 (Public Law 
109–364; 120 Stat. 2371) is amended by adding at the 
end the following new paragraph: 
‘‘(3) EXCEPTION FOR CERTAIN TRANSFERS.— 
The following transfers of funds shall be not be 
counted toward the limitation in paragraph (2) on 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00743
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
744 
the amount that may be transferred under this sec-
tion: 
‘‘(A) The transfer of funds to the Iraq Se-
curity Forces Fund under reprogramming 
FY07–07–R PA. 
‘‘(B) The transfer of funds to the Joint 
Improvised Explosive Device Defeat Fund 
under reprogramming FY07–11 PA. 
‘‘(C) The transfer of funds back from the 
accounts referred to in subparagraphs (A) and 
(B) to restore the sources used in the 
reprogrammings referred to in such subpara-
graphs.’’. 
SEC. 1005. FINANCIAL MANAGEMENT TRANSFORMATION 
INITIATIVE FOR THE DEFENSE AGENCIES. 
(a) FINANCIAL
MANAGEMENT
TRANSFORMATION 
INITIATIVE.— 
(1) IN GENERAL.—The Director of the Busi-
ness Transformation Agency of the Department of 
Defense shall carry out an initiative for financial 
management transformation in the Defense Agen-
cies. The initiative shall be known as the ‘‘Defense 
Agencies Initiative’’ (in this section referred to as 
the ‘‘Initiative’’). 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00744
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
745 
(2) SCOPE OF AUTHORITY.—In carrying out the 
Initiative, the Director of the Business Trans-
formation Agency may require the heads of the De-
fense Agencies to carry out actions that are within 
the purpose and scope of the Initiative. 
(b) PURPOSES.—The purposes of Initiative shall be 
as follows: 
(1) To eliminate or replace financial manage-
ment systems of the Defense Agencies that are du-
plicative, redundant, or fail to comply with the 
standards set forth in subsection (d). 
(2) To transform the budget, finance, and ac-
counting operations of the Defense Agencies to en-
able the Defense Agencies to achieve accurate and 
reliable financial information needed to support fi-
nancial accountability and effective and efficient 
management decisions. 
(c) REQUIRED ELEMENTS.—The Initiative shall in-
clude, to the maximum extent practicable— 
(1) the utilization of commercial, off-the-shelf 
technologies and web-based solutions; 
(2) a standardized technical environment and 
an open and accessible architecture; and 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00745
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
746 
(3) the implementation of common business 
processes, shared services, and common data struc-
tures. 
(d) STANDARDS.—In carrying out the Initiative, the 
Director of the Business Transformation Agency shall en-
sure that the Initiative is consistent with— 
(1) the requirements of the Business Enterprise 
Architecture and Transition Plan developed pursu-
ant to section 2222 of title 10, United States Code; 
(2) the Standard Financial Information Struc-
ture of the Department of Defense; 
(3) the Federal Financial Management Im-
provement Act of 1996 (and the amendments made 
by that Act); and 
(4) other applicable requirements of law and 
regulation. 
(e) SCOPE.—The Initiative shall be designed to pro-
vide, at a minimum, capabilities in the major process areas 
for both general fund and working capital fund operations 
of the Defense Agencies as follows: 
(1) Budget formulation. 
(2) Budget to report, including general ledger 
and trial balance. 
(3) Procure to pay, including commitments, ob-
ligations, and accounts payable. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00746
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
747 
(4) Order to fulfill, including billing and ac-
counts receivable. 
(5) Cost accounting. 
(6) Acquire to retire (account management). 
(7) Time and attendance and employee entitle-
ment. 
(8) Grants financial management. 
(f) CONSULTATION.—In carrying out subsections (d) 
and (e), the Director of the Business Transformation 
Agency shall consult with the Comptroller of the Depart-
ment of Defense to ensure that any financial management 
systems developed for the Defense Agencies, and any 
changes to the budget, finance, and accounting operations 
of the Defense Agencies, are consistent with the financial 
standards and requirements of the Department of De-
fense. 
(g) PROGRAM CONTROL.—In carrying out the Initia-
tive, the Director of the Business Transformation Agency 
shall establish— 
(1) a board (to be known as the ‘‘Configuration 
Control Board’’) to manage scope and cost changes 
to the Initiative; and 
(2) a program management office (to be known 
as the ‘‘Program Management Office’’) to control 
and enforce assumptions made in the acquisition 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00747
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
748 
plan, the cost estimate, and the system integration 
contract for the Initiative, as directed by the Con-
figuration Control Board. 
(h) PLAN ON DEVELOPMENT AND IMPLEMENTATION 
OF INITIATIVE.—Not later than six months after the date 
of the enactment of this Act, the Director of the Business 
Transformation Agency shall submit to the congressional 
defense committees a plan for the development and imple-
mentation of the Initiative. The plan shall provide for the 
implementation of an initial capability under the Initiative 
as follows: 
(1) In at least one Defense Agency by not later 
than eight months after the date of the enactment 
of this Act. 
(2) In not less than five Defense Agencies by 
not later than 18 months after the date of the enact-
ment of this Act. 
SEC. 1006. REPEAL OF REQUIREMENT FOR TWO-YEAR 
BUDGET CYCLE FOR THE DEPARTMENT OF 
DEFENSE. 
Section 1405 of the Department of Defense Author-
ization Act, 1986 (Public Law 99–145; 99 Stat. 744; 31 
U.S.C. 1105 note) is repealed. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00748
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
749 
Subtitle B—Policy Relating to 
Vessels and Shipyards 
SEC. 1011. LIMITATION ON LEASING OF VESSELS. 
Section 2401 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(h) The Secretary of a military department may 
make a contract for the lease of a vessel or for the provi-
sion of a service through use by a contractor of a vessel, 
the term of which is for a period of greater than two years, 
but less than five years, only if— 
‘‘(1) the Secretary has notified the Committee 
on Armed Services and the Committee on Appro-
priations of the Senate and the Committee on 
Armed Services and the Committee on Appropria-
tions of the House of Representatives of the pro-
posed contract and included in such notification— 
‘‘(A) a detailed description of the terms of 
the proposed contract and a justification for en-
tering into the proposed contract rather than 
obtaining the capability provided for by the 
lease, charter, or services involved through pur-
chase of the vessel; 
‘‘(B) a determination that entering into 
the proposed contract as a means of obtaining 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00749
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
750 
the vessel is the most cost-effective means of 
obtaining such vessel; and 
‘‘(C) a plan for meeting the requirement 
provided by the proposed contract upon comple-
tion of the term of the lease contract; and 
‘‘(2) a period of 30 days of continuous session 
of Congress has expired following the date on which 
notice was received by such committees.’’. 
SEC. 1012. POLICY RELATING TO MAJOR COMBATANT VES-
SELS 
OF 
THE 
STRIKE 
FORCES 
OF 
THE 
UNITED STATES NAVY. 
(a) INTEGRATED NUCLEAR POWER SYSTEMS.—It is 
the policy of the United States to construct the major 
combatant vessels of the strike forces of the United States 
Navy, including all new classes of such vessels, with inte-
grated nuclear power systems. 
(b) REQUIREMENT TO REQUEST NUCLEAR VES-
SELS.—If a request is submitted to Congress in the budget 
for a fiscal year for construction of a new class of major 
combatant vessel for the strike forces of the United States, 
the request shall be for such a vessel with an integrated 
nuclear power system, unless the Secretary of Defense 
submits with the request a notification to Congress that 
the inclusion of an integrated nuclear power system in 
such vessel is not in the national interest. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00750
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
751 
(c) DEFINITIONS.—In this section: 
(1) MAJOR
COMBATANT
VESSELS
OF
THE 
STRIKE FORCES OF THE UNITED STATES NAVY.— 
The term ‘‘major combatant vessels of the strike 
forces of the United States Navy’’ means the fol-
lowing: 
(A) Submarines. 
(B) Aircraft carriers. 
(C) Cruisers, battleships, or other large 
surface combatants whose primary mission in-
cludes protection of carrier strike groups, expe-
ditionary strike groups, and vessels comprising 
a sea base. 
(2) INTEGRATED NUCLEAR POWER SYSTEM.— 
The term ‘‘integrated nuclear power system’’ means 
a ship engineering system that uses a naval nuclear 
reactor as its energy source and generates sufficient 
electric energy to provide power to the ship’s elec-
trical loads, including its combat systems and pro-
pulsion motors. 
(3) BUDGET.—The term ‘‘budget’’ means the 
budget that is submitted to Congress by the Presi-
dent under section 1105(a) of title 31, United States 
Code. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00751
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
752 
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. 
Section 1022(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2004 (Public Law 108–136; 10 
U.S.C. 371 note) is amended by striking ‘‘and 2007’’ and 
inserting ‘‘through 2008’’. 
SEC. 1022. EXPANSION OF AUTHORITY TO PROVIDE ADDI-
TIONAL SUPPORT FOR COUNTER-DRUG AC-
TIVITIES IN CERTAIN FOREIGN COUNTRIES. 
Subsection (b) of section 1033 of the National De-
fense Authorization Act for Fiscal Year 1998 (Public Law 
105–85; 111 Stat. 1881), as amended by section 1021(b) 
of the National Defense Authorization Act for Fiscal Year 
2004 (Public Law 108–136, 117 Stat. 1593) and section 
1022(b) of the John Warner National Defense Authoriza-
tion Act for Fiscal Year 2007 (Public Law 109–364; 120 
Stat. 2382), is further amended by adding at the end the 
following new paragraphs: 
‘‘(17) The Government of Mexico. 
‘‘(18) The Government of the Dominican Re-
public.’’. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00752
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
753 
SEC. 1023. REPORT ON COUNTERNARCOTICS ASSISTANCE 
FOR THE GOVERNMENT OF HAITI. 
(a) REPORT REQUIRED.—Not later than 120 days 
after the date of the enactment of this Act, the President 
shall submit to Congress a report on counternarcotics as-
sistance for the Government of Haiti. 
(b) MATTERS TO BE INCLUDED.—The report re-
quired by subsection (a) shall include the following: 
(1) A description and assessment of the coun-
ternarcotics assistance provided to the Government 
of Haiti by the Department of Defense, the Depart-
ment of State, the Department of Homeland Secu-
rity, and the Department of Justice. 
(2) A description and assessment of any im-
pediments to increasing counternarcotics assistance 
to the Government of Haiti. 
(3) An assessment of the potential for the pro-
vision of counternarcotics assistance for the Govern-
ment of Haiti through the United Nations Stabiliza-
tion Mission in Haiti. 
(c) FORM.—The report required by subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00753
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
754 
Subtitle D—Miscellaneous 
Authorities and Limitations 
SEC. 1031. PROVISION OF AIR FORCE SUPPORT AND SERV-
ICES TO FOREIGN MILITARY AND STATE AIR-
CRAFT. 
(a) PROVISION OF SUPPORT AND SERVICES.— 
(1) IN
GENERAL.—Section 9626 of title 10, 
United States Code, is amended to read as follows: 
‘‘§ 9626. Aircraft supplies and services: foreign mili-
tary or other state aircraft 
‘‘(a) PROVISION OF SUPPLIES AND SERVICES ON RE-
IMBURSABLE BASIS.—(1) The Secretary of the Air Force 
may, under such regulations as the Secretary may pre-
scribe and when in the best interests of the United States, 
provide any of the supplies or services described in para-
graph (2) to military and other state aircraft of a foreign 
country, on a reimbursable basis without an advance of 
funds, if similar supplies and services are furnished on a 
like basis to military aircraft and other state aircraft of 
the United States by the foreign country concerned. 
‘‘(2) The supplies and services described in this para-
graph are supplies and services as follows: 
‘‘(A) Routine airport services, including landing 
and takeoff assistance, servicing aircraft with fuel, 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00754
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
755 
use of runways, parking and servicing, and loading 
and unloading of baggage and cargo. 
‘‘(B) Miscellaneous supplies, including Air 
Force-owned fuel, provisions, spare parts, and gen-
eral stores, but not including ammunition. 
‘‘(b) PROVISION OF ROUTINE AIRPORT SERVICES ON 
NON-REIMBURSABLE BASIS.—(1) Routine airport serv-
ices may be provided under this section at no cost to a 
foreign country— 
‘‘(A) if such services are provided by Air Force 
personnel and equipment without direct cost to the 
Air Force; or 
‘‘(B) if such services are provided under an 
agreement with the foreign country that provides for 
the reciprocal furnishing by the foreign country of 
routine airport services, as defined in that agree-
ment, to military and other state aircraft of the 
United States without reimbursement. 
‘‘(2) If routine airport services are provided under 
this section by a working-capital fund activity of the Air 
Force under section 2208 of this title and such activity 
is not reimbursed directly for the costs incurred by the 
activity in providing such services by reason of paragraph 
(1)(B), the working-capital fund activity shall be reim-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00755
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
756 
bursed for such costs out of funds currently available to 
the Air Force for operation and maintenance.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 939 of such title 
is amended by striking the item relating to section 
9626 and inserting the following new item: 
‘‘9626. Aircraft supplies and services: foreign military or other state aircraft.’’. 
(b) CONFORMING AMENDMENT.—Section 9629(3) of 
such title is amended by striking ‘‘for aircraft of a foreign 
military or air attache´’’. 
SEC. 1032. DEPARTMENT OF DEFENSE PARTICIPATION IN 
STRATEGIC AIRLIFT CAPABILITY PARTNER-
SHIP. 
(a) AUTHORITY
TO
PARTICIPATE
IN
PARTNER-
SHIP.— 
(1) MEMORANDUM OF UNDERSTANDING.—The 
Secretary of Defense may enter into a multilateral 
memorandum of understanding authorizing the Stra-
tegic Airlift Capability Partnership to conduct activi-
ties necessary to accomplish its purpose, including— 
(A) the acquisition, equipping, ownership, 
and operation of strategic airlift aircraft; and 
(B) the acquisition or transfer of airlift 
and airlift-related services and supplies among 
members of the Strategic Airlift Capability 
Partnership, or between the Partnership and 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00756
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
757 
non-member countries or international organi-
zations, on a reimbursable basis or by replace-
ment-in-kind or exchange of airlift or airlift-re-
lated services of an equal value. 
