National Defense Authorization Act for Fiscal Year 2008
PL 110-181 (H.R.4986), enacted 01/28/2008

122 STAT. 3 
PUBLIC LAW 110–181—JAN. 28, 2008 
Public Law 110–181 
110th Congress 
An Act 
To provide for the enactment of the National Defense Authorization Act for Fiscal 
Year 2008, as previously enrolled, with certain modifications to address the foreign 
sovereign immunities provisions of title 28, United States Code, with respect 
to the attachment of property in certain judgments against Iraq, the lapse of 
statutory authorities for the payment of bonuses, special pays, and similar benefits 
for members of the uniformed services, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TREATMENT OF EXPLANATORY STATEMENT. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘National 
Defense Authorization Act for Fiscal Year 2008’’. 
(b) EXPLANATORY STATEMENT.—The Joint Explanatory State-
ment submitted by the Committee of Conference for the conference 
report to accompany H.R. 1585 of the 110th Congress (Report 
110–477) shall be deemed to be part of the legislative history 
of this Act and shall have the same effect with respect to the 
implementation of this Act as it would have had with respect 
to the implementation of H.R. 1585, if such bill had been enacted. 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 
(a) DIVISIONS.—This Act is organized into three divisions as 
follows: 
(1) Division A—Department of Defense Authorizations. 
(2) Division B—Military Construction Authorizations. 
(3) Division C—Department of Energy National Security 
Authorizations and Other Authorizations. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; treatment of explanatory statement. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees. 
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. National Guard and Reserve equipment. 
Subtitle B—Army Programs 
Sec. 111. Multiyear procurement authority for M1A2 Abrams System Enhancement 
Package upgrades. 
Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley fighting vehicle 
upgrades. 
National Defense 
Authorization 
Act for Fiscal 
Year 2008. 
Jan. 28, 2008 
[H.R. 4986] 
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122 STAT. 4 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 113. Multiyear procurement authority for conversion of CH–47D helicopters to 
CH–47F configuration. 
Sec. 114. Multiyear procurement authority for CH–47F helicopters. 
Sec. 115. Limitation on use of funds for Increment 1 of the Warfighter Information 
Network-Tactical program pending certification to Congress. 
Sec. 116. Prohibition on closure of Army Tactical Missile System production line 
pending report. 
Sec. 117. Stryker Mobile Gun System. 
Subtitle C—Navy Programs 
Sec. 121. Multiyear procurement authority for Virginia-class submarine program. 
Sec. 122. Report on shipbuilding investment strategy. 
Sec. 123. Sense of Congress on the preservation of a skilled United States shipyard 
workforce. 
Sec. 124. Assessments required prior to start of construction on first ship of a ship-
building program. 
Sec. 125. Littoral Combat Ship (LCS) program. 
Subtitle D—Air Force Programs 
Sec. 131. Limitation on Joint Cargo Aircraft. 
Sec. 132. Clarification of limitation on retirement of U–2 aircraft. 
Sec. 133. Repeal of requirement to maintain retired C–130E tactical aircraft. 
Sec. 134. Limitation on retirement of C–130E/H tactical airlift aircraft. 
Sec. 135. Limitation on retirement of KC–135E aerial refueling aircraft. 
Sec. 136. Transfer to Government of Iraq of three C–130E tactical airlift aircraft. 
Sec. 137. Modification of limitations on retirement of B–52 bomber aircraft. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for defense science and technology. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Operational test and evaluation of Future Combat Systems network. 
Sec. 212. Limitation on use of funds for systems development and demonstration 
of Joint Light Tactical Vehicle program. 
Sec. 213. Requirement to obligate and expend funds for development and procure-
ment of a competitive propulsion system for the Joint Strike Fighter. 
Sec. 214. Limitation on use of funds for defense-wide manufacturing science and 
technology program. 
Sec. 215. Advanced Sensor Applications Program. 
Sec. 216. Active protection systems. 
Subtitle C—Ballistic Missile Defense 
Sec. 221. Participation of Director, Operational Test and Evaluation, in missile de-
fense test and evaluation activities. 
Sec. 222. Study on future roles and missions of the Missile Defense Agency. 
Sec. 223. Budget and acquisition requirements for Missile Defense Agency activi-
ties. 
Sec. 224. Limitation on use of funds for replacing warhead on SM–3 Block IIA mis-
sile. 
Sec. 225. Extension of Comptroller General assessments of ballistic missile defense 
programs. 
Sec. 226. Limitation on availability of funds for procurement, construction, and de-
ployment of missile defenses in Europe. 
Sec. 227. Sense of Congress on missile defense cooperation with Israel. 
Sec. 228. Limitation on availability of funds for deployment of missile defense 
interceptors in Alaska. 
Sec. 229. Policy of the United States on protection of the United States and its al-
lies against Iranian ballistic missiles. 
Subtitle D—Other Matters 
Sec. 231. Coordination of human systems integration activities related to acquisi-
tion programs. 
Sec. 232. Expansion of authority for provision of laboratory facilities, services, and 
equipment. 
Sec. 233. Modification of cost-sharing requirement for Technology Transition Initia-
tive. 
Sec. 234. Report on implementation of Manufacturing Technology Program. 
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122 STAT. 5 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 235. Assessment of sufficiency of test and evaluation personnel. 
Sec. 236. Repeal of requirement for separate reports on technology area review and 
assessment summaries. 
Sec. 237. Modification of notice and wait requirement for obligation of funds for for-
eign comparative test program. 
Sec. 238. Strategic Plan for the Manufacturing Technology Program. 
Sec. 239. Modification of authorities on coordination of Defense Experimental Pro-
gram to Stimulate Competitive Research with similar Federal programs. 
Sec. 240. Enhancement of defense nanotechnology research and development pro-
gram. 
Sec. 241. Federally funded research and development center assessment of the De-
fense Experimental Program to Stimulate Competitive Research. 
Sec. 242. Cost-benefit analysis of proposed funding reduction for High Energy 
Laser Systems Test Facility. 
Sec. 243. Prompt global strike. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Subtitle B—Environmental Provisions 
Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in 
connection with Moses Lake Wellfield Superfund Site, Moses Lake, 
Washington. 
Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in 
connection with the Arctic Surplus Superfund Site, Fairbanks, Alaska. 
Sec. 313. Payment to Environmental Protection Agency of stipulated penalties in 
connection with Jackson Park Housing Complex, Washington. 
Sec. 314. Report on control of the brown tree snake. 
Sec. 315. Notification of certain residents and civilian employees at Camp Lejeune, 
North Carolina, of exposure to drinking water contamination. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Availability of funds in Defense Information Systems Agency Working 
Capital Fund for technology upgrades to Defense Information Systems 
Network. 
Sec. 322. Modification to public-private competition requirements before conversion 
to contractor performance. 
Sec. 323. Public-private competition at end of period specified in performance 
agreement not required. 
Sec. 324. Guidelines on insourcing new and contracted out functions. 
Sec. 325. Restriction on Office of Management and Budget influence over Depart-
ment of Defense public-private competitions. 
Sec. 326. Bid protests by Federal employees in actions under Office of Management 
and Budget Circular A–76. 
Sec. 327. Public-private competition required before conversion to contractor per-
formance. 
Sec. 328. Extension of authority for Army industrial facilities to engage in coopera-
tive activities with non-Army entities. 
Sec. 329. Reauthorization and modification of multi-trades demonstration project. 
Sec. 330. Pilot program for availability of working-capital funds to Army for certain 
product improvements. 
Subtitle D—Extension of Program Authorities 
Sec. 341. Extension of Arsenal Support Program Initiative. 
Sec. 342. Extension of period for reimbursement for helmet pads purchased by 
members of the Armed Forces deployed in contingency operations. 
Sec. 343. Extension of temporary authority for contract performance of security 
guard functions. 
Subtitle E—Reports 
Sec. 351. Reports on National Guard readiness for emergencies and major disas-
ters. 
Sec. 352. Annual report on prepositioned materiel and equipment. 
Sec. 353. Report on incremental cost of early 2007 enhanced deployment. 
Sec. 354. Modification of requirements of Comptroller General report on the readi-
ness of Army and Marine Corps ground forces. 
Sec. 355. Plan to improve readiness of ground forces of active and reserve compo-
nents. 
Sec. 356. Independent assessment of Civil Reserve Air Fleet viability. 
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122 STAT. 6 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 357. Department of Defense Inspector General report on physical security of 
Department of Defense installations. 
Sec. 358. Review of high-altitude aviation training. 
Sec. 359. Reports on safety measures and encroachment issues and master plan for 
Warren Grove Gunnery Range, New Jersey. 
Sec. 360. Report on search and rescue capabilities of the Air Force in the north-
western United States. 
Sec. 361. Report and master infrastructure recapitalization plan for Cheyenne 
Mountain Air Station, Colorado. 
Subtitle F—Other Matters 
Sec. 371. Enhancement of corrosion control and prevention functions within De-
partment of Defense. 
Sec. 372. Authority for Department of Defense to provide support for certain sport-
ing events. 
Sec. 373. Authority to impose reasonable restrictions on payment of full replace-
ment value for lost or damaged personal property transported at Gov-
ernment expense. 
Sec. 374. Priority transportation on Department of Defense aircraft of retired mem-
bers residing in Commonwealths and possessions of the United States 
for certain health care services. 
Sec. 375. Recovery of missing military property. 
Sec. 376. Retention of combat uniforms by members of the Armed Forces deployed 
in support of contingency operations. 
Sec. 377. Issue of serviceable material of the Navy other than to Armed Forces. 
Sec. 378. Reauthorization of Aviation Insurance Program. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Sec. 403. Additional authority for increases of Army and Marine Corps active duty 
end strengths for fiscal years 2009 and 2010. 
Sec. 404. Increase in authorized strengths for Army officers on active duty in the 
grade of major. 
Sec. 405. Increase in authorized strengths for Navy officers on active duty in the 
grades of lieutenant commander, commander, and captain. 
Sec. 406. Increase in authorized daily average of number of members in pay grade 
E–9. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2008 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active duty 
for operational support. 
Sec. 416. Future authorizations and accounting for certain reserve component per-
sonnel authorized to be on active duty or full-time National Guard duty 
to provide operational support. 
Sec. 417. Revision of variances authorized for Selected Reserve end strengths. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
TITLE V—MILITARY PERSONNEL POLICY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Assignment of officers to designated positions of importance and responsi-
bility. 
Sec. 502. Enhanced authority for Reserve general and flag officers to serve on ac-
tive duty. 
Sec. 503. Increase in years of commissioned service threshold for discharge of pro-
bationary officers and for use of force shaping authority. 
Sec. 504. Mandatory retirement age for active-duty general and flag officers contin-
ued on active duty. 
Sec. 505. Authority for reduced mandatory service obligation for initial appoint-
ments of officers in critically short health professional specialties. 
Sec. 506. Expansion of authority for reenlistment of officers in their former enlisted 
grade. 
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122 STAT. 7 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 507. Increase in authorized number of permanent professors at the United 
States Military Academy. 
Sec. 508. Promotion of career military professors of the Navy. 
Subtitle B—Reserve Component Management 
Sec. 511. Retention of military technicians who lose dual status in the Selected Re-
serve due to combat-related disability. 
Sec. 512. Constructive service credit upon original appointment of Reserve officers 
in certain health care professions. 
Sec. 513. Mandatory separation of Reserve officers in the grade of lieutenant gen-
eral or vice admiral after completion of 38 years of commissioned serv-
ice. 
Sec. 514. Maximum period of temporary Federal recognition of person as Army Na-
tional Guard officer or Air National Guard officer. 
Sec. 515. Advance notice to members of reserve components of deployment in sup-
port of contingency operations. 
Sec. 516. Report on relief from professional licensure and certification requirements 
for reserve component members on long-term active duty. 
Subtitle C—Education and Training 
Sec. 521. Revisions to authority to pay tuition for off-duty training or education. 
Sec. 522. Reduction or elimination of service obligation in an Army Reserve or 
Army National Guard troop program unit for certain persons selected as 
medical students at Uniformed Services University of the Health 
Sciences. 
Sec. 523. Repeal of annual limit on number of ROTC scholarships under Army Re-
serve and Army National Guard financial assistance program. 
Sec. 524. Treatment of prior active service of members in uniformed medical acces-
sion programs. 
Sec. 525. Repeal of post-2007–2008 academic year prohibition on phased increase 
in cadet strength limit at the United States Military Academy. 
Sec. 526. National Defense University master’s degree programs. 
Sec. 527. Authority of the Air University to confer degree of master of science in 
flight test engineering. 
Sec. 528. Enhancement of education benefits for certain members of reserve compo-
nents. 
Sec. 529. Extension of period of entitlement to educational assistance for certain 
members of the Selected Reserve affected by force shaping initiatives. 
Sec. 530. Time limit for use of educational assistance benefit for certain members 
of reserve components and resumption of benefit. 
Sec. 531. Secretary of Defense evaluation of the adequacy of the degree-granting 
authorities of certain military universities and educational institutions. 
Sec. 532. Report on success of Army National Guard and Reserve Senior Reserve 
Officers’ Training Corps financial assistance program. 
Sec. 533. Report on utilization of tuition assistance by members of the Armed 
Forces. 
Sec. 534. Navy Junior Reserve Officers’ Training Corps unit for Southold, 
Mattituck, and Greenport High Schools. 
Sec. 535. Report on transfer of administration of certain educational assistance pro-
grams for members of the reserve components. 
Subtitle D—Military Justice and Legal Assistance Matters 
Sec. 541. Authority to designate civilian employees of the Federal Government and 
dependents of deceased members as eligible for legal assistance from 
Department of Defense legal staff resources. 
Sec. 542. Authority of judges of the United States Court of Appeals for the Armed 
Forces to administer oaths. 
Sec. 543. Modification of authorities on senior members of the Judge Advocate Gen-
erals’ Corps. 
Sec. 544. Prohibition against members of the Armed Forces participating in crimi-
nal street gangs. 
Subtitle E—Military Leave 
Sec. 551. Temporary enhancement of carryover of accumulated leave for members 
of the Armed Forces. 
Sec. 552. Enhancement of rest and recuperation leave. 
Subtitle F—Decorations and Awards 
Sec. 561. Authorization and request for award of Medal of Honor to Leslie H. Sabo, 
Jr., for acts of valor during the Vietnam War. 
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122 STAT. 8 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 562. Authorization and request for award of Medal of Honor to Henry Svehla 
for acts of valor during the Korean War. 
Sec. 563. Authorization and request for award of Medal of Honor to Woodrow W. 
Keeble for acts of valor during the Korean War. 
Sec. 564. Authorization and request for award of Medal of Honor to Private Philip 
G. Shadrach for acts of valor as one of Andrews’ Raiders during the 
Civil War. 
Sec. 565. Authorization and request for award of Medal of Honor to Private George 
D. Wilson for acts of valor as one of Andrews’ Raiders during the Civil 
War. 
Subtitle G—Impact Aid and Defense Dependents Education System 
Sec. 571. Continuation of authority to assist local educational agencies that benefit 
dependents of members of the Armed Forces and Department of Defense 
civilian employees. 
Sec. 572. Impact aid for children with severe disabilities. 
Sec. 573. Inclusion of dependents of non-Department of Defense employees em-
ployed on Federal property in plan relating to force structure changes, 
relocation of military units, or base closures and realignments. 
Sec. 574. Payment of private boarding school tuition for military dependents in 
overseas areas not served by defense dependents’ education system 
schools. 
Subtitle H—Military Families 
Sec. 581. Department of Defense Military Family Readiness Council and policy and 
plans for military family readiness. 
Sec. 582. Yellow Ribbon Reintegration Program. 
Sec. 583. Study to enhance and improve support services and programs for families 
of members of regular and reserve components undergoing deployment. 
Sec. 584. Protection of child custody arrangements for parents who are members of 
the Armed Forces deployed in support of a contingency operation. 
Sec. 585. Family leave in connection with injured members of the Armed Forces. 
Sec. 586. Family care plans and deferment of deployment of single parent or dual 
military couples with minor dependents. 
Sec. 587. Education and treatment services for military dependent children with 
autism. 
Sec. 588. Commendation of efforts of Project Compassion in paying tribute to mem-
bers of the Armed Forces who have fallen in the service of the United 
States. 
Subtitle I—Other Matters 
Sec. 590. Uniform performance policies for military bands and other musical units. 
Sec. 591. Transportation of remains of deceased members of the Armed Forces and 
certain other persons. 
Sec. 592. Expansion of number of academies supportable in any State under 
STARBASE program. 
Sec. 593. Gift acceptance authority. 
Sec. 594. Conduct by members of the Armed Forces and veterans out of uniform 
during hoisting, lowering, or passing of United States flag. 
Sec. 595. Annual report on cases reviewed by National Committee for Employer 
Support of the Guard and Reserve. 
Sec. 596. Modification of Certificate of Release or Discharge from Active Duty (DD 
Form 214). 
Sec. 597. Reports on administrative separations of members of the Armed Forces 
for personality disorder. 
Sec. 598. Program to commemorate 50th anniversary of the Vietnam War. 
Sec. 599. Recognition of members of the Monuments, Fine Arts, and Archives pro-
gram of the Civil Affairs and Military Government Sections of the 
Armed Forces during and following World War II. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2008 increase in military basic pay. 
Sec. 602. Basic allowance for housing for reserve component members without de-
pendents who attend accession training while maintaining a primary 
residence. 
Sec. 603. Extension and enhancement of authority for temporary lodging expenses 
for members of the Armed Forces in areas subject to major disaster dec-
laration or for installations experiencing sudden increase in personnel 
levels. 
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122 STAT. 9 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 604. Income replacement payments for reserve component members experi-
encing extended and frequent mobilization for active duty service. 
Sec. 605. Midmonth payment of basic pay for contributions of members of the uni-
formed services participating in Thrift Savings Plan. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 610. Correction of lapsed authorities for payment of bonuses, special pays, and 
similar benefits for members of the uniformed services. 
Sec. 611. Extension of certain bonus and special pay authorities for Reserve forces. 
Sec. 612. Extension of certain bonus and special pay authorities for health care pro-
fessionals. 
Sec. 613. Extension of special pay and bonus authorities for nuclear officers. 
Sec. 614. Extension of authorities relating to payment of other bonuses and special 
pays. 
Sec. 615. Increase in incentive special pay and multiyear retention bonus for med-
ical officers. 
Sec. 616. Increase in dental officer additional special pay. 
Sec. 617. Increase in maximum monthly rate of hardship duty pay and authority 
to provide hardship duty pay in a lump sum. 
Sec. 618. Definition of sea duty for career sea pay to include service as off-cycle 
crewmembers of multi-crew ships. 
Sec. 619. Reenlistment bonus for members of the Selected Reserve. 
Sec. 620. Availability of Selected Reserve accession bonus for persons who pre-
viously served in the Armed Forces for a short period. 
Sec. 621. Availability of nuclear officer continuation pay for officers with more than 
26 years of commissioned service. 
Sec. 622. Waiver of years-of-service limitation on receipt of critical skills retention 
bonus. 
Sec. 623. Accession bonus for participants in the Armed Forces Health Professions 
Scholarship and Financial Assistance Program. 
Sec. 624. Payment of assignment incentive pay for Reserve members serving in 
combat zone for more than 22 months. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Payment of inactive duty training travel costs for certain Selected Re-
serve members. 
Sec. 632. Survivors of deceased members eligible for transportation to attend burial 
ceremonies. 
Sec. 633. Allowance for participation of Reserves in electronic screening. 
Sec. 634. Allowance for civilian clothing for members of the Armed Forces traveling 
in connection with medical evacuation. 
Sec. 635. Payment of moving expenses for Junior Reserve Officers’ Training Corps 
instructors in hard-to-fill positions. 
Subtitle D—Retired Pay and Survivor Benefits 
Sec. 641. Expansion of combat-related special compensation eligibility. 
Sec. 642. Inclusion of veterans with service-connected disabilities rated as total by 
reason of unemployability under termination of phase-in of concurrent 
receipt of retired pay and veterans’ disability compensation. 
Sec. 643. Recoupment of annuity amounts previously paid, but subject to offset for 
dependency and indemnity compensation. 
Sec. 644. Special survivor indemnity allowance for persons affected by required 
Survivor Benefit Plan annuity offset for dependency and indemnity com-
pensation. 
Sec. 645. Modification of authority of members of the Armed Forces to designate re-
cipients for payment of death gratuity. 
Sec. 646. Clarification of application of retired pay multiplier percentage to mem-
bers of the uniformed services with over 30 years of service. 
Sec. 647. Commencement of receipt of non-regular service retired pay by members 
of the Ready Reserve on active Federal status or active duty for signifi-
cant periods. 
Sec. 648. Computation of years of service for purposes of retired pay for non-reg-
ular service. 
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 
Sec. 651. Authority to continue commissary and exchange benefits for certain invol-
untarily separated members of the Armed Forces. 
Sec. 652. Authorization of installment deductions from pay of employees of non-
appropriated fund instrumentalities to collect indebtedness to the 
United States. 
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122 STAT. 10 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle F—Consolidation of Special Pay, Incentive Pay, and Bonus Authorities 
Sec. 661. Consolidation of special pay, incentive pay, and bonus authorities of the 
uniformed services. 
Sec. 662. Transitional provisions. 
Subtitle G—Other Matters 
Sec. 671. Referral bonus authorities. 
Sec. 672. Expansion of education loan repayment program for members of the Se-
lected Reserve. 
Sec. 673. Ensuring entry into United States after time abroad for permanent resi-
dent alien military spouses and children. 
Sec. 674. Overseas naturalization for military spouses and children. 
Sec. 675. Modification of amount of back pay for members of Navy and Marine 
Corps selected for promotion while interned as prisoners of war during 
World War II to take into account changes in Consumer Price Index. 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Improvements to Military Health Benefits 
Sec. 701. One-year extension of prohibition on increases in certain health care costs 
for members of the uniformed services. 
Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy 
system of pharmacy benefits program. 
Sec. 703. Inclusion of TRICARE retail pharmacy program in Federal procurement 
of pharmaceuticals. 
Sec. 704. Stipend for members of reserve components for health care for certain de-
pendents. 
Sec. 705. Authority for expansion of persons eligible for continued health benefits 
coverage. 
Sec. 706. Continuation of eligibility for TRICARE Standard coverage for certain 
members of the Selected Reserve. 
Sec. 707. Extension of pilot program for health care delivery. 
Sec. 708. Inclusion of mental health care in definition of health care and report on 
mental health care services. 
Subtitle B—Studies and Reports 
Sec. 711. Surveys on continued viability of TRICARE Standard and TRICARE 
Extra. 
Sec. 712. Report on training in preservation of remains under combat or combat- 
related conditions. 
Sec. 713. Report on patient satisfaction surveys. 
Sec. 714. Report on medical physical examinations of members of the Armed Forces 
before their deployment. 
Sec. 715. Report and study on multiple vaccinations of members of the Armed 
Forces. 
Sec. 716. Review of gender- and ethnic group-specific mental health services and 
treatment for members of the Armed Forces. 
Sec. 717. Licensed mental health counselors and the TRICARE program. 
Sec. 718. Report on funding of the Department of Defense for health care. 
Subtitle C—Other Matters 
Sec. 721. Prohibition on conversion of military medical and dental positions to civil-
ian medical and dental positions. 
Sec. 722. Establishment of Joint Pathology Center. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
Sec. 800. Short title. 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Internal controls for procurements on behalf of the Department of De-
fense by certain non-Defense agencies. 
Sec. 802. Lead systems integrators. 
Sec. 803. Reinvestment in domestic sources of strategic materials. 
Sec. 804. Clarification of the protection of strategic materials critical to national se-
curity. 
Sec. 805. Procurement of commercial services. 
Sec. 806. Specification of amounts requested for procurement of contract services. 
Sec. 807. Inventories and reviews of contracts for services. 
Sec. 808. Independent management reviews of contracts for services. 
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122 STAT. 11 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 809. Implementation 
and 
enforcement 
of 
requirements 
applicable 
to 
undefinitized contractual actions. 
Sec. 810. Clarification of limited acquisition authority for Special Operations Com-
mand. 
Subtitle B—Provisions Relating to Major Defense Acquisition Programs 
Sec. 811. Requirements applicable to multiyear contracts for the procurement of 
major systems of the Department of Defense. 
Sec. 812. Changes to Milestone B certifications. 
Sec. 813. Comptroller General report on Department of Defense organization and 
structure for major defense acquisition programs. 
Sec. 814. Clarification of submission of cost or pricing data on noncommercial modi-
fications of commercial items. 
Sec. 815. Clarification of rules regarding the procurement of commercial items. 
Sec. 816. Review of systemic deficiencies on major defense acquisition programs. 
Sec. 817. Investment strategy for major defense acquisition programs. 
Sec. 818. Report on implementation of recommendations on total ownership cost for 
major weapon systems. 
Subtitle C—Amendments to General Contracting Authorities, Procedures, and 
Limitations 
Sec. 821. Plan for restricting Government-unique contract clauses on commercial 
contracts. 
Sec. 822. Extension of authority for use of simplified acquisition procedures for cer-
tain commercial items. 
Sec. 823. Five-year extension of authority to carry out certain prototype projects. 
Sec. 824. Exemption of Special Operations Command from certain requirements for 
certain contracts relating to vessels, aircraft, and combat vehicles. 
Sec. 825. Provision of authority to maintain equipment to unified combatant com-
mand for joint warfighting. 
Sec. 826. Market research. 
Sec. 827. Modification of competition requirements for purchases from Federal Pris-
on Industries. 
Sec. 828. Multiyear contract authority for electricity from renewable energy 
sources. 
Sec. 829. Procurement of fire resistant rayon fiber for the production of uniforms 
from foreign sources. 
Sec. 830. Comptroller General review of noncompetitive awards of congressional 
and executive branch interest items. 
Subtitle D—Accountability in Contracting 
Sec. 841. Commission on Wartime Contracting in Iraq and Afghanistan. 
Sec. 842. Investigation of waste, fraud, and abuse in wartime contracts and con-
tracting processes in Iraq and Afghanistan. 
Sec. 843. Enhanced competition requirements for task and delivery order contracts. 
Sec. 844. Public disclosure of justification and approval documents for noncompeti-
tive contracts. 
Sec. 845. Disclosure of Government contractor audit findings. 
Sec. 846. Protection for contractor employees from reprisal for disclosure of certain 
information. 
Sec. 847. Requirements for senior Department of Defense officials seeking employ-
ment with defense contractors. 
Sec. 848. Report on contractor ethics programs of Major Defense contractors. 
Sec. 849. Contingency contracting training for personnel outside the acquisition 
workforce and evaluations of Army Commission recommendations. 
Subtitle E—Acquisition Workforce Provisions 
Sec. 851. Requirement for section on defense acquisition workforce in strategic 
human capital plan. 
Sec. 852. Department of Defense Acquisition Workforce Development Fund. 
Sec. 853. Extension of authority to fill shortage category positions for certain Fed-
eral acquisition positions. 
Sec. 854. Repeal of sunset of acquisition workforce training fund. 
Sec. 855. Federal acquisition workforce improvements. 
Subtitle F—Contracts in Iraq and Afghanistan 
Sec. 861. Memorandum of understanding on matters relating to contracting. 
Sec. 862. Contractors performing private security functions in areas of combat oper-
ations. 
Sec. 863. Comptroller General reviews and reports on contracting in Iraq and Af-
ghanistan. 
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122 STAT. 12 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 864. Definitions and other general provisions. 
Subtitle G—Defense Materiel Readiness Board 
Sec. 871. Establishment of Defense Materiel Readiness Board. 
Sec. 872. Critical materiel readiness shortfalls. 
Subtitle H—Other Matters 
Sec. 881. Clearinghouse for rapid identification and dissemination of commercial 
information technologies. 
Sec. 882. Authority to license certain military designations and likenesses of weap-
ons systems to toy and hobby manufacturers. 
Sec. 883. Modifications to limitation on contracts to acquire military flight simu-
lator. 
Sec. 884. Requirements relating to waivers of certain domestic source limitations 
relating to specialty metals. 
Sec. 885. Telephone services for military personnel serving in combat zones. 
Sec. 886. Enhanced authority to acquire products and services produced in Iraq and 
Afghanistan. 
Sec. 887. Defense Science Board review of Department of Defense policies and pro-
cedures for the acquisition of information technology. 
Sec. 888. Green procurement policy. 
Sec. 889. Comptroller General review of use of authority under the Defense Produc-
tion Act of 1950. 
Sec. 890. Prevention of export control violations. 
Sec. 891. Procurement goal for Native Hawaiian-serving institutions and Alaska 
Native-serving institutions. 
Sec. 892. Competition for procurement of small arms supplied to Iraq and Afghani-
stan. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Repeal of limitation on major Department of Defense headquarters activi-
ties personnel and related report. 
Sec. 902. Flexibility to adjust the number of deputy chiefs and assistant chiefs. 
Sec. 903. Change in eligibility requirements for appointment to Department of De-
fense leadership positions. 
Sec. 904. Management of the Department of Defense. 
Sec. 905. Revision in guidance relating to combatant command acquisition author-
ity. 
Sec. 906. Department of Defense Board of Actuaries. 
Sec. 907. Modification of background requirement of individuals appointed as 
Under Secretary of Defense for Acquisition, Technology, and Logistics. 
Sec. 908. Assistant Secretaries of the military departments for acquisition matters; 
principal military deputies. 
Sec. 909. Sense of Congress on term of Office of the Director of Operational Test 
and Evaluation. 
Subtitle B—Space Activities 
Sec. 911. Space protection strategy. 
Sec. 912. Biennial report on management of space cadre within the Department of 
Defense. 
Sec. 913. Additional report on oversight of acquisition for defense space programs. 
Subtitle C—Chemical Demilitarization Program 
Sec. 921. Chemical demilitarization citizens advisory commissions. 
Sec. 922. Sense of Congress on completion of destruction of United States chemical 
weapons stockpile. 
Sec. 923. Repeal of certain qualifications requirement for director of chemical de-
militarization management organization. 
Sec. 924. Modification of termination of assistance to State and local governments 
after completion of the destruction of the United States chemical weap-
ons stockpile. 
Subtitle D—Intelligence-Related Matters 
Sec. 931. Technical amendments to title 10, United States Code, arising from en-
actment of the Intelligence Reform and Terrorism Prevention Act of 
2004. 
Subtitle E—Roles and Missions Analysis 
Sec. 941. Requirement for quadrennial roles and missions review. 
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122 STAT. 13 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 942. Joint Requirements Oversight Council additional duties relating to core 
mission areas. 
Sec. 943. Requirement for certification of major systems prior to technology devel-
opment. 
Sec. 944. Presentation of future-years mission budget by core mission area. 
Subtitle F—Other Matters 
Sec. 951. Department of Defense consideration of effect of climate change on De-
partment facilities, capabilities, and missions. 
Sec. 952. Interagency policy coordination. 
Sec. 953. Expansion of employment creditable under service agreements under Na-
tional Security Education Program. 
Sec. 954. Board of Regents for the Uniformed Services University of the Health 
Sciences. 
Sec. 955. Establishment of Department of Defense School of Nursing. 
Sec. 956. Inclusion of commanders of Western Hemisphere combatant commands in 
Board of Visitors of Western Hemisphere Institute for Security Coopera-
tion. 
Sec. 957. Comptroller General assessment of reorganization of the Office of the 
Under Secretary of Defense for Policy. 
Sec. 958. Report on foreign language proficiency. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. United States contribution to NATO common-funded budgets in fiscal 
year 2008. 
Sec. 1003. Authorization of additional emergency supplemental appropriations for 
fiscal year 2007. 
Sec. 1004. Modification of fiscal year 2007 general transfer authority. 
Sec. 1005. Financial management transformation initiative for the Defense Agen-
cies. 
Sec. 1006. Repeal of requirement for two-year budget cycle for the Department of 
Defense. 
Subtitle B—Policy Relating to Vessels and Shipyards 
Sec. 1011. Limitation on leasing of vessels. 
Sec. 1012. Policy relating to major combatant vessels of the strike forces of the 
United States Navy. 
