131 
ployees engaged in the performance of the 
activity or function for which the public- 
private competition is conducted in a pro-
test under this subchapter that relates to 
such public-private competition, has been 
designated as the agent of the Federal em-
ployees by a majority of such employees.’’. 
(b) EXPEDITED ACTION.— 
(1) IN GENERAL.—Subchapter V of chapter 35 
of such title is amended by adding at the end the 
following new section: 
‘‘§ 3557. Expedited action in protests of Public-Pri-
vate competitions 
‘‘For any protest of a public-private competition con-
ducted under Office of Management and Budget Circular 
A–76 with respect to the performance of an activity or 
function of a Federal agency, the Comptroller General 
shall administer the provisions of this subchapter in the 
manner best suited for expediting the final resolution of 
the protest and the final action in the public-private com-
petition.’’. 
(2) CLERICAL AMENDMENT.—The chapter anal-
ysis at the beginning of such chapter is amended by 
inserting after the item relating to section 3556 the 
following new item: 
‘‘3557. Expedited action in protests of public-private competitions.’’. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6211
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
132 
(c) RIGHT TO INTERVENE IN CIVIL ACTION.—Sec-
tion 1491(b) of title 28, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(5) If an interested party who is a member of the 
private sector commences an action described in para-
graph (1) with respect to a public-private competition con-
ducted under Office of Management and Budget Circular 
A–76 regarding the performance of an activity or function 
of a Federal agency, or a decision to convert a function 
performed by Federal employees to private sector perform-
ance without a competition under Office of Management 
and Budget Circular A–76, then an interested party de-
scribed in section 3551(2)(B) of title 31 shall be entitled 
to intervene in that action.’’. 
(d) APPLICABILITY.—Subparagraph (B) of section 
3551(2) of title 31, United States Code (as added by sub-
section (a)), and paragraph (5) of section 1491(b) of title 
28, United States Code (as added by subsection (c)), shall 
apply to— 
(1) a protest or civil action that challenges final 
selection of the source of performance of an activity 
or function of a Federal agency that is made pursu-
ant to a study initiated under Office of Management 
and Budget Circular A–76 on or after January 1, 
2004; and 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
133 
(2) any other protest or civil action that relates 
to a public-private competition initiated under Office 
of Management and Budget Circular A–76, or to a 
decision to convert a function performed by Federal 
employees to private sector performance without a 
competition under Office of Management and Budg-
et Circular A–76, on or after the date of the enact-
ment of this Act. 
SEC. 327. PUBLIC-PRIVATE COMPETITION REQUIRED BE-
FORE CONVERSION TO CONTRACTOR PER-
FORMANCE. 
(a) IN GENERAL.—The Office of Federal Procure-
ment Policy Act (41 U.S.C. 403 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 43. PUBLIC-PRIVATE COMPETITION REQUIRED BE-
FORE CONVERSION TO CONTRACTOR PER-
FORMANCE. 
‘‘(a) PUBLIC-PRIVATE COMPETITION.—(1) A func-
tion of an executive agency performed by 10 or more agen-
cy civilian employees may not be converted, in whole or 
in part, to performance by a contractor unless the conver-
sion is based on the results of a public-private competition 
that— 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
134 
‘‘(A) formally compares the cost of performance 
of the function by agency civilian employees with the 
cost of performance by a contractor; 
‘‘(B) creates an agency tender, including a most 
efficient organization plan, in accordance with Office 
of Management and Budget Circular A–76, as im-
plemented on May 29, 2003, or any successor cir-
cular; 
‘‘(C) includes the issuance of a solicitation; 
‘‘(D) determines whether the submitted offers 
meet the needs of the executive agency with respect 
to factors other than cost, including quality, reli-
ability, and timeliness; 
‘‘(E) examines the cost of performance of the 
function by agency civilian employees and the cost of 
performance of the function by one or more contrac-
tors to demonstrate whether converting to perform-
ance by a contractor will result in savings to the 
Government over the life of the contract, including— 
‘‘(i) the estimated cost to the Government 
(based on offers received) for performance of 
the function by a contractor; 
‘‘(ii) the estimated cost to the Government 
for performance of the function by agency civil-
ian employees; and 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
135 
‘‘(iii) an estimate of all other costs and ex-
penditures that the Government would incur be-
cause of the award of such a contract; 
‘‘(F) requires continued performance of the 
function by agency civilian employees unless the dif-
ference in the cost of performance of the function by 
a contractor compared to the cost of performance of 
the function by agency civilian employees would, 
over all performance periods required by the solicita-
tion, be equal to or exceed the lesser of— 
‘‘(i) 10 percent of the personnel-related 
costs for performance of that function in the 
agency tender; or 
‘‘(ii) $10,000,000; and 
‘‘(G) examines the effect of performance of the 
function by a contractor on the agency mission asso-
ciated with the performance of the function. 
‘‘(2) A function that is performed by the executive 
agency and is reengineered, reorganized, modernized, up-
graded, expanded, or changed to become more efficient, 
but still essentially provides the same service, shall not be 
considered a new requirement. 
‘‘(3) In no case may a function being performed by 
executive agency personnel be— 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
136 
‘‘(A) modified, reorganized, divided, or in any 
way changed for the purpose of exempting the con-
version of the function from the requirements of this 
section; or 
‘‘(B) converted to performance by a contractor 
to circumvent a civilian personnel ceiling. 
‘‘(b) REQUIREMENT TO CONSULT EMPLOYEES.—(1) 
Each civilian employee of an executive agency responsible 
for determining under Office of Management and Budget 
Circular A–76 whether to convert to contractor perform-
ance any function of the executive agency— 
‘‘(A) shall, at least monthly during the develop-
ment and preparation of the performance work 
statement and the management efficiency study used 
in making that determination, consult with civilian 
employees who will be affected by that determination 
and consider the views of such employees on the de-
velopment and preparation of that statement and 
that study; and 
‘‘(B) may consult with such employees on other 
matters relating to that determination. 
‘‘(2)(A) In the case of employees represented by a 
labor organization accorded exclusive recognition under 
section 7111 of title 5, United States Code, consultation 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
137 
with representatives of that labor organization shall sat-
isfy the consultation requirement in paragraph (1). 
