H. R. 1585—309 
by other Federal agencies (as so selected) to resolve a claim 
under that decision. 
(10) A comparative statement of the backlog of claims 
with the Defense Finance and Accounting Service under the 
decision in Butterbaugh v. Department of Justice with the 
backlog of claims of other Federal agencies (as so selected) 
under that decision. 
(11) An estimate of the amount of time required for the 
Defense Finance and Accounting Service to resolve all out-
standing claims under the decision in Butterbaugh v. Depart-
ment of Justice. 
(12) An assessment of the reasonableness of the require-
ment of the Defense Finance and Accounting Service for the 
submittal by members of the reserve components of the Armed 
Forces of supporting documentation for claims under the deci-
sion in Butterbaugh v. Department of Justice. 
(13) A comparative assessment of the requirement of the 
Defense Finance and Accounting Service for the submittal by 
members of the reserve components of the Armed Forces of 
supporting documentation for claims under the decision in 
Butterbaugh v. Department of Justice with the requirement 
of other Federal agencies (as so selected) for the submittal 
by such members of supporting documentation for such claims. 
(14) Such recommendations for legislative action as the 
Comptroller General considers appropriate in light of the deci-
sion in Butterbaugh v. Department of Justice and the decision 
in Hernandez v. Department of the Air Force. 
SEC. 1046. STUDY ON SIZE AND MIX OF AIRLIFT FORCE. 
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 
a requirements-based study on alternatives for the proper size 
and mix of fixed-wing intratheater and intertheater airlift assets 
to meet the National Military Strategy for each of the following 
timeframes: fiscal year 2012, 2018, and 2024. The study shall— 
(1) focus on organic and commercially programmed airlift 
capabilities; 
(2) analyze the full-spectrum lifecycle costs of the various 
alternatives for organic models of each of the following aircraft: 
C–5A/B/C/M, C–17A, KC–X, KC–10, KC–135R, C–130E/H/J, 
Joint Cargo Aircraft; and 
(3) incorporate the augmentation capability, viability, and 
feasibility of the Civil Reserve Air Fleet during activation stages 
I, II, and III. 
(b) USE OF FFRDC.—The Secretary shall select, to carry out 
the study required by subsection (a), a federally funded research 
and development center that has experience and expertise in con-
ducting similar studies. 
(c) STUDY PLAN.—The study required by subsection (a) shall 
be carried out under a study plan. The study plan shall be developed 
as follows: 
(1) The center selected under subsection (b) shall develop 
the study plan and shall, not later than 60 days after the 
date of enactment of this Act, submit the study plan to the 
congressional defense committees, the Secretary, and the Comp-
troller General of the United States. 
(2) The Comptroller General shall review the study plan 
to determine whether it is complete and objective, and whether
H. R. 1585—310 
it has any flaws or weaknesses in scope or methodology, and 
shall, not later than 30 days after receiving the study plan, 
submit to the Secretary and the center a report that contains 
the results of that review and provides any recommendations 
that the Comptroller General considers appropriate for improve-
ments to the study plan. 
(3) The center shall modify the study plan to incorporate 
the recommendations under paragraph (2) and shall, not later 
than 45 days after receiving that report, submit to the Secretary 
and the congressional defense committees a report on those 
modifications. The report shall describe each modification and, 
if the modifications do not incorporate one or more of the 
recommendations, shall explain the reasons for not doing so. 
(d) ELEMENTS OF STUDY PLAN.—The study plan required by 
subsection (c) shall address, at minimum, the following: 
(1) A description of lift requirements and operating profiles 
for airlift aircraft required to meet the National Military 
Strategy, including assumptions regarding the following: 
(A) Current and future military combat and support 
missions. 
(B) The planned force structure growth of the military 
services. 
(C) Potential changes in lift requirements, including 
the deployment of the Future Combat Systems by the 
Army. 
(D) New capability in airlift to be provided by the 
KC(X) aircraft and the expected utilization of such capa-
bility, including its use in intratheater lift. 
(E) The utilization of intertheater lift aircraft in 
intratheater combat mission support roles. 
(F) The availability and application of Civil Reserve 
Air Fleet assets in future military scenarios. 
(G) Air mobility requirements associated with the 
Global Rebasing Initiative of the Department of Defense. 
(H) Air mobility requirements in support of worldwide 
peacekeeping and humanitarian missions. 
(I) Air mobility requirements in support of homeland 
defense and national emergencies. 
(J) The viability and capability of the Civil Reserve 
Air Fleet to augment organic forces in both friendly and 
hostile environments. 
(K) An assessment of the Civil Reserve Air Fleet to 
adequately augment the organic fleet as it relates to 
commercial 
inventory 
management 
restructuring 
in 
response to future commercial markets, streamlining of 
operations, efficiency measures, or downsizing of the 
participant. 
(2) An evaluation of the state of the current airlift fleet 
of the Air Force, including assessments of the following: 
(A) The extent to which the increased use of airlift 
aircraft in on-going operations is affecting the programmed 
service life of the aircraft of that fleet. 
(B) The adequacy of the current airlift force, including 
whether or not a minimum of 299 strategic airlift aircraft 
for the Air Force is sufficient to support future expedi-
tionary combat and non-combat missions, as well as 
domestic and training mission demands consistent with
H. R. 1585—311 
the requirements of meeting the National Military 
Strategy. 
(C) The optimal mix of C–5 and C–17 aircraft for 
the strategic airlift fleet of the Air Force, to include the 
following: 
(i) The cost-effectiveness of modernizing various 
iterations of the C–5A and C–5B/C aircraft fleet versus 
procuring additional C–17 aircraft. 
(ii) The military capability, operational avail-
ability, usefulness, and service life of the C–5A/B/C/ 
M aircraft and the C–17 aircraft. Such an assessment 
shall examine appropriate metrics, such as aircraft 
availability rates, departure rates, and mission capable 
rates, in each of the following cases: 
(I) Completion of the Avionics Modernization 
Program and the Reliability Enhancement and Re- 
engining Program. 
(II) Partial completion of the Avionics Mod-
ernization Program and the Reliability Enhance-
ment and Re-engining Program, with partial 
completion of either such program being considered 
the point at which the continued execution of each 
program is no longer supported by the cost- 
effectiveness analysis. 