Subtitle C—Counter-Drug Activities 
Sec. 1021. Extension of authority for joint task forces to provide support to law en-
forcement agencies conducting counter-terrorism activities. 
Sec. 1022. Expansion of authority to provide additional support for counter-drug ac-
tivities in certain foreign countries. 
Sec. 1023. Report on counternarcotics assistance for the Government of Haiti. 
Subtitle D—Miscellaneous Authorities and Limitations 
Sec. 1031. Provision of Air Force support and services to foreign military and state 
aircraft. 
Sec. 1032. Department of Defense participation in Strategic Airlift Capability Part-
nership. 
Sec. 1033. Improved authority to provide rewards for assistance in combating ter-
rorism. 
Sec. 1034. Support for non-Federal development and testing of material for chem-
ical agent defense. 
Sec. 1035. Prohibition on sale of F–14 fighter aircraft and related parts. 
Subtitle E—Reports 
Sec. 1041. Extension and modification of report relating to hardened and deeply 
buried targets. 
Sec. 1042. Report on joint modeling and simulation activities. 
Sec. 1043. Renewal of submittal of plans for prompt global strike capability. 
Sec. 1044. Report on workforce required to support the nuclear missions of the 
Navy and the Department of Energy. 
Sec. 1045. Comptroller General report on Defense Finance and Accounting Service 
response to Butterbaugh v. Department of Justice. 
Sec. 1046. Study on size and mix of airlift force. 
Sec. 1047. Report on feasibility of establishing a domestic military aviation national 
training center. 
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122 STAT. 14 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 1048. Limited field user evaluations for combat helmet pad suspension sys-
tems. 
Sec. 1049. Study on national security interagency system. 
Sec. 1050. Report on solid rocket motor industrial base. 
Sec. 1051. Reports on establishment of a memorial for members of the Armed 
Forces who died in the air crash in Bakers Creek, Australia, and estab-
lishment of other memorials in Arlington National Cemetery. 
Subtitle F—Other Matters 
Sec. 1061. Reimbursement for National Guard support provided to Federal agen-
cies. 
Sec. 1062. Congressional Commission on the Strategic Posture of the United 
States. 
Sec. 1063. Technical and clerical amendments. 
Sec. 1064. Repeal of certification requirement. 
Sec. 1065. Maintenance of capability for space-based nuclear detection. 
Sec. 1066. Sense of Congress regarding detainees at Naval Station, Guantanamo 
Bay, Cuba. 
Sec. 1067. A report on transferring individuals detained at Naval Station, Guanta-
namo Bay, Cuba. 
Sec. 1068. Repeal of provisions in section 1076 of Public Law 109–364 relating to 
use of Armed Forces in major public emergencies. 
Sec. 1069. Standards required for entry to military installations in United States. 
Sec. 1070. Revised nuclear posture review. 
Sec. 1071. Termination of Commission on the Implementation of the New Strategic 
Posture of the United States. 
Sec. 1072. Security clearances; limitations. 
Sec. 1073. Improvements in the process for the issuance of security clearances. 
Sec. 1074. Protection of certain individuals. 
Sec. 1075. Modification of authorities on Commission to Assess the Threat to the 
United States from Electromagnetic Pulse Attack. 
Sec. 1076. Sense of Congress on Small Business Innovation Research Program. 
Sec. 1077. Revision of proficiency flying definition. 
Sec. 1078. Qualifications for public aircraft status of aircraft under contract with 
the Armed Forces. 
Sec. 1079. Communications with the Committees on Armed Services of the Senate 
and the House of Representatives. 
Sec. 1080. Retention of reimbursement for provision of reciprocal fire protection 
services. 
Sec. 1081. Pilot program on commercial fee-for-service air refueling support for the 
Air Force. 
Sec. 1082. Advisory panel on Department of Defense capabilities for support of civil 
authorities after certain incidents. 
Sec. 1083. Terrorism exception to immunity. 
TITLE XI—CIVILIAN PERSONNEL MATTERS 
Sec. 1101. Extension of authority to waive annual limitation on total compensation 
paid to Federal civilian employees working overseas under areas of 
United States Central Command. 
Sec. 1102. Continuation of life insurance coverage for Federal employees called to 
active duty. 
Sec. 1103. Transportation of dependents, household effects, and personal property 
to former home following death of Federal employee where death re-
sulted from disease or injury incurred in the Central Command area of 
responsibility. 
Sec. 1104. Special benefits for civilian employees assigned on deployment tem-
porary change of station. 
Sec. 1105. Death gratuity authorized for Federal employees. 
Sec. 1106. Modifications to the National Security Personnel System. 
Sec. 1107. Requirement for full implementation of personnel demonstration project. 
Sec. 1108. Authority for inclusion of certain Office of Defense Research and Engi-
neering positions in experimental personnel program for scientific and 
technical personnel. 
Sec. 1109. Pilot program for the temporary assignment of information technology 
personnel to private sector organizations. 
Sec. 1110. Compensation for Federal wage system employees for certain travel 
hours. 
Sec. 1111. Travel compensation for wage grade personnel. 
Sec. 1112. Accumulation of annual leave by senior level employees. 
Sec. 1113. Uniform allowances for civilian employees. 
Sec. 1114. Flexibility in setting pay for employees who move from a Department of 
Defense or Coast Guard nonappropriated fund instrumentality position 
to a position in the General Schedule pay system. 
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122 STAT. 15 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 1115. Retirement service credit for service as cadet or midshipman at a mili-
tary service academy. 
Sec. 1116. Authorization for increased compensation for faculty and staff of the 
Uniformed Services University of the Health Sciences. 
Sec. 1117. Report on establishment of a scholarship program for civilian mental 
health professionals. 
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. Military-to-military contacts and comparable activities. 
Sec. 1202. Authority for support of military operations to combat terrorism. 
Sec. 1203. Medical care and temporary duty travel expenses for liaison officers of 
certain foreign nations. 
Sec. 1204. Extension and expansion of Department of Defense authority to partici-
pate in multinational military centers of excellence. 
Sec. 1205. Reauthorization of Commanders’ Emergency Response Program. 
Sec. 1206. Authority to build the capacity of the Pakistan Frontier Corps. 
Sec. 1207. Authority to equip and train foreign personnel to assist in accounting for 
missing United States Government personnel. 
Sec. 1208. Authority to provide automatic identification system data on maritime 
shipping to foreign countries and international organizations. 
Sec. 1209. Report on foreign-assistance related programs carried out by the Depart-
ment of Defense. 
Sec. 1210. Extension and enhancement of authority for security and stabilization 
assistance. 
Sec. 1211. Government Accountability Office report on Global Peace Operations Ini-
tiative. 
Sec. 1212. Repeal of limitations on military assistance under the American 
Servicemembers’ Protection Act of 2002. 
Subtitle B—Matters Relating to Iraq and Afghanistan 
Sec. 1221. Modification of authorities relating to the Office of the Special Inspector 
General for Iraq Reconstruction. 
Sec. 1222. Limitation on availability of funds for certain purposes relating to Iraq. 
Sec. 1223. Report on United States policy and military operations in Iraq. 
Sec. 1224. Report on a comprehensive set of performance indicators and measures 
for progress toward military and political stability in Iraq. 
Sec. 1225. Report on support from Iran for attacks against coalition forces in Iraq. 
Sec. 1226. Sense of Congress on the consequences of a failed state in Iraq. 
Sec. 1227. Sense of Congress on federalism in Iraq. 
Sec. 1228. Tracking and monitoring of defense articles provided to the Government 
of Iraq and other individuals and groups in Iraq. 
Sec. 1229. Special Inspector General for Afghanistan Reconstruction. 
Sec. 1230. Report on progress toward security and stability in Afghanistan. 
Sec. 1231. United States plan for sustaining the Afghanistan National Security 
Forces. 
Sec. 1232. Report on enhancing security and stability in the region along the bor-
der of Afghanistan and Pakistan. 
Sec. 1233. Reimbursement of certain coalition nations for support provided to 
United States military operations. 
Sec. 1234. Logistical support for coalition forces supporting operations in Iraq and 
Afghanistan. 
Subtitle C—Iraq Refugee Crisis 
Sec. 1241. Short title. 
Sec. 1242. Processing mechanisms. 
Sec. 1243. United States refugee program processing priorities. 
Sec. 1244. Special immigrant status for certain Iraqis. 
Sec. 1245. Senior Coordinator for Iraqi Refugees and Internally Displaced Persons. 
Sec. 1246. Countries with significant populations of Iraqi refugees. 
Sec. 1247. Motion to reopen denial or termination of asylum. 
Sec. 1248. Reports. 
Sec. 1249. Authorization of appropriations. 
Subtitle D—Other Authorities and Limitations 
Sec. 1251. Cooperative opportunities documents under cooperative research and de-
velopment agreements with NATO organizations and other allied and 
friendly foreign countries. 
Sec. 1252. Extension and expansion of temporary authority to use acquisition and 
cross-servicing agreements to lend military equipment for personnel pro-
tection and survivability. 
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122 STAT. 16 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 1253. Acceptance of funds from the Government of Palau for costs of United 
States military Civic Action Team in Palau. 
Sec. 1254. Repeal of requirement relating to North Korea. 
Sec. 1255. Justice for Osama bin Laden and other leaders of al Qaeda. 
Sec. 1256. Extension of Counterproliferation Program Review Committee. 
Sec. 1257. Sense of Congress on the Western Hemisphere Institute for Security Co-
operation. 
Sec. 1258. Sense of Congress on Iran. 
Subtitle E—Reports 
Sec. 1261. One-year extension of update on report on claims relating to the bomb-
ing of the Labelle Discotheque. 
Sec. 1262. Report on United States policy toward Darfur, Sudan. 
Sec. 1263. Inclusion of information on asymmetric capabilities in annual report on 
military power of the People’s Republic of China. 
Sec. 1264. Report on application of the Uniform Code of Military Justice to civilians 
accompanying the Armed Forces during a time of declared war or con-
tingency operation. 
Sec. 1265. Report on family reunions between United States citizens and their rel-
atives in North Korea. 
Sec. 1266. Reports on prevention of mass atrocities. 
Sec. 1267. Report on threats to the United States from ungoverned areas. 
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE 
FORMER SOVIET UNION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Specification of Cooperative Threat Reduction programs in states outside 
the former Soviet Union. 
Sec. 1304. Repeal of restrictions on assistance to states of the former Soviet Union 
for Cooperative Threat Reduction. 
Sec. 1305. Modification of authority to use Cooperative Threat Reduction funds out-
side the former Soviet Union. 
Sec. 1306. New initiatives for the Cooperative Threat Reduction Program. 
Sec. 1307. Report relating to chemical weapons destruction at Shchuch’ye, Russia. 
Sec. 1308. National Academy of Sciences study of prevention of proliferation of bio-
logical weapons. 
TITLE XIV—OTHER AUTHORIZATIONS 
Subtitle A—Military Programs 
Sec. 1401. Working capital funds. 
Sec. 1402. National Defense Sealift Fund. 
Sec. 1403. Defense Health Program. 
Sec. 1404. Chemical agents and munitions destruction, Defense. 
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1406. Defense Inspector General. 
Subtitle B—National Defense Stockpile 
Sec. 1411. Authorized uses of National Defense Stockpile funds. 
Sec. 1412. Revisions to required receipt objectives for previously authorized dis-
posals from the National Defense Stockpile. 
Sec. 1413. Disposal of ferromanganese. 
Sec. 1414. Disposal of chrome metal. 
Subtitle C—Armed Forces Retirement Home 
Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 
Sec. 1422. Administration and oversight of the Armed Forces Retirement Home. 
TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 
OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 
Sec. 1501. Purpose. 
Sec. 1502. Army procurement. 
Sec. 1503. Navy and Marine Corps procurement. 
Sec. 1504. Air Force procurement. 
Sec. 1505. Joint Improvised Explosive Device Defeat Fund. 
Sec. 1506. Defense-wide activities procurement. 
Sec. 1507. Research, development, test, and evaluation. 
Sec. 1508. Operation and maintenance. 
Sec. 1509. Working capital funds. 
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122 STAT. 17 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 1510. Other Department of Defense programs. 
Sec. 1511. Iraq Freedom Fund. 
Sec. 1512. Iraq Security Forces Fund. 
Sec. 1513. Afghanistan Security Forces Fund. 
Sec. 1514. Military personnel. 
Sec. 1515. Strategic Readiness Fund. 
Sec. 1516. Treatment as additional authorizations. 
Sec. 1517. Special transfer authority. 
TITLE XVI—WOUNDED WARRIOR MATTERS 
Sec. 1601. Short title. 
Sec. 1602. General definitions. 
Sec. 1603. Consideration of gender-specific needs of recovering service members 
and veterans. 
Subtitle A—Policy on Improvements to Care, Management, and Transition of 
Recovering Service Members 
Sec. 1611. Comprehensive policy on improvements to care, management, and tran-
sition of recovering service members. 
Sec. 1612. Medical evaluations and physical disability evaluations of recovering 
service members. 
Sec. 1613. Return of recovering service members to active duty in the Armed 
Forces. 
Sec. 1614. Transition of recovering service members from care and treatment 
through the Department of Defense to care, treatment, and rehabilita-
tion through the Department of Veterans Affairs. 
Sec. 1615. Reports. 
Sec. 1616. Establishment of a wounded warrior resource center. 
Sec. 1617. Notification to Congress of hospitalization of combat wounded service 
members. 
Sec. 1618. Comprehensive plan on prevention, diagnosis, mitigation, treatment, and 
rehabilitation of, and research on, traumatic brain injury, post-trau-
matic stress disorder, and other mental health conditions in members 
of the Armed Forces. 
Subtitle B—Centers of Excellence in the Prevention, Diagnosis, Mitigation, Treat-
ment, and Rehabilitation of Traumatic Brain Injury, Post-Traumatic Stress Dis-
order, and Eye Injuries 
Sec. 1621. Center of excellence in the prevention, diagnosis, mitigation, treatment, 
and rehabilitation of traumatic brain injury. 
Sec. 1622. Center of excellence in prevention, diagnosis, mitigation, treatment, and 
rehabilitation of post-traumatic stress disorder and other mental health 
conditions. 
Sec. 1623. Center of excellence in prevention, diagnosis, mitigation, treatment, and 
rehabilitation of military eye injuries. 
Sec. 1624. Report on establishment of centers of excellence. 
Subtitle C—Health Care Matters 
Sec. 1631. Medical care and other benefits for members and former members of the 
Armed Forces with severe injuries or illnesses. 
Sec. 1632. Reimbursement of travel expenses of retired members with combat-re-
lated disabilities for follow-on specialty care, services, and supplies. 
Sec. 1633. Respite care and other extended care benefits for members of the uni-
formed services who incur a serious injury or illness on active duty. 
Sec. 1634. Reports. 
Sec. 1635. Fully interoperable electronic personal health information for the De-
partment of Defense and Department of Veterans Affairs. 
Sec. 1636. Enhanced personnel authorities for the Department of Defense for 
health care professionals for care and treatment of wounded and injured 
members of the Armed Forces. 
Sec. 1637. Continuation of transitional health benefits for members of the Armed 
Forces pending resolution of service-related medical conditions. 
Subtitle D—Disability Matters 
Sec. 1641. Utilization of veterans’ presumption of sound condition in establishing 
eligibility of members of the Armed Forces for retirement for disability. 
Sec. 1642. Requirements and limitations on Department of Defense determinations 
of disability with respect to members of the Armed Forces. 
Sec. 1643. Review of separation of members of the Armed Forces separated from 
service with a disability rating of 20 percent disabled or less. 
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122 STAT. 18 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 1644. Authorization of pilot programs to improve the disability evaluation sys-
tem for members of the Armed Forces. 
Sec. 1645. Reports on Army action plan in response to deficiencies in the Army 
physical disability evaluation system. 
Sec. 1646. Enhancement of disability severance pay for members of the Armed 
Forces. 
Sec. 1647. Assessments of continuing utility and future role of temporary disability 
retired list. 
Sec. 1648. Standards for military medical treatment facilities, specialty medical 
care facilities, and military quarters housing patients and annual report 
on such facilities. 
Sec. 1649. Reports on Army Medical Action Plan in response to deficiencies identi-
fied at Walter Reed Army Medical Center, District of Columbia. 
Sec. 1650. Required certifications in connection with closure of Walter Reed Army 
Medical Center, District of Columbia. 
Sec. 1651. Handbook for members of the Armed Forces on compensation and bene-
fits available for serious injuries and illnesses. 
Subtitle E—Studies and Reports 
Sec. 1661. Study on physical and mental health and other readjustment needs of 
members and former members of the Armed Forces who deployed in Op-
eration Iraqi Freedom and Operation Enduring Freedom and their fami-
lies. 
Sec. 1662. Access of recovering service members to adequate outpatient residential 
facilities. 
Sec. 1663. Study and report on support services for families of recovering service 
members. 
Sec. 1664. Report on traumatic brain injury classifications. 
Sec. 1665. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer 
program. 
Subtitle F—Other Matters 
Sec. 1671. Prohibition on transfer of resources from medical care. 
Sec. 1672. Medical care for families of members of the Armed Forces recovering 
from serious injuries or illnesses. 
Sec. 1673. Improvement of medical tracking system for members of the Armed 
Forces deployed overseas. 
Sec. 1674. Guaranteed funding for Walter Reed Army Medical Center, District of 
Columbia. 
Sec. 1675. Use of leave transfer program by wounded veterans who are Federal em-
ployees. 
Sec. 1676. Moratorium on conversion to contractor performance of Department of 
Defense functions at military medical facilities. 
TITLE XVII—VETERANS MATTERS 
Sec. 1701. Sense of Congress on Department of Veterans Affairs efforts in the reha-
bilitation and reintegration of veterans with traumatic brain injury. 
Sec. 1702. Individual rehabilitation and community reintegration plans for vet-
erans and others with traumatic brain injury. 
Sec. 1703. Use of non-Department of Veterans Affairs facilities for implementation 
of rehabilitation and community reintegration plans for traumatic brain 
injury. 
Sec. 1704. Research, education, and clinical care program on traumatic brain in-
jury. 
Sec. 1705. Pilot program on assisted living services for veterans with traumatic 
brain injury. 
Sec. 1706. Provision of age-appropriate nursing home care. 
Sec. 1707. Extension of period of eligibility for health care for veterans of combat 
service during certain periods of hostilities and war. 
Sec. 1708. Service-connection and assessments for mental health conditions in vet-
erans. 
Sec. 1709. Modification of requirements for furnishing outpatient dental services to 
veterans with service-connected dental conditions or disabilities. 
Sec. 1710. Clarification of purpose of outreach services program of Department of 
Veterans Affairs. 
Sec. 1711. Designation of fiduciary or trustee for purposes of Traumatic 
Servicemembers’ Group Life Insurance. 
TITLE XVIII—NATIONAL GUARD BUREAU MATTERS AND RELATED 
MATTERS 
Sec. 1801. Short title. 
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122 STAT. 19 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle A—National Guard Bureau 
Sec. 1811. Appointment, grade, duties, and retirement of the Chief of the National 
Guard Bureau. 
Sec. 1812. Establishment of National Guard Bureau as joint activity of the Depart-
ment of Defense. 
Sec. 1813. Enhancement of functions of the National Guard Bureau. 
Sec. 1814. Requirement for Secretary of Defense to prepare plan for response to 
natural disasters and terrorist events. 
Sec. 1815. Determination of Department of Defense civil support requirements. 
Subtitle B—Additional Reserve Component Enhancement 
Sec. 1821. United States Northern Command. 
Sec. 1822. Council of Governors. 
Sec. 1823. Plan for Reserve Forces Policy Board. 
Sec. 1824. High-level positions authorized or required to be held by reserve compo-
nent general or flag officers. 
Sec. 1825. Retirement age and years of service limitations on certain reserve gen-
eral and flag officers. 
Sec. 1826. Additional reporting requirements relating to National Guard equip-
ment. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
Sec. 2002. Expiration of authorizations and amounts required to be specified by 
law. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Termination of authority to carry out fiscal year 2007 Army projects for 
which funds were not appropriated. 
Sec. 2106. Technical amendments to Military Construction Authorization Act for 
Fiscal Year 2007. 
Sec. 2107. Modification of authority to carry out certain fiscal year 2006 project. 
Sec. 2108. Extension of authorization of certain fiscal year 2005 project. 
Sec. 2109. Ground lease, SOUTHCOM headquarters facility, Miami-Doral, Florida. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Termination of authority to carry out fiscal year 2007 Navy projects for 
which funds were not appropriated. 
Sec. 2206. Modification of authority to carry out certain fiscal year 2005 project. 
Sec. 2207. Repeal of authorization for construction of Navy Outlying Landing Field, 
Washington County, North Carolina. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Termination of authority to carry out fiscal year 2007 Air Force projects 
for which funds were not appropriated. 
Sec. 2306. Modification of authority to carry out certain fiscal year 2006 projects. 
Sec. 2307. Extension of authorizations of certain fiscal year 2005 projects. 
Sec. 2308. Extension of authorizations of certain fiscal year 2004 projects. 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Energy conservation projects. 
Sec. 2403. Authorization of appropriations, Defense Agencies. 
Sec. 2404. Termination or modification of authority to carry out certain fiscal year 
2007 Defense Agencies projects. 
Sec. 2405. Munitions demilitarization facilities, Blue Grass Army Depot, Kentucky, 
and Pueblo Chemical Activity, Colorado. 
Sec. 2406. Extension of authorizations of certain fiscal year 2005 projects. 
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122 STAT. 20 
PUBLIC LAW 110–181—JAN. 28, 2008 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 
INVESTMENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2601. Authorized Army National Guard construction and land acquisition 
projects. 
Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 
land acquisition projects. 
Sec. 2604. Authorized Air National Guard construction and land acquisition 
projects. 
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 
Sec. 2606. Authorization of appropriations, National Guard and Reserve. 
Sec. 2607. Termination of authority to carry out fiscal year 2007 Guard and Re-
serve projects for which funds were not appropriated. 
Sec. 2608. Modification of authority to carry out fiscal year 2006 Air Force Reserve 
construction and acquisition projects. 
Sec. 2609. Extension of authorizations of certain fiscal year 2005 projects. 
Sec. 2610. Extension of authorizations of certain fiscal year 2004 projects. 
TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES 
Sec. 2701. Authorization of appropriations for base closure and realignment activi-
ties funded through Department of Defense Base Closure Account 1990. 
Sec. 2702. Authorized base closure and realignment activities funded through De-
partment of Defense Base Closure Account 2005. 
Sec. 2703. Authorization of appropriations for base closure and realignment activi-
ties funded through Department of Defense Base Closure Account 2005. 
Sec. 2704. Authorized cost and scope of work variations for military construction 
and military family housing projects related to base closures and re-
alignments. 
Sec. 2705. Transfer of funds from Department of Defense Base Closure Account 
2005 to Department of Defense Housing Funds. 
Sec. 2706. Comprehensive accounting of funding required to ensure timely imple-
mentation of 2005 Defense Base Closure and Realignment Commission 
recommendations. 
Sec. 2707. Relocation of units from Roberts United States Army Reserve Center 
and Navy-Marine Corps Reserve Center, Baton Rouge, Louisiana. 
Sec. 2708. Acquisition of real property, Fort Belvoir, Virginia, as part of the re-
alignment of the installation. 
Sec. 2709. Report on availability of traffic infrastructure and facilities to support 
base realignment. 
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing Changes 
Sec. 2801. Authority to use operation and maintenance funds for construction 
projects outside the United States. 
Sec. 2802. Clarification of requirement for authorization of military construction. 
Sec. 2803. Increase in thresholds for unspecified minor military construction 
projects. 
Sec. 2804. Temporary authority to support revitalization of Department of Defense 
laboratories through unspecified minor military construction projects. 
Sec. 2805. Extension of authority to accept equalization payments for facility ex-
changes. 
Sec. 2806. Modifications of authority to lease military family housing. 
Sec. 2807. Expansion of authority to exchange reserve component facilities. 
Sec. 2808. Limitation on use of alternative authority for acquisition and improve-
ment of military housing for privatization of temporary lodging facili-
ties. 
Sec. 2809. Two-year extension of temporary program to use minor military con-
struction authority for construction of child development centers. 
Sec. 2810. Report on housing privatization initiatives. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2821. Requirement to report real property transactions resulting in annual 
costs of more than $750,000. 
Sec. 2822. Continued consolidation of real property provisions without substantive 
change. 
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122 STAT. 21 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 2823. Modification of authority to lease non-excess property of the military de-
partments. 
Sec. 2824. Cooperative agreement authority for management of cultural resources 
on certain sites outside military installations. 
Sec. 2825. Agreements to limit encroachments and other constraints on military 
training, testing, and operations. 
Sec. 2826. Expansion to all military departments of Army pilot program for pur-
chase of certain municipal services for military installations. 
Sec. 2827. Prohibition on commercial flights into Selfridge Air National Guard 
Base. 
Sec. 2828. Sense of Congress on Department of Defense actions to protect installa-
tions, ranges, and military airspace from encroachment. 
Sec. 2829. Reports on Army and Marine Corps operational ranges. 
Sec. 2830. Niagara Air Reserve Base, New York, basing report. 
Sec. 2831. Report on the Pinon Canyon Maneuver Site, Colorado. 
Subtitle C—Land Conveyances 
Sec. 2841. Modification of conveyance authority, Marine Corps Base, Camp Pen-
dleton, California. 
Sec. 2842. Grant of easement, Eglin Air Force Base, Florida. 
Sec. 2843. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida. 
Sec. 2844. Modification of lease of property, National Flight Academy at the Na-
tional Museum of Naval Aviation, Naval Air Station, Pensacola, Florida. 
Sec. 2845. Land exchange, Detroit, Michigan. 
Sec. 2846. Transfer of jurisdiction, former Nike missile site, Grosse Ile, Michigan. 
Sec. 2847. Modification to land conveyance authority, Fort Bragg, North Carolina. 
Sec. 2848. Land conveyance, Lewis and Clark United States Army Reserve Center, 
Bismarck, North Dakota. 
Sec. 2849. Land exchange, Fort Hood, Texas. 
Subtitle D—Energy Security 
Sec. 2861. Repeal of congressional notification requirement regarding cancellation 
ceiling for Department of Defense energy savings performance contracts. 
Sec. 2862. Definition of alternative fueled vehicle. 
Sec. 2863. Use of energy efficient lighting fixtures and bulbs in Department of De-
fense facilities. 
Sec. 2864. Reporting requirements relating to renewable energy use by Department 
of Defense to meet Department electricity needs. 
Subtitle E—Other Matters 
Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to Arlington Na-
tional Cemetery. 
Sec. 2872. Transfer of jurisdiction over Air Force Memorial to Department of the 
Air Force. 
Sec. 2873. Report on plans to replace the monument at the Tomb of the Unknowns 
at Arlington National Cemetery, Virginia. 
Sec. 2874. Increased authority for repair, restoration, and preservation of Lafayette 
Escadrille Memorial, Marnes-la-Coquette, France. 
Sec. 2875. Addition of Woonsocket local protection project. 
Sec. 2876. Repeal of moratorium on improvements at Fort Buchanan, Puerto Rico. 
Sec. 2877. Establishment of national military working dog teams monument on 
suitable military installation. 
Sec. 2878. Report required prior to removal of missiles from 564th Missile Squad-
ron. 
Sec. 2879. Report on condition of schools under jurisdiction of Department of De-
fense Education Activity. 
Sec. 2880. Report on facilities and operations of Darnall Army Medical Center, Fort 
Hood Military Reservation, Texas. 
Sec. 2881. Report on feasibility of establishing a regional disaster response center 
at Kelly Air Field, San Antonio, Texas. 
Sec. 2882. Naming of housing facility at Fort Carson, Colorado, in honor of the 
Honorable Joel Hefley, a former member of the United States House of 
Representatives. 
Sec. 2883. Naming of Navy and Marine Corps Reserve Center at Rock Island, Illi-
nois, in honor of the Honorable Lane Evans, a former member of the 
United States House of Representatives. 
Sec. 2884. Naming of research laboratory at Air Force Rome Research Site, Rome, 
New York, in honor of the Honorable Sherwood L. Boehlert, a former 
member of the United States House of Representatives. 
Sec. 2885. Naming of administration building at Joint Systems Manufacturing Cen-
ter, Lima, Ohio, in honor of the Honorable Michael G. Oxley, a former 
member of the United States House of Representatives. 
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122 STAT. 22 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 2886. Naming of Logistics Automation Training Facility, Army Quartermaster 
Center and School, Fort Lee, Virginia, in honor of General Richard H. 
Thompson. 
Sec. 2887. Authority to relocate Joint Spectrum Center to Fort Meade, Maryland. 
TITLE XXIX—WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION 
AUTHORIZATIONS 
Sec. 2901. Authorized Army construction and land acquisition projects. 
Sec. 2902. Authorized Navy construction and land acquisition projects. 
Sec. 2903. Authorized Air Force construction and land acquisition projects. 
Sec. 2904. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2905. Authorized base closure and realignment activities funded through De-
partment of Defense Base Closure Account 2005 and related authoriza-
tion of appropriations. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 
AUTHORIZATIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Sec. 3105. Energy security and assurance. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Reliable Replacement Warhead program. 
Sec. 3112. Nuclear test readiness. 
Sec. 3113. Modification of reporting requirement. 
Sec. 3114. Limitation on availability of funds for Fissile Materials Disposition pro-
gram. 
Sec. 3115. Modification of limitations on availability of funds for Waste Treatment 
and Immobilization Plant. 
Sec. 3116. Modification of sunset date of the Office of the Ombudsman of the En-
ergy Employees Occupational Illness Compensation Program. 
Sec. 3117. Technical amendments. 
Subtitle C—Other Matters 
Sec. 3121. Study on using existing pits for the Reliable Replacement Warhead pro-
gram. 
Sec. 3122. Report on retirement and dismantlement of nuclear warheads. 
Sec. 3123. Plan for addressing security risks posed to nuclear weapons complex. 
Sec. 3124. Department of Energy protective forces. 
Sec. 3125. Evaluation of National Nuclear Security Administration strategic plan 
for advanced computing. 
Sec. 3126. Sense of Congress on the nuclear nonproliferation policy of the United 
States and the Reliable Replacement Warhead program. 
Sec. 3127. Department of Energy report on plan to strengthen and expand Inter-
national Radiological Threat Reduction program. 
Sec. 3128. Department of Energy report on plan to strengthen and expand Mate-
rials Protection, Control, and Accounting program. 
Sec. 3129. Agreements and reports on nuclear forensics capabilities. 
Sec. 3130. Report on status of environmental management initiatives to accelerate 
the reduction of environmental risks and challenges posed by the legacy 
of the Cold War. 
Subtitle D—Nuclear Terrorism Prevention 
Sec. 3131. Definitions. 
Sec. 3132. Sense of Congress on the prevention of nuclear terrorism. 
Sec. 3133. Minimum security standard for nuclear weapons and formula quantities 
of strategic special nuclear material. 
Sec. 3134. Annual report. 
TITLE XXXII—WAR-RELATED NATIONAL NUCLEAR SECURITY 
ADMINISTRATION AUTHORIZATIONS 
Sec. 3201. Additional war-related authorization of appropriations for National Nu-
clear Security Administration. 
TITLE XXXIII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
Sec. 3301. Authorization. 
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122 STAT. 23 
PUBLIC LAW 110–181—JAN. 28, 2008 
TITLE XXXIV—NAVAL PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations. 
Sec. 3402. Remedial action at Moab uranium milling site. 
TITLE XXXV—MARITIME ADMINISTRATION 
Subtitle A—Maritime Administration Reauthorization 
Sec. 3501. Authorization of appropriations for fiscal year 2008. 
Sec. 3502. Temporary authority to transfer obsolete combatant vessels to Navy for 
disposal. 
Sec. 3503. Vessel disposal program. 
Subtitle B—Programs 
Sec. 3511. Commercial vessel chartering authority. 
Sec. 3512. Maritime Administration vessel chartering authority. 
Sec. 3513. Chartering to State and local governmental instrumentalities. 