‘‘(B) In the case of employees other than employees 
referred to in subparagraph (A), consultation with appro-
priate representatives of those employees shall satisfy the 
consultation requirement in paragraph (1). 
‘‘(C) The head of each executive agency shall pre-
scribe regulations to carry out this subsection. The regula-
tions shall include provisions for the selection or designa-
tion of appropriate representatives of employees referred 
to in paragraph (2)(B) for purposes of consultation re-
quired by paragraph (1). 
‘‘(c) CONGRESSIONAL NOTIFICATION.—(1) Before 
commencing a public-private competition under subsection 
(a), the head of an executive agency shall submit to Con-
gress a report containing the following: 
‘‘(A) The function for which such public-private 
competition is to be conducted. 
‘‘(B) The location at which the function is per-
formed by agency civilian employees. 
‘‘(C) The number of agency civilian employee 
positions potentially affected. 
‘‘(D) The anticipated length and cost of the 
public-private competition, and a specific identifica-
tion of the budgetary line item from which funds will 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
138 
be used to cover the cost of the public-private com-
petition. 
‘‘(E) A certification that a proposed perform-
ance of the function by a contractor is not a result 
of a decision by an official of an executive agency to 
impose predetermined constraints or limitations on 
such employees in terms of man years, end 
strengths, full-time equivalent positions, or max-
imum number of employees. 
‘‘(2) The report required under paragraph (1) shall 
include an examination of the potential economic effect of 
performance of the function by a contractor on— 
‘‘(A) agency civilian employees who would be af-
fected by such a conversion in performance; and 
‘‘(B) the local community and the Government, 
if more than 50 agency civilian employees perform 
the function. 
‘‘(3)(A) A representative individual or entity at a fa-
cility where a public-private competition is conducted may 
submit to the head of the executive agency an objection 
to the public-private competition on the grounds that the 
report required by paragraph (1) has not been submitted 
or that the certification required by paragraph (1)(E) is 
not included in the report submitted as a condition for 
the public-private competition. The objection shall be in 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
139 
writing and shall be submitted within 90 days after the 
following date: 
‘‘(i) In the case of a failure to submit the report 
when required, the date on which the representative 
individual or an official of the representative entity 
authorized to pose the objection first knew or should 
have known of that failure. 
‘‘(ii) In the case of a failure to include the cer-
tification in a submitted report, the date on which 
the report was submitted to Congress. 
‘‘(B) If the head of the executive agency determines 
that the report required by paragraph (1) was not sub-
mitted or that the required certification was not included 
in the submitted report, the function for which the public- 
private competition was conducted for which the objection 
was submitted may not be the subject of a solicitation of 
offers for, or award of, a contract until, respectively, the 
report is submitted or a report containing the certification 
in full compliance with the certification requirement is 
submitted. 
‘‘(d) EXEMPTION FOR THE PURCHASE OF PRODUCTS 
AND SERVICES OF THE BLIND AND OTHER SEVERELY 
HANDICAPPED PERSONS.—This section shall not apply to 
a commercial or industrial type function of an executive 
agency that— 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
140 
‘‘(1) is included on the procurement list estab-
lished pursuant to section 2 of the Javits-Wagner- 
O’Day Act (41 U.S.C. 47); or 
‘‘(2) is planned to be changed to performance 
by a qualified nonprofit agency for the blind or by 
a qualified nonprofit agency for other severely handi-
capped persons in accordance with that Act. 
‘‘(e) INAPPLICABILITY DURING WAR
OR EMER-
GENCY.—The provisions of this section shall not apply 
during war or during a period of national emergency de-
clared by the President or Congress.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
in section 1(b) of such Act is amended by adding at the 
end the following new item: 
‘‘Sec. 43. Public-private competition required before conversion to contractor 
performance.’’. 
SEC. 328. EXTENSION OF AUTHORITY FOR ARMY INDUS-
TRIAL FACILITIES TO ENGAGE IN COOPERA-
TIVE ACTIVITIES WITH NON-ARMY ENTITIES. 
(a) EXTENSION OF AUTHORITY.—Section 4544 of 
title 10, United States Code, is amended— 
(1) in subsection (a), by adding at the end the 
following: ‘‘This authority may be used to enter into 
not more than eight contracts or cooperative agree-
ments.’’; and 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
141 
(2) in subsection (k), by striking ‘‘2009’’ and 
inserting ‘‘2014’’. 
(b) REPORTS.— 
(1) ANNUAL REPORT ON USE OF AUTHORITY.— 
The Secretary of the Army shall submit to Congress 
at the same time the budget of the President is sub-
mitted to Congress for fiscal years 2009 through 
2016 under section 1105 of title 31, United States 
Code, a report on the use of the authority provided 
under section 4544 of title 10, United States Code. 
(2) ANALYSIS
OF
USE
OF
AUTHORITY.—Not 
later than September 30, 2012, the Secretary of the 
Army shall submit to the congressional defense com-
mittees a report assessing the advisability of making 
such authority permanent and eliminating the limi-
tation on the number of contracts or cooperative ar-
rangements that may be entered into pursuant to 
such authority. 
SEC. 329. REAUTHORIZATION AND MODIFICATION OF 
MULTI-TRADES DEMONSTRATION PROJECT. 
(a) REAUTHORIZATION
AND EXPANSION.—Section 
338 of the National Defense Authorization Act for Fiscal 
Year 2004 (Public Law 108–136; 10 U.S.C. 5013 note) 
is amended— 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
142 
(1) by striking subsection (a) and inserting the 
following new subsection (a): 
‘‘(a) DEMONSTRATION PROJECT AUTHORIZED.—In 
accordance with section 4703 of title 5, United States 
Code, the Secretary of a military department may carry 
out a demonstration project under which workers who are 
certified at the journey level as able to perform multiple 
trades may be promoted by one grade level. A demonstra-
tion project under this subsection may be carried out as 
follows: 
‘‘(1) In the case of the Secretary of the Army, 
at one Army depot. 
‘‘(2) In the case of the Secretary of the Navy, 
at one Navy Fleet Readiness Center. 