(iii) At what specific fleet inventory for each 
organic aircraft, to include air refueling aircraft used 
in the airlift role, would it impede the ability of Civil 
Reserve Air Fleet participants to remain a viable aug-
mentation option. 
(D) An analysis and assessment of the lessons that 
may be learned from the experience of the Air Force in 
restarting the production line for the C–5 aircraft after 
having closed the line for several years, and recommenda-
tions for the actions that the Department of Defense should 
take to ensure that the production line for the C–17 aircraft 
could be restarted if necessary, including— 
(i) an analysis of the methods that were used 
and costs that were incurred in closing and re-opening 
the production line for the C–5 aircraft; 
(ii) an assessment of the methods and actions that 
should be employed and the expected costs and risks 
of closing and re-opening the production line for the 
C–17 aircraft in view of that experience. 
Such analysis and assessment should deal with issues such 
as production work force, production facilities, tooling, 
industrial base suppliers, contractor logistics support 
versus organic maintenance, and diminished manufac-
turing sources. 
(E) Assessing the military capability, operational avail-
ability, usefulness, service life and optimal mix of intra- 
theater airlift aircraft, to include— 
(i) the cost-effectiveness of procuring the Joint 
Cargo Aircraft versus procuring additional C–130J or 
refurbishing C–130E/H platforms to meet intra-theater 
airlift requirements of the combatant commander and 
component commands; and
H. R. 1585—312 
(ii) the cost-effectiveness of procuring additional 
C–17 aircraft versus procuring additional C–130J plat-
forms or refurbishing C–130E/H platforms to meet 
intra-theater airlift requirements of the combatant 
commander and component commands. 
(3) Each analysis required by paragraph (2) shall include— 
(A) a description of the assumptions and sensitivity 
analysis utilized in the study regarding aircraft perform-
ances and cargo loading factors; and 
(B) a comprehensive statement of the data and assump-
tions utilized in making the program life cycle cost esti-
mates and a comparison of cost and risk associated with 
the optimally mixed fleet of airlift aircraft versus the pro-
gram of record airlift aircraft fleet. 
(e) UTILIZATION OF OTHER STUDIES.—The study required by 
subsection (a) shall build upon the results of the 2005 Mobility 
Capabilities Studies, the on-going Intra-theater Airlift Fleet Mix 
Analysis, the Intra-theater Lift Capabilities Study, the Joint Future 
Theater Airlift Capabilities Analysis, and other appropriate studies 
and analyses, such as Fleet Viability Board Reports or special 
aircraft assessments. The study shall also include any testing data 
collected on modernization, recapitalization, and upgrade efforts 
of current organic aircraft. 
(f) COLLABORATION WITH UNITED STATES TRANSPORTATION 
COMMAND.—In conducting the study required by subsection (a) 
and preparing the report required by subsection (c)(3), the center 
shall collaborate with the commander of the United States 
Transportation Command. 
(g) COLLABORATION
WITH
COST
ANALYSIS
IMPROVEMENT 
GROUP.—In conducting the study required by subsection (a) and 
constructing the analysis required by subsection (a)(2), the center 
shall collaborate with the Cost Analysis Improvement Group of 
the Department of Defense. 
(h) REPORT.—Not later than January 10, 2009, the center 
selected under subsection (b) shall submit to the Secretary and 
the congressional defense committees a report on the study required 
by subsection (a). The report shall be submitted in unclassified 
form, but shall include a classified annex. 
SEC. 1047. REPORT ON FEASIBILITY OF ESTABLISHING A DOMESTIC 
MILITARY AVIATION NATIONAL TRAINING CENTER. 
(a) IN GENERAL.—Not later than June 1, 2008, the Secretary 
of Defense shall submit to the congressional defense committees 
a report to determine the feasibility of establishing a Border State 
Aviation Training Center (BSATC) to support the current and future 
requirements of the existing RC–26 training site for counterdrug 
activities, located at the Fixed Wing Army National Guard Aviation 
Training Site (FWAATS), including the domestic reconnaissance 
and surveillance missions of the National Guard in support of 
local, State, and Federal law enforcement agencies, provided that 
the activities to be conducted at the BSATC shall not duplicate 
or displace any activity or program at the RC–26 training site 
or the FWAATS. 
(b) CONTENT.—The report required under subsection (a) shall— 
(1) examine the current and past requirements of RC– 
26 aircraft in support of local, State, and Federal law enforce-
ment and determine the number of additional aircraft required
H. R. 1585—313 
to provide such support for each State that borders Canada, 
Mexico, or the Gulf of Mexico; 
(2) determine the number of military and civilian personnel 
required to run a RC–26 domestic training center meeting 
the requirements identified under paragraph (1); 
(3) determine the requirements and cost of locating such 
a training center at a military installation for the purpose 
of preempting and responding to security threats and 
responding to crises; and 
(4) include a comprehensive review of the number and 
type of intelligence, reconnaissance, and surveillance platforms 
needed for the National Guard to effectively provide domestic 
operations and civil support (including homeland defense and 
counterdrug) to local, State, and Federal law enforcement and 
first responder entities and how those platforms would provide 
additional capabilities not currently available from the assets 
of other local, State, and Federal agencies. 
(c) CONSULTATION.—In preparing the report required under 
subsection (a), the Secretary of Defense shall consult with the 
Adjutant General of each State that borders Canada, Mexico, or 
the Gulf of Mexico, the Adjutant General of the State of West 
Virginia, and the National Guard Bureau. 
SEC. 1048. LIMITED FIELD USER EVALUATIONS FOR COMBAT HELMET 
PAD SUSPENSION SYSTEMS. 
(a) IN GENERAL.—The Secretary of Defense shall carry out 
a limited field user evaluation and operational assessment of quali-
fied combat helmet pad suspension systems. The evaluation and 
assessment shall be carried out using verified product representa-
tive samples from combat helmet pad suspension systems that 
are qualified as of the date of the enactment of this Act. 
(b) REPORT.—Not later than September 30, 2008, the Secretary 
shall submit to the congressional defense committees a report on 
the results of the limited field user evaluation and operational 
assessment. 