(2) PAYMENTS.—From funds available to the 
Department of Defense for such purpose, the Sec-
retary of Defense may pay the United States equi-
table share of the recurring and non-recurring costs 
of the activities and operations of the Strategic Air-
lift Capability Partnership, including costs associ-
ated with procurement of aircraft components and 
spare parts, maintenance, facilities, and training, 
and the costs of claims. 
(b) AUTHORITIES UNDER PARTNERSHIP.—In car-
rying out the memorandum of understanding entered into 
under subsection (a), the Secretary of Defense may do the 
following: 
(1) Waive reimbursement of the United States 
for the cost of the following functions performed by 
Department of Defense personnel with respect to the 
Strategic Airlift Capability Partnership: 
(A) Auditing. 
(B) Quality assurance. 
(C) Inspection. 
(D) Contract administration. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00757
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
758 
(E) Acceptance testing. 
(F) Certification services. 
(G) Planning, programming, and manage-
ment services. 
(2) Waive the imposition of any surcharge for 
administrative services provided by the United 
States that would otherwise be chargeable against 
the Strategic Airlift Capability Partnership. 
(3) Pay the salaries, travel, lodging, and sub-
sistence expenses of Department of Defense per-
sonnel assigned for duty to the Strategic Airlift Ca-
pability Partnership without seeking reimbursement 
or cost-sharing for such expenses. 
(c) CREDITING OF RECEIPTS.—Any amount received 
by the United States in carrying out the memorandum of 
understanding entered into under subsection (a) shall be 
credited, as elected by the Secretary of Defense, to the 
following: 
(1) The appropriation, fund, or account used in 
incurring the obligation for which such amount is re-
ceived. 
(2) An appropriation, fund, or account cur-
rently providing funds for the purposes for which 
such obligation was made. 
(d) AUTHORITY TO TRANSFER AIRCRAFT.— 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00758
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
759 
(1) TRANSFER AUTHORITY.—The Secretary of 
Defense may transfer one strategic airlift aircraft to 
the Strategic Airlift Capability Partnership in ac-
cordance with the terms and conditions of the 
memorandum of understanding entered into under 
subsection (a). 
(2) REPORT.—Not later than 30 days before 
the date on which the Secretary transfers a strategic 
airlift aircraft under paragraph (1), the Secretary 
shall submit to the congressional defense committees 
a report on the strategic airlift aircraft to be trans-
ferred, including the type of strategic airlift aircraft 
to be transferred and the tail registration or serial 
number of such aircraft. 
(e) STRATEGIC AIRLIFT CAPABILITY PARTNERSHIP 
DEFINED.—In this section the term ‘‘Strategic Airlift Ca-
pability Partnership’’ means the strategic airlift capability 
consortium established by the United States and other 
participating countries. 
SEC. 1033. IMPROVED AUTHORITY TO PROVIDE REWARDS 
FOR 
ASSISTANCE 
IN 
COMBATING 
TER-
RORISM. 
(a) INCREASED AMOUNTS.—Section 127b of title 10, 
United States Code, is amended— 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00759
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
760 
(1) in subsection (b), by striking ‘‘$200,000’’ 
and inserting ‘‘$5,000,000’’; 
(2) 
in 
subsection 
(c)(1)(B), 
by 
striking 
‘‘$50,000’’ and inserting ‘‘$1,000,000’’; and 
(3) 
in 
subsection 
(d)(2), 
by 
striking 
‘‘$100,000’’ and inserting ‘‘$2,000,000’’. 
(b) INVOLVEMENT OF ALLIED FORCES.—Such sec-
tion is further amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by inserting after ‘‘United States Government 
personnel’’ the following: ‘‘, or government per-
sonnel of allied forces participating in a com-
bined operation with the armed forces,’’; 
(B) in paragraph (1), by inserting after 
‘‘armed forces’’ the following: ‘‘, or of allied 
forces participating in a combined operation 
with the armed forces,’’; and 
(C) in paragraph (2), by inserting after 
‘‘armed forces’’ the following: ‘‘, or of allied 
forces participating in a combined operation 
with the armed forces’’; and 
(2) in subsection (c), by adding at the end the 
following: 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00760
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
761 
‘‘(3)(A) Subject to subparagraphs (B) and (C), an 
official who has authority delegated under paragraph (1) 
or (2) may use that authority, acting through government 
personnel of allied forces, to offer and make rewards. 
‘‘(B) The Secretary of Defense shall prescribe policies 
and procedures for making rewards in the manner de-
scribed in subparagraph (A), which shall include guidance 
for the accountability of funds used for making rewards 
in that manner. The policies and procedures shall not take 
effect until 30 days after the date on which the Secretary 
submits the policies and procedures to the congressional 
defense committees. Rewards may not be made in the 
manner described in subparagraph (A) except under poli-
cies and procedures that have taken effect. 
‘‘(C) Rewards may not be made in the manner de-
scribed in subparagraph (A) after September 30, 2009. 
‘‘(D) Not later than April 1, 2008, the Secretary of 
Defense shall submit to the congressional defense commit-
tees a report on the implementation of this paragraph. 
The report shall identify each reward made in the manner 
described in subparagraph (A) and, for each such re-
ward— 
‘‘(i) identify the type, amount, and recipient of 
the reward; 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00761
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
762 
‘‘(ii) explain the reason for making the reward; 
and 
‘‘(iii) assess the success of the reward in ad-
vancing the effort to combat terrorism.’’. 
(c) ANNUAL REPORT TO INCLUDE SPECIFIC INFOR-
MATION ON ADDITIONAL AUTHORITY.—Section 127b of 
title 10, United States Code, is further amended in sub-
section (f)(2) by adding at the end the following new sub-
paragraph: 
‘‘(D) Information on the implementation of 
paragraph (3) of subsection (c).’’. 
SEC. 1034. SUPPORT FOR NON-FEDERAL DEVELOPMENT 
AND TESTING OF MATERIAL FOR CHEMICAL 
AGENT DEFENSE. 
(a) AUTHORITY TO PROVIDE TOXIC CHEMICALS OR 
PRECURSORS.— 
(1) IN GENERAL.—The Secretary of Defense, in 
coordination with the heads of other elements of the 
Federal Government, may make available, to a 
State, a unit of local government, or a private entity 
incorporated in the United States, small quantities 
of a toxic chemical or precursor for the development 
or testing, in the United States, of material that is 
designed to be used for protective purposes. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00762
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
763 
(2) TERMS AND CONDITIONS.—Any use of the 
authority under paragraph (1) shall be subject to 
such terms and conditions as the Secretary considers 
appropriate. 
(b) PAYMENT
OF
COSTS
AND
DISPOSITION
OF 
FUNDS.— 
(1) IN GENERAL.—The Secretary shall ensure, 
through the advance payment required by paragraph 
(2) and through any other payments that may be re-
quired, that a recipient of toxic chemicals or precur-
sors under subsection (a) pays for all actual costs, 
including direct and indirect costs, associated with 
providing the toxic chemicals or precursors. 
(2) ADVANCE PAYMENT.—In carrying out para-
graph (1), the Secretary shall require each recipient 
to make an advance payment in an amount that the 
Secretary determines will equal all such actual costs. 
(3) CREDITS.—A payment received under this 
subsection shall be credited to the account that was 
used to cover the costs for which the payment was 
provided. Amounts so credited shall be merged with 
amounts in that account, and shall be available for 
the same purposes, and subject to the same condi-
tions and limitations, as other amounts in that ac-
count. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00763
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
764 
(c) CHEMICAL WEAPONS CONVENTION.—The Sec-
retary shall ensure that toxic chemicals and precursors are 
made available under this section for uses and in quan-
tities that comply with the Convention on the Prohibition 
of the Development, Production, Stockpiling and Use of 
Chemical Weapons and on Their Destruction, signed at 
Paris on January 13, 1993, and entered into force with 
respect to the United States on April 29, 1997. 
(d) REPORT.— 
(1) Not later than March 15, 2008, and each 
year thereafter, the Secretary shall submit to Con-
gress a report on the use of the authority under sub-
section (a) during the previous calendar year. The 
report shall include a description of each use of the 
authority and specify what material was made avail-
able and to whom it was made available. 
(2) Each report under paragraph (1) shall be 
submitted in unclassified form, but may include a 
classified annex. 
(e) DEFINITIONS.—In this section, the terms ‘‘pre-
cursor’’, ‘‘protective purposes’’, and ‘‘toxic chemical’’ have 
the meanings given those terms in the convention referred 
to in subsection (c), in paragraph 2, paragraph 9(b), and 
paragraph 1, respectively, of article II of that convention. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00764
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
765 
SEC. 1035. PROHIBITION ON SALE OF F–14 FIGHTER AIR-
CRAFT AND RELATED PARTS. 
(a) PROHIBITION ON SALE BY DEPARTMENT OF DE-
FENSE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Department of Defense may not sell 
(whether directly or indirectly) any F–14 fighter air-
craft, any parts unique to the F–14 fighter aircraft, 
or any tooling or dies used in the manufacture of 
such aircraft or parts, whether such sales occur 
through the Defense Reutilization and Marketing 
Service or through another agency or element of the 
Department. 
(2) EXCEPTION.—Paragraph (1) shall not 
apply with respect to the sale of F–14 fighter air-
craft or parts for F–14 fighter aircraft to a museum 
or similar organization located in the United States 
that is involved in the preservation of F–14 fighter 
aircraft for historical purposes. 
(b) PROHIBITION ON EXPORT LICENSE.—No license 
for the export of any F-14 fighter aircraft, any parts 
unique to the F–14 fighter aircraft, or any tooling or dies 
used in the manufacture of such aircraft or parts may be 
issued by the United States Government to a non-United 
States person or entity. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00765
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
766 
Subtitle E—Reports 
SEC. 1041. EXTENSION AND MODIFICATION OF REPORT RE-
LATING TO HARDENED AND DEEPLY BURIED 
TARGETS. 
Section 1032 of the Bob Stump National Defense 
Authorization Act for Fiscal Year 2003 (Public Law 107– 
314; 116 Stat. 2643; 10 U.S.C. 2358 note) is amended— 
(1) in the heading, by striking ‘‘ANNUAL RE-
PORT ON WEAPONS’’ and inserting ‘‘REPORT ON 
WEAPONS AND CAPABILITIES’’; 
(2) in subsection (a)— 
(A) in the heading, by striking ‘‘ANNUAL’’; 
(B) by striking ‘‘April 1 of each year’’ and 
inserting ‘‘March 1, 2009, and every two years 
thereafter,’’; 
(C) by striking ‘‘Director of Central Intel-
ligence’’ and inserting ‘‘Director of National In-
telligence’’; 
(D) by striking ‘‘the preceding fiscal year’’ 
and inserting ‘‘the preceding two fiscal years 
and planned for the current fiscal year and the 
next fiscal year’’; and 
(E) by striking ‘‘to develop weapons’’ and 
inserting ‘‘to develop weapons and capabilities’’; 
(3) in subsection (b)— 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00766
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
767 
(A) in the matter preceding paragraph (1), 
by striking ‘‘The report for a fiscal year’’ and 
inserting ‘‘A report submitted’’; 
(B) in paragraph (1), by striking ‘‘were 
undertaken during that fiscal year’’ and insert-
ing ‘‘were or will be undertaken during the 
four-fiscal-year period covered by the report’’; 
and 
(C) in paragraph (2) in the matter pre-
ceding subparagraph (A), by striking ‘‘were un-
dertaken during such fiscal year’’ and inserting 
‘‘were or will be undertaken during the four-fis-
cal-year period covered by the report’’; and 
(4) in subsection (d), by striking ‘‘April 1, 
2007’’ and inserting ‘‘March 1, 2013’’. 
SEC. 1042. REPORT ON JOINT MODELING AND SIMULATION 
ACTIVITIES. 
(a) REPORT REQUIRED.—Not later than December 
31, 2008, the Secretary of Defense shall submit to the 
congressional defense committees a report that describes 
current and planned joint modeling and simulation activi-
ties within the Department of Defense. 
(b) MATTERS TO BE INCLUDED.—The report under 
subsection (a) shall include the following: 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00767
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
768 
(1) An identification and description of how 
joint modeling and simulation activities support the 
development of capabilities to meet joint and service- 
unique military requirements and needs, in areas in-
cluding but not limited to joint training, experimen-
tation, systems acquisition, test and evaluation, as-
sessment, and planning. 
(2) A description of how joint modeling and 
simulation activities are supportive of Department- 
level strategies and goals. 
(3) For each appropriate element of the De-
partment of Defense and each appropriate combat-
ant command— 
(A) An identification of modeling and sim-
ulation capabilities; and 
(B) A description of plans and programs to 
continuously introduce new modeling and sim-
ulation technologies so as to enhance defense 
capabilities. 
(4) A description of incentives and plans to re-
duce or divest duplicative or outdated capabilities as 
necessary. 
(5) Plans or activities to allow non-defense 
users to access defense joint modeling and simula-
tion activities, as appropriate. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00768
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
769 
(6) Budget and resource estimates, including 
government and contractor personnel requirements, 
for planned joint modeling and simulation activities. 
(7) A description of the relationship and coordi-
nation between and among joint modeling and sim-
ulation activities and the modeling and simulation 
activities of elements of the Department of Defense, 
Federal agencies, State and local governments, aca-
demia, private industry, United States and inter-
national standards organizations, and international 
partners. 
(8) Any other matters the Secretary considers 
appropriate. 
(c) CONSULTATION.—The report under (a) shall be 
developed in consultation with appropriate military de-
partments, Defense Agencies, combatant commands, and 
other defense activities. 
SEC. 1043. RENEWAL OF SUBMITTAL OF PLANS FOR 
PROMPT GLOBAL STRIKE CAPABILITY. 