‘‘(3) In the case of the Secretary of the Air 
Force, at one Air Force Logistics Center.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘a Naval Aviation Depot’’ 
and inserting ‘‘an Air Force Air Logistics Cen-
ter, Navy Fleet Readiness Center, or Army 
depot’’; and 
(B) by striking ‘‘Secretary’’ and inserting 
‘‘Secretary of the military department con-
cerned’’; 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
143 
(3) by striking subsection (d) and redesignating 
subsections (e) through (g) as subsections (d) 
through (f), respectively; 
(4) in subsection (d), as so redesignated, by 
striking ‘‘2004 through 2006’’ and inserting ‘‘2008 
through 2013’’; 
(5) in subsection (e), as so redesignated— 
(A) by striking ‘‘2007’’ and inserting 
‘‘2014’’; 
(B) by inserting after ‘‘Secretary’’ the fol-
lowing ‘‘of each military department that car-
ried out a demonstration project under this sec-
tion’’; and 
(C) by adding at the end the following new 
sentence: ‘‘Each such report shall include the 
Secretary’s recommendation on whether perma-
nent multi-trade authority should be author-
ized.’’; and 
(6) in subsection (f), as so redesignated— 
(A) in the first sentence, by striking ‘‘The 
Secretary’’ and inserting ‘‘Each Secretary who 
submits a report under subsection (e)’’; and 
(B) in the second sentence— 
(i) by striking ‘‘receiving the report’’ 
and inserting ‘‘receiving a report’’; and 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
144 
(ii) by striking ‘‘evaluation of the re-
port’’ and inserting ‘‘evaluation of that re-
port’’. 
(b) CLERICAL AMENDMENT.—The heading for such 
section is amended to read as follows: 
‘‘SEC. 338. MULTI-TRADES DEMONSTRATION PROJECT.’’. 
SEC. 330. PILOT PROGRAM FOR AVAILABILITY OF WORK-
ING-CAPITAL FUNDS TO ARMY FOR CERTAIN 
PRODUCT IMPROVEMENTS. 
(a) IN GENERAL.—Notwithstanding section 2208 of 
title 10, United States Code, the Secretary of the Army 
may use a working-capital fund established pursuant to 
that section for expenses directly related to conducting a 
pilot program for a product improvement described in sub-
section (b). 
(b) PRODUCT IMPROVEMENT.—A product improve-
ment covered by the pilot program is the procurement and 
installation of a component or subsystem of a weapon sys-
tem platform or major end item that would improve the 
reliability and maintainability, extend the useful life, en-
hance safety, lower maintenance costs, or provide perform-
ance enhancement of the weapon system platform or 
major end item. 
(c) LIMITATION
ON CERTAIN PROJECTS.—Funds 
may not be used under subsection (a) for— 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
145 
(1) any product improvement that significantly 
changes the performance envelope of an end item; or 
(2) any component with an estimated total cost 
in excess of $1,000,000. 
(d) LIMITATION IN FISCAL YEAR PENDING TIMELY 
REPORT.—If during any fiscal year the report required 
by paragraph (1) of subsection (e) is not submitted by 
the date specified in paragraph (3) of that subsection, 
funds may not be used under subsection (a) in such fiscal 
year during the period— 
(1) beginning on the date specified in para-
graph (3) of subsection (e); and 
(2) ending on the date of the submittal of the 
report under paragraph (1) of subsection (e). 
(e) ANNUAL REPORT.— 
(1) IN GENERAL.—Each fiscal year, the Assist-
ant Secretary of the Army for Acquisition, Logistics, 
and Technology, in consultation with the Assistant 
Secretary of the Army for Financial Management 
and Comptroller, shall submit to the congressional 
defense committees a report on the use of the au-
thority in subsection (a) during the preceding fiscal 
year. 
(2) RECOMMENDATION.—In the case of the re-
port required to be submitted under paragraph (1) 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
146 
during fiscal year 2012, the report shall include the 
recommendation of the Assistant Secretary of the 
Army for Acquisition, Logistics, and Technology re-
garding whether the authority under subsection (a) 
should be made permanent. 
(3) DEADLINE
FOR
SUBMITTAL.—The report 
required by paragraph (1) in a fiscal year shall be 
submitted not later than 60 days after the date of 
the submittal to Congress of the budget of the Presi-
dent for the succeeding fiscal year pursuant to sec-
tion 1105 of title 31, United States Code. 
(f) SUNSET.—The authority under subsection (a) 
shall expire on October 1, 2013. 
Subtitle D—Extension of Program 
Authorities 
SEC. 341. EXTENSION OF ARSENAL SUPPORT PROGRAM INI-
TIATIVE. 
Section 343 of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551 
note) is amended— 
(1) in subsection (a), by striking ‘‘2008’’ and 
inserting ‘‘2010’’; and 
(2) in subsection (g)(1), by striking ‘‘2008’’ 
and inserting ‘‘2010’’. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
147 
SEC. 342. EXTENSION OF PERIOD FOR REIMBURSEMENT 
FOR HELMET PADS PURCHASED BY MEM-
BERS OF THE ARMED FORCES DEPLOYED IN 
CONTINGENCY OPERATIONS. 
(a) EXTENSION.—Section 351 of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal 
Year 2005 (Public Law 108–375; 118 Stat. 1857) is 
amended— 
(1) in subsection (a)(3), by inserting before the 
period at the end the following: ‘‘, or in the case of 
protective helmet pads purchased by a member from 
a qualified vendor for that member’s personal use, 
ending on September 30, 2007’’; 
(2) in subsection (c)— 
(A) by inserting after ‘‘Armed Forces’’ the 
following: ‘‘shall comply with regular Depart-
ment of Defense procedures for the submission 
of claims and’’; and 
(B) by inserting before the period at the 
end the following: ‘‘or one year after the date 
on which the purchase of the protective, safety, 
or health equipment was made, whichever oc-
curs last’’; and 
(3) in subsection (d), by adding at the end the 
following new sentence: ‘‘Subsection (a)(1) shall not 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00147
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
148 
apply in the case of the purchase of protective hel-
met pads on behalf of a member.’’. 
(b) FUNDING.—Amounts for reimbursements made 
under section 351 of the Ronald W. Reagan National De-
fense Authorization Act for Fiscal Year 2005 after the 
date of the enactment of this Act shall be derived from 
supplemental appropriations for the Department of De-
fense for fiscal year 2008, contingent upon such appro-
priations being enacted. 
SEC. 343. EXTENSION OF TEMPORARY AUTHORITY FOR 
CONTRACT 
PERFORMANCE 
OF 
SECURITY 
GUARD FUNCTIONS. 