Sec. 3514. Disposal of obsolete Government vessels. 
Sec. 3515. Vessel transfer authority. 
Sec. 3516. Sea trials for Ready Reserve Force. 
Sec. 3517. Review of applications for loans and guarantees. 
Subtitle C—Technical Corrections 
Sec. 3521. Personal injury to or death of seamen. 
Sec. 3522. Amendments to Chapter 537 based on Public Law 109–163. 
Sec. 3523. Additional amendments based on Public Law 109–163. 
Sec. 3524. Amendments based on Public Law 109–171. 
Sec. 3525. Amendments based on Public Law 109–241. 
Sec. 3526. Amendments based on Public Law 109–364. 
Sec. 3527. Miscellaneous amendments. 
Sec. 3528. Application of sunset provision to codified provision. 
Sec. 3529. Additional technical corrections. 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 
For purposes of this Act, the term ‘‘congressional defense 
committees’’ has the meaning given that term in section 101(a)(16) 
of title 10, United States Code. 
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. National Guard and Reserve equipment. 
Subtitle B—Army Programs 
Sec. 111. Multiyear procurement authority for M1A2 Abrams System Enhancement 
Package upgrades. 
Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley fighting vehicle 
upgrades. 
Sec. 113. Multiyear procurement authority for conversion of CH-47D helicopters to 
CH-47F configuration. 
Sec. 114. Multiyear procurement authority for CH-47F helicopters. 
Sec. 115. Limitation on use of funds for Increment 1 of the Warfighter Information 
Network-Tactical program pending certification to Congress. 
Sec. 116. Prohibition on closure of Army Tactical Missile System production line 
pending report. 
Sec. 117. Stryker Mobile Gun System. 
Subtitle C—Navy Programs 
Sec. 121. Multiyear procurement authority for Virginia-class submarine program. 
10 USC 101 note. 
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122 STAT. 24 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 122. Report on shipbuilding investment strategy. 
Sec. 123. Sense of Congress on the preservation of a skilled United States shipyard 
workforce. 
Sec. 124. Assessments required prior to start of construction on first ship of a ship-
building program. 
Sec. 125. Littoral Combat Ship (LCS) program. 
Subtitle D—Air Force Programs 
Sec. 131. Limitation on Joint Cargo Aircraft. 
Sec. 132. Clarification of limitation on retirement of U–2 aircraft. 
Sec. 133. Repeal of requirement to maintain retired C–130E tactical aircraft. 
Sec. 134. Limitation on retirement of C–130E/H tactical airlift aircraft. 
Sec. 135. Limitation on retirement of KC–135E aerial refueling aircraft. 
Sec. 136. Transfer to Government of Iraq of three C–130E tactical airlift aircraft. 
Sec. 137. Modification of limitations on retirement of B–52 bomber aircraft. 
Subtitle A—Authorization of 
Appropriations 
SEC. 101. ARMY. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 for procurement for the Army as follows: 
(1) For aircraft, $4,168,798,000. 
(2) For missiles, $1,911,979,000. 
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles, 
$3,007,489,000. 
(4) For ammunition, $2,214,576,000. 
(5) For other procurement, $12,451,312,000. 
(6) For the Joint Improvised Explosive Device Defeat Fund, 
$228,000,000. 
SEC. 102. NAVY AND MARINE CORPS. 
(a) NAVY.—Funds are hereby authorized to be appropriated 
for fiscal year 2008 for procurement for the Navy as follows: 
(1) For aircraft, $12,432,644,000. 
(2) For weapons, including missiles and torpedoes, 
$3,068,187,000. 
(3) For shipbuilding and conversion, $13,596,120,000. 
(4) For other procurement, $5,209,330,000. 
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 2008 for procurement for the Marine Corps 
in the amount of $2,299,419,000. 
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 
authorized to be appropriated for fiscal year 2008 for procurement 
of ammunition for the Navy and the Marine Corps in the amount 
of $1,058,832,000. 
SEC. 103. AIR FORCE. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 for procurement for the Air Force as follows: 
(1) For aircraft, $12,117,800,000. 
(2) For ammunition, $854,167,000. 
(3) For missiles, $4,984,102,000. 
(4) For other procurement, $15,405,832,000. 
SEC. 104. DEFENSE-WIDE ACTIVITIES. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 
for 
Defense-wide 
procurement 
in 
the 
amount 
of 
$3,280,435,000. 
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122 STAT. 25 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 for the procurement of aircraft, missiles, wheeled and tracked 
combat vehicles, tactical wheeled vehicles, ammunition, other 
weapons, and other procurement for the reserve components of 
the Armed Forces in the amount of $980,000,000. 
Subtitle B—Army Programs 
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR M1A2 ABRAMS 
SYSTEM ENHANCEMENT PACKAGE UPGRADES. 
The Secretary of the Army, in accordance with section 2306b 
of title 10, United States Code, may enter into a multiyear contract, 
beginning with the fiscal year 2008 program year, for procurement 
of M1A2 Abrams System Enhancement Package upgrades. 
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR M2A3/M3A3 
BRADLEY FIGHTING VEHICLE UPGRADES. 
The Secretary of the Army, in accordance with section 2306b 
of title 10, United States Code, may enter into a multiyear contract, 
beginning with the fiscal year 2008 program year, for procurement 
of M2A3/M3A3 Bradley fighting vehicle upgrades. 
SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR CONVERSION 
OF CH-47D HELICOPTERS TO CH-47F CONFIGURATION. 
The Secretary of the Army may, in accordance with section 
2306b of title 10, United States Code, enter into a multiyear con-
tract, beginning with the fiscal year 2008 program year, for conver-
sion of CH-47D helicopters to the CH-47F configuration. 
SEC. 114. MULTIYEAR PROCUREMENT AUTHORITY FOR CH-47F HELI-
COPTERS. 
The Secretary of the Army may, in accordance with section 
2306b of title 10, United States Code, enter into a multiyear con-
tract, beginning with the fiscal year 2008 program year, for procure-
ment of CH-47F helicopters. 
SEC. 115. LIMITATION ON USE OF FUNDS FOR INCREMENT 1 OF THE 
WARFIGHTER INFORMATION NETWORK-TACTICAL PRO-
GRAM PENDING CERTIFICATION TO CONGRESS. 
(a) FUNDING RESTRICTED.—Of the amounts appropriated pursu-
ant to an authorization of appropriations for fiscal year 2008 or 
otherwise made available for Other Procurement, Army, that are 
available for Increment 1 of the Warfighter Information Network- 
Tactical program, not more than 50 percent may be obligated or 
expended until the Director of Operational Test and Evaluation 
submits to the congressional defense committees a certification, 
in writing, that the Director of Operational Test and Evaluation 
has approved a Test and Evaluation Master Plan and Initial Oper-
ational Test Plan for Increment 1 of the Warfighter Information 
Network-Tactical program. 
(b) INCREMENT 1 DEFINED.—For the purposes of this section, 
Increment 1 of the Warfighter Information Network-Tactical pro-
gram includes all program elements described as constituting 
‘‘Increment 1’’ in the memorandum titled ‘‘Warfighter Information 
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122 STAT. 26 
PUBLIC LAW 110–181—JAN. 28, 2008 
Network-Tactical (WIN-T) Program Acquisition Decision Memo-
randum’’, dated June 5, 2007, and signed by the Under Secretary 
of Defense for Acquisition, Technology, and Logistics. 
SEC. 116. PROHIBITION ON CLOSURE OF ARMY TACTICAL MISSILE 
SYSTEM PRODUCTION LINE PENDING REPORT. 
(a) PROHIBITION.—Amounts appropriated pursuant to the 
authorization of appropriations in section 101(2) for missiles, Army, 
and in section 1502(4) for missile procurement, Army, and any 
other appropriated funds available to the Secretary of the Army 
may not be used to close the production line for the Army Tactical 
Missile System program until after the date on which the Secretary 
of the Army submits to the congressional defense committees a 
report that contains— 
(1) the certification of the Secretary that the long range 
surface-to-surface strike and counter battery mission of the 
Army can be adequately performed by other Army weapons 
systems or by other elements of the Armed Forces; and 
(2) a plan to mitigate any shortfalls in the industrial base 
that would be created by the closure of the production line. 
(b) SUBMISSION OF REPORT.—The report referred to in sub-
section (a) is required not later than April 1, 2008. 
SEC. 117. STRYKER MOBILE GUN SYSTEM. 
(a) LIMITATION
ON AVAILABILITY
OF FUNDS.—None of the 
amounts authorized to be appropriated by sections 101(3) and 
1501(3) for procurement of weapons and tracked combat vehicles 
for the Army may be obligated or expended for purposes of the 
procurement of the Stryker Mobile Gun System until 30 days after 
the date on which the Secretary of the Army certifies to Congress 
that the Stryker Mobile Gun System is operationally effective, 
suitable, and survivable for its anticipated deployment missions. 
(b) WAIVER.—The Secretary of Defense may waive the limita-
tion in subsection (a) if the Secretary— 
(1) determines that further procurement of the Stryker 
Mobile Gun System utilizing amounts referred to in subsection 
(a) is in the national security interest of the United States 
notwithstanding the inability of the Secretary of the Army 
to make the certification required by that subsection; and 
(2) submits to the Congress, in writing, a notification of 
the waiver together with a discussion of— 
(A) the reasons for the determination described in para-
graph (1); and 
(B) the actions that will be taken to mitigate any 
deficiencies that cause the Stryker Mobile Gun System 
not to be operationally effective, suitable, or survivable, 
as that case may be, as described in subsection (a). 
Subtitle C—Navy Programs 
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA- 
CLASS SUBMARINE PROGRAM. 
(a) AUTHORITY.—The Secretary of the Navy may, in accordance 
with section 2306b of title 10, United States Code, enter into 
multiyear contracts, beginning with the fiscal year 2009 program 
Plan. 
Certification. 
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122 STAT. 27 
PUBLIC LAW 110–181—JAN. 28, 2008 
year, for the procurement of Virginia-class submarines and Govern-
ment-furnished equipment associated with the Virginia-class sub-
marine program. 
(b) LIMITATION.—The Secretary may not enter into a contract 
authorized by subsection (a) until— 
(1) the Secretary submits to the congressional defense 
committees a certification that the Secretary has made, with 
respect to that contract, each of the findings required by sub-
section (a) of section 2306b of title 10, United States Code; 
and 
(2) a period of 30 days has elapsed after the date of the 
transmission of such certification. 
SEC. 122. REPORT ON SHIPBUILDING INVESTMENT STRATEGY. 
(a) STUDY REQUIRED.—The Secretary of the Navy shall provide 
for a study to determine the effectiveness of current financing 
mechanisms for providing incentives for contractors to make ship-
building capital expenditures, and to assess potential capital 
expenditure incentives that would lead to ship construction or life- 
cycle cost savings to the Federal Government. The study shall 
examine— 
(1) potential improvements in design tools and techniques, 
material management, technology insertion, systems integra-
tion and testing, and other key processes and functions that 
would lead to reduced construction costs; 
(2) construction process improvements that would reduce 
procurement and life-cycle costs of the vessels under construc-
tion at the contractor’s facilities; and 
(3) incentives for investment in shipyard infrastructure 
that support construction process improvements. 
(b) REPORT.—Not later than October 1, 2008, the Secretary 
of the Navy shall submit to the congressional defense committees 
a report providing the results of the study under subsection (a). 
The report shall include each of the following: 
(1) An assessment of the shipbuilding industrial base, as 
measured by a 10-year history for major shipbuilders with 
respect to— 
(A) estimated value of shipbuilding facilities; 
(B) critical shipbuilding capabilities; 
(C) capital expenditures; 
(D) major investments in process improvements; and 
(E) costs for related Navy shipbuilding projects. 
(2) A description of mechanisms available to the Govern-
ment and industry to finance facilities and process improve-
ments, including— 
(A) contract incentive and award fees; 
(B) facilities capital cost of money; 
(C) facilities depreciation; 
(D) progress payment provisions; 
(E) other contract terms and conditions; 
(F) State and Federal tax provisions and tax incentives; 
(G) the National Shipbuilding Research Program; and 
(H) any other mechanisms available. 
(3) A summary of potential shipbuilding investments that 
offer greatest reduction to shipbuilding costs, including, for 
each such investment— 
(A) a project description; 
Deadline. 
Certification. 
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122 STAT. 28 
PUBLIC LAW 110–181—JAN. 28, 2008 
(B) an estimate of required investment; 
(C) the estimated return on investment; and 
(D) alternatives for financing the investment. 
(4) The Navy’s strategy for providing incentives for contrac-
tors’ capital expenditures that would lead to ship construction 
or life-cycle savings to the Federal Government, including 
identification of any specific changes in legislative authority 
that would be required for the Secretary to execute this 
strategy. 
(c) UTILIZATION OF OTHER STUDIES AND OUTSIDE EXPERTS.— 
The study shall build upon the results of the 2005 and 2006 Global 
Shipbuilding Industrial Base Benchmarking studies. Financial anal-
ysis associated with the report shall be conducted in consultation 
with financial experts independent of the Department of Defense. 
SEC. 123. SENSE OF CONGRESS ON THE PRESERVATION OF A SKILLED 
UNITED STATES SHIPYARD WORKFORCE. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
the preservation of a robust domestic skilled workforce is required 
for the national shipbuilding infrastructure and particularly essen-
tial to the construction of ships for the United States Navy. 
(b) STUDY REQUIRED.— 
(1) IN GENERAL.—The Secretary of the Navy shall deter-
mine, on a one-time, non-recurring basis, and in consultation 
with the Department of Labor, the average number of H2B 
visa workers employed by the major shipbuilders in the 
construction of United States Navy ships during the calendar 
year ending December 31, 2007. The study shall also identify 
the number of workers petitioned by the major shipbuilders 
for use in calendar year 2008, as of the first quarter of calendar 
year 2008. 
(2) REPORT.—Not later than April 1, 2008, the Secretary 
of the Navy shall submit to the congressional defense commit-
tees a report containing the results of the study required by 
subsection (b). 
(3) DEFINITIONS.—In this paragraph— 
(A) the term ‘‘major shipbuilder’’ means a prime con-
tractor or a first-tier subcontractor responsible for delivery 
of combatant and support vessels required for the naval 
vessel force, as reported within the annual naval vessel 
construction plan required by section 231 of title 10, United 
States Code; and 
(B) the term ‘‘H2B visa’’ means a non-immigrant visa 
program that permits employers to hire foreign workers 
to come temporarily to the United States and perform 
temporary non-agricultural services or labor on a one-time, 
seasonal, peakload, or intermittent basis. 
SEC. 124. ASSESSMENTS REQUIRED PRIOR TO START OF CONSTRUC-
TION ON FIRST SHIP OF A SHIPBUILDING PROGRAM. 
(a) IN GENERAL.—Concurrent with approving the start of 
construction of the first ship for any major shipbuilding program, 
the Secretary of the Navy shall— 
(1) submit a report to the congressional defense committees 
on the results of any production readiness review; and 
(2) certify to the congressional defense committees that 
the findings of any such review support commencement of 
construction. 
Certification. 
Reports. 
10 USC 7291 
note. 
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122 STAT. 29 
PUBLIC LAW 110–181—JAN. 28, 2008 
(b) REPORT.—The report required by subsection (a)(1) shall 
include, at a minimum, an assessment of each of the following: 
(1) The maturity of the ship’s design, as measured by 
stability of the ship contract specifications and the degree of 
completion of detail design and production design drawings. 
(2) The maturity of developmental command and control 
systems, weapon and sensor systems, and hull, mechanical 
and electrical systems. 
(3) The readiness of the shipyard facilities and workforce 
to begin construction. 
(4) The Navy’s estimated cost at completion and the ade-
quacy of the budget to support the estimate. 
(5) The Navy’s estimated delivery date and description 
of any variance to the contract delivery date. 
(6) The extent to which adequate processes and metrics 
are in place to measure and manage program risks. 
(c) APPLICABILITY.—This section applies to each major ship-
building program beginning after the date of the enactment of 
this Act. 
(d) DEFINITIONS.—For the purposes of subsection (a): 
(1) START OF CONSTRUCTION.—The term ‘‘start of construc-
tion’’ means the beginning of fabrication of the hull and super-
structure of the ship. 
(2) FIRST SHIP.—The term ‘‘first ship’’ applies to a ship 
if— 
(A) the ship is the first ship to be constructed under 
that shipbuilding program; or 
(B) the shipyard at which the ship is to be constructed 
has not previously started construction on a ship under 
that shipbuilding program. 
(3) MAJOR SHIPBUILDING PROGRAM.—The term ‘‘major ship-
building program’’ means a program for the construction of 
combatant and support vessels required for the naval vessel 
force, as reported within the annual naval vessel construction 
plan required by section 231 of title 10, United States Code. 
(4) PRODUCTION READINESS REVIEW.—The term ‘‘production 
readiness review’’ means a formal examination of a program 
prior to the start of construction to determine if the design 
is ready for production, production engineering problems have 
been resolved, and the producer has accomplished adequate 
planning for the production phase. 
SEC. 125. LITTORAL COMBAT SHIP (LCS) PROGRAM. 
Section 124 of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109–163; 119 Stat. 3157) is amended by 
striking subsections (a), (b), (c), and (d) and inserting the following: 
‘‘(a) LIMITATION OF COSTS.— 
‘‘(1) IN GENERAL.—The total amount obligated or expended 
for the procurement costs of post-2007 LCS vessels shall not 
exceed $460,000,000 per vessel. 
‘‘(2) PROCUREMENT COSTS.—For purposes of this section, 
procurement costs shall include all costs for plans, basic 
construction, change orders, electronics, ordnance, contractor 
support, and other costs associated with completion of produc-
tion drawings, ship construction, test, and delivery, including 
work performed post-delivery that is required to meet original 
contract requirements. 
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122 STAT. 30 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(3) POST-2007 LCS VESSELS.—For purposes of this section, 
the term ‘post-2007 LCS vessel’ means a vessel in the Littoral 
Combat Ship (LCS) class of vessels, the procurement of which 
is funded from amounts appropriated pursuant to an authoriza-
tion of appropriations or otherwise made available for fiscal 
year 2008 or any fiscal year thereafter. 
‘‘(b) CONTRACT TYPE.—The Secretary of the Navy shall employ 
a fixed-price type contract for construction of post-2007 LCS vessels. 
‘‘(c) LIMITATION OF GOVERNMENT LIABILITY.—The Secretary of 
the Navy shall not enter into a contract, or modify a contract, 
for construction or final delivery of post-2007 LCS vessels if the 
limitation of the Government’s cost liability, when added to the 
sum 
of 
other 
budgeted 
procurement 
costs, 
would 
exceed 
$460,000,000 per vessel. 
‘‘(d) ADJUSTMENT OF LIMITATION AMOUNT.—The Secretary of 
the Navy may adjust the amount set forth in subsections (a)(1) 
and (c) for vessels referred to in such subsections by the following: 
‘‘(1) The amounts of increases or decreases in costs attrib-
utable to compliance with changes in Federal, State, or local 
laws enacted after September 30, 2007. 
‘‘(2) The amounts of outfitting costs and costs required 
to complete post-delivery test and trials.’’. 
Subtitle D—Air Force Programs 
SEC. 131. LIMITATION ON JOINT CARGO AIRCRAFT. 
No funds appropriated pursuant to an authorization of appro-
priations or otherwise made available for procurement, or for 
research, development, test, and evaluation, may be obligated or 
expended for the Joint Cargo Aircraft until 30 days after the Sec-
retary of Defense submits to the congressional defense committees 
each of the following: 
(1) The Air Force Air Mobility Command’s Airlift Mobility 
Roadmap. 
(2) The Department of Defense Intra-Theater Airlift 
Capabilities Study. 
(3) The Department of Defense Joint Intra-Theater Dis-
tribution Assessment. 
(4) The Joint Cargo Aircraft Functional Area Series Anal-
ysis. 
(5) The Joint Cargo Aircraft Analysis of Alternatives. 
(6) The Joint Intra-Theater Airlift Fleet Mix Analysis. 
(7) The Secretary’s certification that— 
(A) there is, within the Department of the Army, 
Department of the Air Force, Army National Guard, or 
Air National Guard, a capability gap or shortfall with 
respect to intra-theater airlift; and 
(B) validated requirements exist to fill that gap or 
shortfall through procurement of the Joint Cargo Aircraft. 
SEC. 132. CLARIFICATION OF LIMITATION ON RETIREMENT OF U–2 
AIRCRAFT. 
Section 133(b) of the John Warner National Defense Authoriza-
tion Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2112) 
is amended— 
(1) in paragraph (1)— 
Certification. 
Study. 
Deadline. 
Submissions. 
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122 STAT. 31 
PUBLIC LAW 110–181—JAN. 28, 2008 
(A) by striking ‘‘After fiscal year 2007’’ and inserting 
‘‘For each fiscal year after fiscal year 2007’’; and 
(B) by inserting after ‘‘Secretary of Defense’’ the fol-
lowing: ‘‘, in that fiscal year,’’; and 
(2) in paragraph (2)— 
(A) by inserting after ‘‘Department of Defense’’ the 
following: ‘‘in a fiscal year’’; and 
(B) by inserting after ‘‘Congress’’ the following: ‘‘in 
that fiscal year’’. 
SEC. 133. REPEAL OF REQUIREMENT TO MAINTAIN RETIRED C–130E 
TACTICAL AIRCRAFT. 
(a) IN GENERAL.—Effective as of the date specified in subsection 
(b), section 137(b) of the John Warner National Defense Authoriza-
tion Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2114) 
is repealed. 
(b) SPECIFIED DATE.—The date specified in this subsection is 
the date that is 30 days after the date on which the Secretary 
of the Air Force submits to the congressional defense committees 
the Fleet Mix Analysis Study. 
SEC. 134. LIMITATION ON RETIREMENT OF C–130E/H TACTICAL AIRLIFT 
AIRCRAFT. 
(a) GENERAL PROHIBITION.—The Secretary of the Air Force 
may not retire C–130E/H tactical airlift aircraft during fiscal year 
2008, except as provided in subsection (b). 
(b) CONTINGENT AUTHORITY TO RETIRE CERTAIN C–130E AIR-
CRAFT.—Effective as of the date specified in subsection (d), sub-
section (a) shall not apply to C–130E tactical airlift aircraft, and 
the number of such aircraft retired by the Secretary of the Air 
Force during fiscal year 2008 may not exceed 24. 
(c) TREATMENT OF RETIRED AIRCRAFT.—The Secretary of the 
Air Force shall maintain each C–130E tactical airlift aircraft that 
is retired during fiscal year 2008 in a condition that would allow 
recall of that aircraft to future service. 
(d) SPECIFIED DATE.—The date specified in this subsection is 
the date that is 30 days after the date on which the Secretary 
of the Air Force submits to the congressional defense committees 
the Fleet Mix Analysis Study. 
SEC. 
135. 
LIMITATION 
ON 
RETIREMENT 
OF 
KC–135E 
AERIAL 
REFUELING AIRCRAFT. 
(a) LIMITATION ON RETIREMENT OF MORE THAN 48 AIRCRAFT.— 
The Secretary of the Air Force may not retire more than 48 KC– 
135E aerial refueling aircraft of the Air Force during fiscal year 
2008, except as provided in subsection (b). 
(b) CONTINGENT AUTHORITY
TO RETIRE 37 ADDITIONAL AIR-
CRAFT.—Effective as of the date specified in subsection (c), the 
number of such aircraft retired by the Secretary of the Air Force 
during fiscal year 2008 may not exceed 85. 
(c) SPECIFIED DATE.—The date specified in this subsection is 
the date that is 15 days after the date on which the Secretary 
of the Air Force submits to the congressional defense committees 
the Secretary’s certification that— 
(1) the system design and development contract for the 
KC-X program has been awarded; and 
(2) if a protest is submitted pursuant to subchapter 5 
of title 31, United States Code— 
Certification. 
Effective date. 
Study. 
Effective date. 
Study. 
Effective date. 
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122 STAT. 32 
PUBLIC LAW 110–181—JAN. 28, 2008 
(A) the protest has been resolved in favor of the Federal 
agency; or 
(B) the Secretary has authorized performance of the 
contract (notwithstanding the protest). 
SEC. 136. TRANSFER TO GOVERNMENT OF IRAQ OF THREE C–130E 
TACTICAL AIRLIFT AIRCRAFT. 
The Secretary of the Air Force may transfer not more than 
3 C–130E tactical airlift aircraft, allowed to be retired under the 
John Warner National Defense Authorization Act for Fiscal Year 
2007 (Public Law 109–364), to the Government of Iraq. 
SEC. 137. MODIFICATION OF LIMITATIONS ON RETIREMENT OF B–52 
BOMBER AIRCRAFT. 
(a) MAINTENANCE
OF
PRIMARY, BACKUP, 
AND
ATTRITION 
RESERVE INVENTORY OF AIRCRAFT.—Subsection (a) of section 131 
of the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109–364; 120 Stat. 2111) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘and’’ at the end; 
(B) in subparagraph (B), by striking the period at 
the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(C) shall maintain in a common capability configura-
tion a primary aircraft inventory of not less than 63 such 
aircraft, a backup aircraft inventory of not less than 11 
such aircraft, and an attrition reserve aircraft inventory 
of not less than 2 such aircraft; and 
‘‘(D) shall not keep any such aircraft referred to in 
subparagraph (C) in a status considered excess to the 
requirements of the possessing command and awaiting dis-
position instructions.’’; and 
(2) by adding at the end the following: 
‘‘(3) DEFINITIONS.—For purposes of paragraph (1): 
‘‘(A) The term ‘primary aircraft inventory’ means air-
craft assigned to meet the primary aircraft authorization 
to— 
‘‘(i) a unit for the performance of its wartime mis-
sion; 
‘‘(ii) a training unit primarily for technical and 
specialized training for crew personnel or leading to 
aircrew qualification; 
‘‘(iii) a test unit for testing of the aircraft or its 
components for purposes of research, development, test 
and evaluation, operational test and evaluation, or to 
support testing programs; or 
‘‘(iv) meet requirements for special missions not 
elsewhere classified. 
‘‘(B) The term ‘backup aircraft inventory’ means air-
craft above the primary aircraft inventory to permit sched-
uled and unscheduled depot level maintenance, modifica-
tions, inspections, and repairs, and certain other mitigating 
circumstances without reduction of aircraft available for 
the assigned mission. 
‘‘(C) The term ‘attrition reserve aircraft inventory’ 
means aircraft required to replace anticipated losses of 
primary aircraft inventory due to peacetime accidents or 
wartime attrition. 
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122 STAT. 33 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(4) TREATMENT
OF
RETIRED
AIRCRAFT.—Of the aircraft 
retired in accordance with paragraph (1)(A), the Secretary of 
the Air Force may use not more than 2 such aircraft for mainte-
nance ground training.’’. 
(b) NOTICE OF RETIREMENT.—Subsection (b)(1) of such section 
is amended by striking ‘‘45 days’’ and inserting ‘‘60 days’’. 
TITLE II—RESEARCH, DEVELOPMENT, 
TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for defense science and technology. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Operational test and evaluation of Future Combat Systems network. 
Sec. 212. Limitation on use of funds for systems development and demonstration 
of Joint Light Tactical Vehicle Program. 
Sec. 213. Requirement to obligate and expend funds for development and procure-
ment of a competitive propulsion system for the Joint Strike Fighter. 
Sec. 214. Limitation on use of funds for defense-wide manufacturing science and 
technology program. 
Sec. 215. Advanced Sensor Applications Program. 
Sec. 216. Active protection systems. 
Subtitle C—Ballistic Missile Defense 
Sec. 221. Participation of Director, Operational Test and Evaluation, in missile de-
fense test and evaluation activities. 
Sec. 222. Study on future roles and missions of the Missile Defense Agency. 
Sec. 223. Budget and acquisition requirements for Missile Defense Agency activi-
ties. 
Sec. 224. Limitation on use of funds for replacing warhead on SM–3 Block IIA mis-
sile. 
Sec. 225. Extension of Comptroller General assessments of ballistic missile defense 
programs. 
Sec. 226. Limitation on availability of funds for procurement, construction, and de-
ployment of missile defenses in Europe. 
Sec. 227. Sense of Congress on missile defense cooperation with Israel. 
Sec. 228. Limitation on availability of funds for deployment of missile defense 
interceptors in Alaska. 
Sec. 229. Policy of the United States on protection of the United States and its al-
lies against Iranian ballistic missiles. 
Subtitle D—Other Matters 
Sec. 231. Coordination of human systems integration activities related to acquisi-
tion programs. 
Sec. 232. Expansion of authority for provision of laboratory facilities, services, and 
equipment. 
Sec. 233. Modification of cost sharing requirement for Technology Transition Initia-
tive. 
Sec. 234. Report on implementation of Manufacturing Technology Program. 
Sec. 235. Assessment of sufficiency of test and evaluation personnel. 
Sec. 236. Repeal of requirement for separate reports on technology area review and 
assessment summaries. 
Sec. 237. Modification of notice and wait requirement for obligation of funds for for-
eign comparative test program. 
Sec. 238. Strategic Plan for the Manufacturing Technology Program. 
Sec. 239. Modification of authorities on coordination of Defense Experimental Pro-
gram to Stimulate Competitive Research with similar Federal programs. 
Sec. 240. Enhancement of defense nanotechnology research and development pro-
gram. 
Sec. 241. Federally funded research and development center assessment of the De-
fense Experimental Program to Stimulate Competitive Research. 
Sec. 242. Cost-benefit analysis of proposed funding reduction for High Energy 
Laser Systems Test Facility. 
Sec. 243. Prompt global strike. 
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122 STAT. 34 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle A—Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows: 
(1) For the Army, $10,840,392,000. 
(2) For the Navy, $16,980,732,000. 
(3) For the Air Force, $25,692,521,000. 
(4) For Defense-wide activities, $20,213,900,000, of which 
$180,264,000 is authorized for the Director of Operational Test 
and Evaluation. 
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY. 
(a) FISCAL YEAR 2008.—Of the amounts authorized to be appro-
priated by section 201, $10,913,944,000 shall be available for the 
Defense Science and Technology Program, including basic research, 
applied research, and advanced technology development projects. 
(b) BASIC RESEARCH, APPLIED RESEARCH, AND ADVANCED TECH-
NOLOGY DEVELOPMENT DEFINED.—For purposes of this section, the 
term ‘‘basic research, applied research, and advanced technology 
development’’ means work funded in program elements for defense 
research and development under Department of Defense budget 
activity 1, 2, or 3. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. OPERATIONAL TEST AND EVALUATION OF FUTURE COMBAT 
SYSTEMS NETWORK. 
(a) OPERATIONAL TEST AND EVALUATION REQUIRED.—The Sec-
retary of the Army, in cooperation with the Director, Operational 
Test and Evaluation, shall complete an operational test and evalua-
tion (as defined in section 139(a)(2)(A) of title 10, United States 
Code), of the FCS network in a realistic environment simulating 
operational conditions. The operational test and evaluation shall— 
(1) be conducted in accordance with a Future Combat Sys-
tems Test and Evaluation Master Plan approved by the 
Director, Operational Test and Evaluation; 
(2) be conducted using prototype equipment, sensors, and 
software for the FCS network; 
(3) be conducted in a manner that simulates a full Future 
Combat Systems brigade; 
(4) be conducted, to the maximum extent possible, using 
actual communications equipment instead of computer simula-
tions; 
(5) be conducted in a realistic operational electronic warfare 
environment, including enemy electronic warfare and network 
attacks; and 
(6) include, to the maximum extent possible, all sensor 
information feeds the FCS network is designed to incorporate. 
(b) FCS NETWORK DEFINED.—In this section, the term ‘‘FCS 
network’’ includes all sensors, information systems, computers, and 
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122 STAT. 35 
PUBLIC LAW 110–181—JAN. 28, 2008 
communications systems necessary to support Future Combat Sys-
tems brigade operations. 