Section 1032(b)(1) of the National Defense Author-
ization Act for Fiscal Year 2004 (Public Law 108–136; 
117 Stat. 1605; 10 U.S.C. 113 note) is amended by insert-
ing ‘‘and each of 2007, 2008, and 2009,’’ after ‘‘2004, 
2005, and 2006,’’. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00769
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
770 
SEC. 1044. REPORT ON WORKFORCE REQUIRED TO SUP-
PORT THE NUCLEAR MISSIONS OF THE NAVY 
AND THE DEPARTMENT OF ENERGY. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense 
and the Secretary of Energy shall each submit to Congress 
a report on the requirements for a workforce to support 
the nuclear missions of the Navy and the Department of 
Energy during the 10-year period beginning on the date 
of the report. 
(b) ELEMENTS.—Each report shall include— 
(1) a description of the projected nuclear mis-
sions of the Navy and the Department of Energy 
during the 10-year period beginning on the date of 
the report; 
(2) an assessment of existing knowledge reten-
tion programs within the Department of Defense, 
the Department of Energy, the national laboratories, 
and federally funded research facilities that support 
the nuclear missions of the Navy and the Depart-
ment of Energy, and any planned changes in those 
programs; and 
(3) a plan to address anticipated workforce at-
trition, retirement, and recruiting trends during that 
period and ensure an adequate workforce in support 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00770
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
771 
of the nuclear missions of the Navy and the Depart-
ment of Energy. 
SEC. 1045. COMPTROLLER GENERAL REPORT ON DEFENSE 
FINANCE AND ACCOUNTING SERVICE RE-
SPONSE TO BUTTERBAUGH V. DEPARTMENT 
OF JUSTICE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the congressional de-
fense committees a report setting forth an assessment by 
the Comptroller General of the response of the Defense 
Finance and Accounting Service to the decision in 
Butterbaugh v. Department of Justice (336 F.3d 1332 
(2003)). 
(b) ELEMENTS.—The report required by subsection 
(a) shall include the following: 
(1) An estimate of the number of members of 
the reserve components of the Armed Forces, both 
past and present, who are entitled to compensation 
under the decision in Butterbaugh v. Department of 
Justice. 
(2) An assessment of the current policies, pro-
cedures, and timeliness of the Defense Finance and 
Accounting Service in implementing and resolving 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00771
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
772 
claims under the decision in Butterbaugh v. Depart-
ment of Justice. 
(3) An assessment whether or not the decisions 
made by the Defense Finance and Accounting Serv-
ice in implementing the decision in Butterbaugh v. 
Department of Justice follow a consistent pattern of 
resolution. 
(4) An assessment of whether or not the deci-
sions made by the Defense Finance and Accounting 
Service in implementing the decision in Butterbaugh 
v. Department of Justice are resolving claims by 
providing more compensation than an individual has 
been able to prove, under the rule of construction 
that laws providing benefits to veterans are liberally 
construed in favor of the veteran. 
(5) An estimate of the total amount of com-
pensation payable to members of the reserve compo-
nents of the Armed Forces, both past and present, 
as a result of the recent decision in Hernandez v. 
Department of the Air Force (No. 2006–3375, slip 
op.) that leave can be reimbursed for Reserve service 
before 1994, when Congress enacted chapter 43 of 
title 38, United States Code (commonly referred to 
as the ‘‘Uniformed Services Employment and Reem-
ployment Rights Act’’). 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00772
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
773 
(6) A comparative assessment of the handling 
of claims by the Defense Finance and Accounting 
Service under the decision in Butterbaugh v. De-
partment of Justice with the handling of claims by 
other Federal agencies (selected by the Comptroller 
General for purposes of the comparative assessment) 
under that decision. 
(7) A statement of the number of claims by 
members of the reserve components of the Armed 
Forces under the decision in Butterbaugh v. Depart-
ment of Justice that have been adjudicated by the 
Defense Finance and Accounting Service. 
(8) A statement of the number of claims by 
members of the reserve components of the Armed 
Forces under the decision in Butterbaugh v. Depart-
ment of Justice that have been denied by the De-
fense Finance and Accounting Service. 
(9) A comparative assessment of the average 
amount of time required for the Defense Finance 
and Accounting Service to resolve a claim under the 
decision in Butterbaugh v. Department of Justice 
with the average amount of time required by other 
Federal agencies (as so selected) to resolve a claim 
under that decision. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00773
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
774 
(10) A comparative statement of the backlog of 
claims with the Defense Finance and Accounting 
Service under the decision in Butterbaugh v. De-
partment of Justice with the backlog of claims of 
other Federal agencies (as so selected) under that 
decision. 
(11) An estimate of the amount of time re-
quired for the Defense Finance and Accounting 
Service to resolve all outstanding claims under the 
decision in Butterbaugh v. Department of Justice. 
(12) An assessment of the reasonableness of the 
requirement of the Defense Finance and Accounting 
Service for the submittal by members of the reserve 
components of the Armed Forces of supporting doc-
umentation for claims under the decision in 
Butterbaugh v. Department of Justice. 
(13) A comparative assessment of the require-
ment of the Defense Finance and Accounting Serv-
ice for the submittal by members of the reserve com-
ponents of the Armed Forces of supporting docu-
mentation 
for 
claims 
under 
the 
decision 
in 
Butterbaugh v. Department of Justice with the re-
quirement of other Federal agencies (as so selected) 
for the submittal by such members of supporting 
documentation for such claims. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00774
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
775 
(14) Such recommendations for legislative ac-
tion as the Comptroller General considers appro-
priate in light of the decision in Butterbaugh v. De-
partment of Justice and the decision in Hernandez 
v. Department of the Air Force. 
SEC. 1046. STUDY ON SIZE AND MIX OF AIRLIFT FORCE. 
(a) STUDY REQUIRED.—The Secretary of Defense 
shall conduct a requirements-based study on alternatives 
for the proper size and mix of fixed-wing intratheater and 
intertheater airlift assets to meet the National Military 
Strategy for each of the following timeframes: fiscal year 
2012, 2018, and 2024. The study shall— 
(1) focus on organic and commercially pro-
grammed airlift capabilities; 
(2) analyze the full-spectrum lifecycle costs of 
the various alternatives for organic models of each 
of the following aircraft: C–5A/B/C/M, C–17A, KC– 
X, KC–10, KC–135R, C–130E/H/J, Joint Cargo 
Aircraft; and 
(3) incorporate the augmentation capability, vi-
ability, and feasibility of the Civil Reserve Air Fleet 
during activation stages I, II, and III. 
(b) USE OF FFRDC.—The Secretary shall select, to 
carry out the study required by subsection (a), a federally 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00775
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
776 
funded research and development center that has experi-
ence and expertise in conducting similar studies. 
(c) STUDY PLAN.—The study required by subsection 
(a) shall be carried out under a study plan. The study 
plan shall be developed as follows: 
(1) The center selected under subsection (b) 
shall develop the study plan and shall, not later than 
60 days after the date of enactment of this Act, sub-
mit the study plan to the congressional defense com-
mittees, the Secretary, and the Comptroller General 
of the United States. 
(2) The Comptroller General shall review the 
study plan to determine whether it is complete and 
objective, and whether it has any flaws or weak-
nesses in scope or methodology, and shall, not later 
than 30 days after receiving the study plan, submit 
to the Secretary and the center a report that con-
tains the results of that review and provides any rec-
ommendations that the Comptroller General con-
siders appropriate for improvements to the study 
plan. 
(3) The center shall modify the study plan to 
incorporate the recommendations under paragraph 
(2) and shall, not later than 45 days after receiving 
that report, submit to the Secretary and the con-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00776
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
777 
gressional defense committees a report on those 
modifications. The report shall describe each modi-
fication and, if the modifications do not incorporate 
one or more of the recommendations, shall explain 
the reasons for not doing so. 
(d) ELEMENTS OF STUDY PLAN.—The study plan re-
quired by subsection (c) shall address, at minimum, the 
following: 
(1) A description of lift requirements and oper-
ating profiles for airlift aircraft required to meet the 
National Military Strategy, including assumptions 
regarding the following: 
(A) Current and future military combat 
and support missions. 
(B) The planned force structure growth of 
the military services. 
(C) Potential changes in lift requirements, 
including the deployment of the Future Combat 
Systems by the Army. 
(D) New capability in airlift to be provided 
by the KC(X) aircraft and the expected utiliza-
tion of such capability, including its use in 
intratheater lift. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00777
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
778 
(E) The utilization of intertheater lift air-
craft in intratheater combat mission support 
roles. 
(F) The availability and application of 
Civil Reserve Air Fleet assets in future military 
scenarios. 
(G) Air mobility requirements associated 
with the Global Rebasing Initiative of the De-
partment of Defense. 
(H) Air mobility requirements in support 
of worldwide peacekeeping and humanitarian 
missions. 
(I) Air mobility requirements in support of 
homeland defense and national emergencies. 
(J) The viability and capability of the Civil 
Reserve Air Fleet to augment organic forces in 
both friendly and hostile environments. 
(K) An assessment of the Civil Reserve Air 
Fleet to adequately augment the organic fleet 
as it relates to commercial inventory manage-
ment restructuring in response to future com-
mercial markets, streamlining of operations, ef-
ficiency measures, or downsizing of the partici-
pant. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00778
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
779 
(2) An evaluation of the state of the current 
airlift fleet of the Air Force, including assessments 
of the following: 
(A) The extent to which the increased use 
of airlift aircraft in on-going operations is af-
fecting the programmed service life of the air-
craft of that fleet. 
(B) The adequacy of the current airlift 
force, including whether or not a minimum of 
299 strategic airlift aircraft for the Air Force 
is sufficient to support future expeditionary 
combat and non-combat missions, as well as do-
mestic and training mission demands consistent 
with the requirements of meeting the National 
Military Strategy. 
(C) The optimal mix of C–5 and C–17 air-
craft for the strategic airlift fleet of the Air 
Force, to include the following: 
(i) The cost-effectiveness of modern-
izing various iterations of the C–5A and 
C–5B/C aircraft fleet versus procuring ad-
ditional C–17 aircraft. 
(ii) The military capability, oper-
ational availability, usefulness, and service 
life of the C–5A/B/C/M aircraft and the C– 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00779
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
780 
17 aircraft. Such an assessment shall ex-
amine appropriate metrics, such as aircraft 
availability rates, departure rates, and mis-
sion capable rates, in each of the following 
cases: 
(I) Completion of the Avionics 
Modernization Program and the Reli-
ability Enhancement and Re-engining 
Program. 
(II) Partial completion of the 
Avionics Modernization Program and 
the Reliability Enhancement and Re- 
engining Program, with partial com-
pletion of either such program being 
considered the point at which the con-
tinued execution of each program is 
no longer supported by the cost-effec-
tiveness analysis. 
(iii) At what specific fleet inventory 
for each organic aircraft, to include air re-
fueling aircraft used in the airlift role, 
would it impede the ability of Civil Reserve 
Air Fleet participants to remain a viable 
augmentation option. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00780
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
781 
(D) An analysis and assessment of the les-
sons that may be learned from the experience of 
the Air Force in restarting the production line 
for the C–5 aircraft after having closed the line 
for several years, and recommendations for the 
actions that the Department of Defense should 
take to ensure that the production line for the 
C–17 aircraft could be restarted if necessary, 
including— 
(i) an analysis of the methods that 
were used and costs that were incurred in 
closing and re-opening the production line 
for the C–5 aircraft; 
(ii) an assessment of the methods and 
actions that should be employed and the 
expected costs and risks of closing and re- 
opening the production line for the C–17 
aircraft in view of that experience. 
Such analysis and assessment should deal with 
issues such as production work force, produc-
tion facilities, tooling, industrial base suppliers, 
contractor logistics support versus organic 
maintenance, and diminished manufacturing 
sources. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00781
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
782 
(E) Assessing the military capability, oper-
ational availability, usefulness, service life and 
optimal mix of intra-theater airlift aircraft, to 
include— 
(i) the cost-effectiveness of procuring 
the Joint Cargo Aircraft versus procuring 
additional C–130J or refurbishing C– 
130E/H platforms to meet intra-theater 
airlift requirements of the combatant com-
mander and component commands; and 
(ii) the cost-effectiveness of procuring 
additional C–17 aircraft versus procuring 
additional C–130J platforms or refur-
bishing C–130E/H platforms to meet 
intra-theater airlift requirements of the 
combatant commander and component 
commands. 
(3) Each analysis required by paragraph (2) 
shall include— 
(A) a description of the assumptions and 
sensitivity analysis utilized in the study regard-
ing aircraft performances and cargo loading 
factors; and 
(B) a comprehensive statement of the data 
and assumptions utilized in making the pro-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00782
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
783 
gram life cycle cost estimates and a comparison 
of cost and risk associated with the optimally 
mixed fleet of airlift aircraft versus the program 
of record airlift aircraft fleet. 
(e) UTILIZATION OF OTHER STUDIES.—The study 
required by subsection (a) shall build upon the results of 
the 2005 Mobility Capabilities Studies, the on-going Intra- 
theater Airlift Fleet Mix Analysis, the Intra-theater Lift 
Capabilities Study, the Joint Future Theater Airlift Capa-
bilities Analysis, and other appropriate studies and anal-
yses, such as Fleet Viability Board Reports or special air-
craft assessments. The study shall also include any testing 
data collected on modernization, recapitalization, and up-
grade efforts of current organic aircraft. 
(f) COLLABORATION WITH UNITED STATES TRANS-
PORTATION COMMAND.—In conducting the study required 
by subsection (a) and preparing the report required by 
subsection (c)(3), the center shall collaborate with the 
commander of the United States Transportation Com-
mand. 
(g) COLLABORATION WITH COST ANALYSIS IM-
PROVEMENT GROUP.—In conducting the study required 
by subsection (a) and constructing the analysis required 
by subsection (a)(2), the center shall collaborate with the 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00783
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
784 
Cost Analysis Improvement Group of the Department of 
Defense. 
(h) REPORT.—Not later than January 10, 2009, the 
center selected under subsection (b) shall submit to the 
Secretary and the congressional defense committees a re-
port on the study required by subsection (a). The report 
shall be submitted in unclassified form, but shall include 
a classified annex. 
SEC. 1047. REPORT ON FEASIBILITY OF ESTABLISHING A 
DOMESTIC MILITARY AVIATION NATIONAL 
TRAINING CENTER. 
