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States Code, is repealed.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.
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
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
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-
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
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
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
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.
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
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
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.’’.
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.
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
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-
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-
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
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
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-
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;
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
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
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.
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;
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
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.
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
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)—
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:
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
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.—
855 
(C) TIME LIMITATIONS.—A motion may be 
made or an action may be refiled under sub-
paragraph (A) only— 
(i) if the original action was com-
menced not later than the latter of— 
(I) 10 years after April 24, 1996; 
or 
(II) 10 years after the cause of 
action arose; and 
(ii) within the 60-day period begin-
ning on the date of the enactment of this 
Act. 
(3) RELATED ACTIONS.—If an action arising 
out of an act or incident has been timely commenced 
under section 1605(a)(7) of title 28, United States 
Code, or section 589 of the Foreign Operations, Ex-
port Financing, and Related Programs Appropria-
tions Act, 1997 (as contained in section 101(c) of 
division A of Public Law 104–208), any other action 
arising out of the same act or incident may be 
brought under section 1605A of title 28, United 
States Code, if the action is commenced not later 
than the latter of 60 days after— 
(A) the date of the entry of judgment in 
the original action; or
856 
(B) the date of the enactment of this Act. 
(4) PRESERVING
THE
JURISDICTION
OF
THE 
COURTS.—Nothing in section 1503 of the Emer-
gency Wartime Supplemental Appropriations Act, 
2003 (Public Law 108–11, 117 Stat. 579) has ever 
authorized, directly or indirectly, the making inappli-
cable of any provision of chapter 97 of title 28, 
United States Code, or the removal of the jurisdic-
tion of any court of the United States. 
(d) APPLICABILITY TO IRAQ.— 
(1) APPLICABILITY.—The President may waive 
any provision of this section with respect to Iraq, in-
sofar as that provision may, in the President’s deter-
mination, affect Iraq or any agency or instrumen-
tality thereof, if the President determines that— 
(A) the waiver is in the national security 
interest of the United States; 
(B) the waiver will promote the reconstruc-
tion of, the consolidation of democracy in, and 
the relations of the United States with, Iraq; 
and 
(C) Iraq continues to be a reliable ally of 
the United States and partner in combating 
acts of international terrorism.
857 
(2) TEMPORAL
SCOPE.—The authority under 
paragraph (1) shall apply— 
(A) with respect to any conduct or event 
occurring before or on the date of the enact-
ment of this Act; 
(B) with respect to any conduct or event 
occurring before or on the date of the exercise 
of that authority; and 
(C) regardless of whether, or the extent to 
which, the exercise of that authority affects any 
action filed before, on, or after the date of the 
exercise of that authority or of the enactment 
of this Act. 
(3) NOTIFICATION TO CONGRESS.—A waiver by 
the President under paragraph (1) shall cease to be 
effective 30 days after it is made unless the Presi-
dent has notified Congress in writing of the basis for 
the waiver as determined by the President under 
paragraph (1). 
(4) SENSE OF CONGRESS.—It is the sense of 
the Congress that the President, acting through the 
Secretary of State, should work with the Govern-
ment of Iraq on a state-to-state basis to ensure com-
pensation for any meritorious claims based on ter-
rorist acts committed by the Saddam Hussein re-
858 
gime against individuals who were United States na-
tionals or members of the United States Armed 
Forces at the time of those terrorist acts and whose 
claims cannot be addressed in courts in the United 
States due to the exercise of the waiver authority 
under paragraph (1). 
(e) SEVERABILITY.—If any provision of this section 
or the amendments made by this section, or the applica-
tion of such provision to any person or circumstance, is 
held invalid, the remainder of this section and such 
amendments, and the application of such provision to 
other persons not similarly situated or to other cir-
cumstances, shall not be affected by such invalidation. 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Sec. 1101. Extension of authority to waive annual limitation on total compensa-
tion paid to Federal civilian employees working overseas under 
areas of United States Central Command. 
Sec. 1102. Continuation of life insurance coverage for Federal employees called 
to active duty. 