(c) REPORT.—Not later than 120 days after completing the 
operational test and evaluation required by subsection (a), the 
Director, Operational Test and Evaluation shall submit to the 
congressional defense committees a report on the outcome of the 
operational test and evaluation. The report shall include, at a 
minimum— 
(1) an evaluation of the overall operational effectiveness 
of the FCS network, including— 
(A) an evaluation of the FCS network’s capability to 
transmit the volume and classes of data required by Future 
Combat Systems approved requirements; and 
(B) an evaluation of the FCS network’s performance 
in a degraded condition due to enemy network attack, 
sophisticated enemy electronic warfare, adverse weather 
conditions, and terrain variability; 
(2) an evaluation of the FCS network’s ability to improve 
friendly force knowledge of the location and capability of enemy 
forces and combat systems; and 
(3) an evaluation of the overall operational suitability of 
the FCS network. 
(d) LIMITATION PENDING SUBMISSION OF REPORT.— 
(1) IN GENERAL.—No funds, with the exception of funds 
for advanced procurement, appropriated pursuant to an 
authorization of appropriations or otherwise made available 
to the Department of the Army for any fiscal year may be 
obligated for low-rate initial production or full-rate production 
of Future Combat Systems manned ground vehicles until 60 
days after the date on which the report is submitted under 
subsection (c). 
(2) WAIVER
AUTHORITY.—The Secretary of Defense may 
waive the limitation in paragraph (1) if the Secretary deter-
mines that such a waiver is critical for national security. Such 
a waiver shall not become effective until 45 days after the 
date on which the Secretary submits to the congressional 
defense committees a written notice of the waiver. 
(3) INAPPLICABILITY TO THE NON LINE OF SIGHT CANNON 
VEHICLE.—The limitation in paragraph (1) does not apply to 
the Non Line of Sight Cannon vehicle. 
SEC. 212. LIMITATION ON USE OF FUNDS FOR SYSTEMS DEVELOPMENT 
AND 
DEMONSTRATION 
OF 
JOINT 
LIGHT 
TACTICAL 
VEHICLE PROGRAM. 
Of the amounts appropriated pursuant to an authorization 
of appropriations or otherwise made available for the Joint Light 
Tactical Vehicle Program for the acquisition program phase of sys-
tems development and demonstration for fiscal year 2008 or any 
fiscal year thereafter, no more than 50 percent of those amounts 
may be obligated or expended until after— 
(1) the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics, or the appropriate milestone decision 
authority, makes the certification required by section 2366a 
of title 10, United States Code, with respect to the Joint Light 
Tactical Vehicle Program; and 
(2) the certification has been received by the congressional 
defense committees. 
Certification. 
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122 STAT. 36 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 213. REQUIREMENT TO OBLIGATE AND EXPEND FUNDS FOR 
DEVELOPMENT AND PROCUREMENT OF A COMPETITIVE 
PROPULSION SYSTEM FOR THE JOINT STRIKE FIGHTER. 
Of the funds appropriated pursuant to an authorization of 
appropriations or otherwise made available for fiscal year 2008 
or any year thereafter, for research, development, test, and evalua-
tion and procurement for the Joint Strike Fighter Program, the 
Secretary of Defense shall ensure the obligation and expenditure 
in each such fiscal year of sufficient annual amounts for the contin-
ued development and procurement of 2 options for the propulsion 
system for the Joint Strike Fighter in order to ensure the develop-
ment and competitive production for the propulsion system for 
the Joint Strike Fighter. 
SEC. 214. LIMITATION ON USE OF FUNDS FOR DEFENSE-WIDE MANU-
FACTURING SCIENCE AND TECHNOLOGY PROGRAM. 
No funds available to the Office of the Secretary of Defense 
for any fiscal year may be obligated or expended for the defense- 
wide manufacturing science and technology program unless the 
Director, Defense Research and Engineering, ensures each of the 
following: 
(1) A component of the Department of Defense has 
requested and evaluated— 
(A) competitive proposals, for each project under the 
program that is not a project covered by subparagraph 
(B); and 
(B) proposals from as many sources as is practicable 
under the circumstances, for a project under the program 
if the disclosure of the needs of the Department of Defense 
with respect to that project would compromise the national 
security. 
(2) Each project under the program is carried out— 
(A) in accordance with the statutory requirements of 
the Manufacturing Technology Program established by sec-
tion 2521 of title 10, United States Code; and 
(B) in compliance with all requirements of any directive 
that applies to manufacturing technology. 
(3) An implementation plan has been developed. 
SEC. 215. ADVANCED SENSOR APPLICATIONS PROGRAM. 
(a) TRANSFER
OF FUNDS.—(1) Of the amount authorized to 
be appropriated by section 201(3) for research, development, test, 
and evaluation, Air Force activities, and made available for the 
activities of the Intelligence Systems Support Office, an aggregate 
of $13,000,000 shall be transferred to the Advanced Sensor Applica-
tions Program not later than 60 days after the date of the enactment 
of this Act. 
(2) Of the amount authorized to be appropriated by section 
301(2) for operation and maintenance, Navy activities, and made 
available for the activities of the Office of Naval Intelligence, an 
aggregate of $5,000,000 shall be transferred to the Advanced Sensor 
Applications Program not later than 60 days after the date of 
the enactment of this Act. 
(b) ASSIGNMENT OF PROGRAM.—Management of the program 
shall reside within the office of the Under Secretary of Defense 
for Intelligence until certain conditions specified in the classified 
annex to the statement of managers accompanying this Act are 
Deadlines. 
10 USC 2521 
note. 
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122 STAT. 37 
PUBLIC LAW 110–181—JAN. 28, 2008 
met. The program shall be executed by the Commander, Naval 
Air Systems Command in consultation with the Program Executive 
Officer for Aviation for the Navy. 
SEC. 216. ACTIVE PROTECTION SYSTEMS. 
(a) LIVE-FIRE TESTS REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall undertake 
live-fire tests, of appropriate foreign and domestic active protec-
tion systems with size, weight, and power characteristics suit-
able for protecting wheeled tactical vehicles, especially light 
wheeled tactical vehicles, in order— 
(A) to determine the effectiveness of such systems for 
protecting wheeled tactical vehicles; and 
(B) to develop information useful in the consideration 
of the adoption of such systems in defense acquisition pro-
grams. 
(2) REPORTS.—Not later than March 1 of each of 2008 
and 2009, the Secretary shall submit to the congressional 
defense committees a report on the results of the tests under-
taken under paragraph (1) as of the date of such report. 
(3) FUNDING.—The live-fire tests required by paragraph 
(1) shall be conducted using funds authorized and appropriated 
for the Joint Improvised Explosive Device Defeat Fund. 
(b) COMPREHENSIVE ASSESSMENT REQUIRED.— 
(1) IN GENERAL.—The Secretary shall undertake a com-
prehensive assessment of active protection systems in order 
to develop information useful in the development of joint active 
protection systems and other defense programs. 
(2) ELEMENTS.—The assessment under paragraph (1) shall 
include— 
(A) an identification of the potential merits and oper-
ational costs of the use of active protection systems by 
United States military forces; 
(B) a characterization of the threats that use of active 
protection systems by potential adversaries would pose to 
United States military forces and weapons; 
(C) an identification and assessment of counter-
measures to active protection systems; 
(D) an analysis of collateral damage potential of active 
protection systems; 
(E) an identification and assessment of emerging 
direct-fire and top-attack threats to defense systems that 
could potentially deploy active protection systems; and 
(F) an identification and assessment of critical tech-
nology elements of active protection systems. 
(3) REPORT.—Not later than December 31, 2008, the Sec-
retary shall submit to the congressional defense committees 
a report on the assessment under paragraph (1). 
Subtitle C—Ballistic Missile Defense 
SEC. 221. PARTICIPATION OF DIRECTOR, OPERATIONAL TEST AND 
EVALUATION, IN MISSILE DEFENSE TEST AND EVALUA-
TION ACTIVITIES. 
Section 139 of title 10, United States Code, is amended— 
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122 STAT. 38 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) by redesignating subsections (f) through (j) as sub-
sections (g) through (k), respectively; and 
(2) by inserting after subsection (e) the following new sub-
section (f): 
‘‘(f)(1) The Director of the Missile Defense Agency shall make 
available to the Director of Operational Test and Evaluation the 
results of all tests and evaluations conducted by the Missile Defense 
Agency and of all studies conducted by the Missile Defense Agency 
in connection with tests and evaluations in the Missile Defense 
Agency. 
‘‘(2) The Director of Operational Test and Evaluation may 
require that such observers as the Director designates be present 
during the preparation for and the conducting of any test and 
evaluation conducted by the Missile Defense Agency. 
‘‘(3) The Director of Operational Test and Evaluation shall 
have access to all records and data in the Department of Defense 
(including the records and data of the Missile Defense Agency) 
that the Director considers necessary to review in order to carry 
out his duties under this subsection.’’. 
SEC. 222. STUDY ON FUTURE ROLES AND MISSIONS OF THE MISSILE 
DEFENSE AGENCY. 
(a) IN GENERAL.—The Secretary of Defense shall enter into 
an agreement with 1 of the Federally Funded Research and Develop-
ment Centers under which the Center shall carry out an inde-
pendent study to examine, and make recommendations with respect 
to, the long-term structure, roles, and missions of the Missile 
Defense Agency. 
(b) MATTERS INCLUDED.— 
(1) REVIEW.—The study shall include a full review of the 
structure, roles, and missions of the Missile Defense Agency. 
(2) ASSESSMENTS.—The study shall include an examination 
and assessment of the current and future— 
(A) structure, roles, and missions of the Missile Defense 
Agency; 
(B) relationship of the Missile Defense Agency with— 
(i) the Office of the Under Secretary of Defense 
for Acquisition, Technology, and Logistics; 
(ii) the Office of the Under Secretary of Defense 
for Policy; 
(iii) the Director of Operational Test and Evalua-
tion; 
(iv) the Commander of the United States Strategic 
Command and other combatant commanders; 
(v) the Joint Requirements Oversight Council; and 
(vi) the military departments; 
(C) operations and sustainment of missile defenses; 
(D) acquisition process for missile defense; 
(E) requirements process for missile defense; and 
(F) transition and transfer of missile defense capabili-
ties to the military departments. 
(3) RECOMMENDATIONS.—The study shall include rec-
ommendations as to how the Missile Defense Agency can be 
made more effective to support the needs of the warfighter, 
especially with regard to near-term missile defense capabilities. 
The study shall also examine the full range of options for 
Records. 
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122 STAT. 39 
PUBLIC LAW 110–181—JAN. 28, 2008 
the future of the Missile Defense Agency and shall include, 
but not be limited to, specific recommendations as to whether— 
(A) the Missile Defense Agency should be maintained 
in its current configuration; 
(B) the scope and nature of the Missile Defense Agency 
should be changed from an organization focused on research 
and development to an organization focused on combat 
support; 
(C) any functions and responsibilities should be added 
to the Missile Defense Agency, in part or in whole, from 
other entities such as the United States Strategic Com-
mand and the military departments; and 
(D) any functions and responsibilities of the Missile 
Defense Agency should be transferred, in part or in whole, 
to other entities such as the United States Strategic Com-
mand and the military departments. 
(c) COOPERATION FROM GOVERNMENT.—In carrying out the 
study, the Federally Funded Research and Development Center 
shall receive the full and timely cooperation of the Secretary of 
Defense and any other United States Government official in pro-
viding the Center with analyses, briefings, and other information 
necessary for the fulfillment of its responsibilities. 
(d) REPORT.—Not later than September 1, 2008, the Federally 
Funded Research and Development Center shall submit to the 
Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives a report on 
its findings, conclusions, and recommendations. 
(e) FUNDING.—Funds for the study shall be provided from 
amounts appropriated for the Department of Defense. 
SEC. 223. BUDGET AND ACQUISITION REQUIREMENTS FOR MISSILE 
DEFENSE AGENCY ACTIVITIES. 
(a) REVISED BUDGET STRUCTURE.—The budget justification 
materials submitted to Congress in support of the Department 
of Defense budget for any fiscal year after fiscal year 2009 (as 
submitted with the budget of the President under section 1105(a) 
of title 31, United States Code) shall set forth separately amounts 
requested for the Missile Defense Agency for each of the following: 
(1) Research, development, test, and evaluation. 
(2) Procurement. 
(3) Operation and maintenance. 
(4) Military construction. 
(b) REVISED BUDGET STRUCTURE FOR FISCAL YEAR 2009.—The 
budget justification materials submitted to Congress in support 
of the Department of Defense budget for fiscal year 2009 (as sub-
mitted with the budget of the President under section 1105(a) 
of title 31, United States Code) shall— 
(1) identify all known and estimated operation and support 
costs; and 
(2) set forth separately amounts requested for the Missile 
Defense Agency for each of the following: 
(A) Research, development, test, and evaluation. 
(B) Procurement or advance procurement of long lead 
items, including for Terminal High Altitude Area Defense 
firing units 3 and 4, and for Standard Missile-3 Block 
1A interceptors. 
(C) Military construction. 
10 USC 223 note. 
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122 STAT. 40 
PUBLIC LAW 110–181—JAN. 28, 2008 
(c) AVAILABILITY OF RDT&E FUNDS FOR FISCAL YEAR 2009.— 
Upon approval by the Secretary of Defense, and consistent with 
the plan submitted under subsection (f), funds appropriated pursu-
ant to an authorization of appropriations or otherwise made avail-
able for fiscal year 2009 for research, development, test, and evalua-
tion for the Missile Defense Agency— 
(1) may be used for the fielding of ballistic missile defense 
capabilities approved previously by Congress; and 
(2) may not be used for— 
(A) military construction activities; or 
(B) procurement or advance procurement of long lead 
items, including for Terminal High Altitude Area Defense 
firing units 3 and 4, and for Standard Missile-3 Block 
1A interceptors. 
(d) FULL FUNDING REQUIREMENT NOT APPLICABLE TO USE OF 
PROCUREMENT FUNDS FOR FISCAL YEARS 2009 AND 2010.—In any 
case in which funds appropriated pursuant to an authorization 
of appropriations or otherwise made available for procurement for 
the Missile Defense Agency for fiscal years 2009 and 2010 are 
used for the fielding of ballistic missile defense capabilities, the 
funds may be used for the fielding of those capabilities on an 
‘‘incremental’’ basis, notwithstanding any law or policy of the 
Department of Defense that would otherwise require a ‘‘full funding’’ 
basis. 
(e) RELATIONSHIP TO OTHER LAW.—Nothing in this provision 
shall be construed to alter or otherwise affect in any way the 
applicability of the requirements and other provisions of section 
234(a) through (d) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 
Stat. 1837; 10 U.S.C. 2431 note). 
(f) PLAN REQUIRED.—Not later than March 1, 2008, the Director 
of the Missile Defense Agency shall submit to the Committee on 
Armed Services of the Senate and the Committee on Armed Services 
of the House of Representatives a plan for transitioning the Missile 
Defense Agency from using exclusively research, development, test, 
and evaluation funds to using procurement, military construction, 
operations and maintenance, and research, development, test, and 
evaluation funds for the appropriate budget activities, and for 
transitioning from incremental funding to full funding for fiscal 
years after fiscal year 2010. 
(g) OBJECTIVES FOR ACQUISITION ACTIVITIES.— 
(1) IN GENERAL.—Commencing as soon as practicable, but 
not later than the submittal to Congress of the budget for 
the President for fiscal year 2009 under section 1105(a) of 
title 31, United States Code, the Missile Defense Agency shall 
take appropriate actions to achieve the following objectives 
in its acquisition activities: 
(A) Improved transparency. 
(B) Improved accountability. 
(C) Enhanced oversight. 
(2) REQUIRED ACTIONS.—In order to achieve the objectives 
specified in paragraph (1), the Missile Defense Agency shall, 
at a minimum, take actions as follows: 
(A) Establish acquisition cost, schedule, and perform-
ance baselines for each ballistic missile defense system 
element that— 
Deadline. 
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122 STAT. 41 
PUBLIC LAW 110–181—JAN. 28, 2008 
(i) has entered the equivalent of the systems 
development and demonstration phase of acquisition; 
or 
(ii) is being produced and acquired for operational 
fielding. 
(B) Provide unit cost reporting data for each ballistic 
missile defense system element covered by subparagraph 
(A), and secure independent estimation and verification 
of such cost reporting data. 
(C) Include, in the budget justification materials 
described in subsection (a), a description of actions being 
taken in the fiscal year in which such materials are sub-
mitted, and the actions to be taken in the fiscal year 
covered by such materials, to achieve such objectives. 
(3) SPECIFICATION OF BALLISTIC MISSILE DEFENSE SYSTEM 
ELEMENTS.—The ballistic missile defense system elements that, 
as of October 2007, are ballistic missile defense system elements 
covered by paragraph (2)(A) are the following elements: 
(A) Ground-based Midcourse Defense. 
(B) Aegis Ballistic Missile Defense. 
(C) Terminal High Altitude Area Defense. 
(D) Forward-Based X-band radar-Transportable (AN/ 
TPY–2). 
(E) Command, Control, Battle Management, and 
Communications. 
(F) Sea-Based X-band radar. 
(G) Upgraded Early Warning radars. 
SEC. 224. LIMITATION ON USE OF FUNDS FOR REPLACING WARHEAD 
ON SM–3 BLOCK IIA MISSILE. 
None of the funds appropriated or otherwise made available 
pursuant to an authorization of appropriations in this Act may 
be obligated or expended to replace the unitary warhead on the 
SM–3 Block IIA missile with the Multiple Kill Vehicle until after 
the Secretary of Defense certifies to Congress that— 
(1) the United States and Japan have reached an agree-
ment to replace the unitary warhead on the SM–3 Block IIA 
missile; and 
(2) replacing the unitary warhead on the SM–3 Block IIA 
missile with the Multiple Kill Vehicle will not delay the 
expected deployment date of 2014–2015 for that missile. 
SEC. 225. EXTENSION OF COMPTROLLER GENERAL ASSESSMENTS OF 
BALLISTIC MISSILE DEFENSE PROGRAMS. 
Section 232(g) of the National Defense Authorization Act for 
Fiscal Year 2002 (10 U.S.C. 2431 note) is amended— 
(1) in paragraph (1), by striking ‘‘through 2008’’ and 
inserting ‘‘through 2013’’; and 
(2) in paragraph (2), by striking ‘‘through 2009’’ and 
inserting ‘‘through 2014’’. 
SEC. 226. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCURE-
MENT, CONSTRUCTION, AND DEPLOYMENT OF MISSILE 
DEFENSES IN EUROPE. 
(a) GENERAL LIMITATION.—No funds authorized to be appro-
priated by this Act may be obligated or expended for procurement, 
site activation, construction, preparation of equipment for, or 
Japan. 
Certification. 
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122 STAT. 42 
PUBLIC LAW 110–181—JAN. 28, 2008 
deployment of a long-range missile defense system in Europe until 
the following conditions have been met: 
(1) The governments of the countries in which major compo-
nents of such missile defense system (including interceptors 
and associated radars) are proposed to be deployed have each 
given final approval to any missile defense agreements nego-
tiated between such governments and the United States 
Government concerning the proposed deployment of such 
components in their countries. 
(2) Forty five days have elapsed following the receipt by 
Congress of the report required under subsection (c)(6). 
(b) ADDITIONAL LIMITATION.—In addition to the limitation in 
subsection (a), no funds authorized to be appropriated by this Act 
may be obligated or expended for the acquisition or deployment 
of operational missiles of a long-range missile defense system in 
Europe until the Secretary of Defense, after receiving the views 
of the Director of Operational Test and Evaluation, submits to 
Congress a report certifying that the proposed interceptor to be 
deployed as part of such missile defense system has demonstrated, 
through successful, operationally realistic flight testing, a high prob-
ability of working in an operationally effective manner. 
(c) REPORT ON INDEPENDENT ASSESSMENT FOR BALLISTIC MIS-
SILE DEFENSE IN EUROPE.— 
(1) INDEPENDENT
ASSESSMENT.—Not later than 30 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall select a federally funded research and develop-
ment center to conduct an independent assessment of options 
for ballistic missile defense for forward deployed forces of the 
United States and its allies in Europe and for the United 
States homeland. 
(2) ANALYSIS
OF
ADMINISTRATION
PROPOSAL.—The study 
shall provide a full analysis of the Administration’s proposal 
to protect forward-deployed forces of the United States and 
its allies in Europe, forward-deployed radars in Europe, and 
the United States by deploying, in Europe, interceptors and 
radars of the Ground-Based Midcourse Defense (GMD) system. 
In providing the analysis, the study shall examine each of 
the following matters: 
(A) The threat to Europe and the United States of 
ballistic missiles (including short-range, medium-range, 
intermediate-range, and long-range ballistic missiles) from 
Iran, including the likelihood and timing of such threats. 
(B) The technical capabilities of the system, as so 
deployed, to effectively protect forward-deployed forces of 
the United States and its allies in Europe, forward-deployed 
radars in Europe, and the United States against the threat 
specified in subparagraph (A). 
(C) The degree of coverage of the European territory 
of members of the North Atlantic Treaty Organization. 
(D) The political implications of such a deployment 
on the United States, the North Atlantic Treaty Organiza-
tion, and other interested parties. 
(E) Integration and interoperability with North 
Atlantic Treaty Organization missile defenses. 
(F) The operational issues associated with such a 
deployment, including operational effectiveness. 
Reports. 
Certification. 
Deadline. 
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122 STAT. 43 
PUBLIC LAW 110–181—JAN. 28, 2008 
(G) The force structure implications of such a deploy-
ment, including a comparative analysis of alternative 
deployment options. 
(H) The budgetary implications of such a deployment, 
including possible allied cost sharing, and the cost-effective-
ness of such a deployment. 
(I) Command and control arrangements, including any 
command and control roles for the United States European 
Command and the North Atlantic Treaty Organization. 
(J) Potential opportunities for participation by the 
Government of Russia. 
(3) ANALYSIS OF ALTERNATIVES.—The study shall also pro-
vide a full analysis of alternative systems that could be deployed 
to fulfill, in whole or in part, the protective purposes of the 
Administration’s proposal. The alternative systems shall 
include a range of feasible combinations of other missile defense 
systems that are available or are expected to be available 
as of 2015 and 2020. These should include, but not be limited 
to, the following: 
(A) The Patriot PAC–3 system. 
(B) The Medium Extended Air Defense System. 
(C) The Aegis Ballistic Missile Defense system, with 
all variants of the Standard Missile–3 interceptor. 
(D) The Terminal High Altitude Area Defense 
(THAAD) system. 
(E) Forward-Based X-band Transportable (FBX-T) 
radars. 
(F) The Kinetic Energy Interceptor (KEI). 
(G) Other non-United States, North Atlantic Treaty 
Organization missile defense systems or components. 
(4) MATTERS
EXAMINED.—In providing the analysis, the 
study shall examine, for each alternative system included, each 
of the matters specified in paragraph (2). 
(5) COOPERATION OF OTHER AGENCIES.—The Secretary of 
Defense shall provide the federally funded research and 
development center selected under paragraph (1) data, anal-
yses, briefings, and other information as the center considers 
necessary to carry out the assessment described in that para-
graph. Furthermore, the Director of National Intelligence and 
the heads of other departments and agencies of the United 
States Government shall also provide the center the appropriate 
data, analyses, briefings, and other information necessary for 
the purpose of carrying out the assessment described in that 
paragraph. 
(6) REPORT.—Not later than 180 days after the date of 
the enactment of this Act, the federally funded research and 
development center shall submit to the congressional defense 
committees and the Secretary of Defense a report on the results 
of the study. The report shall be in unclassified form, but 
may include a classified annex. 
(7) FUNDING.—Of the amounts appropriated or otherwise 
made available pursuant to the authorization of appropriations 
in section 201(4), $1,000,000 is available to carry out the study 
required by this subsection. 
(d) CONSTRUCTION.—Nothing in this section shall be construed 
to limit continuing obligation and expenditure of funds for missile 
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122 STAT. 44 
PUBLIC LAW 110–181—JAN. 28, 2008 
defense, including for research and development and for other activi-
ties not otherwise limited by subsection (a) or (b), including, but 
not limited to, site surveys, studies, analysis, and planning and 
design for the proposed missile defense deployment in Europe. 
SEC. 227. SENSE OF CONGRESS ON MISSILE DEFENSE COOPERATION 
WITH ISRAEL. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
the United States should have an active program of ballistic missile 
defense cooperation with Israel, and should take steps to improve 
the coordination, interoperability, and integration of United States 
and Israeli missile defense capabilities, and to enhance the capa-
bility of both nations to defend against ballistic missile threats 
present in the Middle East region. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 180 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 of missile defense cooperation between the United 
States and Israel. 
(2) CONTENT.—The report submitted under this subsection 
shall include each of the following: 
(A) A description of the current program of ballistic 
missile defense cooperation between the United States and 
Israel, including its objectives and results to date. 
(B) A description of steps taken within the previous 
five years to improve the interoperability and coordination 
of the missile defense capabilities of the United States 
and Israel. 
(C) A description of steps planned to be taken by 
the governments of the United States and Israel in the 
future to improve the coordination, interoperability, and 
integration of their missile defense capabilities. 
(D) A description of joint efforts of the United States 
and Israel to develop ballistic missile defense technologies. 
(E) A description of joint missile defense exercises and 
training that have been conducted by the United States 
and Israel, and the lessons learned from those exercises. 
(F) A description of the joint missile defense testing 
activities of the United States and Israel, past and planned, 
and the benefits of such joint testing activities. 
(G) A description of how the United States and Israel 
share threat assessments regarding the ballistic missile 
threat. 
(H) Any other matters that the Secretary considers 
appropriate. 
SEC. 228. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPLOYMENT 
OF MISSILE DEFENSE INTERCEPTORS IN ALASKA. 
None of the funds authorized to be appropriated by this Act 
may be obligated or expended to deploy more than 40 Ground- 
Based Interceptors at Fort Greely, Alaska, until the Secretary of 
Defense, after receiving the views of the Director of Operational 
Test and Evaluation, submits to Congress a certification that the 
Block 2006 Ground-based Midcourse Defense element of the Bal-
listic Missile Defense System has demonstrated, through operation-
ally realistic end-to-end flight testing, that it has a high probability 
of working in an operationally effective manner. 
Certification. 
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122 STAT. 45 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 229. POLICY OF THE UNITED STATES ON PROTECTION OF THE 
UNITED STATES AND ITS ALLIES AGAINST IRANIAN BAL-
LISTIC MISSILES. 
(a) FINDING.—Congress finds that Iran maintains a nuclear 
program in continued defiance of the international community while 
developing ballistic missiles of increasing sophistication and range 
that— 
(1) pose a threat to— 
(A) the forward-deployed forces of the United States; 
(B) North Atlantic Treaty Organization (NATO) allies 
in Europe; and 
(C) other allies and friendly foreign countries in the 
region; and 
(2) eventually could pose a threat to the United States 
homeland. 
(b) POLICY OF THE UNITED STATES.—It is the policy of the 
United States— 
(1) to develop, test, and deploy, as soon as technologically 
feasible, in conjunction with allies and friendly foreign countries 
whenever possible, an effective defense against the threat from 
Iran described in subsection (a) that will provide protection— 
(A) for the forward-deployed forces of the United 
States, NATO allies, and other allies and friendly foreign 
countries in the region; and 
(B) for the United States homeland; 
(2) to encourage the NATO alliance to accelerate its efforts 
to— 
(A) protect NATO territory in Europe against the 
existing threat of Iranian short- and medium-range ballistic 
missiles; and 
(B) facilitate the ability of NATO allies to acquire 
the missile defense systems needed to provide a wide- 
area defense capability against short- and medium-range 
ballistic missiles; and 
(3) to proceed with the activities specified in paragraphs 
(1) and (2) in a manner such that any missile defense systems 
fielded by the United States in Europe are integrated with 
or complementary to missile defense systems fielded by NATO 
in Europe. 
Subtitle D—Other Matters 
SEC. 231. COORDINATION OF HUMAN SYSTEMS INTEGRATION ACTIVI-
TIES RELATED TO ACQUISITION PROGRAMS. 
(a) IN GENERAL.—The Secretary of Defense, acting through 
the Under Secretary of Defense for Acquisition, Technology, and 
Logistics, shall coordinate and manage human systems integration 
activities throughout the acquisition programs of the Department 
of Defense. 
(b) ADMINISTRATION.—In carrying out subsection (a), the Sec-
retary shall designate a senior official to be responsible for the 
effort. 
(c) RESPONSIBILITIES.—In carrying out this section, the senior 
official designated in subsection (b) shall— 
(1) coordinate the planning, management, and execution 
of such activities; and 
10 USC 1701 
note. 
10 USC 2431 
note. 
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122 STAT. 46 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) identify and recommend, as appropriate, resource 
requirements for human systems integration activities. 
(d) DESIGNATION.—The designation required by subsection (b) 
shall be made not later than 60 days after the date of the enactment 
of this Act. 
SEC. 232. EXPANSION OF AUTHORITY FOR PROVISION OF LABORATORY 
FACILITIES, SERVICES, AND EQUIPMENT. 
Section 2539b of title 10, United States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (2) by striking ‘‘and’’ at the end; 
(B) in paragraph (3) by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(4) make available to any person or entity, through leases, 
contracts, or other appropriate arrangements, facilities, serv-
ices, and equipment of any government laboratory, research 
center, or range, if the facilities, services, and equipment pro-
vided will not be in direct competition with the domestic private 
sector.’’; 
(2) in subsection (c)— 
(A) by striking ‘‘for services’’; and 
(B) by striking ‘‘subsection (a)(3)’’ and inserting ‘‘sub-
sections (a)(3) and (a)(4)’’; and 
(3) in subsection (d)— 
(A) by striking ‘‘for services made available’’; and 
(B) by striking ‘‘subsection (a)(3)’’ and inserting ‘‘sub-
sections (a)(3) and (a)(4)’’. 
SEC. 233. MODIFICATION OF COST SHARING REQUIREMENT FOR TECH-
NOLOGY TRANSITION INITIATIVE. 
Paragraph (2) of section 2359a(f) of title 10, United States 
Code, is amended to read as follows: 
‘‘(2) The amount of funds provided to a project under paragraph 
(1) by the military department or Defense Agency concerned shall 
be the appropriate share of the military department or Defense 
Agency, as the case may be, of the cost of the project, as determined 
by the Manager.’’. 
SEC. 234. REPORT ON IMPLEMENTATION OF MANUFACTURING TECH-
NOLOGY PROGRAM. 
(a) REPORT REQUIRED.—Not later than September 1, 2008, the 
Secretary of Defense shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of 
the House of Representatives a report on the implementation of 
the technologies and processes developed under the Manufacturing 
Technology Program required by section 2521 of title 10, United 
States Code. 
(b) ELEMENTS.—The report shall identify each technology or 
process implemented and, for each such technology or process, 
shall identify— 
(1) the project of the Manufacturing Technology Program 
through which the technology or process was developed, the 
Federal and non-Federal participants in that project, and the 
duration of the project; 
(2) the organization or program implementing the tech-
nology or process, and a description of the implementation; 
Deadline. 
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122 STAT. 47 
PUBLIC LAW 110–181—JAN. 28, 2008 
(3) the funding required to implement the technology or 
process, including— 
(A) funds provided by military departments and 
Defense Agencies under the Manufacturing Technology Pro-
gram; 
(B) funds provided by the Department of Defense, or 
any element of the Department, to co-develop the tech-
nology or process; 
(C) to the maximum extent practicable, funds provided 
by the Department of Defense, or any element of the 
Department, to— 
(i) mature the technology or process prior to transi-
tion to the Manufacturing Technology Program; and 
(ii) provide for the implementation of the tech-
nology or process; 
(4) the total value of industry cost share, if applicable; 
(5) if applicable, the total value of cost avoidance or cost 
savings directly attributable to the implementation of the tech-
nology or process; and 
(6) a description of any system performance enhancements, 
technology performance enhancements, or improvements in a 
manufacturing readiness level of a system or a technology. 
(c) DEFINITION.—For purposes of this section, the term 
‘‘implementation’’ refers to— 
(1) the use of a technology or process in the manufacture 
of defense materiel; 
(2) the inclusion of a technology or process in the systems 
engineering plan for a program of record; or 
(3) the use of a technology or process for the manufacture 
of commercial items. 