(a) IN GENERAL.—Not later than June 1, 2008, the 
Secretary of Defense shall submit to the congressional de-
fense committees a report to determine the feasibility of 
establishing a Border State Aviation Training Center 
(BSATC) to support the current and future requirements 
of the existing RC–26 training site for counterdrug activi-
ties, located at the Fixed Wing Army National Guard 
Aviation Training Site (FWAATS), including the domestic 
reconnaissance and surveillance missions of the National 
Guard in support of local, State, and Federal law enforce-
ment agencies, provided that the activities to be conducted 
at the BSATC shall not duplicate or displace any activity 
or program at the RC–26 training site or the FWAATS. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00784
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
785 
(b) CONTENT.—The report required under subsection 
(a) shall— 
(1) examine the current and past requirements 
of RC–26 aircraft in support of local, State, and 
Federal law enforcement and determine the number 
of additional aircraft required to provide such sup-
port for each State that borders Canada, Mexico, or 
the Gulf of Mexico; 
(2) determine the number of military and civil-
ian personnel required to run a RC–26 domestic 
training center meeting the requirements identified 
under paragraph (1); 
(3) determine the requirements and cost of lo-
cating such a training center at a military installa-
tion for the purpose of preempting and responding 
to security threats and responding to crises; and 
(4) include a comprehensive review of the num-
ber and type of intelligence, reconnaissance, and sur-
veillance platforms needed for the National Guard to 
effectively provide domestic operations and civil sup-
port (including homeland defense and counterdrug) 
to local, State, and Federal law enforcement and 
first responder entities and how those platforms 
would provide additional capabilities not currently 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00785
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
786 
available from the assets of other local, State, and 
Federal agencies. 
(c) CONSULTATION.—In preparing the report re-
quired under subsection (a), the Secretary of Defense shall 
consult with the Adjutant General of each State that bor-
ders Canada, Mexico, or the Gulf of Mexico, the Adjutant 
General of the State of West Virginia, and the National 
Guard Bureau. 
SEC. 1048. LIMITED FIELD USER EVALUATIONS FOR COM-
BAT HELMET PAD SUSPENSION SYSTEMS. 
(a) IN GENERAL.—The Secretary of Defense shall 
carry out a limited field user evaluation and operational 
assessment of qualified combat helmet pad suspension sys-
tems. The evaluation and assessment shall be carried out 
using verified product representative samples from combat 
helmet pad suspension systems that are qualified as of the 
date of the enactment of this Act. 
(b) REPORT.—Not later than September 30, 2008, 
the Secretary shall submit to the congressional defense 
committees a report on the results of the limited field user 
evaluation and operational assessment. 
(c) FUNDING.—The limited field user evaluation and 
operational assessment required by subsection (a) shall be 
conducted using funds appropriated pursuant to an au-
thorization of appropriations or otherwise made available 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00786
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
787 
for fiscal year 2008 for operation and maintenance, Army, 
for soldier protection and safety. 
SEC. 1049. STUDY ON NATIONAL SECURITY INTERAGENCY 
SYSTEM. 
(a) STUDY REQUIRED.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall enter into an agreement with an inde-
pendent, non-profit, non-partisan organization to conduct 
a study on the national security interagency system. 
(b) REPORT.—The agreement entered into under 
subsection (a) shall require the organization to submit to 
Congress and the President a report containing the results 
of the study conducted pursuant to such agreement and 
any recommendations for changes to the national security 
interagency system (including legislative or regulatory 
changes) identified by the organization as a result of the 
study. 
(c) SUBMITTAL DATE.—The agreement entered into 
under subsection (a) shall require the organization to sub-
mit the report required under subsection (a) not later than 
September 1, 2008. 
(d) NATIONAL SECURITY INTERAGENCY SYSTEM DE-
FINED.—In this section, the term ‘‘national security inter-
agency system’’ means the structures, mechanisms, and 
processes by which the departments, agencies, and ele-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00787
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
788 
ments of the Federal Government that have national secu-
rity missions coordinate and integrate their policies, capa-
bilities, expertise, and activities to accomplish such mis-
sions. 
(e) FUNDING.—Of the amount authorized to be ap-
propriated by section 301(5) for operation and mainte-
nance for Defense-wide activities, not more than 
$3,000,000 may be available to carry out this section. 
SEC. 1050. REPORT ON SOLID ROCKET MOTOR INDUSTRIAL 
BASE. 
(a) REPORT.—Not later than 190 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port on the status, capability, viability, and capacity of 
the solid rocket motor industrial base in the United States. 
(b) CONTENT.—The report required under subsection 
(a) shall include the following: 
(1) An assessment of the ability to maintain the 
Minuteman III intercontinental ballistic missile 
through its planned operational life. 
(2) An assessment of the ability to maintain the 
Trident II D–5 submarine launched ballistic missile 
through its planned operational life. 
(3) An assessment of the ability to maintain all 
other space launch, missile defense, and other vehi-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00788
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
789 
cles with solid rocket motors, through their planned 
operational lifetimes. 
(4) An assessment of the ability to support pro-
jected future requirements for vehicles with solid 
rocket motors to support space launch, missile de-
fense, or any range of ballistic missiles determined 
to be necessary to meet defense needs or other re-
quirements of the United States Government. 
(5) An assessment of the required materials, 
the supplier base, the production facilities, and the 
production workforce needed to ensure that current 
and future requirements could be met. 
(6) An assessment of the adequacy of the cur-
rent and projected industrial base support programs 
to support the full range of projected future require-
ments identified in paragraph (4). 
SEC. 1051. REPORTS ON ESTABLISHMENT OF A MEMORIAL 
FOR MEMBERS OF THE ARMED FORCES WHO 
DIED IN THE AIR CRASH IN BAKERS CREEK, 
AUSTRALIA, AND ESTABLISHMENT OF OTHER 
MEMORIALS IN ARLINGTON NATIONAL CEME-
TERY. 
(a) BAKERS CREEK MEMORIAL.—Not later than 
April 1, 2008, the Secretary of the Army shall submit to 
the Committee on Armed Services and the Committee on 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00789
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
790 
Veterans’ Affairs of the House of Representatives and the 
Committee on Armed Services and the Committee on Vet-
erans’ Affairs of the Senate a report containing a discus-
sion of locations outside of Arlington National Cemetery 
that would serve as a suitable location for the establish-
ment of a memorial to honor the memory of the 40 mem-
bers of the Armed Forces of the United States who lost 
their lives in the air crash at Bakers Creek, Australia, on 
June 14, 1943. 
(b) MEMORIALS IN ARLINGTON NATIONAL CEME-
TERY.—Not later than April 1, 2008, the Secretary of the 
Army shall submit to the congressional committees speci-
fied in subsection (a) a report containing— 
(1) recommendations to implement the results 
of the study regarding proposals for the construction 
of new memorials in Arlington National Cemetery 
that was conducted pursuant to section 2897 of the 
Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108–375; 118 
Stat. 2157); and 
(2) proposed legislation, if necessary, to imple-
ment the results of the study. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00790
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
791 
Subtitle F—Other Matters 
SEC. 1061. REIMBURSEMENT FOR NATIONAL GUARD SUP-
PORT PROVIDED TO FEDERAL AGENCIES. 
Section 377 of title 10, United States Code, is 
amended— 
(1) in subsection (a), by striking ‘‘To the ex-
tent’’ and inserting ‘‘Subject to subsection (c), to the 
extent’’; and 
(2) by striking subsection (b) and inserting the 
following new subsections: 
‘‘(b)(1) Subject to subsection (c), the Secretary of 
Defense shall require a Federal agency to which law en-
forcement support or support to a national special security 
event is provided by National Guard personnel performing 
duty under section 502(f) of title 32 to reimburse the De-
partment of Defense for the costs of that support, notwith-
standing any other provision of law. No other provision 
of this chapter shall apply to such support. 
‘‘(2) Any funds received by the Department of De-
fense under this subsection as reimbursement for support 
provided by personnel of the National Guard shall be cred-
ited, at the election of the Secretary of Defense, to the 
following: 
‘‘(A) The appropriation, fund, or account used 
to fund the support. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00791
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
792 
‘‘(B) The appropriation, fund, or account cur-
rently available for reimbursement purposes. 
‘‘(c) An agency to which support is provided under 
this chapter or section 502(f) of title 32 is not required 
to reimburse the Department of Defense for such support 
if the Secretary of Defense waives reimbursement. The 
Secretary may waive the reimbursement requirement 
under this subsection if such support— 
‘‘(1) is provided in the normal course of mili-
tary training or operations; or 
‘‘(2) results in a benefit to the element of the 
Department of Defense or personnel of the National 
Guard providing the support that is substantially 
equivalent to that which would otherwise be obtained 
from military operations or training.’’. 
SEC. 1062. CONGRESSIONAL COMMISSION ON THE STRA-
TEGIC POSTURE OF THE UNITED STATES. 
(a) ESTABLISHMENT.—There is hereby established a 
commission to be known as the ‘‘Congressional Commis-
sion on the Strategic Posture of the United States’’. The 
purpose of the commission is to examine and make rec-
ommendations with respect to the long-term strategic pos-
ture of the United States. 
(b) COMPOSITION.— 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00792
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
793 
(1) MEMBERSHIP.—The commission shall be 
composed of 12 members appointed as follows: 
(A) Three by the chairman of the Com-
mittee on Armed Services of the House of Rep-
resentatives. 
(B) Three by the ranking minority member 
of the Committee on Armed Services of the 
House of Representatives. 
(C) Three by the chairman of the Com-
mittee on Armed Services of the Senate. 
(D) Three by the ranking minority member 
of the Committee on Armed Services of the 
Senate. 
(2) CHAIRMAN; VICE CHAIRMAN.— 
(A) CHAIRMAN.—The chairman of the 
Committee on Armed Services of the House of 
Representatives and the chairman of the Com-
mittee on Armed Services of the Senate shall 
jointly designate one member of the commission 
to serve as chairman of the commission. 
(B) VICE CHAIRMAN.—The ranking minor-
ity member of the Committee on Armed Serv-
ices of the House of Representatives and the 
ranking minority member of the Committee on 
Armed Services of the Senate shall jointly des-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00793
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
794 
ignate one member of the commission to serve 
as vice chairman of the commission. 
(3) PERIOD
OF
APPOINTMENT; VACANCIES.— 
Members shall be appointed for the life of the com-
mission. Any vacancy in the commission shall be 
filled in the same manner as the original appoint-
ment. 
(c) DUTIES.— 
(1) REVIEW.—The commission shall conduct a 
review of the strategic posture of the United States, 
including a strategic threat assessment and a de-
tailed review of nuclear weapons policy, strategy, 
and force structure. 
(2) ASSESSMENT AND RECOMMENDATIONS.— 
(A) ASSESSMENT.—The commission shall 
assess the benefits and risks associated with the 
current strategic posture and nuclear weapons 
policies of the United States. 
(B) RECOMMENDATIONS.—The commis-
sion shall make recommendations as to the 
most appropriate strategic posture and most ef-
fective nuclear weapons strategy. 
(d) COOPERATION FROM GOVERNMENT.— 
(1) COOPERATION.—In carrying out its duties, 
the commission shall receive the full and timely co-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00794
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
795 
operation of the Secretary of Defense, the Secretary 
of Energy, the Secretary of State, the Director of 
National Intelligence, and any other United States 
Government official in providing the commission 
with analyses, briefings, and other information nec-
essary for the fulfillment of its responsibilities. 
(2) LIAISON.—The Secretary of Defense, the 
Secretary of Energy, the Secretary of State, and the 
Director of National Intelligence shall each des-
ignate at least one officer or employee of the De-
partment of Defense, the Department of Energy, the 
Department of State, and the intelligence commu-
nity, respectively, to serve as a liaison officer be-
tween the department (or the intelligence commu-
nity, as the case may be) and the commission. 
(e) REPORT.—Not later than December 1, 2008, the 
commission shall submit to the President, the Secretary 
of Defense, the Secretary of Energy, the Secretary of 
State, the Committee on Armed Services of the Senate, 
and the Committee on Armed Services of the House of 
Representatives a report on the commission’s findings, 
conclusions, and recommendations. The report shall iden-
tify the strategic posture and nuclear weapons strategy 
recommended under subsection (c)(2)(B) and shall in-
clude— 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00795
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
796 
(1) the military capabilities and force structure 
necessary to support the strategy, including both nu-
clear and non-nuclear capabilities that might sup-
port the strategy; 
(2) the number of nuclear weapons required to 
support the strategy, including the number of re-
placement warheads required, if any; 
(3) the appropriate qualitative analysis, includ-
ing force-on-force exchange modeling, to calculate 
the effectiveness of the strategy under various sce-
narios; 
(4) the nuclear infrastructure (that is, the size 
of the nuclear complex) required to support the 
strategy; 
(5) an assessment of the role of missile defenses 
in the strategy; 
(6) an assessment of the role of nonprolifera-
tion programs in the strategy; 
(7) the political and military implications of the 
strategy for the United States and its allies; and 
(8) any other information or recommendations 
relating to the strategy (or to the strategic posture) 
that the commission considers appropriate. 
(f) FUNDING.—Of the amounts appropriated or oth-
erwise made available pursuant to this Act to the Depart-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00796
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
797 
ment of Defense, $5,000,000 is available to fund the ac-
tivities of the commission. 
(g) TERMINATION.—The commission shall terminate 
on June 1, 2009. 
SEC. 1063. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, 
United States Code, is amended as follows: 
(1) Chapter 3 is amended— 
(A) by redesignating the section 127c 
added by section 1201(a) of the John Warner 
National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109–364; 120 Stat. 
2410) as section 127d and transferring that 
section so as to appear immediately after the 
section 127c added by section 1231(a) of the 
National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109–163; 119 Stat. 
3467); and 
(B) by revising the table of sections at the 
beginning of such chapter to reflect the redesig-
nation and transfer made by paragraph (1). 
(2) Section 629(d)(1) is amended by inserting 
a comma after ‘‘(a)’’. 