Sec. 1103. Transportation of dependents, household effects, and personal prop-
erty to former home following death of Federal employee where 
death resulted from disease or injury incurred in the Central 
Command area of responsibility. 
Sec. 1104. Special benefits for civilian employees assigned on deployment tem-
porary change of station. 
Sec. 1105. Death gratuity authorized for Federal employees. 
Sec. 1106. Modifications to the National Security Personnel System. 
Sec. 1107. Requirement for full implementation of personnel demonstration 
project. 
Sec. 1108. Authority for inclusion of certain Office of Defense Research and 
Engineering positions in experimental personnel program for 
scientific and technical personnel. 
Sec. 1109. Pilot program for the temporary assignment of information tech-
nology personnel to private sector organizations. 
Sec. 1110. Compensation for Federal wage system employees for certain travel 
hours.
859 
Sec. 1111. Travel compensation for wage grade personnel. 
Sec. 1112. Accumulation of annual leave by senior level employees. 
Sec. 1113. Uniform allowances for civilian employees. 
Sec. 1114. Flexibility in setting pay for employees who move from a Depart-
ment of Defense or Coast Guard nonappropriated fund instru-
mentality position to a position in the General Schedule pay 
system. 
Sec. 1115. Retirement service credit for service as cadet or midshipman at a 
military service academy. 
Sec. 1116. Authorization for increased compensation for faculty and staff of the 
Uniformed Services University of the Health Sciences. 
Sec. 1117. Report on establishment of a scholarship program for civilian mental 
health professionals. 
SEC. 1101. EXTENSION OF AUTHORITY TO WAIVE ANNUAL 
LIMITATION ON TOTAL COMPENSATION PAID 
TO FEDERAL CIVILIAN EMPLOYEES WORKING 
OVERSEAS UNDER AREAS OF UNITED STATES 
CENTRAL COMMAND. 
(a) EXTENSION.—Section 1105 of the National De-
fense Authorization Act for Fiscal Year 2006 (Public Law 
109–163; 119 Stat. 3450), as amended by section 1105 
of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 
2409), is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘and 2007’’ and inserting 
‘‘, 2007, and 2008’’; and 
(B) by striking ‘‘Code).’’ and inserting 
‘‘Code) or, during 2008, a military operation 
(including a contingency operation, as so de-
fined) or an operation in response to an emer-
gency declared by the President.’’; and
860 
(2) in subsection (b), by striking ‘‘2007.’’ and 
inserting ‘‘2007 or 2008.’’. 
(b) RETROACTIVE EFFECTIVE DATE.—The amend-
ments made by subsection (a) shall take effect as of De-
cember 31, 2007. 
SEC. 1102. CONTINUATION OF LIFE INSURANCE COVERAGE 
FOR FEDERAL EMPLOYEES CALLED TO AC-
TIVE DUTY. 
Section 8706 of title 5, United States Code, is 
amended— 
(1) by redesignating subsections (d) through (g) 
as subsections (e) through (h), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d)(1) An employee who enters on approved leave 
without pay in the circumstances described in paragraph 
(2) may elect to have such employee’s life insurance con-
tinue (beyond the end of the 12 months of coverage pro-
vided for under subsection (a)) for an additional 12 
months and arrange to pay currently into the Employees’ 
Life Insurance Fund, through such employee’s employing 
agency, both employee and agency contributions, from the 
beginning of that additional 12 months of coverage. The 
employing agency shall forward the premium payments to 
the Fund. If the employee does not so elect, such employ-
861 
ee’s insurance will continue during nonpay status and stop 
as provided by subsection (a). An individual making an 
election under this subsection may cancel that election at 
any time, in which case such employee’s insurance will 
stop as provided by subsection (a) or upon receipt of notice 
of cancellation, whichever is later. 
‘‘(2) This subsection applies in the case of any em-
ployee who— 
‘‘(A) is a member of a reserve component of the 
armed forces called or ordered to active duty under 
a call or order that does not specify a period of 30 
days or less; and 
‘‘(B) enters on approved leave without pay to 
perform active duty pursuant to such call or order.’’. 