(a) EXTENSION.—Subsection (c) of section 332 of 
the Bob Stump National Defense Authorization Act for 
Fiscal Year 2003 (Public Law 107–314) is amended by 
striking ‘‘September 30, 2009’’ both places it appears and 
inserting ‘‘September 30, 2012’’. 
(b) LIMITATION FOR FISCAL YEARS 2010 THROUGH 
2012.—Subsection (d) of such section is amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (3), by striking the period and 
inserting a semicolon; and 
(3) by adding at the end the following new 
paragraphs: 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
149 
‘‘(4) for fiscal year 2010, the number equal to 
70 percent of the total number of such personnel 
employed under such contracts on October 1, 2006; 
‘‘(5) for fiscal year 2011, the number equal to 
60 percent of the total number of such personnel 
employed under such contracts on October 1, 2006; 
and 
‘‘(6) for fiscal year 2012, the number equal to 
50 percent of the total number of such personnel 
employed under such contracts on October 1, 
2006.’’. 
Subtitle E—Reports 
SEC. 351. REPORTS ON NATIONAL GUARD READINESS FOR 
EMERGENCIES AND MAJOR DISASTERS. 
(a) ANNUAL REPORTS
ON EQUIPMENT.—Section 
10541(b) of title 10, United States Code, is amended by 
adding at the end the following new paragraph: 
‘‘(9) An assessment of the extent to which the 
National Guard possesses the equipment required to 
perform the responsibilities of the National Guard 
pursuant to sections 331, 332, 333, 12304(b), and 
12406 of this title in response to an emergency or 
major disaster (as such terms are defined in section 
102 of the Robert T. Stafford Disaster Relief and 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
150 
Emergency Assistance Act (42 U.S.C. 5122)). Such 
assessment shall— 
‘‘(A) identify any shortfall in equipment 
provided to the National Guard by the Depart-
ment of Defense throughout the United States 
and the territories and possessions of the 
United States that is likely to affect the ability 
of the National Guard to perform such respon-
sibilities; 
‘‘(B) evaluate the effect of any such short-
fall on the capacity of the National Guard to 
perform such responsibilities in response to an 
emergency or major disaster that occurs in the 
United States or a territory or possession of the 
United States; and 
‘‘(C) identify the requirements and invest-
ment strategies for equipment provided to the 
National Guard by the Department of Defense 
that are necessary to plan for a reduction or 
elimination of any such shortfall.’’. 
(b) INCLUSION
OF
ASSESSMENT
OF
NATIONAL 
GUARD READINESS
IN QUARTERLY PERSONNEL
AND 
UNIT READINESS REPORT.—Section 482 of such title is 
amended— 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
151 
(1) in subsection (a), by striking ‘‘and (e)’’ and 
inserting ‘‘(e), and (f)’’; 
(2) by redesignating subsection (f) as sub-
section (g); and 
(3) by inserting after subsection (e) the fol-
lowing new subsection (f): 
‘‘(f) READINESS OF NATIONAL GUARD TO PERFORM 
CIVIL SUPPORT MISSIONS.—(1) Each report shall also in-
clude an assessment of the readiness of the National 
Guard to perform tasks required to support the National 
Response Plan for support to civil authorities. 
‘‘(2) Any information in an assessment under this 
subsection that is relevant to the National Guard of a par-
ticular State shall also be made available to the Governor 
of that State. 
‘‘(3) The Secretary shall ensure that each State Gov-
ernor has an opportunity to provide to the Secretary an 
independent evaluation of that State’s National Guard, 
which the Secretary shall include with each assessment 
submitted under this subsection.’’. 
(c) EFFECTIVE DATE.— 
(1) ANNUAL REPORT ON NATIONAL GUARD AND 
RESERVE
COMPONENT
EQUIPMENT.—The amend-
ment made by subsection (a) shall apply with respect 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
152 
to reports submitted after the date of the enactment 
of this Act. 
(2) QUARTERLY REPORTS ON PERSONNEL AND 
UNIT READINESS.—The amendment made by sub-
section (b) shall apply with respect to the quarterly 
report required under section 482 of title 10, United 
States Code, for the second quarter of fiscal year 
2009 and each subsequent report required under 
that section. 
(d) REPORT ON IMPLEMENTATION.— 
(1) IN GENERAL.—As part of the budget jus-
tification materials submitted to Congress in support 
of the budget of the President for each of fiscal 
years 2009 and 2010 (as submitted under section 
1105 of title 31, United States Code), the Secretary 
of Defense shall submit to the congressional defense 
committees a report on actions taken by the Sec-
retary to implement the amendments made by this 
section. 
(2) ELEMENTS.—Each report required under 
paragraph (1) shall include a description of the 
mechanisms to be utilized by the Secretary for as-
sessing the personnel, equipment, and training readi-
ness of the National Guard, including the standards 
and measures that will be applied and mechanisms 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
153 
for sharing information on such matters with the 
Governors of the States. 
SEC. 352. ANNUAL REPORT ON PREPOSITIONED MATERIEL 
AND EQUIPMENT. 
(a) ANNUAL REPORT REQUIRED.—Chapter 131 of 
title 10, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2229a. Annual report on prepositioned materiel 
and equipment 
‘‘(a) ANNUAL REPORT REQUIRED.—Not later than 
the date of the submission of the President’s budget re-
quest for a fiscal year under section 1105 of title 31, the 
Secretary of Defense shall submit to the congressional de-
fense committees a report on the status of the materiel 
in the prepositioned stocks as of the end of the fiscal year 
preceding the fiscal year during which the report is sub-
mitted. Each report shall be unclassified and may contain 
a classified annex. Each report shall include the following 
information: 
‘‘(1) The level of fill for major end items of 
equipment and spare parts in each prepositioned set 
as of the end of the fiscal year covered by the report. 
‘‘(2) The material condition of equipment in the 
prepositioned stocks as of the end of such fiscal 
year, grouped by category or major end item. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
154 
‘‘(3) A list of major end items of equipment 
drawn from the prepositioned stocks during such fis-
cal year and a description of how that equipment 
was used and whether it was returned to the stocks 
after being used. 
‘‘(4) A timeline for completely reconstituting 
any shortfall in the prepositioned stocks. 