(3) Section 662(b) is amended by striking 
‘‘paragraphs (1), (2), and (3) of subsection (a)’’ and 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00797
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
798 
inserting ‘‘paragraphs (1) and (2) of subsection 
(a)’’. 
(4) Subsections (c) and (d) of section 948r are 
each amended by striking ‘‘Defense Treatment Act 
of 2005’’ each place it appears and inserting ‘‘De-
tainee Treatment Act of 2005’’. 
(5) The table of sections at the beginning of 
subchapter VI of chapter 47A is amended by strik-
ing the item relating to section 950j and inserting 
the following: 
‘‘950j. Finality of proceedings, findings, and sentences.’’. 
(6) Section 950f(b) is amended by striking ‘‘No 
person may be serve’’ and inserting ‘‘No person may 
serve’’. 
(7) The heading for section 950j is amended by 
striking ‘‘Finality or’’ and inserting ‘‘Finality 
of’’. 
(8) Section 1034(b)(2) is amended by inserting 
‘‘unfavorable’’ before ‘‘action’’ the second place it 
appears. 
(9) Section 1588(d)(1)(B) is amended by strik-
ing ‘‘the Act of March 9, 1920, commonly known as 
the ‘Suits in Admiralty Act’ (41 Stat. 525; 46 
U.S.C. App. 741 et seq.) and the Act of March 3, 
1925, commonly known as the ‘Public Vessels Act’ 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00798
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
799 
(43 Stat. 1112; 46 U.S.C. App. 781 et seq.)’’ and 
inserting ‘‘chapters 309 and 311 of title 46’’. 
(10) The table of sections at the beginning of 
chapter 137 is amended by striking the item relating 
to section 2333 and inserting the following new 
item: 
‘‘2333. Joint policies on requirements definition, contingency program manage-
ment, and contingency contracting.’’. 
(11) The table of sections at the beginning of 
chapter 141 is amended by inserting a period at the 
end of the item relating to section 2410p. 
(12) The table of sections at the beginning of 
chapter 152 is amended by inserting a period at the 
end of the item relating to section 2567. 
(13) Section 2583(e) is amended by striking 
‘‘DOGS’’ and inserting ‘‘ANIMALS’’. 
(14) Section 2668(e) is amended by striking 
‘‘and (d)’’ and inserting ‘‘and (e)’’. 
(15) Section 12304(a) is amended by striking 
the second period at the end. 
(16) Section 14310(d)(1) is amended by insert-
ing a comma after ‘‘(a)’’. 
(b) TITLE 37, UNITED STATES CODE.—Section 
302c(d)(1) of title 37, United States Code, is amended 
by striking ‘‘Services Corps’’ and inserting ‘‘Service 
Corps’’. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00799
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
804 
(1) in paragraph (2)(A), by inserting ‘‘Re-
search’’ after ‘‘Defense Advanced’’; and 
(2) in paragraph (3), by inserting ‘‘Research’’ 
after ‘‘Defense Advanced’’. 
(i) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 1993.—Section 722(a)(1) of the National 
Defense Authorization Act for Fiscal Year 1993 (Public 
Law 102–484; 10 U.S.C. 1073 note) is amended by strik-
ing ‘‘155 Stat.’’ and inserting ‘‘115 Stat.’’. 
SEC. 1064. REPEAL OF CERTIFICATION REQUIREMENT. 
Section 1063 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3445) is repealed. 
SEC. 1065. MAINTENANCE OF CAPABILITY FOR SPACE- 
BASED NUCLEAR DETECTION. 
The Secretary of Defense shall maintain the capa-
bility for space-based nuclear detection at a level that 
meets or exceeds the level of capability as of the date of 
the enactment of this Act. 
SEC. 1066. SENSE OF CONGRESS REGARDING DETAINEES 
AT 
NAVAL 
STATION, 
GUANTANAMO 
BAY, 
CUBA. 
It is the sense of Congress that— 
(1) the Nation extends its gratitude to the mili-
tary personnel who guard and interrogate some of 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00804
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
805 
the world’s most dangerous men every day at Naval 
Station, Guantanamo Bay, Cuba; 
(2) the United States Government should urge 
the international community, in general, and in par-
ticular, the home countries of the detainees who re-
main in detention despite having been ordered re-
leased by a Department of Defense administrative 
review board, to work with the Department of De-
fense to facilitate and expedite the repatriation of 
such detainees; 
(3) detainees at Guantanamo Bay, to the max-
imum extent possible, should be charged and expedi-
tiously prosecuted for crimes committed against the 
United States; and 
(4) operations at Guantanamo Bay should be 
carried out in a way that upholds the national inter-
est and core values of the American people. 
SEC. 1067. A REPORT ON TRANSFERRING INDIVIDUALS DE-
TAINED AT NAVAL STATION, GUANTANAMO 
BAY, CUBA. 
(a) REPORT REQUIRED.—Not later than 60 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a report that contains the Secretary’s plan for 
each individual presently detained at Naval Station, Guan-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00805
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
806 
tanamo Bay, Cuba, under the control of the Joint Task 
Force Guantanamo, who is or has ever been classified as 
an ‘‘enemy combatant’’ (referred to in this section as a 
‘‘detainee’’). 
(b) CONTENTS OF REPORT.—The report required 
under subsection (a) shall include each of the following: 
(1) An identification of the number of detainees 
who, as of December 31, 2007, the Department esti-
mates— 
(A) will have been or will be charged with 
one or more crimes and may, therefore, be tried 
before a military commission; 
(B) will be subject of an order calling for 
the release or transfer of the detainee from the 
Guantanamo Bay facility; or 
(C) will not have been charged with any 
crimes and will not be subject to an order call-
ing for the release or transfer of the detainee 
from the Guantanamo Bay facility, but whom 
the Department wishes to continue to detain. 
(2) A description of the actions required to be 
undertaken, by the Secretary of Defense, possibly 
the heads of other Federal agencies, and Congress, 
to ensure that detainees who are subject to an order 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00806
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
807 
calling for their release or transfer from the Guanta-
namo Bay facility have, in fact, been released. 
(c) FORM.—The report required by subsection (a) 
shall be submitted in unclassified form but may contain 
a classified annex. 
SEC. 1068. REPEAL OF PROVISIONS IN SECTION 1076 OF 
PUBLIC LAW 109–364 RELATING TO USE OF 
ARMED FORCES IN MAJOR PUBLIC EMER-
GENCIES. 
(a) INTERFERENCE WITH STATE
AND FEDERAL 
LAWS.— 
(1) IN
GENERAL.—Section 333 of title 10, 
United States Code, is amended to read as follows: 
‘‘§ 333. Interference with State and Federal law 
‘‘The President, by using the militia or the armed 
forces, or both, or by any other means, shall take such 
measures as he considers necessary to suppress, in a 
State, any insurrection, domestic violence, unlawful com-
bination, or conspiracy, if it— 
‘‘(1) so hinders the execution of the laws of that 
State, and of the United States within the State, 
that any part or class of its people is deprived of a 
right, privilege, immunity, or protection named in 
the Constitution and secured by law, and the con-
stituted authorities of that State are unable, fail, or 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00807
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
808 
refuse to protect that right, privilege, or immunity, 
or to give that protection; or 
‘‘(2) opposes or obstructs the execution of the 
laws of the United States or impedes the course of 
justice under those laws. 
In any situation covered by clause (1), the State shall be 
considered to have denied the equal protection of the laws 
secured by the Constitution.’’. 
(2) PROCLAMATION TO DISPERSE.—Section 334 
of such title is amended by striking ‘‘or those ob-
structing the enforcement of the laws’’ after ‘‘insur-
gents’’. 
(3) HEADING
AMENDMENT.—The heading of 
chapter 15 of such title is amended to read as fol-
lows: 
‘‘CHAPTER 15—INSURRECTION’’. 
(4) CLERICAL AMENDMENTS.— 
(A) The table of sections at the beginning 
of chapter 15 of such title is amended by strik-
ing the item relating to section 333 and insert-
ing the following new item: 
‘‘333. Interference with State and Federal law.’’. 
(B) The tables of chapters at the begin-
ning of subtitle A of title 10, United States 
Code, and at the beginning of part I of such 
subtitle, are each amended by striking the item 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00808
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
809 
relating to chapter 15 and inserting the fol-
lowing new item: 
‘‘15. Insurrection ......................................................................................
331’’. 
(b) REPEAL OF SECTION RELATING TO PROVISION 
OF SUPPLIES, SERVICES, AND EQUIPMENT.— 
(1) IN
GENERAL.—Section 2567 of title 10, 
United States Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 152 of such title 
is amended by striking the item relating to section 
2567. 
(c) CONFORMING AMENDMENT.—Section 12304(c) of 
such title is amended by striking ‘‘Except to perform’’ and 
all that follows through ‘‘this section’’ and inserting ‘‘No 
unit or member of a reserve component may be ordered 
to active duty under this section to perform any of the 
functions authorized by chapter 15 or section 12406 of 
this title or, except as provided in subsection (b),’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
SEC. 1069. STANDARDS REQUIRED FOR ENTRY TO MILI-
TARY INSTALLATIONS IN UNITED STATES. 
(a) DEVELOPMENT OF STANDARDS.— 
(1) ACCESS
STANDARDS
FOR
VISITORS.—The 
Secretary of Defense shall develop access standards 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00809
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
810 
applicable to all military installations in the United 
States. The standards shall require screening stand-
ards appropriate to the type of installation involved, 
the security level, category of individuals authorized 
to visit the installation, and level of access to be 
granted, including— 
(A) protocols to determine the fitness of 
the individual to enter an installation; and 
(B) standards and methods for verifying 
the identity of the individual. 
(2) ADDITIONAL CRITERIA.—The standards re-
quired under paragraph (1) may— 
(A) provide for expedited access to a mili-
tary installation for Department of Defense 
personnel and employees and family members of 
personnel who reside on the installation; 
(B) provide for closer scrutiny of cat-
egories of individuals determined by the Sec-
retary of Defense to pose a higher potential se-
curity risk; and 
(C) in the case of an installation that the 
Secretary determines contains particularly sen-
sitive facilities, provide additional screening re-
quirements, as well as physical and other secu-
rity measures for the installation. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00810
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
811 
(b) USE OF TECHNOLOGY.—The Secretary of De-
fense is encouraged to procure and field existing identi-
fication screening technology and to develop additional 
technology only to the extent necessary to assist com-
manders of military installations in implementing the 
standards developed under this section at points of entry 
for such installations. 
(c) DEADLINES.— 
(1) DEVELOPMENT
AND
IMPLEMENTATION.— 
The Secretary of Defense shall develop the stand-
ards required under this section by not later than 
July 1, 2008, and implement such standards by not 
later than January 1, 2009. 
(2) SUBMISSION TO CONGRESS.—Not later than 
August 1, 2009, the Secretary shall submit to the 
Committees on Armed Services of the Senate and 
House of Representatives the standards implemented 
pursuant to paragraph (1). 
SEC. 1070. REVISED NUCLEAR POSTURE REVIEW. 
(a) REQUIREMENT FOR COMPREHENSIVE REVIEW.— 
In order to clarify United States nuclear deterrence policy 
and strategy for the near term, the Secretary of Defense 
shall conduct a comprehensive review of the nuclear pos-
ture of the United States for the next 5 to 10 years. The 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00811
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
812 
Secretary shall conduct the review in consultation with the 
Secretary of Energy and the Secretary of State. 
(b) ELEMENTS OF REVIEW.—The nuclear posture re-
view shall include the following elements: 
(1) The role of nuclear forces in United States 
military strategy, planning, and programming. 
(2) The policy requirements and objectives for 
the United States to maintain a safe, reliable, and 
credible nuclear deterrence posture. 
(3) The relationship among United States nu-
clear deterrence policy, targeting strategy, and arms 
control objectives. 
(4) The role that missile defense capabilities 
and conventional strike forces play in determining 
the role and size of nuclear forces. 
(5) The levels and composition of the nuclear 
delivery systems that will be required for imple-
menting the United States national and military 
strategy, including any plans for replacing or modi-
fying existing systems. 
(6) The nuclear weapons complex that will be 
required for implementing the United States na-
tional and military strategy, including any plans to 
modernize or modify the complex. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00812
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
813 
(7) The active and inactive nuclear weapons 
stockpile that will be required for implementing the 
United States national and military strategy, includ-
ing any plans for replacing or modifying warheads. 
(c) REPORT TO CONGRESS.—The Secretary of De-
fense shall submit to Congress, in unclassified and classi-
fied forms as necessary, a report on the results of the nu-
clear posture review conducted under this section. The re-
port shall be submitted concurrently with the quadrennial 
defense review required to be submitted under section 118 
of title 10, United States Code, in 2009. 
(d) SENSE OF CONGRESS.—It is the sense of Con-
gress that the nuclear posture review conducted under this 
section should be used as a basis for establishing future 
United States arms control objectives and negotiating po-
sitions. 
SEC. 1071. TERMINATION OF COMMISSION ON THE IMPLE-
MENTATION OF THE NEW STRATEGIC POS-
TURE OF THE UNITED STATES. 
Section 1051 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3431) is repealed. 
SEC. 1072. SECURITY CLEARANCES; LIMITATIONS. 
(a) IN GENERAL.—Title III of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (50 U.S.C. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00813
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
814 
435b) is amended by adding at the end the following new 
section: 
‘‘SEC. 3002. SECURITY CLEARANCES; LIMITATIONS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CONTROLLED
SUBSTANCE.—The term 
‘controlled substance’ has the meaning given that 
term in section 102 of the Controlled Substances 
Act (21 U.S.C. 802). 
‘‘(2) COVERED
PERSON.—The term ‘covered 
person’ means— 
‘‘(A) an officer or employee of a Federal 
agency; 
‘‘(B) a member of the Army, Navy, Air 
Force, or Marine Corps who is on active duty 
or is in an active status; and 
‘‘(C) an officer or employee of a contractor 
of a Federal agency. 
‘‘(3) RESTRICTED DATA.—The term ‘Restricted 
Data’ has the meaning given that term in section 11 
of the Atomic Energy Act of 1954 (42 U.S.C. 