SEC. 1103. TRANSPORTATION OF DEPENDENTS, HOUSE-
HOLD EFFECTS, AND PERSONAL PROPERTY 
TO FORMER HOME FOLLOWING DEATH OF 
FEDERAL EMPLOYEE WHERE DEATH RE-
SULTED 
FROM 
DISEASE 
OR 
INJURY 
IN-
CURRED IN THE CENTRAL COMMAND AREA 
OF RESPONSIBILITY. 
(a) IN GENERAL.—Paragraph (2) of section 5742(b) 
of title 5, United States Code, is amended to read as fol-
lows:
862 
‘‘(2) the expense of transporting his depend-
ents, including expenses of packing, crating, draying, 
and transporting household effects and other per-
sonal property to his former home or such other 
place as is determined by the head of the agency 
concerned, if— 
‘‘(A) the employee died while performing 
official duties outside the continental United 
States or in transit thereto or therefrom; or 
‘‘(B) in the case of an employee who was 
a party to a mandatory mobility agreement that 
was in effect when the employee died— 
‘‘(i) the employee died in the cir-
cumstances described in subparagraph (A); 
or 
‘‘(ii)(I) the employee died as a result 
of disease or injury incurred while per-
forming official duties— 
‘‘(aa) in an overseas location 
that, at the time such employee was 
performing such official duties, was 
within the area of responsibility of the 
Commander of the United States Cen-
tral Command; and
863 
‘‘(bb) in direct support of or di-
rectly related to a military operation, 
including a contingency operation (as 
defined in section 101(13) of title 10) 
or an operation in response to an 
emergency declared by the President; 
and 
‘‘(II) the employee’s dependents were 
residing either outside the continental 
United States or within the continental 
United States when the employee died; 
and’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to deaths occurring 
on or after the date of the enactment of this Act. 
SEC. 1104. SPECIAL BENEFITS FOR CIVILIAN EMPLOYEES 
ASSIGNED 
ON 
DEPLOYMENT 
TEMPORARY 
CHANGE OF STATION. 
(a) AUTHORITY.—Subchapter II of chapter 57 of title 
5, United States Code, is amended by inserting after sec-
tion 5737 the following: 
‘‘§ 5737a. Employees temporarily deployed in contin-
gency operations 
‘‘(a) DEFINITIONS.—For purposes of this section—
864 
‘‘(1) the term ‘covered employee’ means an indi-
vidual who— 
‘‘(A) is an employee of an Executive agen-
cy or a military department, excluding a Gov-
ernment controlled corporation; and 
‘‘(B) is assigned on a temporary change of 
station in support of a contingency operation; 
‘‘(2) the term ‘temporary change of station’, as 
used with respect to an employee, means an assign-
ment— 
‘‘(A) from the employee’s official duty sta-
tion to a temporary duty station; and 
‘‘(B) for which such employee is eligible for 
expenses under section 5737; and 
‘‘(3) the term ‘contingency operation’ has the 
meaning given such term by section 1482a(c) of title 
10. 
‘‘(b) QUARTERS
AND RATIONS.—The head of an 
agency may provide quarters and rations, without charge, 
to any covered employee of such agency during the period 
of such employee’s temporary assignment (as described in 
subsection (a)(1)(B)). 
‘‘(c) STORAGE OF MOTOR VEHICLE.—The head of an 
agency may provide for the storage, without charge, or 
for the reimbursement of the cost of storage, of a motor
865 
vehicle that is owned or leased by a covered employee of 
such agency (or by a dependent of such an employee) and 
that is for the personal use of the covered employee. This 
subsection shall apply— 
‘‘(1) with respect to storage during the period 
of the employee’s temporary assignment (as de-
scribed in subsection (a)(1)(B)); and 
‘‘(2) in the case of a covered employee, with re-
spect to not more than one motor vehicle as of any 
given time. 