‘‘(5) An estimate of the amount of funds re-
quired to completely reconstitute any shortfall in the 
prepositioned stocks and a description of the Sec-
retary’s plan for carrying out such complete recon-
stitution. 
‘‘(6) A list of any operations plan affected by 
any shortfall in the prepositioned stocks and a de-
scription of any action taken to mitigate any risk 
that such a shortfall may create. 
‘‘(b) COMPTROLLER GENERAL REVIEW.—(1) By not 
later than 120 days after the date on which a report is 
submitted under subsection (a), the Comptroller General 
shall review the report and, as the Comptroller General 
determines appropriate, submit to the congressional de-
fense committees any additional information that the 
Comptroller General determines will further inform such 
committees on issues relating to the status of the materiel 
in the prepositioned stocks. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
155 
‘‘(2) The Secretary of Defense shall ensure the full 
cooperation of the Department of Defense with the Comp-
troller General for purposes of the conduct of the review 
required by this subsection, both before and after each re-
port is submitted under subsection (a). The Secretary 
shall conduct periodic briefings for the Comptroller Gen-
eral on the information covered by each report required 
under subsection (a) and provide to the Comptroller Gen-
eral access to the data and preliminary results to be used 
by the Secretary in preparing each such report before the 
Secretary submits the report to enable the Comptroller 
General to conduct each review required under paragraph 
(1) in a timely manner. 
‘‘(3) The requirement to conduct a review under this 
subsection shall terminate on September 30, 2015.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘2229a. Annual report on prepositioned materiel and equipment.’’. 
SEC. 353. REPORT ON INCREMENTAL COST OF EARLY 2007 
ENHANCED DEPLOYMENT. 
Section 323(b)(2) of the John Warner National De-
fense Authorization Act for Fiscal Year 2007 (Public Law 
109–364; 120 Stat. 2146; 10 U.S.C. 229 note) is amend-
ed— 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
156 
(1) in subparagraph (A), by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(C) each of the military departments for 
the incremental changes in reset costs resulting 
from the deployment and redeployment of 
forces to Iraq and Afghanistan above the levels 
deployed to such countries on January 1, 
2007.’’. 
SEC. 354. MODIFICATION OF REQUIREMENTS OF COMP-
TROLLER GENERAL REPORT ON THE READI-
NESS OF ARMY AND MARINE CORPS GROUND 
FORCES. 
(a) SUBMITTAL DATE.—Subsection (a)(1) of section 
345 of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 
2156) is amended by striking ‘‘June 1, 2007’’ and insert-
ing ‘‘June 1, 2008’’. 
(b) ELEMENTS.—Subsection (b) of such section is 
amended— 
(1) by striking paragraph (2); 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
157 
(2) by redesignating paragraphs (3) through 
(7) as paragraphs (4) through (8), respectively; and 
(3) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) An assessment of the ability of the Army 
and Marine Corps to provide trained and ready 
forces to meet the requirements of increased force 
levels in support of Operation Iraqi Freedom and 
Operation Enduring Freedom above such force levels 
in effect on January 1, 2007, and to meet the re-
quirements of other ongoing operations simulta-
neously with such increased force levels. 
‘‘(3) An assessment of the strategic depth of 
the Army and Marine Corps and their ability to pro-
vide trained and ready forces to meet the require-
ments of the high-priority contingency war plans of 
the regional combatant commands, including an 
identification and evaluation for each such plan of— 
‘‘(A) the strategic and operational risks as-
sociated with current and projected forces of 
current and projected readiness; 
‘‘(B) the time required to make forces 
available and prepare them for deployment; and 
‘‘(C) likely strategic tradeoffs necessary to 
meet the requirements of each such plan.’’. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
158 
(c) DEPARTMENT
OF DEFENSE COOPERATION.— 
Such section is further amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection (c): 
‘‘(c) DEPARTMENT OF DEFENSE COOPERATION.— 
The Secretary of Defense shall ensure the full cooperation 
of the Department of Defense with the Comptroller Gen-
eral for purposes of the preparation of the report required 
by this section.’’. 
SEC. 355. PLAN TO IMPROVE READINESS OF GROUND 
FORCES OF ACTIVE AND RESERVE COMPO-
NENTS. 
(a) REPORT REQUIRED.—At the same time that the 
budget is submitted under section 1105(a) of title 31, 
United States Code, for a fiscal year, the Secretary of De-
fense shall submit to the congressional defense committees 
a report on improving the readiness of the ground forces 
of active and reserve components of the Armed Forces. 
Each such report shall include— 
(1) a summary of the readiness of each report-
ing unit of the ground forces of the active and re-
serve components and a summary of the readiness of 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
159 
each major combat unit of each Armed Force by 
readiness level; 
(2) an identification of the extent to which the 
actual readiness ratings of the active and reserve 
components of the Armed Forces have been up-
graded based on the judgment of commanders and 
any efforts of the Secretary of Defense to analyze 
the trends and implications of such upgrades; 
(3) the goals of the Secretary of Defense for 
managing the readiness of the ground forces of the 
active and reserve components, expressed in terms of 
the number of units or percentage of the force that 
the Secretary plans to maintain at each level of 
readiness, and the Secretary’s projected timeframe 
for achieving each such goal; 
(4) a prioritized list of items and actions to be 
accomplished during the fiscal year during which the 
report is submitted, and during the fiscal years cov-
ered by the future-years defense program, that the 
Secretary of Defense believes are necessary to sig-
nificantly improve the readiness of the ground forces 
of the active and reserve components and achieve the 
goals and timeframes described in paragraph (3); 
and 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
160 
(5) a detailed investment strategy and plan for 
each fiscal year covered by the future-years defense 
program under section 221 of title 10, United States 
Code, that is submitted during the fiscal year in 
which the report is submitted, that outlines the re-
sources required to improve the readiness of the 
ground forces of the active and reserve components, 
including a description of how each resource identi-
fied in such plan relates to funding requested by the 
Secretary in the Secretary’s annual budget, and how 
each such resource will specifically enable the Sec-
retary to achieve the readiness goals described in 
paragraph (3) within the projected timeframes. 