2014). 
‘‘(4) SPECIAL
ACCESS
PROGRAM.—The term 
‘special access program’ has the meaning given that 
term in section 4.1 of Executive Order No. 12958 
(60 Fed. Reg. 19825). 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00814
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
815 
‘‘(b) PROHIBITION.—After January 1, 2008, the 
head of a Federal agency may not grant or renew a secu-
rity clearance for a covered person who is an unlawful user 
of a controlled substance or an addict (as defined in sec-
tion 102(1) of the Controlled Substances Act (21 U.S.C. 
802)). 
‘‘(c) DISQUALIFICATION.— 
‘‘(1) IN GENERAL.—After January 1, 2008, ab-
sent an express written waiver granted in accordance 
with paragraph (2), the head of a Federal agency 
may not grant or renew a security clearance de-
scribed in paragraph (3) for a covered person who— 
‘‘(A) has been convicted in any court of the 
United States of a crime, was sentenced to im-
prisonment for a term exceeding 1 year, and 
was incarcerated as a result of that sentence for 
not less than 1 year; 
‘‘(B) has been discharged or dismissed 
from the Armed Forces under dishonorable con-
ditions; or 
‘‘(C) is mentally incompetent, as deter-
mined by an adjudicating authority, based on 
an evaluation by a duly qualified mental health 
professional employed by, or acceptable to and 
approved by, the United States Government 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00815
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
816 
and in accordance with the adjudicative guide-
lines required by subsection (d). 
‘‘(2) WAIVER
AUTHORITY.—In a meritorious 
case, an exception to the disqualification in this sub-
section may be authorized if there are mitigating 
factors. Any such waiver may be authorized only in 
accordance with— 
‘‘(A) standards and procedures prescribed 
by, or under the authority of, an Executive 
order or other guidance issued by the President; 
or 
‘‘(B) the adjudicative guidelines required 
by subsection (d). 
‘‘(3) COVERED SECURITY CLEARANCES.—This 
subsection applies to security clearances that provide 
for access to— 
‘‘(A) special access programs; 
‘‘(B) Restricted Data; or 
‘‘(C) any other information commonly re-
ferred to as ‘sensitive compartmented informa-
tion’. 
‘‘(4) ANNUAL REPORT.— 
‘‘(A) REQUIREMENT
FOR
REPORT.—Not 
later than February 1 of each year, the head of 
a Federal agency shall submit a report to the 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00816
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
817 
appropriate committees of Congress if such 
agency employs or employed a person for whom 
a waiver was granted in accordance with para-
graph (2) during the preceding year. Such an-
nual report shall not reveal the identity of such 
person, but shall include for each waiver issued 
the disqualifying factor under paragraph (1) 
and the reasons for the waiver of the disquali-
fying factor. 
‘‘(B) DEFINITIONS.—In this paragraph: 
‘‘(i) APPROPRIATE
COMMITTEES
OF 
CONGRESS.—The term ‘appropriate com-
mittees of Congress’ means, with respect 
to a report submitted under subparagraph 
(A) by the head of a Federal agency— 
‘‘(I) the congressional defense 
committees; 
‘‘(II) the congressional intel-
ligence committees; 
‘‘(III) the Committee on Home-
land Security and Governmental Af-
fairs of the Senate; 
‘‘(IV) the Committee on Over-
sight and Government Reform of the 
House of Representatives; and 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00817
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
818 
‘‘(V) each Committee of the Sen-
ate or the House of Representatives 
with oversight authority over such 
Federal agency. 
‘‘(ii) CONGRESSIONAL DEFENSE COM-
MITTEES.—The term ‘congressional de-
fense committees’ has the meaning given 
that term in section 101(a)(16) of title 10, 
United States Code. 
‘‘(iii) CONGRESSIONAL INTELLIGENCE 
COMMITTEES.—The term ‘congressional in-
telligence committees’ has the meaning 
given that term in section 3 of the Na-
tional Security Act of 1947 (50 U.S.C. 
401a). 
‘‘(d) ADJUDICATIVE GUIDELINES.— 
‘‘(1) 
REQUIREMENT
TO
ESTABLISH.—The 
President shall establish adjudicative guidelines for 
determining eligibility for access to classified infor-
mation. 
‘‘(2) REQUIREMENTS
RELATED
TO
MENTAL 
HEALTH.—The guidelines required by paragraph (1) 
shall— 
‘‘(A) include procedures and standards 
under which a covered person is determined to 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00818
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
819 
be mentally incompetent and provide a means 
to appeal such a determination; and 
‘‘(B) require that no negative inference 
concerning the standards in the guidelines may 
be raised solely on the basis of seeking mental 
health counseling.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) REPEAL.—Section 986 of title 10, United 
States Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 49 of such title is 
amended by striking the item relating to section 
986. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on January 1, 
2008. 
SEC. 1073. IMPROVEMENTS IN THE PROCESS FOR THE 
ISSUANCE OF SECURITY CLEARANCES. 
(a) DEMONSTRATION PROJECT.—Not later than 6 
months after the date of the enactment of this Act, the 
Secretary of Defense and the Director of National Intel-
ligence shall implement a demonstration project that ap-
plies new and innovative approaches to improve the proc-
essing of requests for security clearances. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00819
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
820 
(b) EVALUATION.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Defense 
and the Director of National Intelligence shall carry out 
an evaluation of the process for issuing security clearances 
and develop a specific plan and schedule for replacing such 
process with an improved process. 
(c) REPORT.—Not later than 30 days after the date 
of the completion of the evaluation required by subsection 
(b), the Secretary of Defense and the Director of National 
Intelligence shall submit to Congress a report on— 
(1) the results of the demonstration project car-
ried out pursuant to subsection (a); 
(2) the results of the evaluation carried out 
under subsection (b); and 
(3) the recommended specific plan and schedule 
for replacing the existing process for issuing security 
clearances with an improved process. 
SEC. 1074. PROTECTION OF CERTAIN INDIVIDUALS. 
(a) PROTECTION FOR DEPARTMENT LEADERSHIP.— 
The Secretary of Defense, under regulations prescribed by 
the Secretary and in accordance with guidelines approved 
by the Secretary and the Attorney General, may authorize 
qualified members of the Armed Forces and qualified civil-
ian employees of the Department of Defense to provide 
physical protection and personal security within the 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00820
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
821 
United States to the following persons who, by nature of 
their positions, require continuous security and protection: 
(1) Secretary of Defense. 
(2) Deputy Secretary of Defense. 
(3) Chairman of the Joint Chiefs of Staff. 
(4) Vice Chairman of the Joint Chiefs of Staff. 
(5) Secretaries of the military departments. 
(6) Chiefs of the Services. 
(7) Commanders of combatant commands. 
(b) PROTECTION FOR ADDITIONAL PERSONNEL.— 
(1) AUTHORITY TO PROVIDE.—The Secretary of 
Defense, under regulations prescribed by the Sec-
retary and in accordance with guidelines approved 
by the Secretary and the Attorney General, may au-
thorize qualified members of the Armed Forces and 
qualified civilian employees of the Department of 
Defense to provide physical protection and personal 
security within the United States to individuals 
other than individuals described in paragraphs (1) 
through (7) of subsection (a) if the Secretary deter-
mines that such protection and security are nec-
essary because— 
(A) there is an imminent and credible 
threat to the safety of the individual for whom 
protection is to be provided; or 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00821
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
822 
(B) compelling operational considerations 
make such protection essential to the conduct of 
official Department of Defense business. 
(2) PERSONNEL.—Individuals authorized to re-
ceive physical protection and personal security under 
this subsection include the following: 
(A) Any official, military member, or em-
ployee of the Department of Defense. 
(B) A former or retired official who faces 
serious and credible threats arising from duties 
performed while employed by the Department 
for a period of up to two years beginning on the 
date on which the official separates from the 
Department. 
(C) A head of a foreign state, an official 
representative of a foreign government, or any 
other distinguished foreign visitor to the United 
States who is primarily conducting official busi-
ness with the Department of Defense. 
(D) Any member of the immediate family 
of a person authorized to receive physical pro-
tection and personal security under this section. 
(E) An individual who has been designated 
by the President, and who has received the ad-
vice and consent of the Senate, to serve as Sec-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00822
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
823 
retary of Defense, but who has not yet been ap-
pointed as Secretary of Defense. 
(3) LIMITATION ON DELEGATION.—The author-
ity of the Secretary of Defense to authorize the pro-
vision of physical protection and personal security 
under this subsection may be delegated only to the 
Deputy Secretary of Defense. 
(4) REQUIREMENT FOR WRITTEN DETERMINA-
TION.—A determination of the Secretary of Defense 
to provide physical protection and personal security 
under this subsection shall be in writing, shall be 
based on a threat assessment by an appropriate law 
enforcement, security, or intelligence organization, 
and shall include the name and title of the officer, 
employee, or other individual affected, the reason for 
such determination, the duration of the authorized 
protection and security for such officer, employee, or 
individual, and the nature of the arrangements for 
the protection and security. 
(5) DURATION OF PROTECTION.— 
(A) INITIAL
PERIOD
OF
PROTECTION.— 
After making a written determination under 
paragraph (4), the Secretary of Defense may 
provide protection and security to an individual 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00823
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
824 
under this subsection for an initial period of not 
more than 90 calendar days. 
(B) SUBSEQUENT PERIOD.—If, at the end 
of the period that protection and security is 
provided to an individual under subsection (A), 
the Secretary determines that a condition de-
scribed in subparagraph (A) or (B) of para-
graph (1) continues to exist with respect to the 
individual, the Secretary may extend the period 
that such protection and security is provided for 
additional 60-day periods. The Secretary shall 
review such a determination at the end of each 
60-day period to determine whether to continue 
to provide such protection and security. 
(C) REQUIREMENT FOR COMPLIANCE WITH 
REGULATIONS.—Protection and personal secu-
rity provided under subparagraph (B) shall be 
provided in accordance with the regulations and 
guidelines referred to in paragraph (1). 
(6) SUBMISSION TO CONGRESS.— 
(A) IN GENERAL.—The Secretary of De-
fense shall submit to the congressional defense 
committees each determination made under 
paragraph (4) to provide protection and secu-
rity to an individual and of each determination 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00824
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
825 
under paragraph (5)(B) to extend such protec-
tion and security, together with the justification 
for such determination, not later than 15 days 
after the date on which the determination is 
made. 
(B) FORM
OF
REPORT.—A report sub-
mitted under subparagraph (A) may be made in 
classified form. 
(C) REGULATIONS AND GUIDELINES.—The 
Secretary of Defense shall submit to the con-
gressional defense committees the regulations 
and guidelines prescribed pursuant to para-
graph (1) not less than 20 days before the date 
on which such regulations take effect. 
(c) DEFINITIONS.—In this section: 
(1) CONGRESSIONAL DEFENSE COMMITTEES.— 
The term ‘‘congressional defense committees’’ means 
the Committee on Appropriations and the Com-
mittee on Armed Services of the Senate and the 
Committee on Appropriations and the Committee on 
Armed Services of the House of Representatives. 
(2) QUALIFIED
MEMBERS
OF
THE
ARMED 
FORCES AND QUALIFIED CIVILIAN EMPLOYEES OF 
THE DEPARTMENT OF DEFENSE.—The terms ‘‘quali-
fied members of the Armed Forces’’ and ‘‘qualified 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00825
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
826 
civilian employees of the Department of Defense’’ 
refer collectively to members or employees who are 
assigned to investigative, law enforcement, or secu-
rity duties of any of the following: 
(A) The Army Criminal Investigation Com-
mand. 
(B) The Naval Criminal Investigative Serv-
ice. 
(C) The Air Force Office of Special Inves-
tigations. 
(D) The Defense Criminal Investigative 
Service. 
(E) The Pentagon Force Protection Agen-
cy. 
(d) CONSTRUCTION.— 
(1) NO
ADDITIONAL
LAW
ENFORCEMENT
OR 
ARREST AUTHORITY.—Other than the authority to 
provide protection and security under this section, 
nothing in this section may be construed to bestow 
any additional law enforcement or arrest authority 
upon the qualified members of the Armed Forces 
and qualified civilian employees of the Department 
of Defense. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00826
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
827 
(2) POSSE COMITATUS.—Nothing in this section 
shall be construed to abridge section 1385 of title 
18, United States Code. 
(3) AUTHORITIES OF OTHER DEPARTMENTS.— 
Nothing in this section may be construed to preclude 
or limit, in any way, the express or implied powers 
of the Secretary of Defense or other Department of 
Defense officials, or the duties and authorities of the 
Secretary of State, the Director of the United States 
Secret Service, the Director of the United States 
Marshals Service, or any other Federal law enforce-
ment agency. 
SEC. 1075. MODIFICATION OF AUTHORITIES ON COMMIS-
SION 
TO 
ASSESS 
THE 
THREAT 
TO 
THE 
UNITED STATES FROM ELECTROMAGNETIC 
PULSE ATTACK. 
(a) EXTENSION OF DATE OF SUBMITTAL OF FINAL 
REPORT.—Section 1403(a) of the Floyd D. Spence Na-
tional Defense Authorization Act for Fiscal Year 2001 (as 
enacted into law by Public Law 106–398; 50 U.S.C. 2301 
note) is amended by striking ‘‘June 30, 2007’’ and insert-
ing ‘‘November 30, 2008’’. 
(b) COORDINATION OF WORK WITH DEPARTMENT 
OF HOMELAND SECURITY.—Section 1404 of such Act is 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00827
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
828 
amended by adding at the end the following new sub-
section: 
‘‘(c) COORDINATION WITH DEPARTMENT OF HOME-
LAND SECURITY.—The Commission and the Secretary of 
Homeland Security shall jointly ensure that the work of 
the Commission with respect to electromagnetic pulse at-
tack on electricity infrastructure, and protection against 
such attack, is coordinated with Department of Homeland 
Security efforts on such matters.’’. 