(c) FUNDING.—The limited field user evaluation and operational 
assessment required by subsection (a) shall be conducted using 
funds appropriated pursuant to an authorization of appropriations 
or otherwise made available for fiscal year 2008 for operation and 
maintenance, Army, for soldier protection and safety. 
SEC. 1049. STUDY ON NATIONAL SECURITY INTERAGENCY SYSTEM. 
(a) STUDY REQUIRED.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary of Defense shall enter 
into an agreement with an independent, non-profit, non-partisan 
organization to conduct a study on the national security interagency 
system. 
(b) REPORT.—The agreement entered into under subsection (a) 
shall require the organization to submit to Congress and the Presi-
dent a report containing the results of the study conducted pursuant 
to such agreement and any recommendations for changes to the 
national security interagency system (including legislative or regu-
latory changes) identified by the organization as a result of the 
study. 
(c) SUBMITTAL DATE.—The agreement entered into under sub-
section (a) shall require the organization to submit the report 
required under subsection (a) not later than September 1, 2008.
H. R. 1585—314 
(d) NATIONAL SECURITY INTERAGENCY SYSTEM DEFINED.—In 
this section, the term ‘‘national security interagency system’’ means 
the structures, mechanisms, and processes by which the depart-
ments, agencies, and elements of the Federal Government that 
have national security missions coordinate and integrate their poli-
cies, capabilities, expertise, and activities to accomplish such mis-
sions. 
(e) FUNDING.—Of the amount authorized to be appropriated 
by section 301(5) for operation and maintenance for Defense-wide 
activities, not more than $3,000,000 may be available to carry 
out this section. 
SEC. 1050. REPORT ON SOLID ROCKET MOTOR INDUSTRIAL BASE. 
(a) REPORT.—Not later than 190 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report on the status, capa-
bility, viability, and capacity of the solid rocket motor industrial 
base in the United States. 
(b) CONTENT.—The report required under subsection (a) shall 
include the following: 
(1) An assessment of the ability to maintain the Minuteman 
III intercontinental ballistic missile through its planned oper-
ational life. 
(2) An assessment of the ability to maintain the Trident 
II D–5 submarine launched ballistic missile through its planned 
operational life. 
(3) An assessment of the ability to maintain all other 
space launch, missile defense, and other vehicles with solid 
rocket motors, through their planned operational lifetimes. 
(4) An assessment of the ability to support projected future 
requirements for vehicles with solid rocket motors to support 
space launch, missile defense, or any range of ballistic missiles 
determined to be necessary to meet defense needs or other 
requirements of the United States Government. 
(5) An assessment of the required materials, the supplier 
base, the production facilities, and the production workforce 
needed to ensure that current and future requirements could 
be met. 
(6) An assessment of the adequacy of the current and 
projected industrial base support programs to support the full 
range of projected future requirements identified in paragraph 
(4). 
SEC. 1051. REPORTS ON ESTABLISHMENT OF A MEMORIAL FOR MEM-
BERS OF THE ARMED FORCES WHO DIED IN THE AIR 
CRASH IN BAKERS CREEK, AUSTRALIA, AND ESTABLISH-
MENT OF OTHER MEMORIALS IN ARLINGTON NATIONAL 
CEMETERY. 
(a) BAKERS CREEK MEMORIAL.—Not later than April 1, 2008, 
the Secretary of the Army shall submit to the Committee on Armed 
Services and the Committee on Veterans’ Affairs of the House 
of Representatives and the Committee on Armed Services and the 
Committee on Veterans’ Affairs of the Senate a report containing 
a discussion of locations outside of Arlington National Cemetery 
that would serve as a suitable location for the establishment of 
a memorial to honor the memory of the 40 members of the Armed 
Forces of the United States who lost their lives in the air crash 
at Bakers Creek, Australia, on June 14, 1943.
H. R. 1585—315 
(b) MEMORIALS IN ARLINGTON NATIONAL CEMETERY.—Not later 
than April 1, 2008, the Secretary of the Army shall submit to 
the congressional committees specified in subsection (a) a report 
containing— 
(1) recommendations to implement the results of the study 
regarding proposals for the construction of new memorials in 
Arlington National Cemetery that was conducted pursuant to 
section 2897 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 
118 Stat. 2157); and 
(2) proposed legislation, if necessary, to implement the 
results of the study. 
Subtitle F—Other Matters 
SEC. 1061. REIMBURSEMENT FOR NATIONAL GUARD SUPPORT PRO-
VIDED TO FEDERAL AGENCIES. 
Section 377 of title 10, United States Code, is amended— 
(1) in subsection (a), by striking ‘‘To the extent’’ and 
inserting ‘‘Subject to subsection (c), to the extent’’; and 
(2) by striking subsection (b) and inserting the following 
new subsections: 
‘‘(b)(1) Subject to subsection (c), the Secretary of Defense shall 
require a Federal agency to which law enforcement support or 
support to a national special security event is provided by National 
Guard personnel performing duty under section 502(f) of title 32 
to reimburse the Department of Defense for the costs of that sup-
port, notwithstanding any other provision of law. No other provision 
of this chapter shall apply to such support. 
‘‘(2) Any funds received by the Department of Defense under 
this subsection as reimbursement for support provided by personnel 
of the National Guard shall be credited, at the election of the 
Secretary of Defense, to the following: 
‘‘(A) The appropriation, fund, or account used to fund the 
support. 
‘‘(B) The appropriation, fund, or account currently available 
for reimbursement purposes. 
‘‘(c) An agency to which support is provided under this chapter 
or section 502(f) of title 32 is not required to reimburse the Depart-
ment of Defense for such support if the Secretary of Defense waives 
reimbursement. The Secretary may waive the reimbursement 
requirement under this subsection if such support— 
‘‘(1) is provided in the normal course of military training 
or operations; or 
‘‘(2) results in a benefit to the element of the Department 
of Defense or personnel of the National Guard providing the 
support that is substantially equivalent to that which would 
otherwise be obtained from military operations or training.’’. 
SEC. 1062. CONGRESSIONAL COMMISSION ON THE STRATEGIC POS-
TURE OF THE UNITED STATES. 
(a) ESTABLISHMENT.—There is hereby established a commission 
to be known as the ‘‘Congressional Commission on the Strategic 
Posture of the United States’’. The purpose of the commission 
is to examine and make recommendations with respect to the long- 
term strategic posture of the United States.