(d) SCOPE.—The report shall include technologies or processes 
developed with funds appropriated or otherwise made available 
for the Manufacturing Technology programs of the military depart-
ments and Defense Agencies for fiscal years 2003 through 2005. 
SEC. 235. ASSESSMENT OF SUFFICIENCY OF TEST AND EVALUATION 
PERSONNEL. 
(a) ASSESSMENT REQUIRED.—The Director of Operational Test 
and Evaluation shall assess whether the Director’s professional 
staff meets the requirement of section 139(j) of title 10, United 
States Code, that the staff be sufficient to carry out the Director’s 
duties and responsibilities. 
(b) INCLUSION
IN REPORT.—The Director shall include the 
results of the assessment in the report, required by section 139(g) 
of title 10, United States Code, summarizing the operational test 
and evaluation activities during fiscal year 2007. 
SEC. 236. REPEAL OF REQUIREMENT FOR SEPARATE REPORTS ON 
TECHNOLOGY AREA REVIEW AND ASSESSMENT SUM-
MARIES. 
Subsection (c) of section 253 of the National Defense Authoriza-
tion Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3179; 
10 U.S.C. 2501 note) is repealed. 
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122 STAT. 48 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 237. MODIFICATION OF NOTICE AND WAIT REQUIREMENT FOR 
OBLIGATION OF FUNDS FOR FOREIGN COMPARATIVE 
TEST PROGRAM. 
Paragraph (3) of section 2350a(g) of title 10, United States 
Code, is amended to read as follows: 
‘‘(3) The Director of Defense Research and Engineering shall 
notify the congressional defense committees of the intent to obligate 
funds made available to carry out this subsection not less than 
7 days before such funds are obligated.’’. 
SEC. 238. STRATEGIC PLAN FOR THE MANUFACTURING TECHNOLOGY 
PROGRAM. 
(a) IN GENERAL.—Section 2521 of title 10, United States Code, 
is amended by adding at the end the following new subsection: 
‘‘(e) FIVE-YEAR
STRATEGIC
PLAN.—(1) The Secretary shall 
develop a plan for the program that includes the following: 
‘‘(A) The overall manufacturing technology goals, mile-
stones, priorities, and investment strategy for the program. 
‘‘(B) The objectives of, and funding for, the program for 
each military department and each Defense Agency that shall 
participate in the program during the period of the plan. 
‘‘(2) The Secretary shall include in the plan mechanisms for 
assessing the effectiveness of the program under the plan. 
‘‘(3) The Secretary shall update the plan on a biennial basis. 
‘‘(4) Each plan, and each update to the plan, shall cover a 
period of five fiscal years.’’. 
(b) INITIAL DEVELOPMENT AND SUBMISSION OF PLAN.— 
(1) DEVELOPMENT.—The Secretary of Defense shall develop 
the strategic plan required by subsection (e) of section 2521 
of title 10, United States Code (as added by subsection (a) 
of this section), so that the plan goes into effect at the beginning 
of fiscal year 2009. 
(2) SUBMISSION.—Not later than the date on which the 
budget of the President for fiscal year 2010 is submitted to 
Congress under section 1105 of title 31, United States Code, 
the Secretary shall submit to the Committee on Armed Services 
of the Senate and the Committee on Armed Services of the 
House of Representatives the plan specified in paragraph (1). 
SEC. 239. MODIFICATION OF AUTHORITIES ON COORDINATION OF 
DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE 
COMPETITIVE RESEARCH WITH SIMILAR FEDERAL PRO-
GRAMS. 
Section 257(e)(2) of the National Defense Authorization Act 
for Fiscal Year 1995 (10 U.S.C. 2358 note) is amended by striking 
‘‘shall’’ each place it appears and inserting ‘‘may’’. 
SEC. 240. ENHANCEMENT OF DEFENSE NANOTECHNOLOGY RESEARCH 
AND DEVELOPMENT PROGRAM. 
(a) PROGRAM PURPOSES.—Subsection (b) of section 246 of the 
Bob Stump National Defense Authorization Act for Fiscal Year 
2003 (Public Law 107–314; 116 Stat. 2500; 10 U.S.C. 2358 note) 
is amended— 
(1) in paragraph (2), by striking ‘‘in nanoscale research 
and 
development’’ 
and 
inserting 
‘‘in 
the 
National 
Nanotechnology 
Initiative 
and 
with 
the 
National 
Nanotechnology Coordination Office under section 3 of the 21st 
Deadline. 
10 USC 2521 
note. 
Deadline. 
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122 STAT. 49 
PUBLIC LAW 110–181—JAN. 28, 2008 
Century Nanotechnology Research and Development Act (15 
U.S.C. 7502)’’; and 
(2) in paragraph (3), by striking ‘‘portfolio of fundamental 
and applied nanoscience and engineering research initiatives’’ 
and inserting ‘‘portfolio of nanotechnology research and develop-
ment initiatives’’. 
(b) PROGRAM ADMINISTRATION.— 
(1) ADMINISTRATION
THROUGH
UNDER
SECRETARY
OF 
DEFENSE FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS.—Sub-
section (c) of such section is amended— 
(A) by striking ‘‘the Director of Defense Research and 
Engineering’’ and inserting ‘‘the Under Secretary of Defense 
for Acquisition, Technology, and Logistics’’; and 
(B) by striking ‘‘The Director’’ and inserting ‘‘The Under 
Secretary’’. 
(2) OTHER ADMINISTRATIVE MATTERS.—Such subsection is 
further amended— 
(A) in paragraph (2), by striking ‘‘the Department’s 
increased investment in nanotechnology research and 
development and the National Nanotechnology Initiative; 
and’’ and inserting ‘‘investments by the Department and 
other departments and agencies participating in the 
National Nanotechnology Initiative in nanotechnology 
research and development;’’; 
(B) in paragraph (3), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new paragraph: 
‘‘(4) oversee Department of Defense participation in inter-
agency coordination of the program with other departments 
and agencies participating in the National Nanotechnology Ini-
tiative.’’. 
(c) PROGRAM ACTIVITIES.—Such section is further amended— 
(1) by striking subsection (d); and 
(2) by adding at the end the following new subsection 
(d): 
‘‘(d) STRATEGIC PLAN.—The Under Secretary shall develop and 
maintain a strategic plan for defense nanotechnology research and 
development that— 
‘‘(1) is integrated with the strategic plan for the National 
Nanotechnology Initiative and the strategic plans of the 
Director of Defense Research and Engineering, the military 
departments, and the Defense Agencies; and 
‘‘(2) includes a clear strategy for transitioning the research 
into products needed by the Department.’’. 
(d) REPORTS.—Such section is further amended by adding at 
the end the following new subsection: 
‘‘(e) REPORTS.— 
‘‘(1) IN GENERAL.—Not later than March 1 of each of 2009, 
2011, and 2013, the Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall submit to the congressional 
defense committees a report on the program. 
‘‘(2) MATTERS INCLUDED.—Each report under paragraph (1) 
shall include the following: 
‘‘(A) A review of— 
‘‘(i) the long-term challenges and specific technical 
goals of the program; and 
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122 STAT. 50 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(ii) the progress made toward meeting such chal-
lenges and achieving such goals. 
‘‘(B) An assessment of current and proposed funding 
levels for the program, including an assessment of the 
adequacy of such funding levels to support program activi-
ties. 
‘‘(C) A review of the coordination of activities under 
the program within the Department of Defense, with other 
departments and agencies of the United States, and with 
the National Nanotechnology Initiative. 
‘‘(D) A review and analysis of the findings and rec-
ommendations relating to the Department of Defense of 
the most recent triennial external review of the National 
Nanotechnology Program under section 5 of the 21st Cen-
tury Nanotechnology Research and Development Act (15 
U.S.C. 1704), and a description of initiatives of the Depart-
ment to implement such recommendations. 
‘‘(E) An assessment of technology transition from 
nanotechnology research and development to enhanced 
warfighting capabilities, including contributions from the 
Department 
of 
Defense 
Small 
Business 
Innovative 
Research 
and 
Small 
Business 
Technology 
Transfer 
Research programs, and the Department of Defense Manu-
facturing Technology program, and an identification of 
acquisition programs and deployed defense systems that 
are incorporating nanotechnologies. 
‘‘(F) An assessment of global nanotechnology research 
and development in areas of interest to the Department, 
including an identification of the use of nanotechnologies 
in any foreign defense systems. 
‘‘(G) An assessment of the defense nanotechnology 
manufacturing and industrial base and its capability to 
meet the near and far term requirements of the Depart-
ment. 
‘‘(H) Such recommendations for additional activities 
under the program to meet emerging national security 
requirements as the Under Secretary considers appropriate. 
‘‘(3) CLASSIFICATION.—Each report under paragraph (1) 
shall be submitted in unclassified form, but may include a 
classified annex.’’. 
SEC. 241. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT 
CENTER ASSESSMENT OF THE DEFENSE EXPERIMENTAL 
PROGRAM TO STIMULATE COMPETITIVE RESEARCH. 
(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall— 
(1) utilize a defense federally funded research and develop-
ment center to carry out an assessment of the effectiveness 
of the Defense Experimental Program to Stimulate Competitive 
Research; and 
(2) not later than nine months after the date of the enact-
ment of this Act, submit to the Committees on Armed Services 
of the Senate and the House of Representatives a report on 
that assessment. 
(b) MATTERS ASSESSED.—The report under subsection (a) shall 
include the following: 
(1) A description and assessment of the tangible results 
and progress toward the objectives of the program, including— 
Deadline. 
Reports. 
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122 STAT. 51 
PUBLIC LAW 110–181—JAN. 28, 2008 
(A) an identification of any past program activities 
that led to, or were fundamental to, applications used 
by, or supportive of, operational users; and 
(B) an assessment of whether the program has 
expanded the national research infrastructure. 
(2) An assessment whether the activities undertaken under 
the program are consistent with the statute authorizing the 
program. 
(3) An assessment whether the various elements of the 
program, such as structure, funding, staffing, project solicitation 
and selection, and administration, are working effectively and 
efficiently to support the effective execution of the program. 
(4) A description and assessment of past and ongoing activi-
ties of State planning committees under the program in sup-
porting the achievement of the objectives of the program. 
(5) An analysis of the advantages and disadvantages of 
having an institution-based formula for qualification to partici-
pate in the program when compared with the advantages and 
disadvantages of having a State-based formula for qualification 
to participate in supporting defense missions and the objective 
of expanding the Nation’s defense research infrastructure. 
(6) An identification of mechanisms for improving the 
management and implementation of the program, including 
modification of the statute authorizing the program, Depart-
ment regulations, program structure, funding levels, funding 
strategy, or the activities of the State committees. 
(7) Any other matters the Secretary considers appropriate. 
SEC. 242. COST-BENEFIT ANALYSIS OF PROPOSED FUNDING REDUC-
TION FOR HIGH ENERGY LASER SYSTEMS TEST FACILITY. 
(a) REPORT REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report containing a cost- 
benefit analysis of the proposed reduction in Army research, 
development, test, and evaluation funding for the High Energy 
Laser Systems Test Facility. 
(b) EVALUATION
OF IMPACT
ON OTHER MILITARY DEPART-
MENTS.—The report required under subsection (a) shall include 
an evaluation of the impact of the proposed reduction in funding 
on each Department of Defense organization or activity that utilizes 
the High Energy Laser Systems Test Facility. 
SEC. 243. PROMPT GLOBAL STRIKE. 
(a) RESEARCH, DEVELOPMENT, AND TESTING PLAN.—The Sec-
retary of Defense shall submit to the congressional defense commit-
tees a research, development, and testing plan for prompt global 
strike program objectives for fiscal years 2008 through 2013. 
(b) PLAN FOR OBLIGATION AND EXPENDITURE OF FUNDS.— 
(1) IN
GENERAL.—The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall submit to the 
congressional defense committees a plan for obligation and 
expenditure of funds available for prompt global strike for 
fiscal year 2008. The plan shall include correlations between 
each technology application being developed in fiscal year 2008 
and the prompt global strike alternative or alternatives toward 
which the technology application applies. 
10 USC 113 note. 
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122 STAT. 52 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) LIMITATION.—The Under Secretary shall not implement 
the plan required by paragraph (1) until at least 10 days 
after the plan is submitted as required by that paragraph. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Subtitle B—Environmental Provisions 
Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in 
connection with Moses Lake Wellfield Superfund Site, Moses Lake, 
Washington. 
Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in 
connection with the Arctic Surplus Superfund Site, Fairbanks, Alaska. 
Sec. 313. Payment to Environmental Protection Agency of stipulated penalties in 
connection with Jackson Park Housing Complex, Washington. 
Sec. 314. Report on control of the brown tree snake. 
Sec. 315. Notification of certain residents and civilian employees at Camp Lejeune, 
North Carolina, of exposure to drinking water contamination. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Availability of funds in Defense Information Systems Agency Working 
Capital Fund for technology upgrades to Defense Information Systems 
Network. 
Sec. 322. Modification to public-private competition requirements before conversion 
to contractor performance. 
Sec. 323. Public-private competition at end of period specified in performance 
agreement not required. 
Sec. 324. Guidelines on insourcing new and contracted out functions. 
Sec. 325. Restriction on Office of Management and Budget influence over Depart-
ment of Defense public-private competitions. 
Sec. 326. Bid protests by Federal employees in actions under Office of Management 
and Budget Circular A–76. 
Sec. 327. Public-private competition required before conversion to contractor per-
formance. 
Sec. 328. Extension of authority for Army industrial facilities to engage in coopera-
tive activities with non-Army entities. 
Sec. 329. Reauthorization and modification of multi-trades demonstration project. 
Sec. 330. Pilot program for availability of working-capital funds to Army for certain 
product improvements. 
Subtitle D—Extension of Program Authorities 
Sec. 341. Extension of Arsenal Support Program Initiative. 
Sec. 342. Extension of period for reimbursement for helmet pads purchased by 
members of the Armed Forces deployed in contingency operations. 
Sec. 343. Extension of temporary authority for contract performance of security 
guard functions. 
Subtitle E—Reports 
Sec. 351. Reports on National Guard readiness for emergencies and major disas-
ters. 
Sec. 352. Annual report on prepositioned materiel and equipment. 
Sec. 353. Report on incremental cost of early 2007 enhanced deployment. 
Sec. 354. Modification of requirements of Comptroller General report on the readi-
ness of Army and Marine Corps ground forces. 
Sec. 355. Plan to improve readiness of ground forces of active and reserve compo-
nents. 
Sec. 356. Independent assessment of Civil Reserve Air Fleet viability. 
Sec. 357. Department of Defense Inspector General report on physical security of 
Department of Defense installations. 
Sec. 358. Review of high-altitude aviation training. 
Sec. 359. Reports on safety measures and encroachment issues and master plan for 
Warren Grove Gunnery Range, New Jersey. 
Sec. 360. Report on search and rescue capabilities of the Air Force in the north-
western United States. 
Deadline. 
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122 STAT. 53 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 361. Report and master infrastructure recapitalization plan for Cheyenne 
Mountain Air Station, Colorado. 
Subtitle F—Other Matters 
Sec. 371. Enhancement of corrosion control and prevention functions within De-
partment of Defense. 
Sec. 372. Authority for Department of Defense to provide support for certain sport-
ing events. 
Sec. 373. Authority to impose reasonable restrictions on payment of full replace-
ment value for lost or damaged personal property transported at Gov-
ernment expense. 
Sec. 374. Priority transportation on Department of Defense aircraft of retired mem-
bers residing in Commonwealths and possessions of the United States 
for certain health care services. 
Sec. 375. Recovery of missing military property. 
Sec. 376. Retention of combat uniforms by members of the Armed Forces deployed 
in support of contingency operations. 
Sec. 377. Issue of serviceable material of the Navy other than to Armed Forces. 
Sec. 378. Reauthorization of Aviation Insurance Program. 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not otherwise 
provided for, for operation and maintenance, in amounts as follows: 
(1) For the Army, $28,787,219,000. 
(2) For the Navy, $33,355,683,000. 
(3) For the Marine Corps, $4,967,193,000. 
(4) For the Air Force, $33,118,462,000. 
(5) For Defense-wide activities, $22,500,253,000. 
(6) For the Army Reserve, $2,509,862,000. 
(7) For the Navy Reserve, $1,186,883,000. 
(8) For the Marine Corps Reserve, $208,637,000. 
(9) For the Air Force Reserve, $2,821,817,000. 
(10) For the Army National Guard, $5,857,409,000. 
(11) For the Air National Guard, $5,456,668,000. 
(12) For the United States Court of Appeals for the Armed 
Forces, $11,971,000. 
(13) For Environmental Restoration, Army, $434,879,000. 
(14) For Environmental Restoration, Navy, $300,591,000. 
(15) 
For 
Environmental 
Restoration, 
Air 
Force, 
$458,428,000. 
(16) 
For 
Environmental 
Restoration, 
Defense-wide, 
$12,751,000. 
(17) For Environmental Restoration, Formerly Used 
Defense Sites, $270,249,000. 
(18) For Overseas Humanitarian, Disaster, and Civic Aid 
programs, $103,300,000. 
(19) For Former Soviet Union Threat Reduction programs, 
$428,048,000. 
(20) For the Overseas Contingency Operations Transfer 
Fund, $5,000,000. 
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122 STAT. 54 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle B—Environmental Provisions 
SEC. 
311. 
REIMBURSEMENT 
OF 
ENVIRONMENTAL 
PROTECTION 
AGENCY FOR CERTAIN COSTS IN CONNECTION WITH 
MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES 
LAKE, WASHINGTON. 
(a) AUTHORITY TO REIMBURSE.— 
(1) TRANSFER
AMOUNT.—Using funds described in sub-
section (b), the Secretary of Defense may, notwithstanding sec-
tion 2215 of title 10, United States Code, transfer not more 
than $91,588.51 to the Moses Lake Wellfield Superfund Site 
10–6J Special Account. 
(2) PURPOSE
OF
REIMBURSEMENT.—The payment under 
paragraph (1) is to reimburse the Environmental Protection 
Agency for its costs incurred in overseeing a remedial investiga-
tion/feasibility study performed by the Department of the Army 
under the Defense Environmental Restoration Program at the 
former Larson Air Force Base, Moses Lake Superfund Site, 
Moses Lake, Washington. 
(3) 
INTERAGENCY
AGREEMENT.—The 
reimbursement 
described in paragraph (2) is provided for in the interagency 
agreement entered into by the Department of the Army and 
the Environmental Protection Agency for the Moses Lake 
Wellfield Superfund Site in March 1999. 
(b) SOURCE OF FUNDS.—Any payment under subsection (a) shall 
be made using funds authorized to be appropriated by section 
301(16) for operation and maintenance for Environmental Restora-
tion, Defense-wide. 
(c) USE OF FUNDS.—The Environmental Protection Agency shall 
use the amount transferred under subsection (a) to pay costs 
incurred by the Agency at the Moses Lake Wellfield Superfund 
Site. 
SEC. 
312. 
REIMBURSEMENT 
OF 
ENVIRONMENTAL 
PROTECTION 
AGENCY FOR CERTAIN COSTS IN CONNECTION WITH THE 
ARCTIC 
SURPLUS 
SUPERFUND 
SITE, 
FAIRBANKS, 
ALASKA. 
(a) AUTHORITY TO REIMBURSE.— 
(1) TRANSFER
AMOUNT.—Using funds described in sub-
section (b), the Secretary of Defense may, notwithstanding sec-
tion 2215 of title 10, United States Code, transfer not more 
than $186,625.38 to the Hazardous Substance Superfund. 
(2) PURPOSE
OF
REIMBURSEMENT.—The payment under 
paragraph (1) is to reimburse the Environmental Protection 
Agency for costs incurred pursuant to the agreement known 
as ‘‘In the Matter of Arctic Surplus Superfund Site, U.S. EPA 
Docket Number CERCLA–10–2003–0114: Administrative Order 
on Consent for Remedial Design and Remedial Action’’, entered 
into by the Department of Defense and the Environmental 
Protection Agency on December 11, 2003. 
(b) SOURCE OF FUNDS.—Any payment under subsection (a) shall 
be made using funds authorized to be appropriated by section 
301(16) for operation and maintenance for Environmental Restora-
tion, Defense-wide. 
(c) USE OF FUNDS.—The Environmental Protection Agency shall 
use the amount transferred under subsection (a) to pay costs 
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122 STAT. 55 
PUBLIC LAW 110–181—JAN. 28, 2008 
incurred by the Agency pursuant to the agreement described in 
paragraph (2) of such subsection. 
SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF 
STIPULATED PENALTIES IN CONNECTION WITH JACKSON 
PARK HOUSING COMPLEX, WASHINGTON. 
(a) AUTHORITY TO TRANSFER FUNDS.— 
(1) TRANSFER
AMOUNT.—Using funds described in sub-
section (b), the Secretary of the Navy may, notwithstanding 
section 2215 of title 10, United States Code, transfer not more 
than $40,000.00 to the Hazardous Substance Superfund. 
(2) PURPOSE OF TRANSFER.—The payment under paragraph 
(1) is to pay a stipulated penalty assessed by the Environmental 
Protection Agency on October 25, 2005, against the Jackson 
Park Housing Complex, Washington, for the failure by the 
Navy to timely submit a draft final Phase II Remedial Inves-
tigation Work Plan for the Jackson Park Housing Complex 
Operable Unit (OU–3T–JPHC) pursuant to a schedule included 
in an Interagency Agreement (Administrative Docket No. 
CERCLA–10–2005–0023). 
(b) SOURCE OF FUNDS.—Any payment under subsection (a) shall 
be made using funds authorized to be appropriated by section 
301(14) for operation and maintenance for Environmental Restora-
tion, Navy. 
(c) USE OF FUNDS.—The amount transferred under subsection 
(a) shall be used by the Environmental Protection Agency to pay 
the penalty described under paragraph (2) of such subsection. 
SEC. 314. REPORT ON CONTROL OF THE BROWN TREE SNAKE. 
(a) FINDINGS.—Congress finds the following: 
(1) The brown tree snake (Boiga irregularis), an invasive 
species, is found in significant numbers on military installations 
and in other areas on Guam, and constitutes a serious threat 
to the ecology of Guam. 
(2) If introduced into Hawaii, the Commonwealth of the 
Northern Mariana Islands, or the continental United States, 
the brown tree snake would pose an immediate and serious 
economic and ecological threat. 
(3) The most probable vector for the introduction of the 
brown tree snake into Hawaii, the Commonwealth of the 
Northern Mariana Islands, or the continental United States 
is the movement from Guam of military aircraft, personnel, 
and cargo, including the household goods of military personnel 
and other military assets. 
(4) It is probable that the movement of military aircraft, 
personnel, and cargo, including the household goods of military 
personnel, from Guam to Hawaii, the Commonwealth of the 
Northern Mariana Islands, or the continental United States 
will increase significantly coincident with the increase in the 
number of military units and personnel stationed on Guam. 
(5) Current policies, programs, procedures, and dedicated 
resources of the Department of Defense and of other depart-
ments and agencies of the United States may not be sufficient 
to adequately address the management, control, and eradication 
of the brown tree snake on Guam and the increasing threat 
of the introduction of the brown tree snake from Guam into 
Hawaii, the Commonwealth of the Northern Mariana Islands, 
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122 STAT. 56 
PUBLIC LAW 110–181—JAN. 28, 2008 
the continental United States, or other non-native environ-
ments. 
(b) REPORT.—Not later than 180 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 following: 
(1) The actions currently being taken (including the 
resources being made available) by the Department of Defense 
to control, and to develop new or existing techniques to control, 
the brown tree snake on Guam and to prevent the introduction 
of the brown tree snake into Hawaii, the Commonwealth of 
the Northern Mariana Island, the continental United States, 
or any other non-native environment as a result of the move-
ment from Guam of military aircraft, personnel, and cargo, 
including the household goods of military personnel and other 
military assets. Such actions shall include any actions taken 
by the Department of Defense to implement the recommenda-
tions of the Brown Tree Snake Review Panel commissioned 
by the Department of the Interior, as contained in the Review 
Panel’s final report entitled ‘‘Review of Brown Tree Snake 
Problems and Control Programs’’ published in March 2005. 
(2) Current plans for enhanced future actions, policies, 
and procedures and increased levels of resources in order to 
ensure that the projected increase of military personnel sta-
tioned on Guam does not increase the threat of introduction 
of the brown tree snake from Guam into Hawaii, the Common-
wealth of the Northern Mariana Islands, the continental United 
States, or other non-native environments. 
(3) The results of management, control, and eradication 
carried out by the Secretary of Defense, in consultation with 
the Secretary of the Interior, before the date on which the 
report is submitted with respect to brown tree snakes through 
the integrated natural resource management plans prepared 
for military installations in Guam under the pilot program 
authorized by section 101(g) of the Sikes Act (16 U.S.C. 670a(g)). 
SEC. 315. NOTIFICATION OF CERTAIN RESIDENTS AND CIVILIAN 
EMPLOYEES AT CAMP LEJEUNE, NORTH CAROLINA, OF 
EXPOSURE TO DRINKING WATER CONTAMINATION. 
(a) NOTIFICATION OF INDIVIDUALS SERVED BY TARAWA TERRACE 
WATER DISTRIBUTION SYSTEM, INCLUDING KNOX TRAILER PARK.— 
Not later than 1 year after the date of the enactment of this 
Act, the Secretary of the Navy shall make reasonable efforts to 
identify and notify directly individuals who were served by the 
Tarawa Terrace Water Distribution System, including Knox Trailer 
Park, at Camp Lejeune, North Carolina, during the years 1958 
through 1987 that they may have been exposed to drinking water 
contaminated with tetrachloroethylene (PCE). 
(b) NOTIFICATION OF INDIVIDUALS SERVED BY HADNOT POINT 
WATER DISTRIBUTION SYSTEM.—Not later than 1 year after the 
Agency for Toxic Substances and Disease Registry (ATSDR) com-
pletes its water modeling study of the Hadnot Point water distribu-
tion system, the Secretary of the Navy shall make reasonable efforts 
to identify and notify directly individuals who were served by the 
system during the period identified in the study of the drinking 
water contamination to which they may have been exposed. 
(c) NOTIFICATION OF FORMER CIVILIAN EMPLOYEES AT CAMP 
LEJEUNE.—Not later than 1 year after the date of the enactment 
Deadlines. 
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122 STAT. 57 
PUBLIC LAW 110–181—JAN. 28, 2008 
of this Act, the Secretary of the Navy shall make reasonable efforts 
to identify and notify directly civilian employees who worked at 
Camp Lejeune during the period identified in the ATSDR drinking 
water study of the drinking water contamination to which they 
may have been exposed. 
(d) CIRCULATION OF HEALTH SURVEY.— 
(1) FINDINGS.—Congress makes the following findings: 
(A) Notification and survey efforts related to the 
drinking water contamination described in this section are 
necessary due to the potential negative health impacts 
of these contaminants. 
(B) The Secretary of the Navy will not be able to 
identify or contact all former residents and former 
employees due to the condition, non-existence, or accessi-
bility of records. 
(C) It is the intent of Congress that the Secretary 
of the Navy contact as many former residents and former 
employees as quickly as possible. 
(2) ATSDR HEALTH SURVEY.— 
(A) DEVELOPMENT.— 
(i) IN GENERAL.—Not later than 120 days after 
the date of the enactment of this Act, the ATSDR, 
in consultation with a well-qualified contractor selected 
by the ATSDR, shall develop a health survey that 
would voluntarily request of individuals described in 
subsections (a), (b), and (c) personal health information 
that may lead to scientifically useful health informa-
tion associated with exposure to trichloroethylene 
(TCE), PCE, vinyl chloride, and the other contaminants 
identified in the ATSDR studies that may provide a 
basis for further reliable scientific studies of potentially 
adverse health impacts of exposure to contaminated 
water at Camp Lejeune. 
(ii) FUNDING.—The Secretary of the Navy is 
authorized to provide from available funds the nec-
essary funding for the ATSDR to develop the health 
survey. 
(B) INCLUSION WITH NOTIFICATION.—The survey devel-
oped under subparagraph (A) shall be distributed by the 
Secretary of the Navy concurrently with the direct notifica-
tion required under subsections (a), (b), and (c). 
(e) USE OF MEDIA TO SUPPLEMENT NOTIFICATION.—The Sec-
retary of the Navy may use media notification as a supplement 
to direct notification of individuals described under subsections 
(a), (b), and (c). Media notification may reach those individuals 
not identifiable via remaining records. Once individuals respond 
to media notifications, the Secretary will add them to the contact 
list to be included in future information updates. 
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122 STAT. 58 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle C—Workplace and Depot Issues 
SEC. 321. AVAILABILITY OF FUNDS IN DEFENSE INFORMATION SYS-
TEMS AGENCY WORKING CAPITAL FUND FOR TECH-
NOLOGY UPGRADES TO DEFENSE INFORMATION SYS-
TEMS NETWORK. 
(a) IN GENERAL.—Notwithstanding section 2208 of title 10, 
United States Code, funds in the Defense Information Systems 
Agency Working Capital Fund may be used for expenses directly 
related to technology upgrades to the Defense Information Systems 
Network. 
(b) LIMITATION ON CERTAIN PROJECTS.—Funds may not be used 
under subsection (a) for— 
(1) any technology insertion to the Defense Information 
Systems Network that significantly changes the performance 
envelope of an end item; or 
(2) any component with an estimated total cost in excess 
of $500,000. 
(c) LIMITATION
IN FISCAL YEAR PENDING TIMELY REPORT.— 
If in any fiscal year the report required by paragraph (1) of sub-
section (d) is not submitted by the date specified in paragraph 
(2) of subsection (d), funds may not be used under subsection 
(a) in such fiscal year during the period— 
(1) beginning on the date specified in paragraph (2) of 
subsection (d); and 
(2) ending on the date of the submittal of the report under 
paragraph (1) of subsection (d). 
(d) ANNUAL REPORT.— 
(1) IN GENERAL.—The Director of the Defense Information 
Systems Agency shall submit to the congressional defense 
committees each fiscal year a report on the use of the authority 
in subsection (a) during the preceding fiscal year. 
(2) 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 President for the succeeding fiscal year pursu-
ant to section 1105 of title 31, United States Code. 
(e) SUNSET.—The authority in subsection (a) shall expire on 
October 1, 2011. 
SEC. 322. MODIFICATION TO PUBLIC-PRIVATE COMPETITION REQUIRE-
MENTS 
BEFORE 
CONVERSION 
TO 
CONTRACTOR 
PERFORMANCE. 
(a) COMPARISON
OF
RETIREMENT
SYSTEM
COSTS.—Section 
2461(a)(1) of title 10, United States Code, is amended— 
(1) in subparagraph (F), by striking ‘‘and’’ at the end; 
(2) by redesignating subparagraph (G) as subparagraph 
(H); and 
(3) by inserting after subparagraph (F) the following new 
subparagraph (G): 
‘‘(G) requires that the contractor shall not receive an advan-
tage for a proposal that would reduce costs for the Department 
of Defense by— 
‘‘(i) not making an employer-sponsored health insur-
ance plan (or payment that could be used in lieu of such 
a plan), health savings account, or medical savings account 
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122 STAT. 59 
PUBLIC LAW 110–181—JAN. 28, 2008 
available to the workers who are to be employed to perform 
the function under the contract; 
‘‘(ii) offering to such workers an employer-sponsored 
health benefits plan that requires the employer to con-
tribute less towards the premium or subscription share 
than the amount that is paid by the Department of Defense 
for health benefits for civilian employees of the Department 
under chapter 89 of title 5; or 
‘‘(iii) offering to such workers a retirement benefit that, 
in any year, costs less than the annual retirement cost 
factor applicable to civilian employees of the Department 
of Defense under chapter 84 of title 5; and’’. 