‘‘(d) RELATIONSHIP
TO OTHER BENEFITS.—Any 
benefits under this section shall be in addition to (and not 
in lieu of) any other benefits for which the covered em-
ployee is otherwise eligible.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 57 of such title is amended by inserting after 
the item relating to section 5737 the following: 
‘‘5737a. Employees temporarily deployed in contingency operations.’’. 
SEC. 1105. DEATH GRATUITY AUTHORIZED FOR FEDERAL 
EMPLOYEES. 
(a) DEATH GRATUITY AUTHORIZED.—Chapter 81 of 
title 5, United States Code, is amended by inserting after 
section 8102 the following:
866 
‘‘§ 8102a. Death gratuity for injuries incurred in con-
nection with employee’s service with an 
Armed Force 
‘‘(a) DEATH GRATUITY AUTHORIZED.—The United 
States shall pay a death gratuity of up to $100,000 to 
or for the survivor prescribed by subsection (d) imme-
diately upon receiving official notification of the death of 
an employee who dies of injuries incurred in connection 
with the employee’s service with an Armed Force in a con-
tingency operation. 
‘‘(b) RETROACTIVE PAYMENT IN CERTAIN CASES.— 
At the discretion of the Secretary concerned, subsection 
(a) may apply in the case of an employee who died, on 
or after October 7, 2001, and before the date of enactment 
of this section, as a result of injuries incurred in connec-
tion with the employee’s service with an Armed Force in 
the theater of operations of Operation Enduring Freedom 
or Operation Iraqi Freedom. 
‘‘(c) RELATIONSHIP
TO OTHER BENEFITS.—The 
death gratuity payable under this section shall be reduced 
by the amount of any death gratuity provided under sec-
tion 413 of the Foreign Service Act of 1980, section 1603 
of the Emergency Supplemental Appropriations Act for 
Defense, the Global War on Terror, and Hurricane Recov-
ery, 2006, or any other law of the United States based 
on the same death.
867 
‘‘(d) ELIGIBLE SURVIVORS.— 
‘‘(1) Subject to paragraph (5), a death gratuity 
payable upon the death of a person covered by sub-
section (a) shall be paid to or for the living survivor 
highest on the following list: 
‘‘(A) The employee’s surviving spouse. 
‘‘(B) The employee’s children, as pre-
scribed by paragraph (2), in equal shares. 
‘‘(C) If designated by the employee, any 
one or more of the following persons: 
‘‘(i) The employee’s parents or per-
sons in loco parentis, as prescribed by 
paragraph (3). 
‘‘(ii) The employee’s brothers. 
‘‘(iii) The employee’s sisters. 
‘‘(D) The employee’s parents or persons in 
loco parentis, as prescribed by paragraph (3), 
in equal shares. 
‘‘(E) The employee’s brothers and sisters 
in equal shares. 
Subparagraphs (C) and (E) of this paragraph in-
clude brothers and sisters of the half blood and 
those through adoption. 
‘‘(2) Paragraph (1)(B) applies, without regard 
to age or marital status, to—
868 
‘‘(A) legitimate children; 
‘‘(B) adopted children; 
‘‘(C) stepchildren who were a part of the 
decedent’s household at the time of death; 
‘‘(D) illegitimate children of a female dece-
dent; and 
‘‘(E) illegitimate children of a male dece-
dent— 
‘‘(i) who have been acknowledged in 
writing signed by the decedent; 
‘‘(ii) who have been judicially deter-
mined, before the decedent’s death, to be 
his children; 
‘‘(iii) who have been otherwise proved, 
by evidence satisfactory to the employing 
agency, to be children of the decedent; or 
‘‘(iv) to whose support the decedent 
had been judicially ordered to contribute. 
‘‘(3) Subparagraphs (C) and (D) of paragraph 
(1), so far as they apply to parents and persons in 
loco parentis, include fathers and mothers through 
adoption, and persons who stood in loco parentis to 
the decedent for a period of not less than one year 
at any time before the decedent became an em-
ployee. However, only one father and one mother, or
869 
their counterparts in loco parentis, may be recog-
nized in any case, and preference shall be given to 
those who exercised a parental relationship on the 
date, or most nearly before the date, on which the 
decedent became an employee. 