H. R. 1585—316 
(b) COMPOSITION.— 
(1) MEMBERSHIP.—The commission shall be composed of 
12 members appointed as follows: 
(A) Three by the chairman of the Committee on Armed 
Services of the House of Representatives. 
(B) Three by the ranking minority member of the Com-
mittee on Armed Services of the House of Representatives. 
(C) Three by the chairman of the Committee on Armed 
Services of the Senate. 
(D) Three by the ranking minority member of the 
Committee on Armed Services of the Senate. 
(2) CHAIRMAN; VICE CHAIRMAN.— 
(A) CHAIRMAN.—The chairman of the Committee on 
Armed Services of the House of Representatives and the 
chairman of the Committee on Armed Services of the 
Senate shall jointly designate one member of the commis-
sion to serve as chairman of the commission. 
(B) VICE CHAIRMAN.—The ranking minority member 
of the Committee on Armed Services of the House of Rep-
resentatives and the ranking minority member of the Com-
mittee on Armed Services of the Senate shall jointly des-
ignate one member of the commission to serve as vice 
chairman of the commission. 
(3) PERIOD OF APPOINTMENT; VACANCIES.—Members shall 
be appointed for the life of the commission. Any vacancy in 
the commission shall be filled in the same manner as the 
original appointment. 
(c) DUTIES.— 
(1) REVIEW.—The commission shall conduct a review of 
the strategic posture of the United States, including a strategic 
threat assessment and a detailed review of nuclear weapons 
policy, strategy, and force structure. 
(2) ASSESSMENT AND RECOMMENDATIONS.— 
(A) ASSESSMENT.—The commission shall assess the 
benefits and risks associated with the current strategic 
posture and nuclear weapons policies of the United States. 
(B) RECOMMENDATIONS.—The commission shall make 
recommendations as to the most appropriate strategic pos-
ture and most effective nuclear weapons strategy. 
(d) COOPERATION FROM GOVERNMENT.— 
(1) COOPERATION.—In carrying out its duties, the commis-
sion shall receive the full and timely cooperation of the Sec-
retary of Defense, the Secretary of Energy, the Secretary of 
State, the Director of National Intelligence, and any other 
United States Government official in providing the commission 
with analyses, briefings, and other information necessary for 
the fulfillment of its responsibilities. 
(2) LIAISON.—The Secretary of Defense, the Secretary of 
Energy, the Secretary of State, and the Director of National 
Intelligence shall each designate at least one officer or employee 
of the Department of Defense, the Department of Energy, the 
Department of State, and the intelligence community, respec-
tively, to serve as a liaison officer between the department 
(or the intelligence community, as the case may be) and the 
commission.
H. R. 1585—317 
(e) REPORT.—Not later than December 1, 2008, the commission 
shall submit to the President, the Secretary of Defense, the Sec-
retary of Energy, the Secretary of State, the Committee on Armed 
Services of the Senate, and the Committee on Armed Services 
of the House of Representatives a report on the commission’s 
findings, conclusions, and recommendations. The report shall iden-
tify the strategic posture and nuclear weapons strategy rec-
ommended under subsection (c)(2)(B) and shall include— 
(1) the military capabilities and force structure necessary 
to support the strategy, including both nuclear and non-nuclear 
capabilities that might support the strategy; 
(2) the number of nuclear weapons required to support 
the strategy, including the number of replacement warheads 
required, if any; 
(3) the appropriate qualitative analysis, including force- 
on-force exchange modeling, to calculate the effectiveness of 
the strategy under various scenarios; 
(4) the nuclear infrastructure (that is, the size of the 
nuclear complex) required to support the strategy; 
(5) an assessment of the role of missile defenses in the 
strategy; 
(6) an assessment of the role of nonproliferation programs 
in the strategy; 
(7) the political and military implications of the strategy 
for the United States and its allies; and 
(8) any other information or recommendations relating to 
the strategy (or to the strategic posture) that the commission 
considers appropriate. 
(f) FUNDING.—Of the amounts appropriated or otherwise made 
available pursuant to this Act to the Department of Defense, 
$5,000,000 is available to fund the activities of the commission. 
(g) TERMINATION.—The commission shall terminate on June 
1, 2009. 
SEC. 1063. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, United States 
Code, is amended as follows: 
(1) Chapter 3 is amended— 
(A) by redesignating the section 127c added by section 
1201(a) of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 
2410) as section 127d and transferring that section so 
as to appear immediately after the section 127c added 
by section 1231(a) of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3467); and 
(B) by revising the table of sections at the beginning 
of such chapter to reflect the redesignation and transfer 
made by paragraph (1). 
(2) Section 629(d)(1) is amended by inserting a comma 
after ‘‘(a)’’. 
(3) Section 662(b) is amended by striking ‘‘paragraphs (1), 
(2), and (3) of subsection (a)’’ and inserting ‘‘paragraphs (1) 
and (2) of subsection (a)’’. 
(4) Subsections (c) and (d) of section 948r are each amended 
by striking ‘‘Defense Treatment Act of 2005’’ each place it 
appears and inserting ‘‘Detainee Treatment Act of 2005’’.
H. R. 1585—318 
(5) The table of sections at the beginning of subchapter 
VI of chapter 47A is amended by striking the item relating 
to section 950j and inserting the following: 
‘‘950j. Finality of proceedings, findings, and sentences.’’. 
(6) Section 950f(b) is amended by striking ‘‘No person may 
be serve’’ and inserting ‘‘No person may serve’’. 
(7) The heading for section 950j is amended by striking 
‘‘Finality or’’ and inserting ‘‘Finality of’’. 
(8) Section 1034(b)(2) is amended by inserting ‘‘unfavorable’’ 
before ‘‘action’’ the second place it appears. 
(9) Section 1588(d)(1)(B) is amended by striking ‘‘the Act 
of March 9, 1920, commonly known as the ‘Suits in Admiralty 
Act’ (41 Stat. 525; 46 U.S.C. App. 741 et seq.) and the Act 
of March 3, 1925, commonly known as the ‘Public Vessels 
Act’ (43 Stat. 1112; 46 U.S.C. App. 781 et seq.)’’ and inserting 
‘‘chapters 309 and 311 of title 46’’. 