(b) 
CONFORMING
AMENDMENTS.—Such 
title 
is 
further 
amended— 
(1) by striking section 2467; and 
(2) in section 2461— 
(A) by redesignating subsections (b) through (d) as 
subsections (c) through (e), respectively; and 
(B) by inserting after subsection (a) the following new 
subsection (b): 
‘‘(b) REQUIREMENT TO CONSULT DOD EMPLOYEES.—(1) Each 
officer or employee of the Department of Defense responsible for 
determining under Office of Management and Budget Circular A– 
76 whether to convert to contractor performance any function of 
the Department of Defense— 
‘‘(A) shall, at least monthly during the development and 
preparation of the performance work statement and the 
management efficiency study used in making that determina-
tion, consult with civilian employees who will be affected by 
that determination and consider the views of such employees 
on the development 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 organiza-
tion accorded exclusive recognition under section 7111 of title 5, 
consultation with representatives of that labor organization shall 
satisfy the consultation requirement in paragraph (1). 
‘‘(B) In the case of employees other than employees referred 
to in subparagraph (A), consultation with appropriate representa-
tives of those employees shall satisfy the consultation requirement 
in paragraph (1). 
‘‘(C) The Secretary of Defense shall prescribe regulations to 
carry out this subsection. The regulations shall include provisions 
for the selection or designation of appropriate representatives of 
employees referred to in subparagraph (B) for purposes of the 
consultation required by paragraph (1).’’. 
(c) TECHNICAL AMENDMENTS.—Section 2461 of such title, as 
amended by this section, is further amended— 
(1) in subsection (a)(1)— 
(A) in subparagraph (B), by inserting after ‘‘2003’’ the 
following: ‘‘, or any successor circular’’; and 
(B) in subparagraph (D), by striking ‘‘and reliability’’ 
and inserting ‘‘, reliability, and timeliness’’; and 
(2) in subsection (c)(2), as redesignated by subsection (b)(2), 
by inserting ‘‘of’’ after ‘‘examination’’. 
Regulations. 
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122 STAT. 60 
PUBLIC LAW 110–181—JAN. 28, 2008 
(d) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 146 of such title is amended by striking the item 
relating to section 2467. 
SEC. 323. PUBLIC-PRIVATE COMPETITION AT END OF PERIOD SPECI-
FIED IN PERFORMANCE AGREEMENT NOT REQUIRED. 
Section 2461(a) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(4) A military department or Defense Agency may not be 
required to conduct a public-private competition under Office of 
Management and Budget Circular A–76 or any other provision 
of law at the end of the performance period specified in a letter 
of obligation or other agreement entered into with Department 
of Defense civilian employees pursuant to a public-private competi-
tion for any function of the Department of Defense performed by 
Department of Defense civilian employees.’’. 
SEC. 324. GUIDELINES ON INSOURCING NEW AND CONTRACTED OUT 
FUNCTIONS. 
(a) CODIFICATION AND REVISION OF REQUIREMENT FOR GUIDE-
LINES.— 
(1) IN GENERAL.—Chapter 146 of title 10, United States 
Code, is amended by inserting after section 2462 the following 
new section: 
‘‘§ 2463. Guidelines and procedures for use of civilian 
employees to perform Department of Defense 
functions 
‘‘(a) GUIDELINES
REQUIRED.—(1) The Under Secretary of 
Defense for Personnel and Readiness shall devise and implement 
guidelines and procedures to ensure that consideration is given 
to using, on a regular basis, Department of Defense civilian 
employees to perform new functions and functions that are per-
formed by contractors and could be performed by Department of 
Defense civilian employees. The Secretary of a military department 
may prescribe supplemental regulations, if the Secretary determines 
such regulations are necessary for implementing such guidelines 
within that military department. 
‘‘(2) The guidelines and procedures required under paragraph 
(1) may not include any specific limitation or restriction on the 
number of functions or activities that may be converted to perform-
ance by Department of Defense civilian employees. 
‘‘(b) SPECIAL CONSIDERATION
FOR CERTAIN FUNCTIONS.—The 
guidelines and procedures required under subsection (a) shall pro-
vide for special consideration to be given to using Department 
of Defense civilian employees to perform any function that— 
‘‘(1) is performed by a contractor and— 
‘‘(A) has been performed by Department of Defense 
civilian employees at any time during the previous 10 
years; 
‘‘(B) is a function closely associated with the perform-
ance of an inherently governmental function; 
‘‘(C) has been performed pursuant to a contract 
awarded on a non-competitive basis; or 
‘‘(D) has been performed poorly, as determined by a 
contracting officer during the 5-year period preceding the 
date of such determination, because of excessive costs or 
inferior quality; or 
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122 STAT. 61 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(2) is a new requirement, with particular emphasis given 
to a new requirement that is similar to a function previously 
performed by Department of Defense civilian employees or is 
a function closely associated with the performance of an inher-
ently governmental function. 
‘‘(c) EXCLUSION OF CERTAIN FUNCTIONS FROM COMPETITIONS.— 
The Secretary of Defense may not conduct a public-private competi-
tion under this chapter, Office of Management and Budget Circular 
A–76, or any other provision of law or regulation before— 
‘‘(1) in the case of a new Department of Defense function, 
assigning the performance of the function to Department of 
Defense civilian employees; 
‘‘(2) in the case of any Department of Defense function 
described in subsection (b), converting the function to perform-
ance by Department of Defense civilian employees; or 
‘‘(3) in the case of a Department of Defense function per-
formed by Department of Defense civilian employees, expanding 
the scope of the function. 
‘‘(d) USE OF FLEXIBLE HIRING AUTHORITY.—(1) The Secretary 
of Defense may use the flexible hiring authority available to the 
Secretary under the National Security Personnel System, as estab-
lished pursuant to section 9902 of title 5, to facilitate the perform-
ance by Department of Defense civilian employees of functions 
described in subsection (b). 
‘‘(2) The Secretary shall make use of the inventory required 
by section 2330a(c) of this title for the purpose of identifying func-
tions that should be considered for performance by Department 
of Defense civilian employees pursuant to subsection (b). 
‘‘(e) DEFINITIONS.—In this section the term ‘functions closely 
associated with inherently governmental functions’ has the meaning 
given that term in section 2383(b)(3) of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 2462 the following new item: 
‘‘2463. Guidelines and procedures for use of civilian employees to perform Depart-
ment of Defense functions.’’. 
(3) DEADLINE FOR ISSUANCE OF GUIDELINES AND PROCE-
DURES.—The Secretary of Defense shall implement the guide-
lines and procedures required under section 2463 of title 10, 
United States Code, as added by paragraph (1), by not later 
than 60 days after the date of the enactment of this Act. 
(b) INSPECTOR GENERAL REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Inspector General 
of the Department of Defense shall submit to the congressional 
defense committees a report on the implementation of this section 
and the amendments made by this section. 
(c) CONFORMING REPEAL.—The National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163) is amended by 
striking section 343. 
SEC. 325. RESTRICTION ON OFFICE OF MANAGEMENT AND BUDGET 
INFLUENCE OVER DEPARTMENT OF DEFENSE PUBLIC- 
PRIVATE COMPETITIONS. 
(a) RESTRICTION ON OFFICE OF MANAGEMENT AND BUDGET.— 
The Office of Management and Budget may not direct or require 
the Secretary of Defense or the Secretary of a military department 
to prepare for, undertake, continue, or complete a public-private 
10 USC 2461 
note. 
10 USC 2461 
note. 
10 USC 2463 
note. 
Inventory. 
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122 STAT. 62 
PUBLIC LAW 110–181—JAN. 28, 2008 
competition or direct conversion of a Department of Defense function 
to performance by a contractor under Office of Management and 
Budget Circular A–76, or any other successor regulation, directive, 
or policy. 
(b) RESTRICTION ON SECRETARY OF DEFENSE.—The Secretary 
of Defense or the Secretary of a military department may not 
prepare for, undertake, continue, or complete a public-private com-
petition or direct conversion of a Department of Defense function 
to performance by a contractor under Office of Management and 
Budget Circular A–76, or any other successor regulation, directive, 
or policy by reason of any direction or requirement provided by 
the Office of Management and Budget. 
(c) INSPECTOR GENERAL REVIEW.— 
(1) COMPREHENSIVE
REVIEW
REQUIRED.—The Inspector 
General of the Department of Defense shall conduct a com-
prehensive review of the compliance of the Secretary of Defense 
and the Secretaries of the military departments with the 
requirements of this section during calendar year 2008. The 
Inspector General shall submit to the congressional defense 
committees the following reports on the comprehensive review: 
(A) An interim report, to be submitted by not later 
than 90 days after the date of the enactment of this Act. 
(B) A final report, to be submitted by not later than 
December 31, 2008. 
(2) INSPECTOR GENERAL ACCESS.—For the purpose of deter-
mining compliance with the requirements of this section, the 
Secretary of Defense shall ensure that the Inspector General 
has access to all Department records of relevant communica-
tions between Department officials and officials of other depart-
ments and agencies of the Federal Government, whether such 
communications occurred inside or outside of the Department. 
SEC. 326. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER 
OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A–76. 
(a) ELIGIBILITY TO PROTEST PUBLIC-PRIVATE COMPETITIONS.— 
Section 3551(2) of title 31, United States Code, is amended to 
read as follows: 
‘‘(2) The term ‘interested party’— 
‘‘(A) with respect to a contract or a solicitation or 
other request for offers described in paragraph (1), means 
an actual or prospective bidder or offeror whose direct 
economic interest would be affected by the award of the 
contract or by failure to award the contract; and 
‘‘(B) with respect to 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, or a decision to convert a 
function performed by Federal employees to private sector 
performance without a competition under Office of Manage-
ment and Budget Circular A–76, includes— 
‘‘(i) any official who submitted the agency tender 
in such competition; and 
‘‘(ii) any one individual who, for the purpose of 
representing the Federal employees engaged in the 
performance of the activity or function for which the 
public-private competition is conducted in a protest 
Records. 
Reports. 
Deadline. 
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122 STAT. 63 
PUBLIC LAW 110–181—JAN. 28, 2008 
under this subchapter that relates to such public-pri-
vate competition, has been designated as the agent 
of the Federal employees 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-Private com-
petitions 
‘‘For any protest of a public-private competition conducted 
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 resolu-
tion of the protest and the final action in the public-private competi-
tion.’’. 
(2) CLERICAL AMENDMENT.—The chapter analysis 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.’’. 
(c) RIGHT
TO INTERVENE
IN CIVIL ACTION.—Section 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 paragraph (1) with respect 
to a public-private competition conducted under Office of Manage-
ment 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 
performance without a competition under Office of Management 
and Budget Circular A–76, then an interested party described 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 subsection (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 pursuant to a study initiated 
under Office of Management and Budget Circular A–76 on 
or after January 1, 2004; and 
(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 Budget 
Circular A–76, on or after the date of the enactment of this 
Act. 
SEC. 
327. 
PUBLIC-PRIVATE 
COMPETITION 
REQUIRED 
BEFORE 
CONVERSION TO CONTRACTOR PERFORMANCE. 
(a) IN GENERAL.—The Office of Federal Procurement Policy 
Act (41 U.S.C. 403 et seq.) is amended by adding at the end 
the following new section: 
28 USC 1491 
note. 
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122 STAT. 64 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘SEC. 43. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE CONVER-
SION TO CONTRACTOR PERFORMANCE. 
‘‘(a) PUBLIC-PRIVATE COMPETITION.—(1) A function of an execu-
tive agency performed by 10 or more agency civilian employees 
may not be converted, in whole or in part, to performance by 
a contractor unless the conversion is based on the results of a 
public-private competition that— 
‘‘(A) formally compares the cost of performance of the func-
tion 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 implemented on May 29, 2003, 
or any successor circular; 
‘‘(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, reliability, 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 contractors to demonstrate whether 
converting to performance 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 con-
tractor; 
‘‘(ii) the estimated cost to the Government for perform-
ance of the function by agency civilian employees; and 
‘‘(iii) an estimate of all other costs and expenditures 
that the Government would incur because of the award 
of such a contract; 
‘‘(F) requires continued performance of the function by 
agency civilian employees unless the difference 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 solicitation, 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 associated with the 
performance of the function. 
‘‘(2) A function that is performed by the executive agency and 
is reengineered, reorganized, modernized, upgraded, 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— 
‘‘(A) modified, reorganized, divided, or in any way changed 
for the purpose of exempting the conversion 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 
41 USC 439. 
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122 STAT. 65 
PUBLIC LAW 110–181—JAN. 28, 2008 
Office of Management and Budget Circular A–76 whether to convert 
to contractor performance any function of the executive agency— 
‘‘(A) shall, at least monthly during the development and 
preparation of the performance work statement and the 
management efficiency study used in making that determina-
tion, consult with civilian employees who will be affected by 
that determination and consider the views of such employees 
on the development 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 organiza-
tion accorded exclusive recognition under section 7111 of title 5, 
United States Code, consultation with representatives of that labor 
organization shall satisfy the consultation requirement in paragraph 
(1). 
‘‘(B) In the case of employees other than employees referred 
to in subparagraph (A), consultation with appropriate representa-
tives of those employees shall satisfy the consultation requirement 
in paragraph (1). 
‘‘(C) The head of each executive agency shall prescribe regula-
tions to carry out this subsection. The regulations shall include 
provisions for the selection or designation of appropriate representa-
tives of employees referred to in paragraph (2)(B) for purposes 
of consultation required 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 Congress 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 performed 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 identification of the budgetary line 
item from which funds will be used to cover the cost of the 
public-private competition. 
‘‘(E) A certification that a proposed performance of the 
function by a contractor is not a result of a decision by an 
official of an executive agency to impose predetermined con-
straints 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 affected 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 facility where 
a public-private competition is conducted may submit to the head 
of the executive agency an objection to the public-private competi-
tion on the grounds that the report required by paragraph (1) 
Certification. 
Regulations. 
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122 STAT. 66 
PUBLIC LAW 110–181—JAN. 28, 2008 
has not been submitted or that the certification required by para-
graph (1)(E) is not included in the report submitted as a condition 
for the public-private competition. The objection shall be in 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 certification 
in a submitted report, the date on which the report was sub-
mitted to Congress. 
‘‘(B) If the head of the executive agency determines that the 
report required by paragraph (1) was not submitted 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, respec-
tively, 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— 
‘‘(1) is included on the procurement list established pursu-
ant 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 handicapped persons in accordance with that 
Act. 
‘‘(e) INAPPLICABILITY DURING WAR OR EMERGENCY.—The provi-
sions of this section shall not apply during war or during a period 
of national emergency declared 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 per-
formance.’’. 
SEC. 328. EXTENSION OF AUTHORITY FOR ARMY INDUSTRIAL FACILI-
TIES TO ENGAGE IN COOPERATIVE 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 agreements.’’; and 
(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 submitted 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. 
10 USC 4544 
note. 
Deadline. 
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122 STAT. 67 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) ANALYSIS OF USE OF AUTHORITY.—Not later than Sep-
tember 30, 2012, the Secretary of the Army shall submit to 
the congressional defense committees a report assessing the 
advisability of making such authority permanent and elimi-
nating the limitation on the number of contracts or cooperative 
arrangements 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— 
(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 demonstration 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 Center, Navy Fleet Readiness 
Center, or Army depot’’; and 
(B) by striking ‘‘Secretary’’ and inserting ‘‘Secretary 
of the military department concerned’’; 
(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 following ‘‘of each 
military department that carried out a demonstration 
project under this section’’; and 
(C) by adding at the end the following new sentence: 
‘‘Each such report shall include the Secretary’s rec-
ommendation on whether permanent multi-trade authority 
should be authorized.’’; 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 
(ii) by striking ‘‘evaluation of the report’’ and 
inserting ‘‘evaluation of that report’’. 
10 USC 5013 
note. 
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122 STAT. 68 
PUBLIC LAW 110–181—JAN. 28, 2008 
(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 WORKING-CAPITAL 
FUNDS TO ARMY FOR CERTAIN PRODUCT IMPROVE-
MENTS. 
(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 improve-
ment described in subsection (b). 
(b) PRODUCT IMPROVEMENT.—A product improvement covered 
by the pilot program is the procurement and installation of a 
component or subsystem of a weapon system platform or major 
end item that would improve the reliability and maintainability, 
extend the useful life, enhance safety, lower maintenance costs, 
or provide performance enhancement of the weapon system platform 
or major end item. 
(c) LIMITATION ON CERTAIN PROJECTS.—Funds may not be used 
under subsection (a) for— 
(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 paragraph (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 Assistant Secretary 
of the Army for Acquisition, Logistics, and Technology, in con-
sultation 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 authority in 
subsection (a) during the preceding fiscal year. 
(2) RECOMMENDATION.—In the case of the report required 
to be submitted under paragraph (1) during fiscal year 2012, 
the report shall include the recommendation of the Assistant 
Secretary of the Army for Acquisition, Logistics, and Technology 
regarding 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 President for the succeeding fiscal year pursu-
ant to section 1105 of title 31, United States Code. 
(f) SUNSET.—The authority under subsection (a) shall expire 
on October 1, 2013. 
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122 STAT. 69 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle D—Extension of Program 
Authorities 
SEC. 341. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE. 
Section 343 of the Floyd D. Spence National Defense Authoriza-
tion 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’’. 
SEC. 342. EXTENSION OF PERIOD FOR REIMBURSEMENT FOR HELMET 
PADS PURCHASED BY MEMBERS 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 Department of Defense proce-
dures for the submission of claims and’’; and 
(B) by inserting before the period at the end the fol-
lowing: ‘‘or one year after the date on which the purchase 
of the protective, safety, or health equipment was made, 
whichever occurs last’’; and 
(3) in subsection (d), by adding at the end the following 
new sentence: ‘‘Subsection (a)(1) shall not apply in the case 
of the purchase of protective helmet pads on behalf of a 
member.’’. 
(b) FUNDING.—Amounts for reimbursements made under sec-
tion 351 of the Ronald W. Reagan National Defense 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 Defense for fiscal year 2008, contingent upon such 
appropriations 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.—Sub-
section (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: 
‘‘(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; 
116 Stat. 2513. 
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122 STAT. 70 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(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 EMER-
GENCIES 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 respon-
sibilities of the National Guard pursuant to sections 331, 332, 
333, 12304(b), and 12406 of this title in response to an emer-
gency or major disaster (as such terms are defined in section 
102 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122)). Such assessment shall— 
‘‘(A) identify any shortfall in equipment provided to 
the National Guard by the Department of Defense through-
out 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 responsibilities; 
‘‘(B) evaluate the effect of any such shortfall on the 
capacity of the National Guard to perform such responsibil-
ities 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 investment strate-
gies 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— 
(1) in subsection (a), by striking ‘‘and (e)’’ and inserting 
‘‘(e), and (f)’’; 
(2) by redesignating subsection (f) as subsection (g); and 
(3) by inserting after subsection (e) the following new sub-
section (f): 
‘‘(f) READINESS OF NATIONAL GUARD TO PERFORM CIVIL SUPPORT 
MISSIONS.—(1) Each report shall also include an assessment of 
the readiness of the National Guard to perform tasks required 
to support the National Response Plan for support to civil authori-
ties. 
‘‘(2) Any information in an assessment under this subsection 
that is relevant to the National Guard of a particular State shall 
also be made available to the Governor of that State. 
‘‘(3) The Secretary shall ensure that each State Governor has 
an opportunity to provide to the Secretary an independent evalua-
tion of that State’s National Guard, which the Secretary shall 
include with each assessment submitted under this subsection.’’. 
(c) EFFECTIVE DATE.— 
10 USC 10541 
note. 
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122 STAT. 71 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) ANNUAL
REPORT
ON
NATIONAL
GUARD
AND
RESERVE 
COMPONENT EQUIPMENT.—The amendment made by subsection 
(a) shall apply with respect to reports submitted after the 
date of the enactment of this Act. 
(2) QUARTERLY REPORTS ON PERSONNEL AND UNIT READI-
NESS.—The amendment made by subsection (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 justification mate-
rials 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 Sec-
retary of Defense shall submit to the congressional defense 
committees a report on actions taken by the Secretary to imple-
ment 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 assessing the personnel, equipment, and 
training readiness of the National Guard, including the stand-
ards and measures that will be applied and mechanisms for 
sharing information on such matters with the Governors of 
the States. 
SEC. 352. ANNUAL REPORT ON PREPOSITIONED MATERIEL AND EQUIP-
MENT. 
(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 equip-
ment 
‘‘(a) ANNUAL REPORT REQUIRED.—Not later than the date of 
the submission of the President’s budget request for a fiscal year 
under section 1105 of title 31, the Secretary of Defense shall submit 
to the congressional defense 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 
submitted. Each report shall be unclassified and may contain a 
classified annex. Each report shall include the following informa-
tion: 
‘‘(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. 
‘‘(3) A list of major end items of equipment drawn from 
the prepositioned stocks during such fiscal year and a descrip-
tion 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 required to com-
pletely reconstitute any shortfall in the prepositioned stocks 
10 USC 482 note. 
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122 STAT. 72 
PUBLIC LAW 110–181—JAN. 28, 2008 
and a description of the Secretary’s plan for carrying out such 
complete reconstitution. 
‘‘(6) A list of any operations plan affected by any shortfall 
in the prepositioned stocks and a description 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 defense 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. 
‘‘(2) The Secretary of Defense shall ensure the full cooperation 
of the Department of Defense with the Comptroller General for 
purposes of the conduct of the review required by this subsection, 
both before and after each report is submitted under subsection 
(a). The Secretary shall conduct periodic briefings for the Comp-
troller General on the information covered by each report required 
under subsection (a) and provide to the Comptroller General 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 begin-
ning 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 Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 
Stat. 2146; 10 U.S.C. 229 note) is amended— 
(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 subparagraph: 
‘‘(C) each of the military departments for the incre-
mental changes in reset costs resulting from the deploy-
ment 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 COMPTROLLER GEN-
ERAL REPORT ON THE READINESS 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 inserting ‘‘June 1, 2008’’. 
(b) ELEMENTS.—Subsection (b) of such section is amended— 
(1) by striking paragraph (2); 
Termination 
date. 
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122 STAT. 73 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) by redesignating paragraphs (3) through (7) as para-
graphs (4) through (8), respectively; and 
(3) by inserting after paragraph (1) the following new para-
graphs: 
‘‘(2) An assessment of the ability of the Army and Marine 
Corps to provide trained and ready forces to meet the require-
ments 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 require-
ments of other ongoing operations simultaneously with such 
increased force levels. 
‘‘(3) An assessment of the strategic depth of the Army 
and Marine Corps and their ability to provide trained and 
ready forces to meet the requirements 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 associated with 
current and projected forces of current and projected readi-
ness; 
‘‘(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.’’. 
(c) DEPARTMENT OF DEFENSE COOPERATION.—Such section is 
further amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following new sub-
section (c): 
‘‘(c) DEPARTMENT OF DEFENSE COOPERATION.—The Secretary 
of Defense shall ensure the full cooperation of the Department 
of Defense with the Comptroller General 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 COMPONENTS. 
(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 Defense shall submit to the 
congressional defense committees a report on improving the readi-
ness 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 reporting unit 
of the ground forces of the active and reserve components 
and a summary of the readiness of each major combat unit 
of each Armed Force by readiness level; 
(2) an identification of the extent to which the actual readi-
ness ratings of the active and reserve components of the Armed 
Forces have been upgraded based on the judgment of com-
manders 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 time-
frame for achieving each such goal; 
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122 STAT. 74 
PUBLIC LAW 110–181—JAN. 28, 2008 
(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 covered by the future-years defense 
program, that the Secretary of Defense believes are necessary 
to significantly improve the readiness of the ground forces 
of the active and reserve components and achieve the goals 
and timeframes described in paragraph (3); and 
(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 resources required to improve the readiness of the ground 
forces of the active and reserve components, including a descrip-
tion of how each resource identified 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 Secretary to achieve the readiness goals described in para-
graph (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 appropriate, submit to the congres-
sional defense committees any additional information that the 
Comptroller General determines will further inform the congres-
sional 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 report under 
subsection (a) shall terminate on the date the 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 assessment of the viability 
of the Civil Reserve Air Fleet to be conducted by a federally- 
funded research and development center selected by the Secretary. 
(b) CONTENTS OF ASSESSMENT.—The assessment required by 
subsection (a) shall include each of the following: 
(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 commercial assets 
to fulfill Department of Defense transportation require-
ments as a result of the increased global mobility require-
ments in response to the terrorist attacks of September 
11, 2001; 
(B) the extent of charter air carrier participation in 
fulfilling increased Department of Defense transportation 
requirements as a result of the increased global mobility 
requirements in response to the terrorist attacks of Sep-
tember 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 Secretary during any calendar year and the effects 
of such policy on the air carrier industry in peacetime 
Deadline. 
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122 STAT. 75 
PUBLIC LAW 110–181—JAN. 28, 2008 
and during periods during which the Armed Forces are 
deployed in support of a contingency operation for which 
the Civil Reserve Air Fleet is not activated; and 
(D) any risks to the charter air carrier industry as 
a result of the expansion of the industry in response to 
contingency operations resulting 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— 
(A) an examination of the requirements of the Depart-
ment of Defense for the Civil Reserve Air Fleet for the 
support of operational and contingency plans, including 
any anticipated changes in the Department’s organic airlift 
capacity, logistics concepts, and personnel and training 
requirements; 
(B) an assessment of air carrier participation in the 
Civil Reserve Air Fleet; and 
(C) a comparison between the requirements of the 
Department described in subparagraph (A) and air carrier 
participation described 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 Aviation War 
Risk Insurance Program; 
(D) the effect on United States air carriers operating 
overseas routes during periods of Civil Reserve Air Fleet 
activation; 
(E) increased foreign ownership of United States air 
carriers; 
(F) increased operational costs during activation as 
a result of hazardous duty pay, routing delays, and ineffi-
ciencies in cargo handling by the Department of Defense; 
(G) the effect of policy initiatives by the Secretary 
of Transportation to encourage international 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 pro-
gram, including establishing a minimum annual purchase 
amount during peacetime. 
(c) SUBMISSION
TO CONGRESS.—Upon the completion 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. 
(d) COMPTROLLER GENERAL REPORT.—Not later than 90 days 
after the report is submitted under subsection (c), the Comptroller 
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122 STAT. 76 
PUBLIC LAW 110–181—JAN. 28, 2008 
General shall conduct a review of the assessment required under 
subsection (a). 
SEC. 357. DEPARTMENT OF DEFENSE INSPECTOR GENERAL REPORT 
ON PHYSICAL SECURITY OF DEPARTMENT 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 installations and resources. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) An analysis of the progress in implementing require-
ments under the Physical Security Program as set forth in 
the Department of Defense Instruction 5200.08–R, Chapter 2 
(C.2) and Chapter 3, Section 3: Installation Access (C3.3), which 
mandates the policies and minimum standards for the physical 
security of Department of Defense installations and resources. 
(2) Recommendations based on the findings of the Comp-
troller General of the United States in the report required 
by section 344 of the John Warner National Defense Authoriza-
tion 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 Defense 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 subsection (a) shall 
include an examination of— 
(1) power-management and high-altitude training require-
ments by military department, helicopter, and crew position; 
(2) training methods and locations currently used by each 
of the military departments to fulfill those training require-
ments; 
(3) department or service regulations that prohibit or 
inhibit joint-service or inter-service high-altitude aviation 
training; 
(4) costs for each of the previous 5 years associated with 
transporting aircraft to and from the High-Altitude Aviation 
Training Site, Gypsum, Colorado, for training purposes; 
(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 optional training; and 
(6) potential cost savings and operational benefits, 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, Colorado. 
(c) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the congres-
sional defense committees a report on the conduct and findings 
of the review required under subsection (a) along with a summary 
of changes to policy, regulation, or asset allocation necessary to 
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122 STAT. 77 
PUBLIC LAW 110–181—JAN. 28, 2008 
ensure that Department of Defense helicopter aircrews are ade-
quately trained in high-altitude or power-limited flying conditions 
prior to being exposed to such conditions operationally. 
SEC. 359. REPORTS ON SAFETY MEASURES AND ENCROACHMENT 
ISSUES AND MASTER PLAN FOR WARREN GROVE GUN-
NERY 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 submit 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 Secretary of the Air Force 
shall submit to the congressional defense committees a master 
plan for Warren Grove Gunnery Range. 
(2) CONTENT.—The master plan required under paragraph 
(1) shall include measures to mitigate encroachment of the 
Warren Grove Gunnery Range, taking into consideration mili-
tary mission requirements, land use plans, the surrounding 
community, the economy of the region, and protection of the 
environment and public health, safety, and welfare. 
(3) INPUT.—In establishing the master plan required under 
paragraph (1), the Secretary shall seek input from relevant 
stakeholders at the Federal, State, and local level. 
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 Secretary of 
the Air Force shall submit to the appropriate congressional commit-
tees a report on the search and rescue 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 capabilities 
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 section 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 require-
ments 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 northwestern United 
States, including plans that take into consideration require-
ments related to support for both Air Force operations and 
training and compliance with the NSRP. 
(6) An inventory of other search and rescue capabilities 
equivalent to such capabilities provided by the Air Force that 
may be provided by other Federal, State, or local agencies 
in the northwestern United States. 
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122 STAT. 78 
PUBLIC LAW 110–181—JAN. 28, 2008 
(c) USE OF REPORT FOR PURPOSES OF CERTIFICATION REGARDING 
SEARCH AND RESCUE CAPABILITIES.—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 Secretary of the Air 
Force under subsection (a), first certifies’’. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services, the Committee on 
Homeland Security and Governmental Affairs, the Committee 
on Commerce, Science, and Transportation, the Committee on 
Energy and Natural Resources, and the Committee on Appro-
priations 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 RECAPITALIZATION 
PLAN FOR CHEYENNE MOUNTAIN AIR STATION, COLO-
RADO. 
(a) REPORT ON RELOCATION OF NORTH AMERICAN AEROSPACE 
DEFENSE COMMAND CENTER.— 
(1) IN GENERAL.—Not later than March 1, 2008, the Sec-
retary of Defense shall submit to Congress a report on the 
relocation of the North American Aerospace Defense Command 
center and related functions from Cheyenne Mountain Air Sta-
tion, Colorado, to Peterson Air Force Base, Colorado. 
(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 studies of the relocation, to 
anticipated operational 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 Oper-
ations Center, will maintain operational connectivity with 
their related commands and relevant communications cen-
ters; 
(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 inde-
pendent security and vulnerability assessment 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 security and vulner-
ability risks identified as part of that assessment and asso-
ciated cost and schedule estimates. 
(b) LIMITATION ON AVAILABILITY OF FUNDS PENDING RECEIPT 
OF REPORT.—Of the funds appropriated pursuant to an authoriza-
tion of appropriations or otherwise made available for fiscal year 
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122 STAT. 79 
PUBLIC LAW 110–181—JAN. 28, 2008 
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 Command center and related functions. 
(d) MASTER INFRASTRUCTURE RECAPITALIZATION PLAN.— 
(1) IN GENERAL.—Not later than March 16, 2008, the Sec-
retary of the Air Force shall submit to Congress a master 
infrastructure recapitalization plan for Cheyenne Mountain Air 
Station. 
(2) CONTENT.—The plan required under paragraph (1) shall 
include— 
(A) a description of the projects that are needed to 
improve the infrastructure required for supporting missions 
associated with Cheyenne Mountain Air Station; and 
(B) a funding plan explaining the expected timetable 
for the Air Force to support such projects. 
Subtitle F—Other Matters 
SEC. 371. ENHANCEMENT OF CORROSION CONTROL AND PREVENTION 
FUNCTIONS WITHIN DEPARTMENT OF DEFENSE. 
(a) OFFICE OF CORROSION POLICY AND OVERSIGHT.— 
(1) IN GENERAL.—Section 2228 of title 10, United States 
Code, is amended by striking the section heading and subsection 
(a) and inserting the following: 
‘‘§ 2228. Office of Corrosion Policy and Oversight 
‘‘(a) OFFICE AND DIRECTOR.—(1) There is an Office of Corrosion 
Policy and Oversight within the Office of the Under Secretary 
of Defense for Acquisition, Technology, and Logistics. 