(b) COMPTROLLER GENERAL REVIEW.—By not later 
than 60 days after the date on which a report is submitted 
under subsection (a), the Comptroller General shall review 
the report and, as the Comptroller General determines ap-
propriate, submit to the congressional defense committees 
any additional information that the Comptroller General 
determines will further inform the congressional defense 
committees on issues relating to the readiness of the 
ground forces of the active and reserve components of the 
Armed Forces. 
(c) TERMINATION.—The requirement to submit a re-
port under subsection (a) shall terminate on the date the 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
161 
Secretary of Defense submits the fifth report required 
under that subsection. 
SEC. 356. INDEPENDENT ASSESSMENT OF CIVIL RESERVE 
AIR FLEET VIABILITY. 
(a) INDEPENDENT ASSESSMENT REQUIRED.—The 
Secretary of Defense shall provide for an independent as-
sessment of the viability of the Civil Reserve Air Fleet to 
be conducted by a federally-funded research and develop-
ment center selected by the Secretary. 
(b) CONTENTS OF ASSESSMENT.—The assessment 
required by subsection (a) shall include each of the fol-
lowing: 
(1) An assessment of the Civil Reserve Air 
Fleet as of the date of the enactment of this Act, 
including an assessment of— 
(A) the level of increased use of commer-
cial assets to fulfill Department of Defense 
transportation requirements as a result of the 
increased global mobility requirements in re-
sponse to the terrorist attacks of September 11, 
2001; 
(B) the extent of charter air carrier par-
ticipation in fulfilling increased Department of 
Defense transportation requirements as a result 
of the increased global mobility requirements in 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
162 
response to the terrorist attacks of September 
11, 2001; 
(C) any policy of the Secretary of Defense 
to limit the percentage of income a single air 
carrier participating in the Civil Reserve Air 
Fleet may earn under contracts with the Sec-
retary during any calendar year and the effects 
of such policy on the air carrier industry in 
peacetime and during periods during which the 
Armed Forces are deployed in support of a con-
tingency operation for which the Civil Reserve 
Air Fleet is not activated; and 
(D) any risks to the charter air carrier in-
dustry as a result of the expansion of the indus-
try in response to contingency operations result-
ing in increased demand by the Department of 
Defense. 
(2) A strategic assessment of the viability of the 
Civil Reserve Air Fleet that compares such viability 
as of the date of the enactment of this Act with the 
projected viability of the Civil Reserve Air Fleet 5, 
10, and 15 years after the date of the enactment of 
this Act, including for activations at each of stages 
1, 2, and 3— 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
163 
(A) an examination of the requirements of 
the Department of Defense for the Civil Re-
serve Air Fleet for the support of operational 
and contingency plans, including any antici-
pated changes in the Department’s organic air-
lift capacity, logistics concepts, and personnel 
and training requirements; 
(B) an assessment of air carrier participa-
tion in the Civil Reserve Air Fleet; and 
(C) a comparison between the require-
ments of the Department described in subpara-
graph (A) and air carrier participation de-
scribed in subparagraph (B). 
(3) An examination of any perceived barriers to 
Civil Reserve Air Fleet viability, including— 
(A) the operational planning system of the 
Civil Reserve Air Fleet; 
(B) the reward system of the Civil Reserve 
Air Fleet; 
(C) the long-term affordability of the Avia-
tion War Risk Insurance Program; 
(D) the effect on United States air carriers 
operating overseas routes during periods of 
Civil Reserve Air Fleet activation; 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
164 
(E) increased foreign ownership of United 
States air carriers; 
(F) increased operational costs during acti-
vation as a result of hazardous duty pay, rout-
ing delays, and inefficiencies in cargo handling 
by the Department of Defense; 
(G) the effect of policy initiatives by the 
Secretary of Transportation to encourage inter-
national code sharing and alliances; and 
(H) the effect of limitations imposed by 
the Secretary of Defense to limit commercial 
shipping options for certain routes and package 
sizes. 
(4) Recommendations for improving the Civil 
Reserve Air Fleet program, including an assessment 
of potential incentives for increasing participation in 
the Civil Reserve Air Fleet program, including estab-
lishing a minimum annual purchase amount during 
peacetime. 
(c) SUBMISSION TO CONGRESS.—Upon the comple-
tion of the assessment required under subsection (a) and 
by not later than April 1, 2008, the Secretary shall submit 
to the congressional defense committees a report on the 
assessment. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
165 
(d) COMPTROLLER GENERAL REPORT.—Not later 
than 90 days after the report is submitted under sub-
section (c), the Comptroller General shall conduct a review 
of the assessment required under subsection (a). 
SEC. 357. DEPARTMENT OF DEFENSE INSPECTOR GENERAL 
REPORT ON PHYSICAL SECURITY OF DE-
PARTMENT OF DEFENSE INSTALLATIONS. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Inspector General of the 
Department of Defense shall submit to Congress a report 
on the physical security of Department of Defense instal-
lations and resources. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include the following: 
(1) An analysis of the progress in implementing 
requirements under the Physical Security Program 
as set forth in the Department of Defense Instruc-
tion 5200.08–R, Chapter 2 (C.2) and Chapter 3, 
Section 3: Installation Access (C3.3), which man-
dates the policies and minimum standards for the 
physical security of Department of Defense installa-
tions and resources. 
(2) Recommendations based on the findings of 
the Comptroller General of the United States in the 
report required by section 344 of the John Warner 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
166 
National Defense Authorization Act for Fiscal Year 
2007 (Public Law 109–366; 120 Stat. 2155). 
(3) Recommendations based on the lessons 
learned from the thwarted plot to attack Fort Dix, 
New Jersey, in 2007. 
SEC. 358. REVIEW OF HIGH-ALTITUDE AVIATION TRAINING. 
(a) REVIEW REQUIRED.—The Secretary of the De-
fense shall conduct a review of the training requirements 
of the Department of Defense for helicopter operations in 
high-altitude or power-limited conditions. 