(10) The table of sections at the beginning of chapter 137 
is amended by striking the item relating to section 2333 and 
inserting the following new item: 
‘‘2333. Joint policies on requirements definition, contingency program management, 
and contingency contracting.’’. 
(11) The table of sections at the beginning of chapter 141 
is amended by inserting a period at the end of the item relating 
to section 2410p. 
(12) The table of sections at the beginning of chapter 152 
is amended by inserting a period at the end of the item relating 
to section 2567. 
(13) Section 2583(e) is amended by striking ‘‘DOGS’’ and 
inserting ‘‘ANIMALS’’. 
(14) Section 2668(e) is amended by striking ‘‘and (d)’’ and 
inserting ‘‘and (e)’’. 
(15) Section 12304(a) is amended by striking the second 
period at the end. 
(16) Section 14310(d)(1) is amended by inserting a comma 
after ‘‘(a)’’. 
(b) TITLE 37, UNITED STATES CODE.—Section 302c(d)(1) of title 
37, United States Code, is amended by striking ‘‘Services Corps’’ 
and inserting ‘‘Service Corps’’. 
(c) JOHN WARNER NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2007.—Effective as of October 17, 2006, and as if 
included therein as enacted, the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364) is 
amended as follows: 
(1) Section 333(a) (120 Stat. 2151) is amended— 
(A) by striking ‘‘Section 332(c)’’ and inserting ‘‘Section 
332’’; and 
(B) in paragraph (1), by inserting ‘‘in subsection (c),’’ 
after ‘‘(1)’’. 
(2) Section 348(2) (120 Stat. 2159) is amended by striking 
‘‘60 days of’’ and inserting ‘‘60 days after’’. 
(3) Section 511(a)(2)(D)(i) (120 Stat. 2182) is amended by 
inserting a comma after ‘‘title’’. 
(4) Section 591(b)(1) (120 Stat. 2233) is amended by 
inserting a period after ‘‘this title’’.
H. R. 1585—319 
(5) Section 606(b)(1)(A) (120 Stat. 2246) is amended by 
striking ‘‘in’’ and inserting ‘‘In’’. 
(6) Section 670(b) (120 Stat. 2269) is amended by striking 
‘‘such title’’ and inserting ‘‘such chapter’’. 
(7) Section 673 (120 Stat. 2271) is amended— 
(A) in subsection (a)(1), by inserting ‘‘the second place 
it appears’’ before ‘‘and inserting’’; 
(B) in subsection (b)(1)— 
(i) by striking ‘‘Section’’ and inserting ‘‘Subsection 
(a) of section’’; and 
(ii) by inserting ‘‘the second place it appears’’ before 
‘‘and inserting’’; and 
(C) in subsection (c)(1), by inserting ‘‘the second place 
it appears’’ before ‘‘and inserting’’. 
(8) Section 842(a)(2) (120 Stat. 2337) is amended by striking 
‘‘adding at the end’’ and inserting ‘‘inserting after the item 
relating to section 2533a’’. 
(9) Section 1017(b)(2) (120 Stat. 2379; 10 U.S.C. 2631 note) 
is amended by striking ‘‘section 27’’ and all that follows through 
the period at the end and inserting ‘‘sections 12112 and 50501 
and chapter 551 of title 46, United States Code.’’. 
(10) Section 1071(f) (120 Stat. 2402) is amended by striking 
‘‘identical’’ both places it appears. 
(11) Section 1231(d) (120 Stat. 2430; 22 U.S.C. 2776a(d)) 
is amended by striking ‘‘note’’. 
(12) Section 2404(b)(2)(A)(ii) (120 Stat. 2459) is amended 
by striking ‘‘2906 of such Act’’ and inserting ‘‘2906A of such 
Act’’. 
(13) Section 2831 (120 Stat. 2480) is amended— 
(A) by striking ‘‘Section 2667(d)’’ and inserting ‘‘Section 
2667(e)’’; and 
(B) by inserting ‘‘as redesignated by section 662(b)(1) 
of this Act,’’ after ‘‘Code,’’. 
(d) PUBLIC LAW 109–366.—Effective as of October 17, 2006, 
and as if included therein as enacted, Public Law 109–366 is 
amended as follows: 
(1) Section 8(a)(3) (120 Stat. 2636) is amended by inserting 
a semicolon after ‘‘subsection’’. 
(2) Section 9(1) (120 Stat. 2636) is amended by striking 
‘‘No. 1.’’ and inserting ‘‘No. 1,’’. 
(e) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 
2006.—Effective as of January 6, 2006, and as if included therein 
as enacted, the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109–163) is amended as follows: 
(1) Section 571 (119 Stat. 3270) is amended by striking 
‘‘931 et seq.)’’ and inserting ‘‘921 et seq.)’’. 
(2) Section 1052(j) (119 Stat. 3435) is amended by striking 
‘‘Section 1049’’ and inserting ‘‘Section 1409’’. 
(f) MILITARY COMMISSIONS ACT OF 2006.—Section 7 of the Mili-
tary Commissions Act of 2006 (Public Law 109–366) is amended 
by striking ‘‘added by added by’’ and inserting ‘‘added by’’. 
(g) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 
2004.—The National Defense Authorization Act for Fiscal Year 
2004 (Public Law 108–136) is amended as follows: 
(1) Section 706(a) (117 Stat. 1529; 10 U.S.C. 1076b note) 
is amended by striking ‘‘those program’’ and inserting ‘‘those 
programs’’.
H. R. 1585—320 
(2) Section 1413(a) (117 Stat. 1665; 41 U.S.C. 433 note) 
is amended by striking ‘‘(A))’’ and inserting ‘‘(A)))’’. 
(3) Section 1602(e)(3) (117 Stat. 1683; 10 U.S.C. 2302 note) 
is amended by inserting ‘‘Security’’ after ‘‘Health’’. 
(h) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 
1994.—Section 845(a) of the National Defense Authorization Act 
for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended— 
(1) in paragraph (2)(A), by inserting ‘‘Research’’ after 
‘‘Defense Advanced’’; and 
(2) in paragraph (3), by inserting ‘‘Research’’ after ‘‘Defense 
Advanced’’. 