‘‘(2) The Office shall be headed by a Director of Corrosion 
Policy and Oversight, who shall be assigned to such position by 
the Under Secretary from among civilian employees of the Depart-
ment of Defense with the qualifications described in paragraph 
(3). The Director is responsible in the Department of Defense to 
the Secretary of Defense (after the Under Secretary of Defense 
for Acquisition, Technology, and Logistics) for the prevention and 
mitigation of corrosion of the military equipment and infrastructure 
of the Department of Defense. The Director shall report directly 
to the Under Secretary. 
‘‘(3) In order to qualify to be assigned to the position of Director, 
an individual shall— 
‘‘(A) have management expertise in, and professional 
experience with, corrosion project and policy implementation, 
including an understanding of the effects of corrosion policies 
on infrastructure; research, development, test, and evaluation; 
and maintenance; and 
‘‘(B) have an understanding of Department of Defense 
budget formulation and execution, policy formulation, and plan-
ning and program requirements. 
Establishment. 
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122 STAT. 80 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(4) The Secretary of Defense shall designate the position of 
Director as a critical acquisition position under section 1733(b)(1)(C) 
of this title.’’. 
(2) CONFORMING
AMENDMENTS.—Section 2228(b) of such 
title is amended— 
(A) in paragraph (1), by striking ‘‘official or organiza-
tion designated under subsection (a)’’ and inserting 
‘‘Director of Corrosion Policy and Oversight (in this section 
referred to as the ‘Director’)’’; and 
(B) in paragraphs (2), (3), (4), and (5), by striking 
‘‘designated 
official 
or 
organization’’ 
and 
inserting 
‘‘Director’’. 
(b) ADDITIONAL AUTHORITY FOR DIRECTOR OF OFFICE.—Section 
2228 of such title is further amended— 
(1) by redesignating subsections (c) and (d) as subsections 
(d) and (f), respectively; and 
(2) by inserting after subsection (b) the following new sub-
section: 
‘‘(c) ADDITIONAL AUTHORITIES FOR DIRECTOR.—The Director is 
authorized to— 
‘‘(1) develop, update, and coordinate corrosion training with 
the Defense Acquisition University; 
‘‘(2) participate in the process within the Department of 
Defense for the development of relevant directives and instruc-
tions; and 
‘‘(3) interact directly with the corrosion prevention industry, 
trade associations, other government corrosion prevention agen-
cies, academic research and educational institutions, and sci-
entific organizations engaged in corrosion prevention, including 
the National Academy of Sciences.’’. 
(c) INCLUSION OF COOPERATIVE RESEARCH AGREEMENTS AS PART 
OF CORROSION REDUCTION STRATEGY.—Subsection (d)(2)(D) of sec-
tion 2228 of such title, as redesignated by subsection (b), is amended 
by inserting after ‘‘operational strategies’’ the following: ‘‘, including 
through the establishment of memoranda of agreement, joint 
funding 
agreements, 
public-private 
partnerships, 
university 
research and education centers, and other cooperative research 
agreements’’. 
(d) REPORT REQUIREMENT.—Section 2228 of such title is further 
amended by inserting after subsection (d) (as redesignated by sub-
section (b)) the following new subsection: 
‘‘(e) REPORT.—(1) For each budget for a fiscal year, beginning 
with the budget for fiscal year 2009, the Secretary of Defense 
shall submit, with the defense budget materials, a report on the 
following: 
‘‘(A) Funding requirements for the long-term strategy devel-
oped under subsection (d). 
‘‘(B) The return on investment that would be achieved 
by implementing the strategy. 
‘‘(C) The funds requested in the budget compared to the 
funding requirements. 
‘‘(D) An explanation if the funding requirements are not 
fully funded in the budget. 
‘‘(2) Within 60 days after submission of the budget for a fiscal 
year, the Comptroller General shall provide to the congressional 
defense committees— 
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122 STAT. 81 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(A) an analysis of the budget submission for corrosion 
control and prevention by the Department of Defense; and 
‘‘(B) an analysis of the report required under paragraph 
(1).’’. 
(e) DEFINITIONS.—Subsection (f) of section 2228 of such title, 
as redesignated by subsection (b), is amended by adding at the 
end the following new paragraphs: 
‘‘(4) The term ‘budget’, with respect to a fiscal year, means 
the budget for that fiscal year that is submitted to Congress 
by the President under section 1105(a) of title 31. 
‘‘(5) The term ‘defense budget materials’, with respect to 
a fiscal year, means the materials submitted to Congress by 
the Secretary of Defense in support of the budget for that 
fiscal year.’’. 
(f) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 131 of such title is amended by striking the item 
relating to section 2228 and inserting the following new item: 
‘‘2228. Office of Corrosion Policy and Oversight.’’. 
SEC. 372. AUTHORITY FOR DEPARTMENT OF DEFENSE TO PROVIDE 
SUPPORT FOR CERTAIN SPORTING EVENTS. 
(a) PROVISION OF SUPPORT.—Section 2564 of title 10, United 
States Code, is amended— 
(1) in subsection (c), by adding at the end the following 
new paragraphs: 
‘‘(4) A sporting event sanctioned by the United States 
Olympic Committee through the Paralympic Military Program. 
‘‘(5) Any national or international paralympic sporting 
event (other than a sporting event described in paragraphs 
(1) through (4))— 
‘‘(A) that— 
‘‘(i) is held in the United States or any of its 
territories or commonwealths; 
‘‘(ii) is governed by the International Paralympic 
Committee; and 
‘‘(iii) is sanctioned by the United States Olympic 
Committee; 
‘‘(B) for which participation exceeds 100 amateur ath-
letes; and 
‘‘(C) in which at least 10 percent of the athletes partici-
pating in the sporting event are members or former mem-
bers of the armed forces who are participating in the 
sporting event based upon an injury or wound incurred 
in the line of duty in the armed force and veterans who 
are participating in the sporting event based upon a 
service-connected disability.’’; and 
(2) by adding at the end the following new subsection: 
‘‘(g) FUNDING FOR SUPPORT OF CERTAIN EVENTS.—(1) Amounts 
for the provision of support for a sporting event described in para-
graph (4) or (5) of subsection (c) may be derived from the Support 
for International Sporting Competitions, Defense account estab-
lished by section 5802 of the Omnibus Consolidated Appropriations 
Act, 1997 (Public Law 104–208; 10 U.S.C. 2564 note), notwith-
standing any limitation under that section relating to the avail-
ability of funds in such account for the provision of support for 
international sporting competitions. 
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122 STAT. 82 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(2) The total amount expended for any fiscal year to provide 
support for sporting events described in subsection (c)(5) may not 
exceed $1,000,000.’’. 
(b) SOURCE OF FUNDS.—Section 5802 of the Omnibus Consoli-
dated Appropriations Act, 1997 (Public Law 104–208; 10 U.S.C. 
2564 note) is amended— 
(1) by inserting after ‘‘international sporting competitions’’ 
the following: ‘‘and for support of sporting competitions author-
ized under section 2564(c)(4) and (5), of title 10, United States 
Code,’’; and 
(2) by striking ‘‘45 days’’ and inserting ‘‘15 days’’. 
SEC. 373. AUTHORITY TO IMPOSE REASONABLE RESTRICTIONS ON 
PAYMENT OF FULL REPLACEMENT VALUE FOR LOST OR 
DAMAGED PERSONAL PROPERTY TRANSPORTED AT 
GOVERNMENT EXPENSE. 
Section 2636a(d) of title 10, United States Code, is amended 
by adding at the end the following new sentence: ‘‘The regulations 
may include a requirement that a member of the armed forces 
or civilian employee of the Department of Defense comply with 
reasonable restrictions or conditions prescribed by the Secretary 
in order to receive the full amount deducted under subsection 
(b).’’. 
SEC. 374. PRIORITY TRANSPORTATION ON DEPARTMENT OF DEFENSE 
AIRCRAFT OF RETIRED MEMBERS RESIDING IN COMMON-
WEALTHS AND POSSESSIONS OF THE UNITED STATES 
FOR CERTAIN HEALTH CARE SERVICES. 
(a) AVAILABILITY
OF TRANSPORTATION.—Chapter 157 of title 
10, United States Code, is amended by inserting after section 2641a 
the following new section: 
‘‘§ 2641b. Space-available travel on Department of Defense 
aircraft: retired members residing in Common-
wealths and possessions of the United States for 
certain health care services 
‘‘(a) PRIORITY TRANSPORTATION.—The Secretary of Defense shall 
provide transportation on Department of Defense aircraft on a 
space-available basis for any member or former member of the 
uniformed services described in subsection (b), and a single 
dependent of the member if needed to accompany the member, 
at a priority level in the same category as the priority level for 
an unaccompanied dependent over the age of 18 traveling on 
environmental and morale leave. 
‘‘(b) ELIGIBLE MEMBERS AND FORMER MEMBERS.—A member 
or former member eligible for priority transport under subsection 
(a) is a covered beneficiary under chapter 55 of this title who— 
‘‘(1) is entitled to retired or retainer pay; 
‘‘(2) resides in or is located in a Commonwealth or posses-
sion of the United States; and 
‘‘(3) is referred by a military or civilian primary care pro-
vider located in that Commonwealth or possession to a specialty 
care provider for services to be provided outside of that 
Commonwealth or possession. 
‘‘(c) SCOPE OF PRIORITY.—The increased priority for space-avail-
able transportation required by subsection (a) applies with respect 
to both— 
Applicability. 
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122 STAT. 83 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(1) the travel from the Commonwealth or possession of 
the United States to receive the specialty care services; and 
‘‘(2) the return travel. 
‘‘(d) DEFINITIONS.—In this section, the terms ‘primary care pro-
vider’ and ‘specialty care provider’ refer to a medical or dental 
professional who provides health care services under chapter 55 
of this title. 
‘‘(e) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations to implement this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 2641a the following new item: 
‘‘2641b. Space-available travel on Department of Defense aircraft: retired members 
residing in Commonwealths and possessions of the United States for 
certain health care services.’’. 
SEC. 375. RECOVERY OF MISSING MILITARY PROPERTY. 
(a) IN GENERAL.—Chapter 165 of title 10, United States Code, 
is amended by adding at the end the following new sections: 
‘‘§ 2788. Property accountability: regulations 
‘‘The Secretary of a military department may prescribe regula-
tions for the accounting for the property of that department and 
the fixing of responsibility for that property. 
‘‘§ 2789. Individual equipment: unauthorized disposition 
‘‘(a) PROHIBITION.—No member of the armed forces may sell, 
lend, pledge, barter, or give any clothing, arms, or equipment fur-
nished to such member by the United States to any person other 
than a member of the armed forces or an officer of the United 
States who is authorized to receive it. 
‘‘(b) SEIZURE OF IMPROPERLY DISPOSED PROPERTY.—If a member 
of the armed forces has disposed of property in violation of sub-
section (a) and the property is in the possession of a person who 
is neither a member of the armed forces nor an officer of the 
United States who is authorized to receive it, that person has 
no right to or interest in the property, and any civil or military 
officer of the United States may seize the property, wherever found, 
subject to applicable regulations. Possession of such property fur-
nished by the United States to a member of the armed forces 
by a person who is neither a member of the armed forces, nor 
an officer of the United States, is prima facie evidence that the 
property has been disposed of in violation of subsection (a). 
‘‘(c) DELIVERY OF SEIZED PROPERTY.—If an officer who seizes 
property under subsection (b) is not authorized to retain it for 
the United States, the officer shall deliver the property to a person 
who is authorized to retain it.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new items: 
‘‘2788. Property accountability: regulations. 
‘‘2789. Individual equipment: unauthorized disposition.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) IN GENERAL.—Such title is further amended by striking 
the following sections: 
(A) Section 4832. 
(B) Section 4836. 
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122 STAT. 84 
PUBLIC LAW 110–181—JAN. 28, 2008 
(C) Section 9832. 
(D) Section 9836. 
(2) CLERICAL AMENDMENTS.— 
(A) CHAPTER 453.—The table of sections at the begin-
ning of chapter 453 of such title is amended by striking 
the items relating to sections 4832 and 4836. 
(B) CHAPTER 953.—The table of sections at the begin-
ning of chapter 953 of such title is amended by striking 
the items relating to sections 9832 and 9836. 
SEC. 376. RETENTION OF COMBAT UNIFORMS BY MEMBERS OF THE 
ARMED FORCES DEPLOYED IN SUPPORT OF CONTIN-
GENCY OPERATIONS. 
(a) RETENTION OF COMBAT UNIFORMS.—Chapter 152 of title 
10, United States Code, is amended by adding at the end the 
following new section: 
‘‘§ 2568. Retention of combat uniforms by members deployed 
in support of contingency operations 
‘‘The Secretary of a military department may authorize a 
member of the armed forces under the jurisdiction of the Secretary 
who has been deployed in support of a contingency operation for 
at least 30 days to retain, after that member is no longer so 
deployed, the combat uniform issued to that member as organiza-
tional clothing and individual equipment.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
‘‘2568. Retention of combat uniforms by members deployed in support of contingency 
operations.’’. 
SEC. 377. ISSUE OF SERVICEABLE MATERIAL OF THE NAVY OTHER 
THAN TO ARMED FORCES. 
(a) IN GENERAL.—Part IV of subtitle C of title 10, United 
States Code, is amended by adding at the end the following new 
chapter: 
‘‘CHAPTER 667—ISSUE OF SERVICEABLE MATERIAL 
OTHER THAN TO ARMED FORCES 
‘‘Sec. 
‘‘7911. Arms, tentage, and equipment: educational institutions not maintaining units 
of R.O.T.C. 
‘‘7912. Rifles and ammunition for target practice: educational institutions having 
corps of midshipmen. 
‘‘7913. Supplies: military instruction camps. 
‘‘§ 7911. Arms, tentage, and equipment: educational institu-
tions not maintaining units of R.O.T.C. 
‘‘Under such conditions as he may prescribe, the Secretary 
of the Navy may issue arms, tentage, and equipment that the 
Secretary considers necessary for proper military training, to any 
educational institution at which no unit of the Reserve Officers’ 
Training Corps is maintained, but which has a course in military 
training prescribed by the Secretary and which has at least 50 
physically fit students over 14 years of age. 
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122 STAT. 85 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘§ 7912. Rifles and ammunition for target practice: edu-
cational institutions having corps of midshipmen 
‘‘(a) AUTHORITY TO LEND.—The Secretary of the Navy may 
lend, without expense to the United States, magazine rifles and 
appendages that are not of the existing service models in use 
at the time and that are not necessary for a proper reserve supply, 
to any educational institution having a uniformed corps of mid-
shipmen of sufficient number for target practice. The Secretary 
may also issue 40 rounds of ball cartridges for each midshipman 
for each range at which target practice is held, but not more 
than 120 rounds each year for each midshipman participating in 
target practice. 
‘‘(b) RESPONSIBILITIES
OF INSTITUTIONS.—The institutions to 
which property is lent under subsection (a) shall— 
‘‘(1) use the property for target practice; 
‘‘(2) take proper care of the property; and 
‘‘(3) return the property when required. 
‘‘(c) REGULATIONS.—The Secretary of the Navy shall prescribe 
regulations to carry out this section, containing such other require-
ments as he considers necessary to safeguard the interests of the 
United States. 
‘‘§ 7913. Supplies: military instruction camps 
‘‘Under such conditions as he may prescribe, the Secretary 
of the Navy may issue, to any educational institution at which 
an officer of the naval service is detailed as professor of naval 
science, such supplies as are necessary to establish and maintain 
a camp for the military instruction of its students. The Secretary 
shall require a bond in the value of the property issued under 
this section, for the care and safekeeping of that property and 
except for property properly expended, for its return when 
required.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters at the begin-
ning of subtitle C of such title, and the table of chapters at the 
beginning of part IV of such subtitle, are each amended by inserting 
after the item relating to chapter 665 the following new item: 
‘‘667. Issue of serviceable material other than to Armed Forces ........................ 7911.’’. 
SEC. 378. REAUTHORIZATION OF AVIATION INSURANCE PROGRAM. 
Section 44310 of title 49, United States Code, is amended 
by striking ‘‘March 30, 2008’’ and inserting ‘‘December 31, 2013’’. 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Sec. 403. Additional authority for increases of Army and Marine Corps active duty 
end strengths for fiscal years 2009 and 2010. 
Sec. 404. Increase in authorized strengths for Army officers on active duty in the 
grade of major. 
Sec. 405. Increase in authorized strengths for Navy officers on active duty in the 
grades of lieutenant commander, commander, and captain. 
Sec. 406. Increase in authorized daily average of number of members in pay grade 
E–9. 
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122 STAT. 86 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2008 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active duty 
for operational support. 
Sec. 416. Future authorizations and accounting for certain reserve component per-
sonnel authorized to be on active duty or full-time National Guard duty 
to provide operational support. 
Sec. 417. Revision of variances authorized for Selected Reserve end strengths. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
(a) IN GENERAL.—The Armed Forces are authorized strengths 
for active duty personnel as of September 30, 2008, as follows: 
(1) The Army, 525,400. 
(2) The Navy, 329,098. 
(3) The Marine Corps, 189,000. 
(4) The Air Force, 329,563. 
(b) LIMITATION.— 
(1) ARMY.—The authorized strength for the Army provided 
in paragraph (1) of subsection (a) for active duty personnel 
for fiscal year 2008 is subject to the condition that costs of 
active duty personnel of the Army for that fiscal year in excess 
of 489,400 shall be paid out of funds authorized to be appro-
priated for that fiscal year by section 1514. 
(2) MARINE CORPS.—The authorized strength for the Marine 
Corps provided in paragraph (3) of subsection (a) for active 
duty personnel for fiscal year 2008 is subject to the condition 
that costs of active duty personnel of the Marine Corps for 
that fiscal year in excess of 180,000 shall be paid out of funds 
authorized to be appropriated for that fiscal year by section 
1514. 
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH 
MINIMUM LEVELS. 
Section 691(b) of title 10, United States Code, is amended 
by striking paragraphs (1) through (4) and inserting the following 
new paragraphs: 
‘‘(1) For the Army, 525,400. 
‘‘(2) For the Navy, 328,400. 
‘‘(3) For the Marine Corps, 189,000. 
‘‘(4) For the Air Force, 328,600.’’. 
SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND 
MARINE CORPS ACTIVE DUTY END STRENGTHS FOR 
FISCAL YEARS 2009 AND 2010. 
(a) AUTHORITY
TO
INCREASE
ARMY
ACTIVE
DUTY
END 
STRENGTHS.—For each of fiscal years 2009 and 2010, the Secretary 
of Defense may, as the Secretary determines necessary for the 
purposes described in subsection (c), establish the active-duty end 
strength for the Army at a number greater than the number other-
wise authorized by law up to the number equal to the fiscal- 
year 2008 baseline plus 22,000. 
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122 STAT. 87 
PUBLIC LAW 110–181—JAN. 28, 2008 
(b) MARINE CORPS.—For each of fiscal years 2009 and 2010, 
the Secretary of Defense may, as the Secretary determines nec-
essary for the purposes described in subsection (c), establish the 
active-duty end strength for the Marine Corps at a number greater 
than the number otherwise authorized by law up to the number 
equal to the fiscal-year 2008 baseline plus 13,000. 
(c) PURPOSE OF INCREASES.—The purposes for which increases 
may be made in Army and Marine Corps active duty end strengths 
under this section are— 
(1) to support operational missions; and 
(2) to achieve transformational reorganization objectives, 
including objectives for increased numbers of combat brigades 
and battalions, increased unit manning, force stabilization and 
shaping, and rebalancing of the active and reserve component 
forces. 
(d) RELATIONSHIP
TO
PRESIDENTIAL
WAIVER
AUTHORITY.— 
Nothing in this section shall be construed to limit the President’s 
authority under section 123a of title 10, United States Code, to 
waive any statutory end strength in a time of war or national 
emergency. 
(e) RELATIONSHIP
TO
OTHER
VARIANCE
AUTHORITY.—The 
authority under this section is in addition to the authority to 
vary authorized end strengths that is provided in subsections (e) 
and (f) of section 115 of title 10, United States Code. 
(f) BUDGET TREATMENT.— 
(1) FISCAL YEARS 2009 AND 2010 BUDGETS.—The budget for 
the Department of Defense for fiscal years 2009 and 2010 
as submitted to Congress shall comply, with respect to funding, 
with subsections (c) and (d) of section 691 of title 10, United 
States Code. 
(2) OTHER INCREASES.—If the Secretary of Defense plans 
to increase the Army or Marine Corps active duty end strength 
for a fiscal year under this section, then the budget for the 
Department of Defense for that fiscal year as submitted to 
Congress shall include the amounts necessary for funding that 
active duty end strength in excess of the fiscal year 2008 
active duty end strength authorized for that service under 
section 401. 
(g) DEFINITIONS.—In this section: 
(1) FISCAL-YEAR 2008 BASELINE.—The term ‘‘fiscal-year 2008 
baseline’’, with respect to the Army and Marine Corps, means 
the active-duty end strength authorized for those services in 
section 401. 
(2) ACTIVE-DUTY END STRENGTH.—In this subsection, the 
term ‘‘active-duty end strength’’ means the strength for active- 
duty personnel of one of the Armed Forces as of the last 
day of a fiscal year. 
(h) REPEAL OF OTHER DISCRETIONARY AUTHORITY TO TEMPO-
RARILY INCREASE ARMY
AND MARINE CORPS ACTIVE DUTY END 
STRENGTHS.—Section 403 of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108– 
375; 10 U.S.C. 115 note), as amended by section 403 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109–364; 120 Stat. 2169), is repealed. 
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122 STAT. 88 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 404. INCREASE IN AUTHORIZED STRENGTHS FOR ARMY OFFICERS 
ON ACTIVE DUTY IN THE GRADE OF MAJOR. 
The portion of the table in section 523(a)(1) of title 10, United 
States Code, relating to the Army is amended to read as follows: 
‘‘Total number of commissioned 
officers (excluding officers in cat-
egories specified in subsection 
(b)) on active duty: 
Number of officers who may be serving 
on active duty in grade of: 
Major 
Lieutenant 
Colonel 
Colonel 
Army: 
20,000 .......................................
7,768 
5,253 
1,613
25,000 .......................................
8,689 
5,642 
1,796
30,000 .......................................
9,611 
6,030 
1,980
35,000 .......................................
10,532 
6,419 
2,163
40,000 .......................................
11,454 
6,807 
2,347
45,000 .......................................
12,375 
7,196 
2,530
50,000 .......................................
13,297 
7,584 
2,713
55,000 .......................................
14,218 
7,973 
2,897
60,000 .......................................
15,140 
8,361 
3,080
65,000 .......................................
16,061 
8,750 
3,264
70,000 .......................................
16,983 
9,138 
3,447
75,000 .......................................
17,903 
9,527 
3,631
80,000 .......................................
18,825 
9,915 
3,814
85,000 .......................................
19,746 
10,304 
3,997
90,000 .......................................
20,668 
10,692 
4,181
95,000 .......................................
21,589 
11,081 
4,364
100,000 .....................................
22,511 
11,469 
4,548
110,000 .....................................
24,354 
12,246 
4,915
120,000 .....................................
26,197 
13,023 
5,281
130,000 .....................................
28,040 
13,800 
5,648
170,000 .....................................
35,412 
16,908 
7,116’’. 
SEC. 405. INCREASE IN AUTHORIZED STRENGTHS FOR NAVY OFFICERS 
ON ACTIVE DUTY IN THE GRADES OF LIEUTENANT COM-
MANDER, COMMANDER, AND CAPTAIN. 
The table in section 523(a)(2) of title 10, United States Code, 
is amended to read as follows: 
‘‘Total number of commissioned 
officers (excluding officers in cat-
egories specified in subsection 
(b)) on active duty: 
Number of officers who may be serving 
on active duty in grade of: 
Lieutenant 
Com-
mander 
Com-
mander 
Captain 
Navy: 
30,000 .......................................
7,698 
5,269 
2,222
33,000 .......................................
8,189 
5,501 
2,334
36,000 .......................................
8,680 
5,733 
2,447
39,000 .......................................
9,172 
5,965 
2,559
42,000 .......................................
9,663 
6,197 
2,671
45,000 .......................................
10,155 
6,429 
2,784
48,000 .......................................
10,646 
6,660 
2,896
51,000 .......................................
11,136 
6,889 
3,007
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122 STAT. 89 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘Total number of commissioned 
officers (excluding officers in cat-
egories specified in subsection 
(b)) on active duty: 
Number of officers who may be serving 
on active duty in grade of: 
Lieutenant 
Com-
mander 
Com-
mander 
Captain 
54,000 .......................................
11,628 
7,121 
3,120
57,000 .......................................
12,118 
7,352 
3,232
60,000 .......................................
12,609 
7,583 
3,344
63,000 .......................................
13,100 
7,813 
3,457
66,000 .......................................
13,591 
8,044 
3,568
70,000 .......................................
14,245 
8,352 
3,718
90,000 .......................................
17,517 
9,890 
4,467’’. 
SEC. 406. INCREASE IN AUTHORIZED DAILY AVERAGE OF NUMBER 
OF MEMBERS IN PAY GRADE E–9. 
Section 517(a) of title 10, United States Code, is amended 
by striking ‘‘1 percent’’ and inserting ‘‘1.25 percent’’. 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized strengths 
for Selected Reserve personnel of the reserve components as of 
September 30, 2008, as follows: 
(1) The Army National Guard of the United States, 351,300. 
(2) The Army Reserve, 205,000. 
(3) The Navy Reserve, 67,800. 
(4) The Marine Corps Reserve, 39,600. 
(5) The Air National Guard of the United States, 106,700. 
(6) The Air Force Reserve, 67,500. 
(7) The Coast Guard Reserve, 10,000. 
(b) END STRENGTH REDUCTIONS.—The end strengths prescribed 
by subsection (a) for the Selected Reserve of any reserve component 
shall be proportionately reduced by— 
(1) the total authorized strength of units organized to serve 
as units of the Selected Reserve of such component which 
are on active duty (other than for training) at the end of 
the fiscal year; and 
(2) the total number of individual members not in units 
organized to serve as units of the Selected Reserve of such 
component who are on active duty (other than for training 
or for unsatisfactory participation in training) without their 
consent at the end of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or individual 
members of the Selected Reserve of any reserve component are 
released from active duty during any fiscal year, the end strength 
prescribed for such fiscal year for the Selected Reserve of such 
reserve component shall be increased proportionately by the total 
authorized strengths of such units and by the total number of 
such individual members. 
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122 STAT. 90 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-
PORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), the 
reserve components of the Armed Forces are authorized, as of 
September 30, 2008, the following number of Reserves to be serving 
on full-time active duty or full-time duty, in the case of members 
of the National Guard, for the purpose of organizing, administering, 
recruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United States, 29,204. 
(2) The Army Reserve, 15,870. 
(3) The Navy Reserve, 11,579. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United States, 13,936. 
(6) The Air Force Reserve, 2,721. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 
STATUS). 
The minimum number of military technicians (dual status) 
as of the last day of fiscal year 2008 for the reserve components 
of the Army and the Air Force (notwithstanding section 129 of 
title 10, United States Code) shall be the following: 
(1) For the Army Reserve, 8,249. 
(2) For the Army National Guard of the United States, 
26,502. 
(3) For the Air Force Reserve, 9,909. 
(4) For the Air National Guard of the United States, 22,553. 
SEC. 414. FISCAL YEAR 2008 LIMITATION ON NUMBER OF NON-DUAL 
STATUS TECHNICIANS. 
(a) LIMITATIONS.— 
(1) NATIONAL GUARD.—Within the limitation provided in 
section 10217(c)(2) of title 10, United States Code, the number 
of non-dual status technicians employed by the National Guard 
as of September 30, 2008, may not exceed the following: 
(A) For the Army National Guard of the United States, 
1,600. 
(B) For the Air National Guard of the United States, 
350. 
(2) ARMY RESERVE.—The number of non-dual status techni-
cians employed by the Army Reserve as of September 30, 2008, 
may not exceed 595. 
(3) AIR FORCE RESERVE.—The number of non-dual status 
technicians employed by the Air Force Reserve as of September 
30, 2008, may not exceed 90. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 
the term ‘‘non-dual status technician’’ has the meaning given that 
term in section 10217(a) of title 10, United States Code. 
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 
TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 
During fiscal year 2008, the maximum number of members 
of the reserve components of the Armed Forces who may be serving 
at any time on full-time operational support duty under section 
115(b) of title 10, United States Code, is the following: 
(1) The Army National Guard of the United States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
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122 STAT. 91 
PUBLIC LAW 110–181—JAN. 28, 2008 
(5) The Air National Guard of the United States, 16,000. 
(6) The Air Force Reserve, 14,000. 
SEC. 416. FUTURE AUTHORIZATIONS AND ACCOUNTING FOR CERTAIN 
RESERVE COMPONENT PERSONNEL AUTHORIZED TO BE 
ON ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY 
TO PROVIDE OPERATIONAL SUPPORT. 
(a) REVIEW OF OPERATIONAL SUPPORT MISSIONS PERFORMED 
BY CERTAIN RESERVE COMPONENT PERSONNEL.— 
(1) REVIEW REQUIRED.—The Secretary of Defense shall con-
duct a review of the long-term operational support missions 
performed by members of the reserve components authorized 
under section 115(b) of title 10, United States Code, to be 
on active duty or full-time National Guard duty for the purpose 
of providing operational support, with the objectives of such 
review being— 
(A) minimizing the number of reserve component mem-
bers who perform such service for a period greater than 
1,095 consecutive days, or cumulatively for 1,095 days out 
of the previous 1,460 days; and 
(B) determining which long-term operational support 
missions being performed by such members would more 
appropriately be performed by members of the Armed 
Forces on active duty under other provisions of title 10, 
United States Code, or by full-time support personnel of 
reserve components. 
(2) SUBMISSION OF RESULTS.—Not later than March 1, 2008, 
the Secretary shall submit to Congress the results of the review, 
including a description of the adjustments in Department of 
Defense policy to be implemented as a result of the review 
and such recommendations for changes in statute, as the Sec-
retary considers to be appropriate. 
(b) IMPROVED ACCOUNTING
FOR RESERVE COMPONENT PER-
SONNEL PROVIDING OPERATIONAL SUPPORT.—Section 115(b) of title 
10, United States Code, is amended by adding at the end the 
following new paragraph: 
‘‘(4) As part of the budget justification materials submitted 
by the Secretary of Defense to Congress in support of the end 
strength authorizations required under subparagraphs (A) and (B) 
of subsection (a)(1) for fiscal year 2009 and each fiscal year there-
after, the Secretary shall provide the following: 
‘‘(A) The number of members, specified by reserve compo-
nent, authorized under subparagraphs (A) and (B) of paragraph 
(1) who were serving on active duty or full-time National Guard 
duty for operational support beyond each of the limits specified 
under subparagraphs (A) and (B) of paragraph (2) at the end 
of the fiscal year preceding the fiscal year for which the budget 
justification materials are submitted. 
‘‘(B) The number of members, specified by reserve compo-
nent, on active duty for operational support who, at the end 
of the fiscal year for which the budget justification materials 
are submitted, are projected to be serving on active duty or 
full-time National Guard duty for operational support beyond 
such limits. 
‘‘(C) The number of members, specified by reserve compo-
nent, on active duty or full-time National Guard duty for oper-
ational support who are included in, and counted against, the 
Deadline. 
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122 STAT. 92 
PUBLIC LAW 110–181—JAN. 28, 2008 
end strength authorizations requested under subparagraphs 
(A) and (B) of subsection (a)(1). 
‘‘(D) A summary of the missions being performed by mem-
bers identified under subparagraphs (A) and (B).’’. 
SEC. 417. REVISION OF VARIANCES AUTHORIZED FOR SELECTED 
RESERVE END STRENGTHS. 
Section 115(f)(3) of title 10, United States Code, is amended 
by striking ‘‘2 percent’’ and inserting ‘‘3 percent’’. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
There is hereby authorized to be appropriated to the Depart-
ment of Defense for military personnel for fiscal year 2008 a total 
of $117,091,420,000. The authorization in the preceding sentence 
supersedes any other authorization of appropriations (definite or 
indefinite) for such purpose for fiscal year 2008. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Assignment of officers to designated positions of importance and responsi-
bility. 