(c) LIMITATION
ON DEPARTMENT
OF DEFENSE 
FUNDING.—The aggregate amount of funds provided by 
the Department of Defense to the Commission to Assess 
the Threat to the United States from Electromagnetic 
Pulse Attack for purposes of the preparation and sub-
mittal of the final report required by section 1403(a) of 
the Floyd D. Spence National Defense Authorization Act 
for Fiscal Year 2001 (as amended by subsection (a)), 
whether by transfer or otherwise and including funds pro-
vided the Commission before the date of the enactment 
of this Act, shall not exceed $5,600,000. 
SEC. 1076. SENSE OF CONGRESS ON SMALL BUSINESS INNO-
VATION RESEARCH PROGRAM. 
It is the sense of Congress that— 
(1) the Department of Defense’s Small Busi-
ness Innovation Research program has been effective 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00828
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
829 
in supporting the performance of the missions of the 
Department of Defense, by stimulating technological 
innovation through investments in small business re-
search activities; 
(2) the Department of Defense’s Small Busi-
ness Innovation Research program has transitioned 
a number of technologies and systems into oper-
ational use by warfighters; and 
(3) the Department of Defense’s Small Busi-
ness Innovation Research program should be reau-
thorized so as to ensure that the program’s activities 
can continue seamlessly, efficiently, and effectively. 
SEC. 1077. REVISION OF PROFICIENCY FLYING DEFINITION. 
Subsection (c) of section 2245 of title 10, United 
States Code, is amended to read as follows: 
‘‘(c) In this section, the term ‘proficiency flying’ 
means flying performed under competent orders by a rated 
or designated member of the armed forces while serving 
in a non-aviation assignment or in an assignment in which 
skills would normally not be maintained in the perform-
ance of assigned duties.’’. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00829
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
830 
SEC. 1078. QUALIFICATIONS FOR PUBLIC AIRCRAFT STA-
TUS OF AIRCRAFT UNDER CONTRACT WITH 
THE ARMED FORCES. 
(a) DEFINITION
OF PUBLIC AIRCRAFT.—Section 
40102(a)(41)(E) of title 49, United States Code, is 
amended— 
(1) by inserting ‘‘or other commercial air serv-
ice’’ after ‘‘transportation’’; and 
(2) by adding at the end the following: ‘‘In the 
preceding sentence, the term ‘other commercial air 
service’ means an aircraft operation that (i) is with-
in the United States territorial airspace; (ii) the Ad-
ministrator of the Federal Aviation Administration 
determines is available for compensation or hire to 
the public, and (iii) must comply with all applicable 
civil aircraft rules under title 14, Code of Federal 
Regulations.’’. 
(b) AIRCRAFT OPERATED BY THE ARMED FORCES.— 
Section 40125(c)(1)(C) of such title is amended by insert-
ing ‘‘or other commercial air service’’ after ‘‘transpor-
tation’’. 
(c) CONFORMING AMENDMENTS.— 
(1) Section 40125(b) of such title is amended 
by 
striking 
‘‘40102(a)(37)’’ 
and 
inserting 
‘‘40102(a)(41)’’. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00830
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
831 
(2) Section 40125(c)(1) of such title is amend-
ed by striking ‘‘40102(a)(37)(E)’’ and inserting 
‘‘40102(a)(41)(E)’’. 
SEC. 1079. COMMUNICATIONS WITH THE COMMITTEES ON 
ARMED SERVICES OF THE SENATE AND THE 
HOUSE OF REPRESENTATIVES. 
(a) REQUESTS OF COMMITTEES.—The Director of 
the National Counterterrorism Center, the Director of a 
national intelligence center, or the head of any element 
of the intelligence community shall, not later than 45 days 
after receiving a written request from the Chair or ranking 
minority member of the Committee on Armed Services of 
the Senate or the Committee on Armed Services of the 
House of Representatives for any existing intelligence as-
sessment, report, estimate, or legal opinion relating to 
matters within the jurisdiction of such Committee, make 
available to such committee such assessment, report, esti-
mate, or legal opinion, as the case may be. 
(b) ASSERTION OF PRIVILEGE.— 
(1) IN GENERAL.—In response to a request cov-
ered by subsection (a), the Director of the National 
Counterterrorism Center, the Director of a national 
intelligence center, or the head of any element of the 
intelligence community shall provide to the Com-
mittee making such request the document or infor-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00831
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
832 
mation covered by such request unless the President 
determines that such document or information shall 
not be provided because the President is asserting a 
privilege pursuant to the Constitution of the United 
States. 
(2) SUBMISSION
TO
CONGRESS.—The White 
House Counsel shall submit to Congress in writing 
any assertion by the President under paragraph (1) 
of a privilege pursuant to the Constitution. 
(c) DEFINITIONS.—In this section: 
(1) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the meaning given the 
term in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 401a(4)). 
(2) INTELLIGENCE
ASSESSMENT.—The term 
‘‘intelligence assessment’’ means an intelligence-re-
lated analytical study of a subject of policy signifi-
cance and does not include building-block papers, re-
search projects, and reference aids. 
(3) INTELLIGENCE ESTIMATE.—The term ‘‘in-
telligence estimate’’ means an appraisal of available 
intelligence relating to a specific situation or condi-
tion with a view to determining the courses of action 
open to an enemy or potential enemy and the prob-
able order of adoption of such courses of action. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00832
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
833 
SEC. 1080. RETENTION OF REIMBURSEMENT FOR PROVI-
SION OF RECIPROCAL FIRE PROTECTION 
SERVICES. 
Section 5 of the Act of May 27, 1955 (chapter 105; 
69 Stat. 67; 42 U.S.C. 1856d) is amended— 
(1) by striking ‘‘Funds’’ and inserting ‘‘(a) 
Funds’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) Notwithstanding the provisions of subsection 
(a), all sums received for any Department of Defense ac-
tivity for fire protection rendered pursuant to this Act 
shall be credited to the appropriation fund or account from 
which the expenses were paid. Amounts so credited shall 
be merged with funds in such appropriation fund or ac-
count and shall be available for the same purposes and 
subject to the same limitations as the funds with which 
the funds are merged.’’. 
SEC. 1081. PILOT PROGRAM ON COMMERCIAL FEE-FOR- 
SERVICE AIR REFUELING SUPPORT FOR THE 
AIR FORCE. 
(a) PILOT PROGRAM REQUIRED.—The Secretary of 
the Air Force shall conduct, as soon as practicable after 
the date of the enactment of this Act, a pilot program 
to assess the feasibility and advisability of utilizing com-
mercial fee-for-service air refueling tanker aircraft for Air 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00833
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
834 
Force operations. The duration of the pilot program shall 
be at least five years after commencement of the program. 
(b) PURPOSE.— 
(1) IN GENERAL.—The pilot program required 
by subsection (a) shall evaluate the feasibility of fee- 
for-service air refueling to support, augment, or en-
hance the air refueling mission of the Air Force by 
utilizing commercial air refueling providers on a fee- 
for-service basis. 
(2) ELEMENTS.—In order to achieve the pur-
pose of the pilot program, the Secretary of the Air 
Force shall— 
(A) demonstrate and validate a comprehen-
sive strategy for air refueling on a fee-for-serv-
ice basis by evaluating all mission areas, includ-
ing testing support, training support to receiv-
ing aircraft, homeland defense support, deploy-
ment support, air bridge support, aeromedical 
evacuation, and emergency air refueling; and 
(B) integrate fee-for-service air refueling 
described in paragraph (1) into Air Mobility 
Command operations during the evaluation and 
execution phases of the pilot program. 
(c) ANNUAL REPORT.—The Secretary of the Air 
Force shall provide to the congressional defense commit-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00834
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
835 
tees an annual report on the fee-for-service air refueling 
program, which includes— 
(1) information with respect to— 
(A) missions flown; 
(B) mission areas supported; 
(C) aircraft number, type, model series 
supported; 
(D) fuel dispensed; 
(E) departure reliability rates; and 
(F) the annual and cumulative cost to the 
Government for the program, including a com-
parison of costs of the same service provided by 
the Air Force; 
(2) an assessment of the impact of outsourcing 
air refueling on the Air Force’s flying hour program 
and aircrew training; and 
(3) any other data that the Secretary deter-
mines is appropriate for evaluating the performance 
of the commercial air refueling providers partici-
pating in the pilot program. 
(d) COMPTROLLER GENERAL REVIEW.—The Comp-
troller General shall submit to the congressional defense 
committees— 
(1) an annual review of the conduct of the pilot 
program under this section and any recommenda-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00835
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
836 
tions of the Comptroller General for improving the 
program; and 
(2) not later than 90 days after the completion 
of the pilot program, a final assessment of the re-
sults of the pilot program and the recommendations 
of the Comptroller General for whether the Sec-
retary of the Air Force should continue to utilize 
fee-for-service air refueling. 
SEC. 1082. ADVISORY PANEL ON DEPARTMENT OF DEFENSE 
CAPABILITIES FOR SUPPORT OF CIVIL AU-
THORITIES AFTER CERTAIN INCIDENTS. 
(a) IN GENERAL.—The Secretary of Defense shall es-
tablish an advisory panel to carry out an assessment of 
the capabilities of the Department of Defense to provide 
support to United States civil authorities in the event of 
a chemical, biological, radiological, nuclear, or high-yield 
explosive (CBRNE) incident. 
(b) PANEL MATTERS.— 
(1) IN GENERAL.—The advisory panel required 
by subsection (a) shall consist of individuals ap-
pointed by the Secretary of Defense (in consultation 
with the chairmen and ranking members of the 
Committees on Armed Services of the Senate and 
the House of Representatives) from among private 
citizens of the United States with expertise in the 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00836
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
837 
legal, operational, and organizational aspects of the 
management of the consequences of a chemical, bio-
logical, radiological, nuclear, or high-yield explosive 
incident. 
(2) DEADLINE FOR APPOINTMENT.—All mem-
bers of the advisory panel shall be appointed under 
this subsection not later than 30 days after the date 
on which the Secretary enters into the contract re-
quired by subsection (c). 
(3) INITIAL
MEETING.—The advisory panel 
shall conduct its first meeting not later than 30 days 
after the date that all appointments to the panel 
have been made under this subsection. 
(4) PROCEDURES.—The advisory panel shall 
carry out its duties under this section under proce-
dures established under subsection (c) by the feder-
ally funded research and development center with 
which the Secretary contracts under that subsection. 
Such procedures shall include procedures for the se-
lection of a chairman of the advisory panel from 
among its members. 
(c) SUPPORT OF FEDERALLY FUNDED RESEARCH 
AND DEVELOPMENT CENTER.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall enter into a contract with a federally funded 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00837
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
838 
research and development center for the provision of 
support and assistance to the advisory panel re-
quired by subsection (a) in carrying out its duties 
under this section. Such support and assistance shall 
include the establishment of the procedures of the 
advisory panel under subsection (b)(4). 
(2) DEADLINE FOR CONTRACT.—The Secretary 
shall enter into the contract required by this sub-
section not later than 60 days after the date of the 
enactment of this Act. 
(d) DUTIES OF PANEL.—The advisory panel required 
by subsection (a) shall— 
(1) evaluate the authorities and capabilities of 
the Department of Defense to conduct operations in 
support to United States civil authorities in the 
event of a chemical, biological, radiological, nuclear, 
or high-yield explosive incident, including the au-
thorities and capabilities of the military depart-
ments, the Defense Agencies, the combatant com-
mands, any supporting commands, and the reserve 
components of the Armed Forces (including the Na-
tional Guard in a Federal and non-Federal status); 
(2) assess the adequacy of existing plans and 
programs of the Department of Defense for training 
and equipping dedicated, special, and general pur-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00838
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
839 
poses forces for conducting operations described in 
paragraph (1) across a broad spectrum of scenarios, 
including current National Planning Scenarios as 
applicable; 
(3) assess policies, directives, and plans of the 
Department of Defense in support of civilian au-
thorities in managing the consequences of a chem-
ical, biological, radiological, nuclear, or high-yield ex-
plosive incident; 
(4) assess the adequacy of policies and struc-
tures of the Department of Defense for coordination 
with other department and agencies of the Federal 
Government, especially the Department of Homeland 
Security, the Department of Energy, the Depart-
ment of Justice, and the Department of Health and 
Human Services, in the provision of support de-
scribed in paragraph (1); 
(5) assess the adequacy and currency of infor-
mation available to the Department of Defense, 
whether directly or through other departments and 
agencies of the Federal Government, from State and 
local governments in circumstances where the De-
partment provides support described in paragraph 
(1) because State and local response capabilities are 
not fully adequate for a comprehensive response; 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00839
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
840 
(6) assess the equipment capabilities and needs 
of the Department of Defense to provide support de-
scribed in paragraph (1); 
(7) develop recommendations for modifying the 
capabilities, plans, policies, equipment, and struc-
tures evaluated or assessed under this subsection in 
order to improve the provision by the Department of 
Defense of the support described in paragraph (1); 
and 
(8) assess and make recommendations on— 
(A) whether there should be any additional 
Weapons of Mass Destruction Civil Support 
Teams, beyond the 55 already authorized and, 
if so, how many additional Civil Support 
Teams, and where they should be located; and 
(B) what criteria and considerations are 
appropriate to determine whether additional 
Civil Support Teams are needed and, if so, 
where they should be located. 
(e) COOPERATION OF OTHER AGENCIES.— 
(1) IN GENERAL.—The advisory panel required 
by subsection (a) may secure directly from the De-
partment of Defense, the Department of Homeland 
Security, the Department of Energy, the Depart-
ment of Justice, the Department of Health and 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00840
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
841 
Human Services, and any other department or agen-
cy of the Federal Government information that the 
panel considers necessary for the panel to carry out 
its duties. 
(2) COOPERATION.—The Secretary of Defense, 
the Secretary of Homeland Secretary, the Secretary 
of Energy, the Attorney General, the Secretary of 
Health and Human Services, and any other official 
of the United States shall provide the advisory panel 
with full and timely cooperation in carrying out its 
duties under this section. 