(i) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 
1993.—Section 722(a)(1) of the National Defense Authorization Act 
for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1073 note) 
is amended by striking ‘‘155 Stat.’’ and inserting ‘‘115 Stat.’’. 
SEC. 1064. REPEAL OF CERTIFICATION REQUIREMENT. 
Section 1063 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3445) is repealed. 
SEC. 1065. MAINTENANCE OF CAPABILITY FOR SPACE-BASED NUCLEAR 
DETECTION. 
The Secretary of Defense shall maintain the capability for 
space-based nuclear detection at a level that meets or exceeds 
the level of capability as of the date of the enactment of this 
Act. 
SEC. 1066. SENSE OF CONGRESS REGARDING DETAINEES AT NAVAL 
STATION, GUANTANAMO BAY, CUBA. 
It is the sense of Congress that— 
(1) the Nation extends its gratitude to the military per-
sonnel who guard and interrogate some of the world’s most 
dangerous men every day at Naval Station, Guantanamo Bay, 
Cuba; 
(2) the United States Government should urge the inter-
national community, in general, and in particular, the home 
countries of the detainees who remain in detention despite 
having been ordered released by a Department of Defense 
administrative review board, to work with the Department 
of Defense to facilitate and expedite the repatriation of such 
detainees; 
(3) detainees at Guantanamo Bay, to the maximum extent 
possible, should be charged and expeditiously prosecuted for 
crimes committed against the United States; and 
(4) operations at Guantanamo Bay should be carried out 
in a way that upholds the national interest and core values 
of the American people. 
SEC. 1067. A REPORT ON TRANSFERRING INDIVIDUALS DETAINED AT 
NAVAL STATION, GUANTANAMO BAY, CUBA. 
(a) REPORT REQUIRED.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report that contains 
the Secretary’s plan for each individual presently detained at Naval 
Station, Guantanamo Bay, Cuba, under the control of the Joint 
Task Force Guantanamo, who is or has ever been classified as 
an ‘‘enemy combatant’’ (referred to in this section as a ‘‘detainee’’).
H. R. 1585—321 
(b) CONTENTS
OF REPORT.—The report required under sub-
section (a) shall include each of the following: 
(1) An identification of the number of detainees who, as 
of December 31, 2007, the Department estimates— 
(A) will have been or will be charged with one or 
more crimes and may, therefore, be tried before a military 
commission; 
(B) will be subject of an order calling for the release 
or transfer of the detainee from the Guantanamo Bay 
facility; or 
(C) will not have been charged with any crimes and 
will not be subject to an order calling for the release or 
transfer of the detainee from the Guantanamo Bay facility, 
but whom the Department wishes to continue to detain. 
(2) A description of the actions required to be undertaken, 
by the Secretary of Defense, possibly the heads of other Federal 
agencies, and Congress, to ensure that detainees who are sub-
ject to an order calling for their release or transfer from the 
Guantanamo Bay facility have, in fact, been released. 
(c) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form but may contain a classified annex. 
SEC. 1068. REPEAL OF PROVISIONS IN SECTION 1076 OF PUBLIC LAW 
109–364 RELATING TO USE OF ARMED FORCES IN MAJOR 
PUBLIC EMERGENCIES. 
(a) INTERFERENCE WITH STATE AND FEDERAL LAWS.— 
(1) IN GENERAL.—Section 333 of title 10, United States 
Code, is amended to read as follows: 
‘‘§ 333. Interference with State and Federal law 
‘‘The President, by using the militia or the armed forces, or 
both, or by any other means, shall take such measures as he 
considers necessary to suppress, in a State, any insurrection, 
domestic violence, unlawful combination, or conspiracy, if it— 
‘‘(1) so hinders the execution of the laws of that State, 
and of the United States within the State, that any part or 
class of its people is deprived of a right, privilege, immunity, 
or protection named in the Constitution and secured by law, 
and the constituted authorities of that State are unable, fail, 
or refuse to protect that right, privilege, or immunity, or to 
give that protection; or 
‘‘(2) opposes or obstructs the execution of the laws of the 
United States or impedes the course of justice under those 
laws. 
In any situation covered by clause (1), the State shall be considered 
to have denied the equal protection of the laws secured by the 
Constitution.’’. 
(2) PROCLAMATION TO DISPERSE.—Section 334 of such title 
is amended by striking ‘‘or those obstructing the enforcement 
of the laws’’ after ‘‘insurgents’’. 
(3) HEADING AMENDMENT.—The heading of chapter 15 of 
such title is amended to read as follows: 
‘‘CHAPTER 15—INSURRECTION’’. 
(4) CLERICAL AMENDMENTS.—
H. R. 1585—322 
(A) The table of sections at the beginning of chapter 
15 of such title is amended by striking the item relating 
to section 333 and inserting the following new item: 
‘‘333. Interference with State and Federal law.’’. 
(B) The tables of chapters at the beginning of subtitle 
A of title 10, United States Code, and at the beginning 
of part I of such subtitle, are each amended by striking 
the item relating to chapter 15 and inserting the following 
new item: 
‘‘15. Insurrection .....................................................................................................
331’’. 
(b) REPEAL OF SECTION RELATING TO PROVISION OF SUPPLIES, 
SERVICES, AND EQUIPMENT.— 
(1) IN GENERAL.—Section 2567 of title 10, United States 
Code, is repealed. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 152 of such title is amended by striking 
the item relating to section 2567. 
(c) CONFORMING AMENDMENT.—Section 12304(c) of such title 
is amended by striking ‘‘Except to perform’’ and all that follows 
through ‘‘this section’’ and inserting ‘‘No unit or member of a 
reserve component may be ordered to active duty under this section 
to perform any of the functions authorized by chapter 15 or section 
12406 of this title or, except as provided in subsection (b),’’. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the date of the enactment of this Act. 
SEC. 1069. STANDARDS REQUIRED FOR ENTRY TO MILITARY INSTALLA-
TIONS IN UNITED STATES. 
(a) DEVELOPMENT OF STANDARDS.— 
(1) ACCESS
STANDARDS
FOR
VISITORS.—The Secretary of 
Defense shall develop access standards applicable to all military 
installations in the United States. The standards shall require 
screening standards appropriate to the type of installation 
involved, the security level, category of individuals authorized 
to visit the installation, and level of access to be granted, 
including— 
(A) protocols to determine the fitness of the individual 
to enter an installation; and 
(B) standards and methods for verifying the identity 
of the individual. 