‘‘(4) Beginning on the date of the enactment of 
this paragraph, a person covered by this section may 
designate another person to receive not more than 
50 percent of the amount payable under this section. 
The designation shall indicate the percentage of the 
amount, to be specified only in 10 percent incre-
ments up to the maximum of 50 percent, that the 
designated person may receive. The balance of the 
amount of the death gratuity shall be paid to or for 
the living survivors of the person concerned in ac-
cordance with subparagraphs (A) through (E) of 
paragraph (1). 
‘‘(5) If a person entitled to all or a portion of 
a death gratuity under paragraph (1) or (4) dies be-
fore the person receives the death gratuity, it shall 
be paid to the living survivor next in the order pre-
scribed by paragraph (1). 
‘‘(e) DEFINITIONS.—(1) The term ‘contingency oper-
ation’ has the meaning given to that term in section 
1482a(c) of title 10, United States Code.
870 
‘‘(2) The term ‘employee’ has the meaning provided 
in section 8101 of this title, but also includes a non-
appropriated fund instrumentality employee, as defined in 
section 1587(a)(1) of title 10.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 81 of such title is amended 
by inserting after the item relating to section 8102 the 
following: 
‘‘8102a. Death gratuity for injuries incurred in connection with employee’s serv-
ice with an Armed Force.’’. 
SEC. 1106. MODIFICATIONS TO THE NATIONAL SECURITY 
PERSONNEL SYSTEM. 
(a) IN GENERAL.—Section 9902 of title 5, United 
States Code, is amended to read as follows: 
‘‘§ 9902. Establishment of human resources manage-
ment system 
‘‘(a) IN GENERAL.—The Secretary may, in regula-
tions prescribed jointly with the Director, establish, and 
from time to time adjust, a human resources management 
system for some or all of the organizational or functional 
units of the Department of Defense. The human resources 
management system established under authority of this 
section shall be referred to as the ‘National Security Per-
sonnel System’. 
‘‘(b) SYSTEM REQUIREMENTS.—Any system estab-
lished under subsection (a) shall—
871 
‘‘(1) be flexible; 
‘‘(2) be contemporary; 
‘‘(3) not waive, modify, or otherwise affect— 
‘‘(A) the public employment principles of 
merit and fitness set forth in section 2301, in-
cluding the principles of hiring based on merit, 
fair treatment without regard to political affili-
ation or other nonmerit considerations, equal 
pay for equal work, and protection of employees 
against reprisal for whistleblowing; 
‘‘(B) any provision of section 2302, relat-
ing to prohibited personnel practices; 
‘‘(C)(i) any provision of law referred to in 
section 2302(b)(1), (8), and (9); or 
‘‘(ii) any provision of law implementing 
any provision of law referred to in section 
2302(b)(1), (8), and (9) by— 
‘‘(I) providing for equal employment 
opportunity through affirmative action; or 
‘‘(II) providing any right or remedy 
available to any employee or applicant for 
employment in the public service; 
‘‘(D) any other provision of this part (as 
described in subsection (d)); or
884 
other retirement system for employees of the 
Federal Government; 
‘‘(B) an employee having a disability on 
the basis of which such employee is or would be 
eligible for disability retirement under any of 
the retirement systems referred to in subpara-
graph (A); or 
‘‘(C) for purposes of eligibility for separa-
tion incentives under this section, an employee 
who is in receipt of a decision notice of involun-
tary separation for misconduct or unacceptable 
performance. 
‘‘(4) An employee who is at least 50 years of 
age and has completed 20 years of service, or has 
at least 25 years of service, may, pursuant to regula-
tions promulgated under this section, apply and be 
retired from the Department of Defense and receive 
benefits in accordance with chapter 83 or 84 if the 
employee has been employed continuously within the 
Department of Defense for more than 30 days be-
fore the date on which the determination to conduct 
a reduction or restructuring within 1 or more De-
partment of Defense components is approved.