(b) CONTENT.—The review required under sub-
section (a) shall include an examination of— 
(1) power-management and high-altitude train-
ing requirements by military department, helicopter, 
and crew position; 
(2) training methods and locations currently 
used by each of the military departments to fulfill 
those training requirements; 
(3) department or service regulations that pro-
hibit or inhibit joint-service or inter-service high-alti-
tude aviation training; 
(4) costs for each of the previous 5 years asso-
ciated with transporting aircraft to and from the 
High-Altitude Aviation Training Site, Gypsum, Colo-
rado, for training purposes; 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
167 
(5) potential risk avoidance and reductions in 
accident rates due to power management if training 
of the type offered at the High-Altitude Aviation 
Training Site was required training, rather than op-
tional training; and 
(6) potential cost savings and operational bene-
fits, if any, of permanently stationing no less than 
4 UH–60, 2 CH–47, and 2 LUH–72 aircraft at the 
High-Altitude Aviation Training Site, Gypsum, Colo-
rado. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the congressional defense committees a report on the 
conduct and findings of the review required under sub-
section (a) along with a summary of changes to policy, 
regulation, or asset allocation necessary to ensure that De-
partment of Defense helicopter aircrews are adequately 
trained in high-altitude or power-limited flying conditions 
prior to being exposed to such conditions operationally. 
SEC. 359. REPORTS ON SAFETY MEASURES AND ENCROACH-
MENT ISSUES AND MASTER PLAN FOR WAR-
REN GROVE GUNNERY RANGE, NEW JERSEY. 
(a) ANNUAL REPORT ON SAFETY MEASURES.—Not 
later than March 1, 2008, and annually thereafter for 2 
additional years, the Secretary of the Air Force shall sub-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
168 
mit to the congressional defense committees a report on 
efforts made by all of the military departments utilizing 
the Warren Grove Gunnery Range, New Jersey, to provide 
the highest level of safety. 
(b) MASTER PLAN FOR WARREN GROVE GUNNERY 
RANGE.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of the Air Force shall submit to the congres-
sional defense committees a master plan for Warren 
Grove Gunnery Range. 
(2) CONTENT.—The master plan required 
under paragraph (1) shall include measures to miti-
gate encroachment of the Warren Grove Gunnery 
Range, taking into consideration military mission re-
quirements, land use plans, the surrounding commu-
nity, the economy of the region, and protection of 
the environment and public health, safety, and wel-
fare. 
(3) INPUT.—In establishing the master plan re-
quired under paragraph (1), the Secretary shall seek 
input from relevant stakeholders at the Federal, 
State, and local level. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
169 
SEC. 360. REPORT ON SEARCH AND RESCUE CAPABILITIES 
OF THE AIR FORCE IN THE NORTHWESTERN 
UNITED STATES. 
(a) REPORT.—Not later than April 1, 2008, the Sec-
retary of the Air Force shall submit to the appropriate 
congressional committees a report on the search and res-
cue capabilities of the Air Force in the northwestern 
United States. 
(b) CONTENT.—The report required under subsection 
(a) shall include the following: 
(1) An assessment of the search and rescue ca-
pabilities required to support Air Force operations 
and training. 
(2) A description of the compliance of the Air 
Force with the 1999 United States National Search 
and Rescue Plan (referred to hereinafter in this sec-
tion as the ‘‘NSRP’’) for Washington, Oregon, 
Idaho, and Montana. 
(3) An inventory and description of the search 
and rescue assets of the Air Force that are available 
to meet the requirements of the NSRP. 
(4) A description of the use of such search and 
rescue assets during the 3-year period preceding the 
date when the report is submitted. 
(5) The plans of the Air Force to meet current 
and future search and rescue requirements in the 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
170 
northwestern United States, including plans that 
take into consideration requirements related to sup-
port for both Air Force operations and training and 
compliance with the NSRP. 
(6) An inventory of other search and rescue ca-
pabilities equivalent to such capabilities provided by 
the Air Force that may be provided by other Fed-
eral, State, or local agencies in the northwestern 
United States. 
(c) USE OF REPORT FOR PURPOSES OF CERTIFI-
CATION REGARDING SEARCH
AND RESCUE CAPABILI-
TIES.—Section 1085 of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108–375; 118 Stat. 2065; 10 U.S.C. 113 note) is 
amended by striking ‘‘unless the Secretary first certifies’’ 
and inserting ‘‘unless the Secretary, after reviewing the 
search and rescue capabilities report prepared by the Sec-
retary of the Air Force under subsection (a), first cer-
tifies’’. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the Committee on Armed Services, the 
Committee on Homeland Security and Governmental 
Affairs, the Committee on Commerce, Science, and 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
171 
Transportation, the Committee on Energy and Nat-
ural Resources, and the Committee on Appropria-
tions of the Senate; and 
(2) the Committee on Armed Services, the 
Committee on Homeland Security, the Committee on 
Energy and Commerce, the Committee on Natural 
Resources, and the Committee on Appropriations of 
the House of Representatives. 
SEC. 361. REPORT AND MASTER INFRASTRUCTURE RECAPI-
TALIZATION PLAN FOR CHEYENNE MOUN-
TAIN AIR STATION, COLORADO. 
(a) REPORT ON RELOCATION OF NORTH AMERICAN 
AEROSPACE DEFENSE COMMAND CENTER.— 
(1) IN
GENERAL.—Not later than March 1, 
2008, the Secretary of Defense shall submit to Con-
gress a report on the relocation of the North Amer-
ican Aerospace Defense Command center and re-
lated functions from Cheyenne Mountain Air Sta-
tion, Colorado, to Peterson Air Force Base, Colo-
rado. 
(2) CONTENT.—The report required under 
paragraph (1) shall include— 
(A) an analysis comparing the total costs 
associated with the relocation, including costs 
determined as part of ongoing security-related 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
172 
studies of the relocation, to anticipated oper-
ational benefits from the relocation; 
(B) a detailed explanation of the backup 
functions that will remain located at Cheyenne 
Mountain Air Station, and how such functions 
planned to be transferred out of Cheyenne 
Mountain Air Station, including the Space Op-
erations Center, will maintain operational 
connectivity with their related commands and 
relevant communications centers; 
(C) the final plans for the relocation of the 
North American Aerospace Defense Command 
center and related functions; and 
(D) the findings and recommendations of 
an independent security and vulnerability as-
sessment of Peterson Air Force Base carried 
out by Sandia National Laboratory for the 
United States Air Force Space Command and 
the Secretary’s plans for mitigating any secu-
rity and vulnerability risks identified as part of 
that assessment and associated cost and sched-
ule estimates. 