(2) ADDITIONAL CRITERIA.—The standards required under 
paragraph (1) may— 
(A) provide for expedited access to a military installa-
tion for Department of Defense personnel and employees 
and family members of personnel who reside on the 
installation; 
(B) provide for closer scrutiny of categories of individ-
uals determined by the Secretary of Defense to pose a 
higher potential security risk; and 
(C) in the case of an installation that the Secretary 
determines contains particularly sensitive facilities, provide 
additional screening requirements, as well as physical and 
other security measures for the installation. 
(b) USE OF TECHNOLOGY.—The Secretary of Defense is encour-
aged to procure and field existing identification screening technology 
and to develop additional technology only to the extent necessary
H. R. 1585—323 
to assist commanders of military installations in implementing the 
standards developed under this section at points of entry for such 
installations. 
(c) DEADLINES.— 
(1) DEVELOPMENT
AND
IMPLEMENTATION.—The Secretary 
of Defense shall develop the standards required under this 
section by not later than July 1, 2008, and implement such 
standards by not later than January 1, 2009. 
(2) SUBMISSION TO CONGRESS.—Not later than August 1, 
2009, the Secretary shall submit to the Committees on Armed 
Services of the Senate and House of Representatives the stand-
ards implemented pursuant to paragraph (1). 
SEC. 1070. REVISED NUCLEAR POSTURE REVIEW. 
(a) REQUIREMENT FOR COMPREHENSIVE REVIEW.—In order to 
clarify United States nuclear deterrence policy and strategy for 
the near term, the Secretary of Defense shall conduct a comprehen-
sive review of the nuclear posture of the United States for the 
next 5 to 10 years. The Secretary shall conduct the review in 
consultation with the Secretary of Energy and the Secretary of 
State. 
(b) ELEMENTS OF REVIEW.—The nuclear posture review shall 
include the following elements: 
(1) The role of nuclear forces in United States military 
strategy, planning, and programming. 
(2) The policy requirements and objectives for the United 
States to maintain a safe, reliable, and credible nuclear deter-
rence posture. 
(3) The relationship among United States nuclear deter-
rence policy, targeting strategy, and arms control objectives. 
(4) The role that missile defense capabilities and conven-
tional strike forces play in determining the role and size of 
nuclear forces. 
(5) The levels and composition of the nuclear delivery sys-
tems that will be required for implementing the United States 
national and military strategy, including any plans for replacing 
or modifying existing systems. 
(6) The nuclear weapons complex that will be required 
for implementing the United States national and military 
strategy, including any plans to modernize or modify the com-
plex. 
(7) The active and inactive nuclear weapons stockpile that 
will be required for implementing the United States national 
and military strategy, including any plans for replacing or 
modifying warheads. 
(c) REPORT
TO CONGRESS.—The Secretary of Defense shall 
submit to Congress, in unclassified and classified forms as nec-
essary, a report on the results of the nuclear posture review con-
ducted under this section. The report shall be submitted concur-
rently with the quadrennial defense review required to be submitted 
under section 118 of title 10, United States Code, in 2009. 
(d) SENSE
OF CONGRESS.—It is the sense of Congress that 
the nuclear posture review conducted under this section should 
be used as a basis for establishing future United States arms 
control objectives and negotiating positions.
H. R. 1585—324 
SEC. 1071. TERMINATION OF COMMISSION ON THE IMPLEMENTATION 
OF THE NEW STRATEGIC POSTURE OF THE UNITED 
STATES. 
Section 1051 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3431) is repealed. 
SEC. 1072. SECURITY CLEARANCES; LIMITATIONS. 
(a) IN GENERAL.—Title III of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (50 U.S.C. 435b) is amended by 
adding at the end the following new section: 
‘‘SEC. 3002. SECURITY CLEARANCES; LIMITATIONS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CONTROLLED SUBSTANCE.—The term ‘controlled sub-
stance’ has the meaning given that term in section 102 of 
the Controlled Substances Act (21 U.S.C. 802). 
‘‘(2) COVERED PERSON.—The term ‘covered person’ means— 
‘‘(A) an officer or employee of a Federal agency; 
‘‘(B) a member of the Army, Navy, Air Force, or Marine 
Corps who is on active duty or is in an active status; 
and 
‘‘(C) an officer or employee of a contractor of a Federal 
agency. 
‘‘(3) RESTRICTED DATA.—The term ‘Restricted Data’ has the 
meaning given that term in section 11 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2014). 
‘‘(4) SPECIAL ACCESS PROGRAM.—The term ‘special access 
program’ has the meaning given that term in section 4.1 of 
Executive Order No. 12958 (60 Fed. Reg. 19825). 
‘‘(b) PROHIBITION.—After January 1, 2008, the head of a Federal 
agency may not grant or renew a security clearance for a covered 
person who is an unlawful user of a controlled substance or an 
addict (as defined in section 102(1) of the Controlled Substances 
Act (21 U.S.C. 802)). 
‘‘(c) DISQUALIFICATION.— 
‘‘(1) IN GENERAL.—After January 1, 2008, absent an express 
written waiver granted in accordance with paragraph (2), the 
head of a Federal agency may not grant or renew a security 
clearance described in paragraph (3) for a covered person who— 
‘‘(A) has been convicted in any court of the United 
States of a crime, was sentenced to imprisonment for a 
term exceeding 1 year, and was incarcerated as a result 
of that sentence for not less than 1 year; 
‘‘(B) has been discharged or dismissed from the Armed 
Forces under dishonorable conditions; or 
‘‘(C) is mentally incompetent, as determined by an 
adjudicating authority, based on an evaluation by a duly 
qualified mental health professional employed by, or accept-
able to and approved by, the United States Government 
and in accordance with the adjudicative guidelines required 
by subsection (d). 
‘‘(2) WAIVER AUTHORITY.—In a meritorious case, an excep-
tion to the disqualification in this subsection may be authorized 
if there are mitigating factors. Any such waiver may be author-
ized only in accordance with—
H. R. 1585—325 
‘‘(A) standards and procedures prescribed by, or under 
the authority of, an Executive order or other guidance 
issued by the President; or 
‘‘(B) the adjudicative guidelines required by subsection 
(d). 