(f) REPORT.—Not later than 12 months after the 
date of the initial meeting of the advisory panel required 
by subsection (a), the advisory panel shall submit to the 
Secretary of Defense, and to the Committees on Armed 
Services of the Senate and the House of Representatives, 
a report on activities under this section. The report shall 
set forth— 
(1) the findings, conclusions, and recommenda-
tions of the advisory panel for improving the capa-
bilities of the Department of Defense to provide sup-
port to United States civil authorities in the event 
of a chemical, biological, radiological, nuclear, or 
high-yield explosive incident; and 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00841
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
842 
(2) such other findings, conclusions, and rec-
ommendations for improving the capabilities of the 
Department for homeland defense as the advisory 
panel considers appropriate. 
SEC. 1083. TERRORISM EXCEPTION TO IMMUNITY. 
(a) TERRORISM EXCEPTION TO IMMUNITY.— 
(1) IN
GENERAL.—Chapter 97 of title 28, 
United States Code, is amended by inserting after 
section 1605 the following: 
‘‘§ 1605A. Terrorism exception to the jurisdictional 
immunity of a foreign state 
‘‘(a) IN GENERAL.— 
‘‘(1) NO IMMUNITY.—A foreign state shall not 
be immune from the jurisdiction of courts of the 
United States or of the States in any case not other-
wise covered by this chapter in which money dam-
ages are sought against a foreign state for personal 
injury or death that was caused by an act of torture, 
extrajudicial killing, aircraft sabotage, hostage tak-
ing, or the provision of material support or resources 
for such an act if such act or provision of material 
support or resources is engaged in by an official, 
employee, or agent of such foreign state while acting 
within the scope of his or her office, employment, or 
agency. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00842
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
843 
‘‘(2) CLAIM HEARD.—The court shall hear a 
claim under this section if— 
‘‘(A)(i)(I) the foreign state was designated 
as a state sponsor of terrorism at the time the 
act described in paragraph (1) occurred, or was 
so designated as a result of such act, and, sub-
ject to subclause (II), either remains so des-
ignated when the claim is filed under this sec-
tion or was so designated within the 6-month 
period before the claim is filed under this sec-
tion; or 
‘‘(II) in the case of an action that is refiled 
under this section by reason of section 
1083(c)(2)(A) of the National Defense Author-
ization Act for Fiscal Year 2008 or is filed 
under this section by reason of section 
1083(c)(3) of that Act, the foreign state was 
designated as a state sponsor of terrorism when 
the original action or the related action under 
section 1605(a)(7) (as in effect before the en-
actment of this section) or section 589 of the 
Foreign Operations, Export Financing, and Re-
lated Programs Appropriations Act, 1997 (as 
contained in section 101(c) of division A of 
Public Law 104–208) was filed; 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00843
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
844 
‘‘(ii) the claimant or the victim was, at the 
time the act described in paragraph (1) oc-
curred— 
‘‘(I) a national of the United States; 
‘‘(II) a member of the armed forces; 
or 
‘‘(III) otherwise an employee of the 
Government of the United States, or of an 
individual performing a contract awarded 
by the United States Government, acting 
within the scope of the employee’s employ-
ment; and 
‘‘(iii) in a case in which the act occurred 
in the foreign state against which the claim has 
been brought, the claimant has afforded the 
foreign state a reasonable opportunity to arbi-
trate the claim in accordance with the accepted 
international rules of arbitration; or 
‘‘(B) the act described in paragraph (1) is 
related to Case Number 1:00CV03110 (EGS) 
in the United States District Court for the Dis-
trict of Columbia. 
‘‘(b) LIMITATIONS.—An action may be brought or 
maintained under this section if the action is commenced, 
or a related action was commenced under section 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00844
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
845 
1605(a)(7) (before the date of the enactment of this sec-
tion) or section 589 of the Foreign Operations, Export Fi-
nancing, and Related Programs Appropriations Act, 1997 
(as contained in section 101(c) of division A of Public Law 
104–208) not later than the latter of— 
‘‘(1) 10 years after April 24, 1996; or 
‘‘(2) 10 years after the date on which the cause 
of action arose. 
‘‘(c) PRIVATE RIGHT OF ACTION.—A foreign state 
that is or was a state sponsor of terrorism as described 
in subsection (a)(2)(A)(i), and any official, employee, or 
agent of that foreign state while acting within the scope 
of his or her office, employment, or agency, shall be liable 
to— 
‘‘(1) a national of the United States, 
‘‘(2) a member of the armed forces, 
‘‘(3) an employee of the Government of the 
United States, or of an individual performing a con-
tract awarded by the United States Government, 
acting within the scope of the employee’s employ-
ment, or 
‘‘(4) the legal representative of a person de-
scribed in paragraph (1), (2), or (3), 
for personal injury or death caused by acts described in 
subsection (a)(1) of that foreign state, or of an official, 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00845
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
846 
employee, or agent of that foreign state, for which the 
courts of the United States may maintain jurisdiction 
under this section for money damages. In any such action, 
damages may include economic damages, solatium, pain 
and suffering, and punitive damages. In any such action, 
a foreign state shall be vicariously liable for the acts of 
its officials, employees, or agents. 
‘‘(d) ADDITIONAL DAMAGES.—After an action has 
been brought under subsection (c), actions may also be 
brought for reasonably foreseeable property loss, whether 
insured or uninsured, third party liability, and loss claims 
under life and property insurance policies, by reason of 
the same acts on which the action under subsection (c) 
is based. 
‘‘(e) SPECIAL MASTERS.— 
‘‘(1) IN GENERAL.—The courts of the United 
States may appoint special masters to hear damage 
claims brought under this section. 
‘‘(2) TRANSFER
OF
FUNDS.—The Attorney 
General shall transfer, from funds available for the 
program under section 1404C of the Victims of 
Crime Act of 1984 (42 U.S.C. 10603c), to the Ad-
ministrator of the United States district court in 
which any case is pending which has been brought 
or maintained under this section such funds as may 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00846
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
847 
be required to cover the costs of special masters ap-
pointed under paragraph (1). Any amount paid in 
compensation to any such special master shall con-
stitute an item of court costs. 
‘‘(f) APPEAL.—In an action brought under this sec-
tion, appeals from orders not conclusively ending the liti-
gation may only be taken pursuant to section 1292(b) of 
this title. 
‘‘(g) PROPERTY DISPOSITION.— 
‘‘(1) IN GENERAL.—In every action filed in a 
United States district court in which jurisdiction is 
alleged under this section, the filing of a notice of 
pending action pursuant to this section, to which is 
attached a copy of the complaint filed in the action, 
shall have the effect of establishing a lien of lis 
pendens upon any real property or tangible personal 
property that is— 
‘‘(A) subject to attachment in aid of execu-
tion, or execution, under section 1610; 
‘‘(B) located within that judicial district; 
and 
‘‘(C) titled in the name of any defendant, 
or titled in the name of any entity controlled by 
any defendant if such notice contains a state-
ment listing such controlled entity. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00847
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
848 
‘‘(2) NOTICE.—A notice of pending action pur-
suant to this section shall be filed by the clerk of the 
district court in the same manner as any pending 
action and shall be indexed by listing as defendants 
all named defendants and all entities listed as con-
trolled by any defendant. 
‘‘(3) ENFORCEABILITY.—Liens established by 
reason of this subsection shall be enforceable as pro-
vided in chapter 111 of this title. 
‘‘(h) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘aircraft sabotage’ has the mean-
ing given that term in Article 1 of the Convention 
for the Suppression of Unlawful Acts Against the 
Safety of Civil Aviation; 
‘‘(2) the term ‘hostage taking’ has the meaning 
given that term in Article 1 of the International 
Convention Against the Taking of Hostages; 
‘‘(3) the term ‘material support or resources’ 
has the meaning given that term in section 2339A 
of title 18; 
‘‘(4) the term ‘armed forces’ has the meaning 
given that term in section 101 of title 10; 
‘‘(5) the term ‘national of the United States’ 
has the meaning given that term in section 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00848
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
849 
101(a)(22) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(22)); 
‘‘(6) the term ‘state sponsor of terrorism’ 
means a country the government of which the Sec-
retary of State has determined, for purposes of sec-
tion 6(j) of the Export Administration Act of 1979 
(50 U.S.C. App. 2405(j)), section 620A of the For-
eign Assistance Act of 1961 (22 U.S.C. 2371), sec-
tion 40 of the Arms Export Control Act (22 U.S.C. 
2780), or any other provision of law, is a govern-
ment that has repeatedly provided support for acts 
of international terrorism; and 
‘‘(7) the terms ‘torture’ and ‘extrajudicial kill-
ing’ have the meaning given those terms in section 
3 of the Torture Victim Protection Act of 1991 (28 
U.S.C. 1350 note).’’. 
(2) AMENDMENT TO CHAPTER ANALYSIS.—The 
table of sections at the beginning of chapter 97 of 
title 28, United States Code, is amended by insert-
ing after the item relating to section 1605 the fol-
lowing: 
‘‘1605A. Terrorism exception to the jurisdictional immunity of a foreign state.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) GENERAL
EXCEPTION.—Section 1605 of 
title 28, United States Code, is amended— 
(A) in subsection (a)— 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00849
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
850 
(i) in paragraph (5)(B), by inserting 
‘‘or’’ after the semicolon; 
(ii) in paragraph (6)(D), by striking 
‘‘; or’’ and inserting a period; and 
(iii) by striking paragraph (7); 
(B) by repealing subsections (e) and (f); 
and 
(C) in subsection (g)(1)(A), by striking 
‘‘but for subsection (a)(7)’’ and inserting ‘‘but 
for section 1605A’’. 
(2) COUNTERCLAIMS.—Section 1607(a) of title 
28, United States Code, is amended by inserting ‘‘or 
1605A’’ after ‘‘1605’’. 
(3) PROPERTY.—Section 1610 of title 28, 
United States Code, is amended— 
(A) in subsection (a)(7), by striking 
‘‘1605(a)(7)’’ and inserting ‘‘1605A’’; 
(B) in subsection (b)(2), by striking ‘‘(5), 
or (7), or 1605(b)’’ and inserting ‘‘or (5), 
1605(b), or 1605A’’; 
(C) in subsection (f), in paragraphs (1)(A) 
and (2)(A), by inserting ‘‘(as in effect before 
the enactment of section 1605A) or section 
1605A’’ after ‘‘1605(a)(7)’’; and 
(D) by adding at the end the following: 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00850
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
851 
‘‘(g) PROPERTY IN CERTAIN ACTIONS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (3), 
the property of a foreign state against which a judg-
ment is entered under section 1605A, and the prop-
erty of an agency or instrumentality of such a state, 
including property that is a separate juridical entity 
or is an interest held directly or indirectly in a sepa-
rate juridical entity, is subject to attachment in aid 
of execution, and execution, upon that judgment as 
provided in this section, regardless of— 
‘‘(A) the level of economic control over the 
property by the government of the foreign state; 
‘‘(B) whether the profits of the property go 
to that government; 
‘‘(C) the degree to which officials of that 
government manage the property or otherwise 
control its daily affairs; 
‘‘(D) whether that government is the sole 
beneficiary in interest of the property; or 
‘‘(E) whether establishing the property as 
a separate entity would entitle the foreign state 
to benefits in United States courts while avoid-
ing its obligations. 
‘‘(2) UNITED STATES SOVEREIGN IMMUNITY IN-
APPLICABLE.—Any property of a foreign state, or 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00851
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
852 
agency or instrumentality of a foreign state, to 
which paragraph (1) applies shall not be immune 
from attachment in aid of execution, or execution, 
upon a judgment entered under section 1605A be-
cause the property is regulated by the United States 
Government by reason of action taken against that 
foreign state under the Trading With the Enemy 
Act or the International Emergency Economic Pow-
ers Act. 
‘‘(3) THIRD-PARTY
JOINT
PROPERTY
HOLD-
ERS.—Nothing in this subsection shall be construed 
to supersede the authority of a court to prevent ap-
propriately the impairment of an interest held by a 
person who is not liable in the action giving rise to 
a judgment in property subject to attachment in aid 
of execution, or execution, upon such judgment.’’. 
(4) 
VICTIMS
OF
CRIME
ACT.—Section 
1404C(a)(3) of the Victims of Crime Act of 1984 
(42 U.S.C. 10603c(a)(3)) is amended by striking 
‘‘December 21, 1988 with respect to which an inves-
tigation or’’ and inserting ‘‘October 23, 1983, with 
respect to which an investigation or civil or crimi-
nal’’. 
(c) APPLICATION TO PENDING CASES.— 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00852
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
853 
(1) IN GENERAL.—The amendments made by 
this section shall apply to any claim arising under 
section 1605A of title 28, United States Code. 
(2) PRIOR ACTIONS.— 
(A) IN GENERAL.—With respect to any ac-
tion that— 
(i) 
was 
brought 
under 
section 
1605(a)(7) of title 28, United States Code, 
or section 589 of the Foreign Operations, 
Export Financing, and Related Programs 
Appropriations Act, 1997 (as contained in 
section 101(c) of division A of Public Law 
104–208), before the date of the enact-
ment of this Act, 
(ii) relied upon either such provision 
as creating a cause of action, 
(iii) has been adversely affected on the 
grounds that either or both of these provi-
sions fail to create a cause of action 
against the state, and 
(iv) as of such date of enactment, is 
before the courts in any form, including on 
appeal or motion under rule 60(b) of the 
Federal Rules of Civil Procedure, 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00853
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
854 
that action, and any judgment in the action 
shall, on motion made by plaintiffs to the 
United States district court where the action 
was initially brought, or judgment in the action 
was initially entered, be given effect as if the 
action had originally been filed under section 
1605A(c) of title 28, United States Code. 
(B) DEFENSES WAIVED.—The defenses of 
res judicata, collateral estoppel, and limitation 
period are waived— 
(i) in any action with respect to which 
a motion is made under subparagraph (A), 
or 
(ii) in any action that was originally 
brought, before the date of the enactment 
of this Act, under section 1605(a)(7) of 
title 28, United States Code, or section 
589 of the Foreign Operations, Export Fi-
nancing, and Related Programs Appropria-
tions Act, 1997 (as contained in section 
101(c) of division A of Public Law 104– 
208), and is refiled under section 1605A(c) 
of title 28, United States Code, 
to the extent such defenses are based on the 
claim in the action. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00854
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS