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Director of Operational Test and Evaluation the results 
of— 
(1) all operational test and evaluation con-
ducted by the Missile Defense Agency with respect 
to any major defense acquisition program; and 
(2) all studies conducted in connection with 
such operational test and evaluation. 
(b) OT&E OBSERVERS AT MDA TESTS.—The Direc-
tor of Operational Test and Evaluation may require that 
such observers as the Director of Operational Test and 
Evaluation may designate are present during the prepara-
tion for, and the conduct of, the test part of any test and 
evaluation conducted by the Missile Defense Agency with 
respect to any major defense acquisition program. 
(c) OT&E ACCESS TO INFORMATION.—The Director 
of Operational Test and Evaluation shall have access to 
all information of the Department of Defense (including 
information of the Missile Defense Agency) that the Direc-
tor considers necessary to review in order to carry out this 
section. 
SEC. 222. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA-
BILITIES AND FUTURE ROLES AND MISSIONS 
OF MISSILE DEFENSE AGENCY. 
(a) AVAILABILITY OF RDT&E FUNDS FOR FISCAL 
2009.—Upon approval by the Secretary of Defense, funds
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appropriated pursuant to an authorization of appropria-
tions or otherwise made available for fiscal year 2009 for 
research, development, test, and evaluation for the Missile 
Defense Agency— 
(1) may be used for the development and field-
ing of ballistic missile defense capabilities; and 
(2) may not be used for operations and support 
activities. 
(b) BUDGETING
FOR OPERATIONS
AND SUPPORT 
FOR FISCAL 2009.—For fiscal year 2009, any amount in 
the budget submitted to Congress under section 1105(a) 
of title 31, United States Code, for operations and support 
activities for the Missile Defense Agency shall be set forth 
under the account of the Department of Defense for oper-
ation and maintenance, Defense-wide, and, within that ac-
count, under the subaccount (or other budget activity 
level) for the Missile Defense Agency. 
(c) PLAN REQUIRED.—Not later than March 1, 
2008, the Director of the Missile Defense Agency shall 
submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of 
Representatives a plan for transitioning the Missile De-
fense Agency from using research, development, test, and 
evaluation funds for missile defense fielding activities to
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using procurement funds for those activities where prac-
ticable. 
(d) STUDY REQUIRED.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall enter into an agreement with one of the Feder-
ally Funded Research and Development Centers 
under which the Center will carry out a study to ex-
amine, and make recommendations with respect to, 
the long-term structure, roles, and missions of the 
Missile Defense Agency. 
(2) MATTERS INCLUDED.— 
(A) REVIEW.—The study shall include a 
full review of the structure, roles, and missions 
of the Missile Defense Agency. 
(B) ASSESSMENTS.—The study shall in-
clude an examination and assessment of the 
current and future— 
(i) structure, roles, and missions of 
the Missile Defense Agency; and 
(ii) relationship of the Missile Defense 
Agency with— 
(I) the Office of the Under Sec-
retary of Defense for Acquisition, 
Technology, and Logistics;
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(II) the Office of the Under Sec-
retary of Defense for Policy; 
(III) the Director of Operational 
Test and Evaluation; 
(IV) the Commander of the 
United States Strategic Command 
and other combatant commanders; 
and 
(V) the military departments. 
(C) RECOMMENDATIONS.—The study shall 
include recommendations as to how the Missile 
Defense Agency can be made more effective to 
support the needs of the warfighter. The rec-
ommendations 
shall 
include 
specific 
rec-
ommendations as to whether— 
(i) the Missile Defense Agency should 
be maintained in its current configuration; 
(ii) the scope and nature of the Mis-
sile Defense Agency should be changed 
from an organization focused on research 
and development to an organization fo-
cused on combat support; and 
(iii) the Missile Defense Agency 
should be abolished and its responsibilities
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transferred to the United States Strategic 
Command and the military departments. 
(3) COOPERATION
FROM
GOVERNMENT.—In 
carrying out the study, the Federally Funded Re-
search and Development Center shall receive the full 
and timely cooperation of the Secretary of Defense 
and any other United States Government official in 
providing the Center with analyses, briefings, and 
other information necessary for the fulfillment of its 
responsibilities. 
(4) REPORT.—Not later than September 1, 
2008, the Federally Funded Research and Develop-
ment Center shall submit to the Committees on 
Armed Services of the Senate and House of Rep-
resentatives a report on its findings, conclusions, 
and recommendations. 
(5) FUNDING.—Funds for the study shall be 
provided from amounts appropriated for the Depart-
ment of Defense. 
(e) CLARIFICATION.—Subsection (a)(2) does not pro-
hibit the use of such funds to place developmental missile 
defense systems on operational alert to respond to an im-
mediate threat posed by ballistic missiles.