‘‘(3) COVERED
SECURITY
CLEARANCES.—This subsection 
applies to security clearances that provide for access to— 
‘‘(A) special access programs; 
‘‘(B) Restricted Data; or 
‘‘(C) any other information commonly referred to as 
‘sensitive compartmented information’. 
‘‘(4) ANNUAL REPORT.— 
‘‘(A) REQUIREMENT FOR REPORT.—Not later than Feb-
ruary 1 of each year, the head of a Federal agency shall 
submit a report to the appropriate committees of Congress 
if such agency employs or employed a person for whom 
a waiver was granted in accordance with paragraph (2) 
during the preceding year. Such annual report shall not 
reveal the identity of such person, but shall include for 
each waiver issued the disqualifying factor under para-
graph (1) and the reasons for the waiver of the disqualifying 
factor. 
‘‘(B) DEFINITIONS.—In this paragraph: 
‘‘(i) APPROPRIATE COMMITTEES OF CONGRESS.—The 
term ‘appropriate committees of Congress’ means, with 
respect to a report submitted under subparagraph (A) 
by the head of a Federal agency— 
‘‘(I) the congressional defense committees; 
‘‘(II) the congressional intelligence committees; 
‘‘(III) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
‘‘(IV) the Committee on Oversight and Govern-
ment Reform of the House of Representatives; and 
‘‘(V) each Committee of the Senate or the 
House of Representatives with oversight authority 
over such Federal agency. 
‘‘(ii) CONGRESSIONAL DEFENSE COMMITTEES.—The 
term ‘congressional defense committees’ has the 
meaning given that term in section 101(a)(16) of title 
10, United States Code. 
‘‘(iii) 
CONGRESSIONAL
INTELLIGENCE
COMMIT-
TEES.—The term ‘congressional intelligence commit-
tees’ has the meaning given that term in section 3 
of the National Security Act of 1947 (50 U.S.C. 401a). 
‘‘(d) ADJUDICATIVE GUIDELINES.— 
‘‘(1) REQUIREMENT
TO
ESTABLISH.—The President shall 
establish adjudicative guidelines for determining eligibility for 
access to classified information. 
‘‘(2) REQUIREMENTS
RELATED
TO
MENTAL
HEALTH.—The 
guidelines required by paragraph (1) shall— 
‘‘(A) include procedures and standards under which 
a covered person is determined to 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.—
H. R. 1585—326 
(1) REPEAL.—Section 986 of title 10, United States Code, 
is repealed. 
(2) CLERICAL AMENDMENT.—The table of sections 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 sub-
section 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 Intelligence shall implement a dem-
onstration project that applies new and innovative approaches to 
improve the processing of requests for security clearances. 
(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 Sec-
retary of Defense and the Director of National Intelligence shall 
submit to Congress a report on— 
(1) the results of the demonstration project carried out 
pursuant to subsection (a); 
(2) the results of the evaluation carried out under sub-
section (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 civilian employees of the Department of 
Defense to provide physical protection and personal security within 
the 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 Secretary and in accordance 
with guidelines approved by the Secretary and the Attorney 
General, may authorize 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
H. R. 1585—327 
the Secretary determines that such protection and security 
are necessary because— 
(A) there is an imminent and credible threat to the 
safety of the individual for whom protection is to be pro-
vided; or 
(B) compelling operational considerations make such 
protection essential to the conduct of official Department 
of Defense business. 
(2) PERSONNEL.—Individuals authorized to receive physical 
protection and personal security under this subsection include 
the following: 
(A) Any official, military member, or employee 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 business with the Department of Defense. 
(D) Any member of the immediate family of a person 
authorized to receive physical protection and personal secu-
rity under this section. 
(E) An individual who has been designated by the 
President, and who has received the advice and consent 
of the Senate, to serve as Secretary of Defense, but who 
has not yet been appointed as Secretary of Defense. 
(3) LIMITATION ON DELEGATION.—The authority of the Sec-
retary of Defense to authorize the provision of physical protec-
tion and personal security under this subsection may be dele-
gated only to the Deputy Secretary of Defense. 
(4) REQUIREMENT FOR WRITTEN DETERMINATION.—A deter-
mination of the Secretary of Defense to provide physical protec-
tion and personal security under this subsection shall be in 
writing, shall be based on a threat assessment by an appro-
priate 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 arrange-
ments 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 indi-
vidual 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 described in subparagraph (A) or (B) of paragraph 
(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 Sec-
retary shall review such a determination at the end of
H. R. 1585—328 
each 60-day period to determine whether to continue to 
provide such protection and security. 
(C) REQUIREMENT
FOR
COMPLIANCE
WITH
REGULA-
TIONS.—Protection and personal security 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 Defense shall 
submit to the congressional defense committees each deter-
mination made under paragraph (4) to provide protection 
and security to an individual and of each determination 
under paragraph (5)(B) to extend such protection and secu-
rity, together with the justification for such determination, 
not later than 15 days after the date on which the deter-
mination is made. 
(B) FORM
OF
REPORT.—A report submitted under 
subparagraph (A) may be made in classified form. 
(C) REGULATIONS AND GUIDELINES.—The Secretary of 
Defense shall submit to the congressional defense commit-
tees the regulations and guidelines prescribed pursuant 
to paragraph (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 Committee on Armed Services of the 
Senate and the Committee on Appropriations and the Com-
mittee on Armed Services of the House of Representatives. 
(2) QUALIFIED MEMBERS OF THE ARMED FORCES AND QUALI-
FIED CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE.— 
The terms ‘‘qualified members of the Armed Forces’’ and ‘‘quali-
fied civilian employees of the Department of Defense’’ refer 
collectively to members or employees who are assigned to inves-
tigative, law enforcement, or security duties of any of the fol-
lowing: 
(A) The Army Criminal Investigation Command. 
(B) The Naval Criminal Investigative Service. 
(C) The Air Force Office of Special Investigations. 
(D) The Defense Criminal Investigative Service. 
(E) The Pentagon Force Protection Agency. 
(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. 
(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