(b) LIMITATION ON AVAILABILITY OF FUNDS PEND-
ING RECEIPT OF REPORT.—Of the funds appropriated 
pursuant to an authorization of appropriations or other-
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
173 
wise made available for fiscal year 2008 for operation and 
maintenance for the Air Force that are available for the 
Cheyenne Mountain Transformation project, $5,000,000 
may not be obligated or expended until Congress receives 
the report required under subsection (a). 
(c) COMPTROLLER GENERAL REVIEW.—Not later 
than 120 days after the date on which the Secretary of 
Defense submits the report required under subsection (a), 
the Comptroller General shall submit to Congress a review 
of the report and the final plans of the Secretary for the 
relocation of the North American Aerospace Defense Com-
mand center and related functions. 
(d) MASTER INFRASTRUCTURE RECAPITALIZATION 
PLAN.— 
(1) IN GENERAL.—Not later than March 16, 
2008, the Secretary of the Air Force shall submit to 
Congress a master infrastructure recapitalization 
plan for Cheyenne Mountain Air Station. 
(2) CONTENT.—The plan required under para-
graph (1) shall include— 
(A) a description of the projects that are 
needed to improve the infrastructure required 
for supporting missions associated with Chey-
enne Mountain Air Station; and 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00173
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
230 
(B) in subsection (b)— 
(i) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(ii) by inserting after the second sen-
tence the following new paragraph: 
‘‘(2) If a member of the uniformed services selected 
to be a student has prior active service in a pay grade 
and with years of service credited for pay that would enti-
tle the member, if the member remained in the former 
grade, to a rate of basic pay in excess of the rate of basic 
pay for regular officers in the grade of second lieutenant 
or ensign, the member shall be paid basic pay based on 
the former grade and years of service credited for pay. 
The amount of such basic pay for the member shall be 
increased on January 1 of each year by the percentage 
by which basic pay is increased on average on that date 
for that year, and the member shall continue to receive 
basic pay based on the former grade and years of service 
until the date, whether occurring before or after gradua-
tion, on which the basic pay for the member in the mem-
ber’s actual grade and years of service credited for pay 
exceeds the amount of basic pay to which the member is 
entitled based on the member’s former grade and years 
of service.’’. 
(2) CONFORMING AMENDMENTS.—Such section 
is further amended— 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00230
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
231 
(A) in subsection (b), by striking ‘‘Upon 
graduation they’’ and inserting the following: 
‘‘(c) Medical students who graduate’’; and 
(B) in subsection (i), as redesignated by 
paragraph (1), by striking ‘‘subsection (b)’’ and 
inserting ‘‘subsection (c)’’. 
(b) PARTICIPANTS IN HEALTH PROFESSIONS SCHOL-
ARSHIP AND FINANCIAL ASSISTANCE PROGRAM.—Section 
2121(c) of such title is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) If a member of the uniformed services selected 
to participate in the program as a medical student has 
prior active service in a pay grade and with years of serv-
ice credited for pay that would entitle the member, if the 
member remained in the former grade, to a rate of basic 
pay in excess of the rate of basic pay for regular officers 
in the grade of second lieutenant or ensign, the member 
shall be paid basic pay based on the former grade and 
years of service credited for pay. The amount of such basic 
pay for the member shall be increased on January 1 of 
each year by the percentage by which basic pay is in-
creased on average on that date for that year, and the 
member shall continue to receive basic pay based on the 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00231
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
333 
(5) BUDGET REQUEST.—The Secretary of De-
fense may establish a separate budget line for the 
commemorative program. In the budget justification 
materials submitted by the Secretary in support of 
the budget of the President for any fiscal year for 
which the Secretary establishes the separate budget 
line, the Secretary shall— 
(A) identify and explain any amounts ex-
pended for the commemorative program in the 
fiscal year preceding the budget request; 
(B) identify and explain the amounts being 
requested to support the commemorative pro-
gram for the fiscal year of the budget request; 
and 
(C) present a summary of the fiscal status 
of the Fund. 
(f) ACCEPTANCE OF VOLUNTARY SERVICES.— 
(1) AUTHORITY
TO
ACCEPT
SERVICES.—Not-
withstanding section 1342 of title 31, United States 
Code, the Secretary of Defense may accept from any 
person voluntary services to be provided in further-
ance of the commemorative program. The Secretary 
of Defense shall prohibit the solicitation of any vol-
untary services if the nature or circumstances of 
such solicitation would compromise the integrity or 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00333
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
452 
‘‘(4) Any other person specified in regulations 
prescribed by the Secretary of Defense for purposes 
of this paragraph who loses entitlement to health 
care services under this chapter or section 1145 of 
this title, subject to such terms and conditions as 
the Secretary shall prescribe in the regulations.’’. 
(b) ELECTION
OF COVERAGE.—Subsection (d) of 
such section is amended by adding at the end the following 
new paragraph: 
‘‘(4) In the case of a person described in sub-
section (b)(4), by such date as the Secretary shall 
prescribe in the regulations required for purposes of 
that subsection.’’. 
(c) PERIOD
OF COVERAGE.—Subsection (g)(1) of 
such section is amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (C), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(D) in the case of a person described in sub-
section (b)(4), the date that is 36 months after the 
date on which the person loses entitlement to health 
care services as described in that subsection.’’. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00452
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS
477 
such area adequate to fill the civilian positions 
created by the conversion of military medical 
and dental positions to civilian positions in such 
area. 
(C) An analysis, by affected area, showing 
the extent to which access to health care and 
cost of health care was affected in both the di-
rect care and purchased care systems, including 
an assessment of the effect of any increased 
shifts in patient load from the direct care to the 
purchased care system, or any delays in receipt 
of care in either the direct or purchased care 
system because of the conversions. 
(D) The extent to which military medical 
and dental positions converted to civilian med-
ical or dental positions affected recruiting and 
retention of uniformed medical and dental per-
sonnel. 
(E) A comparison of the full costs for the 
military medical and dental positions converted 
with the full costs for civilian medical and den-
tal positions, including expenses such as re-
cruiting, salary, benefits, training, and any 
other costs the Department identifies. 
VerDate Aug 31 2005 
22:07 Jan 22, 2008
Jkt 069200
PO 00000
Frm 00477
Fmt 6652
Sfmt 6201
E:\BILLS\H4986.CPH
H4986
pwalker on PROD1PC71 with BILLS