Sec. 502. Enhanced authority for Reserve general and flag officers to serve on ac-
tive duty. 
Sec. 503. Increase in years of commissioned service threshold for discharge of pro-
bationary officers and for use of force shaping authority. 
Sec. 504. Mandatory retirement age for active-duty general and flag officers contin-
ued on active duty. 
Sec. 505. Authority for reduced mandatory service obligation for initial appoint-
ments of officers in critically short health professional specialties. 
Sec. 506. Expansion of authority for reenlistment of officers in their former enlisted 
grade. 
Sec. 507. Increase in authorized number of permanent professors at the United 
States Military Academy. 
Sec. 508. Promotion of career military professors of the Navy. 
Subtitle B—Reserve Component Management 
Sec. 511. Retention of military technicians who lose dual status in the Selected Re-
serve due to combat-related disability. 
Sec. 512. Constructive service credit upon original appointment of Reserve officers 
in certain health care professions. 
Sec. 513. Mandatory separation of Reserve officers in the grade of lieutenant gen-
eral or vice admiral after completion of 38 years of commissioned serv-
ice. 
Sec. 514. Maximum period of temporary Federal recognition of person as Army Na-
tional Guard officer or Air National Guard officer. 
Sec. 515. Advance notice to members of reserve components of deployment in sup-
port of contingency operations. 
Sec. 516. Report on relief from professional licensure and certification requirements 
for reserve component members on long-term active duty. 
Subtitle C—Education and Training 
Sec. 521. Revisions to authority to pay tuition for off-duty training or education. 
Sec. 522. Reduction or elimination of service obligation in an Army Reserve or 
Army National Guard troop program unit for certain persons selected as 
medical students at Uniformed Services University of the Health 
Sciences. 
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122 STAT. 93 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 523. Repeal of annual limit on number of ROTC scholarships under Army Re-
serve and Army National Guard financial assistance program. 
Sec. 524. Treatment of prior active service of members in uniformed medical acces-
sion programs. 
Sec. 525. Repeal of post-2007–2008 academic year prohibition on phased increase 
in cadet strength limit at the United States Military Academy. 
Sec. 526. National Defense University master’s degree programs. 
Sec. 527. Authority of the Air University to confer degree of master of science in 
flight test engineering. 
Sec. 528. Enhancement of education benefits for certain members of reserve compo-
nents. 
Sec. 529. Extension of period of entitlement to educational assistance for certain 
members of the Selected Reserve affected by force shaping initiatives. 
Sec. 530. Time limit for use of educational assistance benefit for certain members 
of reserve components and resumption of benefit. 
Sec. 531. Secretary of Defense evaluation of the adequacy of the degree-granting 
authorities of certain military universities and educational institutions. 
Sec. 532. Report on success of Army National Guard and Reserve Senior Reserve 
Officers’ Training Corps financial assistance program. 
Sec. 533. Report on utilization of tuition assistance by members of the Armed 
Forces. 
Sec. 534. Navy Junior Reserve Officers’ Training Corps unit for Southold, 
Mattituck, and Greenport High Schools. 
Sec. 535. Report on transfer of administration of certain educational assistance pro-
grams for members of the reserve components. 
Subtitle D—Military Justice and Legal Assistance Matters 
Sec. 541. Authority to designate civilian employees of the Federal Government and 
dependents of deceased members as eligible for legal assistance from 
Department of Defense legal staff resources. 
Sec. 542. Authority of judges of the United States Court of Appeals for the Armed 
Forces to administer oaths. 
Sec. 543. Modification of authorities on senior members of the Judge Advocate Gen-
erals’ Corps. 
Sec. 544. Prohibition against members of the Armed Forces participating in crimi-
nal street gangs. 
Subtitle E—Military Leave 
Sec. 551. Temporary enhancement of carryover of accumulated leave for members 
of the Armed Forces. 
Sec. 552. Enhancement of rest and recuperation leave. 
Subtitle F—Decorations and Awards 
Sec. 561. Authorization and request for award of Medal of Honor to Leslie H. Sabo, 
Jr., for acts of valor during the Vietnam War. 
Sec. 562. Authorization and request for award of Medal of Honor to Henry Svehla 
for acts of valor during the Korean War. 
Sec. 563. Authorization and request for award of Medal of Honor to Woodrow W. 
Keeble for acts of valor during the Korean War. 
Sec. 564. Authorization and request for award of Medal of Honor to Private Philip 
G. Shadrach for acts of valor as one of Andrews’ Raiders during the 
Civil War. 
Sec. 565. Authorization and request for award of Medal of Honor to Private George 
D. Wilson for acts of valor as one of Andrews’ Raiders during the Civil 
War. 
Subtitle G—Impact Aid and Defense Dependents Education System 
Sec. 571. Continuation of authority to assist local educational agencies that benefit 
dependents of members of the Armed Forces and Department of Defense 
civilian employees. 
Sec. 572. Impact aid for children with severe disabilities. 
Sec. 573. Inclusion of dependents of non-department of Defense employees em-
ployed on Federal property in plan relating to force structure changes, 
relocation of military units, or base closures and realignments. 
Sec. 574. Payment of private boarding school tuition for military dependents in 
overseas areas not served by defense dependents’ education system 
schools. 
Subtitle H—Military Families 
Sec. 581. Department of Defense Military Family Readiness Council and policy and 
plans for military family readiness. 
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122 STAT. 94 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 582. Yellow Ribbon Reintegration Program. 
Sec. 583. Study to enhance and improve support services and programs for families 
of members of regular and reserve components undergoing deployment. 
Sec. 584. Protection of child custody arrangements for parents who are members of 
the Armed Forces deployed in support of a contingency operation. 
Sec. 585. Family leave in connection with injured members of the Armed Forces. 
Sec. 586. Family care plans and deferment of deployment of single parent or dual 
military couples with minor dependents. 
Sec. 587. Education and treatment services for military dependent children with 
autism. 
Sec. 588. Commendation of efforts of Project Compassion in paying tribute to mem-
bers of the Armed Forces who have fallen in the service of the United 
States. 
Subtitle I—Other Matters 
Sec. 590. Uniform performance policies for military bands and other musical units. 
Sec. 591. Transportation of remains of deceased members of the Armed Forces and 
certain other persons. 
Sec. 592. Expansion of number of academies supportable in any State under 
STARBASE program. 
Sec. 593. Gift acceptance authority. 
Sec. 594. Conduct by members of the Armed Forces and veterans out of uniform 
during hoisting, lowering, or passing of United States flag. 
Sec. 595. Annual report on cases reviewed by National Committee for Employer 
Support of the Guard and Reserve. 
Sec. 596. Modification of Certificate of Release or Discharge from Active Duty (DD 
Form 214). 
Sec. 597. Reports on administrative separations of members of the Armed Forces 
for personality disorder. 
Sec. 598. Program to commemorate 50th anniversary of the Vietnam War. 
Sec. 599. Recognition of members of the Monuments, Fine Arts, and Archives pro-
gram of the Civil Affairs and Military Government Sections of the 
Armed Forces during and following World War II. 
Subtitle A—Officer Personnel Policy 
SEC. 501. ASSIGNMENT OF OFFICERS TO DESIGNATED POSITIONS OF 
IMPORTANCE AND RESPONSIBILITY. 
(a) CONTINUATION IN GRADE WHILE AWAITING ORDERS.—Section 
601(b) of title 10, United States Code, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph (3); 
(2) by redesignating paragraph (4) as paragraph (5); and 
(3) by inserting after paragraph (3) the following new para-
graph (4): 
‘‘(4) at the discretion of the Secretary of Defense, while 
the officer is awaiting orders after being relieved from the 
position designated under subsection (a) or by law to carry 
one of those grades, but not for more than 60 days beginning 
on the day the officer is relieved from the position, unless, 
during such period, the officer is placed under orders to another 
position designated under subsection (a) or by law to carry 
one of those grades, in which case paragraph (2) will also 
apply to the officer; and’’. 
(b) CONFORMING AMENDMENT REGARDING GENERAL AND FLAG 
OFFICER CEILINGS.—Section 525(e) of such title is amended by 
striking paragraph (2) and inserting the following new paragraph: 
‘‘(2) At the discretion of the Secretary of Defense, an officer 
of that armed force who has been relieved from a position 
designated under section 601(a) of this title or by law to carry 
one of the grades specified in such section, but only during 
the 60-day period beginning on the date on which the assign-
ment of the officer to the first position is terminated or until 
the officer is assigned to a second such position, whichever 
occurs first.’’. 
Deadline. 
Deadline. 
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122 STAT. 95 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 502. ENHANCED AUTHORITY FOR RESERVE GENERAL AND FLAG 
OFFICERS TO SERVE ON ACTIVE DUTY. 
Section 526(d) of title 10, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘The limitations’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) The limitations of this section also do not apply to a 
number, as specified by the Secretary of the military department 
concerned, of reserve component general or flag officers authorized 
to serve on active duty for a period of not more than 365 days. 
The number so specified for an armed force may not exceed the 
number equal to 10 percent of the authorized number of general 
or flag officers, as the case may be, of that armed force under 
section 12004 of this title. In determining such number, any fraction 
shall be rounded down to the next whole number, except that 
such number shall be at least one.’’. 
SEC. 
503. 
INCREASE 
IN 
YEARS 
OF 
COMMISSIONED 
SERVICE 
THRESHOLD FOR DISCHARGE OF PROBATIONARY OFFI-
CERS AND FOR USE OF FORCE SHAPING AUTHORITY. 
(a) ACTIVE-DUTY LIST OFFICERS.— 
(1) EXTENDED PROBATIONARY PERIOD.—Paragraph (1)(A) of 
section 630 of title 10, United States Code, is amended by 
striking ‘‘five years’’ and inserting ‘‘six years’’. 
(2) SECTION
HEADING.—The heading of such section is 
amended by striking ‘‘five years’’ and inserting ‘‘six years’’. 
(3) TABLE OF SECTIONS.—The item relating to such section 
in the table of sections at the beginning of subchapter III 
of chapter 36 of such title is amended to read as follows: 
‘‘630. Discharge of commissioned officers with less than six years of active commis-
sioned service or found not qualified for promotion for first lieutenant 
or lieutenant (junior grade).’’. 
(b) OFFICER FORCE SHAPING AUTHORITY.—Section 647(b)(1) of 
such title is amended by striking ‘‘5 years’’ both places it appears 
and inserting ‘‘six years’’. 
(c) RESERVE OFFICERS.— 
(1) EXTENDED PROBATIONARY PERIOD.—Subsection (a)(1) of 
section 14503 of such title is amended by striking ‘‘five years’’ 
and inserting ‘‘six years’’. 
(2) SECTION
HEADING.—The heading of such section is 
amended by striking ‘‘five years’’ and inserting ‘‘six years’’. 
(3) TABLE OF SECTIONS.—The item relating to such section 
in the table of sections at the beginning of chapter 1407 of 
such title is amended to read as follows: 
‘‘14503. Discharge of officers with less than six years of commissioned service or 
found not qualified for promotion to first lieutenant or lieutenant (junior 
grade).’’. 
SEC. 504. MANDATORY RETIREMENT AGE FOR ACTIVE-DUTY GENERAL 
AND FLAG OFFICERS CONTINUED ON ACTIVE DUTY. 
Section 637(b)(3) of title 10, United States Code, is amended 
by striking ‘‘but such period may not (except as provided under 
section 1251(b) of this title) extend beyond the date of the officer’s 
sixty-second birthday’’ and inserting ‘‘except as provided under sec-
tion 1251 or 1253 of this title’’. 
Deadline. 
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122 STAT. 96 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 505. AUTHORITY FOR REDUCED MANDATORY SERVICE OBLIGA-
TION FOR INITIAL APPOINTMENTS OF OFFICERS IN 
CRITICALLY SHORT HEALTH PROFESSIONAL SPECIAL-
TIES. 
Section 651 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(c)(1) For the armed forces under the jurisdiction of the Sec-
retary of Defense, the Secretary may waive the initial period of 
required service otherwise established pursuant to subsection (a) 
in the case of the initial appointment of a commissioned officer 
in a critically short health professional specialty specified by the 
Secretary for purposes of this subsection. 
‘‘(2) The minimum period of obligated service for an officer 
under a waiver under this subsection shall be the greater of— 
‘‘(A) two years; or 
‘‘(B) in the case of an officer who has accepted an accession 
bonus or executed a contract or agreement for the multiyear 
receipt of special pay for service in the armed forces, the period 
of obligated service specified in such contract or agreement.’’. 
SEC. 506. EXPANSION OF AUTHORITY FOR REENLISTMENT OF OFFI-
CERS IN THEIR FORMER ENLISTED GRADE. 
(a) REGULAR ARMY.—Section 3258 of title 10, United States 
Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘a Reserve officer’’ and inserting ‘‘an 
officer’’; and 
(B) by striking ‘‘a temporary appointment’’ and 
inserting ‘‘an appointment’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘a Reserve officer’’ 
and inserting ‘‘an officer’’; and 
(B) in paragraph (2), by striking ‘‘the Reserve commis-
sion’’ and inserting ‘‘the commission’’. 
(b) REGULAR
AIR
FORCE.—Section 8258 of such title is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘a reserve officer’’ and inserting ‘‘an 
officer’’; and 
(B) by striking ‘‘a temporary appointment’’ and 
inserting ‘‘an appointment’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘a Reserve officer’’ 
and inserting ‘‘an officer’’; and 
(B) in paragraph (2), by striking ‘‘the Reserve commis-
sion’’ and inserting ‘‘the commission’’. 
SEC. 507. INCREASE IN AUTHORIZED NUMBER OF PERMANENT 
PROFESSORS 
AT 
THE 
UNITED 
STATES 
MILITARY 
ACADEMY. 
Paragraph (4) of section 4331(b) of title 10, United States 
Code, is amended to read as follows: 
‘‘(4) Twenty-eight permanent professors.’’. 
SEC. 508. PROMOTION OF CAREER MILITARY PROFESSORS OF THE 
NAVY. 
(a) PROMOTION.— 
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122 STAT. 97 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) IN GENERAL.—Chapter 603 of title 10, United States 
Code, is amended— 
(A) by redesignating section 6970 as section 6970a; 
and 
(B) by inserting after section 6969 the following new 
section 6970: 
‘‘§ 6970. Permanent professors: promotion 
‘‘(a) PROMOTION.—An officer serving as a permanent professor 
may be recommended for promotion to the grade of captain or 
colonel, as the case may be, under regulations prescribed by the 
Secretary of the Navy. The regulations shall include a competitive 
selection board process to identify those permanent professors best 
qualified for promotion. An officer so recommended shall be pro-
moted by appointment to the higher grade by the President, by 
and with the advice and consent of the Senate. 
‘‘(b) EFFECTIVE DATE OF PROMOTION.—If made, the promotion 
of an officer under subsection (a) shall be effective not earlier 
than three years after the selection of the officer as a permanent 
professor as described in that subsection.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by striking the item 
relating to section 6970 and inserting the following new items: 
‘‘6970. Permanent professors: promotion. 
‘‘6970a. Permanent professors: retirement for years of service; authority for defer-
ral.’’. 
(b) CONFORMING AMENDMENTS.—Section 641(2) of such title 
is amended— 
(1) by striking ‘‘and the registrar’’ and inserting ‘‘, the 
registrar’’; and 
(2) by inserting before the period at the end the following: 
‘‘, and permanent professors of the Navy (as defined in regula-
tions prescribed by the Secretary of the Navy)’’. 
(c) COMPETITIVE SELECTION ASSESSMENT.—The Secretary of 
Defense shall conduct an assessment of the effectiveness of the 
promotion system established under section 6970 of title 10, United 
States Code, as added by subsection (a), for permanent professors 
of the United States Naval Academy, including an evaluation of 
the extent to which the implementation of the promotion system 
has resulted in a competitive environment for the selection of 
permanent professors and an evaluation of whether the goals of 
the permanent professor program have been achieved, including 
adequate career progression and promotion opportunities for partici-
pating officers. Not later than December 31, 2009, the Secretary 
shall submit to the congressional defense committees a report con-
taining the results of the assessment. 
(d) 
USE
OF
EXCLUSIONS
FROM
AUTHORIZED
OFFICER 
STRENGTHS.—Not later than March 31, 2008, the Secretary of the 
Navy shall submit to the congressional defense committees a report 
describing the plans of the Secretary for utilization of authorized 
exemptions under section 523(b)(8) of title 10, United States Code, 
and a discussion of the Navy’s requirement, if any, and projections 
for use of additional exemptions by grade. 
Deadline. 
Reports. 
Deadline. 
Reports. 
President. 
Regulations. 
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122 STAT. 98 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle B—Reserve Component 
Management 
SEC. 511. RETENTION OF MILITARY TECHNICIANS WHO LOSE DUAL 
STATUS IN THE SELECTED RESERVE DUE TO COMBAT- 
RELATED DISABILITY. 
Section 10216 of title 10, United States Code, is amended 
by inserting after subsection (f) the following new subsection: 
‘‘(g) RETENTION OF MILITARY TECHNICIANS WHO LOSE DUAL 
STATUS DUE TO COMBAT-RELATED DISABILITY.—(1) Notwithstanding 
subsection (d) of this section or subsections (a)(3) and (b) of section 
10218 of this title, if a military technician (dual status) loses such 
dual status as the result of a combat-related disability (as defined 
in section 1413a of this title), the person may be retained as 
a non-dual status technician so long as— 
‘‘(A) the combat-related disability does not prevent the per-
son from performing the non-dual status functions or position; 
and 
‘‘(B) the person, while a non-dual status technician, is 
not disqualified from performing the non-dual status functions 
or position because of performance, medical, or other reasons. 
‘‘(2) A person so retained shall be removed not later than 
30 days after becoming eligible for an unreduced annuity and 
becoming 60 years of age. 
‘‘(3) Persons retained under the authority of this subsection 
do not count against the limitations of section 10217(c) of this 
title.’’. 
SEC. 512. CONSTRUCTIVE SERVICE CREDIT UPON ORIGINAL APPOINT-
MENT OF RESERVE OFFICERS IN CERTAIN HEALTH CARE 
PROFESSIONS. 
(a) INCLUSION OF ADDITIONAL HEALTH CARE PROFESSIONS.— 
Paragraph (2) of section 12207(b) of title 10, United States Code, 
is amended to read as follows: 
‘‘(2)(A) If the Secretary of Defense determines that the number 
of officers in a health profession described in subparagraph (B) 
who are serving in an active status in a reserve component of 
the Army, Navy, or Air Force in grades below major or lieutenant 
commander is critically below the number needed in such health 
profession by such reserve component in such grades, the Secretary 
of Defense may authorize the Secretary of the military department 
concerned to credit any person who is receiving an original appoint-
ment as an officer for service in such health profession with a 
period of constructive credit in such amount (in addition to any 
amount credited such person under paragraph (1)) as will result 
in the grade of such person being that of captain or, in the case 
of the Navy Reserve, lieutenant. 
‘‘(B) The types of health professions referred to in subparagraph 
(A) include the following: 
‘‘(i) Any health profession performed by officers in the 
Medical Corps of the Army or the Navy or by officers of the 
Air Force designated as a medical officer. 
‘‘(ii) Any health profession performed by officers in the 
Dental Corps of the Army or the Navy or by officers of the 
Air Force designated as a dental officer. 
Deadline. 
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122 STAT. 99 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(iii) Any health profession performed by officers in the 
Medical Service Corps of the Army or the Navy or by officers 
of the Air Force designated as a medical service officer or 
biomedical sciences officer. 
‘‘(iv) Any health profession performed by officers in the 
Army Medical Specialist Corps. 
‘‘(v) Any health profession performed by officers of the 
Nurse Corps of the Army or the Navy or by officers of the 
Air Force designated as a nurse. 
‘‘(vi) Any health profession performed by officers in the 
Veterinary Corps of the Army or by officers designated as 
a veterinary officer.’’. 
(b) CONFORMING AMENDMENT.—Paragraph (3) of such section 
is amended by striking ‘‘a medical or dental officer’’ and inserting 
‘‘officers covered by paragraph (2)’’. 
SEC. 513. MANDATORY SEPARATION OF RESERVE OFFICERS IN THE 
GRADE OF LIEUTENANT GENERAL OR VICE ADMIRAL 
AFTER COMPLETION OF 38 YEARS OF COMMISSIONED 
SERVICE. 
(a) MANDATORY SEPARATION.—Section 14508 of title 10, United 
States Code, is amended— 
(1) by redesignating subsections (c), (d), and (e) as sub-
sections (e), (f), and (g), respectively; and 
(2) by inserting after subsection (b) the following new sub-
section (c): 
‘‘(c) THIRTY-EIGHT YEARS OF SERVICE FOR LIEUTENANT GEN-
ERALS
AND VICE ADMIRALS.—Unless retired, transferred to the 
Retired Reserve, or discharged at an earlier date, each reserve 
officer of the Army, Air Force, or Marine Corps in the grade of 
lieutenant general and each reserve officer of the Navy in the 
grade of vice admiral shall be separated in accordance with section 
14514 of this title on the later of the following: 
‘‘(1) 30 days after completion of 38 years of commissioned 
service. 
‘‘(2) The fifth anniversary of the date of the officer’s appoint-
ment in the grade of lieutenant general or vice admiral.’’. 
(b) CLERICAL AMENDMENTS.—Such section is further amended— 
(1) in subsection (a), by inserting ‘‘FOR BRIGADIER GEN-
ERALS AND REAR ADMIRALS (LOWER HALF)’’ after ‘‘GRADE’’ in 
the subsection heading; and 
(2) in subsection (b), by inserting ‘‘FOR MAJOR GENERALS 
AND REAR ADMIRALS’’ after ‘‘GRADE’’ in the subsection heading. 
SEC. 514. MAXIMUM PERIOD OF TEMPORARY FEDERAL RECOGNITION 
OF PERSON AS ARMY NATIONAL GUARD OFFICER OR AIR 
NATIONAL GUARD OFFICER. 
Section 308(a) of title 32, United States Code, is amended 
in the last sentence by striking ‘‘six months’’ and inserting ‘‘one 
year’’. 
SEC. 515. ADVANCE NOTICE TO MEMBERS OF RESERVE COMPONENTS 
OF DEPLOYMENT IN SUPPORT OF CONTINGENCY OPER-
ATIONS. 
(a) ADVANCE NOTICE REQUIRED.—The Secretary of a military 
department shall ensure that a member of a reserve component 
under the jurisdiction of that Secretary who will be called or ordered 
to active duty for a period of more than 30 days in support of 
10 USC 12301 
note. 
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122 STAT. 100 
PUBLIC LAW 110–181—JAN. 28, 2008 
a contingency operation (as defined in section 101(a)(13) of title 
10, United States Code) receives notice in advance of the mobiliza-
tion date. In so far as is practicable, the notice shall be provided 
not less than 30 days before the mobilization date, but with a 
goal of 90 days before the mobilization date. 
(b) REDUCTION OR WAIVER OF NOTICE REQUIREMENT.—The Sec-
retary of Defense may waive the requirement of subsection (a), 
or authorize shorter notice than the minimum specified in such 
subsection, during a war or national emergency declared by the 
President or Congress or to meet mission requirements. If the 
waiver or reduction is made on account of mission requirements, 
the Secretary shall submit to Congress a report detailing the rea-
sons for the waiver or reduction and the mission requirements 
at issue. 
SEC. 516. REPORT ON RELIEF FROM PROFESSIONAL LICENSURE AND 
CERTIFICATION REQUIREMENTS FOR RESERVE COMPO-
NENT MEMBERS ON LONG-TERM ACTIVE DUTY. 
(a) STUDY.—The Comptroller General of the United States shall 
conduct a study of the requirements to maintain licensure or certifi-
cation by members of the National Guard or other reserve compo-
nents of the Armed Forces while on active duty for an extended 
period of time. 
(b) ELEMENTS OF STUDY.—In the study, the Comptroller Gen-
eral shall— 
(1) identify the number and type of professional or other 
licensure or certification requirements that may be adversely 
impacted by extended periods of active duty; and 
(2) determine mechanisms that would provide relief from 
professional or other licensure or certification requirements 
for members of the reserve components while on active duty 
for an extended period of time. 
(c) REPORT.—Not later than 120 days after the date of the 
enactment of this Act, the Comptroller General shall submit to 
the Committees on Armed Services of the Senate and House of 
Representative a report containing the results of the study and 
such recommendations as the Comptroller General considers appro-
priate to provide further relief for members of the reserve compo-
nents from professional or other licensure or certification require-
ments while on active duty for an extended period of time. 
Subtitle C—Education and Training 
SEC. 521. REVISIONS TO AUTHORITY TO PAY TUITION FOR OFF-DUTY 
TRAINING OR EDUCATION. 
(a) INCLUSION OF COAST GUARD.—Subsection (a) of section 2007 
of title 10, United States Code, is amended by striking ‘‘Subject 
to subsection (b), the Secretary of a military department’’ and 
inserting ‘‘Subject to subsections (b) and (c), the Secretary con-
cerned’’. 
(b) COMMISSIONED OFFICERS ON ACTIVE DUTY.—Subsection (b) 
of such section is amended— 
(1) in paragraph (1)— 
(A) by inserting after ‘‘commissioned officer on active 
duty’’ the following: ‘‘(other than a member of the Ready 
Reserve)’’; 
Reports. 
Deadline. 
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122 STAT. 101 
PUBLIC LAW 110–181—JAN. 28, 2008 
(B) by striking ‘‘the Secretary of the military depart-
ment concerned’’ and inserting ‘‘the Secretary concerned’’; 
and 
(C) by striking ‘‘or full-time National Guard duty’’ both 
places it appears; and 
(2) in paragraph (2)— 
(A) in the matter preceding subparagraph (A), by 
striking ‘‘the Secretary of the military department’’ and 
inserting ‘‘the Secretary concerned’’; 
(B) in subparagraph (B), by inserting after ‘‘active duty 
service’’ the following: ‘‘for which the officer was ordered 
to active duty’’; and 
(C) in subparagraph (C), by striking ‘‘Secretary’’ and 
inserting ‘‘Secretary concerned’’. 
(c) AUTHORITY TO PAY TUITION ASSISTANCE TO MEMBERS OF 
THE READY RESERVE.— 
(1) AVAILABILITY OF ASSISTANCE.—Subsection (c) of such 
section is amended to read as follows: 
‘‘(c)(1) Subject to paragraphs (3) and (5), the Secretary con-
cerned may pay the charges of an educational institution for the 
tuition or expenses described in subsection (a) of a member of 
the Selected Reserve. 
‘‘(2) Subject to paragraphs (4) and (5), the Secretary concerned 
may pay the charges of an educational institution for the tuition 
or expenses described in subsection (a) of a member of the Individual 
Ready Reserve who has a military occupational specialty designated 
by the Secretary concerned for purposes of this subsection. 
‘‘(3) The Secretary concerned may not pay charges under para-
graph (1) for tuition or expenses of an officer of the Selected Reserve 
unless the officer enters into an agreement to remain a member 
of the Selected Reserve for at least 4 years after completion of 
the education or training for which the charges are paid. 
‘‘(4) The Secretary concerned may not pay charges under para-
graph (2) for tuition or expenses of an officer of the Individual 
Ready Reserve unless the officer enters into an agreement to remain 
in the Selected Reserve or Individual Ready Reserve for at least 
4 years after completion of the education or training for which 
the charges are paid. 
‘‘(5) The Secretary of a military department may require an 
enlisted member of the Selected Reserve or Individual Ready 
Reserve to enter into an agreement to serve for up to 4 years 
in the Selected Reserve or Individual Ready Reserve, as the case 
may be, after completion of the education or training for which 
tuition or expenses are paid under paragraph (1) or (2), as 
applicable.’’. 
(2) REPEAL
OF
SUPERSEDED
PROVISION.—Such section is 
further amended— 
(A) by striking subsection (d); and 
(B) by redesignating subsections (e) and (f) as sub-
sections (d) and (e), respectively. 
(3) REPAYMENT OF UNEARNED BENEFIT.—Subsection (e) of 
such section, as redesignated by paragraph (2) of this sub-
section, is amended— 
(A) by inserting ‘‘(1)’’ after ‘‘(e)’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(2) If a member of the Ready Reserve who enters into an 
agreement under subsection (c) does not complete the period of 
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122 STAT. 102 
PUBLIC LAW 110–181—JAN. 28, 2008 
service specified in the agreement, the member shall be subject 
to the repayment provisions of section 303a(e) of title 37.’’. 
(d) REGULATIONS.—Such section is further amended by adding 
at the end the following new subsection: 
‘‘(f) This section shall be administered under regulations pre-
scribed by the Secretary of Defense or, with respect to the Coast 
Guard when it is not operating as a service in the Navy, the 
Secretary of Homeland Security.’’. 
(e) STUDY.— 
(1) STUDY REQUIRED.—The Secretary of Defense shall carry 
out a study on the tuition assistance program carried out under 
section 2007 of title 10, United States Code. The study shall— 
(A) identify the number of members of the Armed 
Forces eligible for assistance under the program, and the 
number who actually receive the assistance; 
(B) assess the extent to which the program affects 
retention rates; and 
(C) assess the extent to which State tuition assistance 
programs affect retention rates in those States. 
(2) REPORT.—Not later than 9 months after the date of 
the enactment of this Act, the Secretary shall submit to the 
Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives a report 
containing the results of the study. 
SEC. 522. REDUCTION OR ELIMINATION OF SERVICE OBLIGATION IN 
AN ARMY RESERVE OR ARMY NATIONAL GUARD TROOP 
PROGRAM UNIT FOR CERTAIN PERSONS SELECTED AS 
MEDICAL STUDENTS AT UNIFORMED SERVICES UNIVER-
SITY OF THE HEALTH SCIENCES. 
Paragraph (3) of section 2107a(b) of title 10, United States 
Code, is amended to read as follows: 
‘‘(3)(A) Subject to subparagraph (C), in the case of a person 
described in subparagraph (B), the Secretary may, at any time 
and with the consent of the person, modify an agreement described 
in paragraph (1)(F) submitted by the person for the purpose of 
reducing or eliminating the troop program unit service obligation 
specified in the agreement and to establish, in lieu of that obligation, 
an active duty service obligation. 
‘‘(B) Subparagraph (A) applies with respect to the following 
persons: 
‘‘(i) A cadet under this section at a military junior college. 
‘‘(ii) A cadet or former cadet under this section who is 
selected under section 2114 of this title to be a medical student 
at the Uniformed Services University of the Health Sciences. 
‘‘(iii) A cadet or former cadet under this section who signs 
an agreement under section 2122 of this title for participation 
in the Armed Forces Health Professions Scholarship and Finan-
cial Assistance program. 
‘‘(C) The modification of an agreement described in paragraph 
(1)(F) may be made only if the Secretary determines that it is 
in the best interests of the United States to do so.’’. 
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122 STAT. 103 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 523. REPEAL OF ANNUAL LIMIT ON NUMBER OF ROTC SCHOLAR-
SHIPS UNDER ARMY RESERVE AND ARMY NATIONAL 
GUARD FINANCIAL ASSISTANCE PROGRAM. 
Section 2107a(h) of title 10, United States Code, is amended 
by striking ‘‘not more than 416 cadets each year under this section, 
to include’’ and inserting ‘‘each year under this section’’. 
SEC. 524. TREATMENT OF PRIOR ACTIVE SERVICE OF MEMBERS IN 
UNIFORMED MEDICAL ACCESSION PROGRAMS. 
(a) MEDICAL STUDENTS OF USUHS.— 
(1) TREATMENT OF STUDENTS WITH PRIOR ACTIVE SERVICE.— 
Section 2114 of title 10, United States Code, is amended— 
(A) by redesignating subsections (c) through (h) as 
subsections (d) through (i), respectively; and 
(B) in subsection (b)— 
(i) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(ii) by inserting after the second sentence the fol-
lowing 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 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 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 graduation, on which the basic pay for the member in 
the member’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— 
(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 SCHOLARSHIP 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 partici-
pate in the program as a medical student has prior active service 
in a pay grade and with years of service 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 increased on average 
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122 STAT. 104 
PUBLIC LAW 110–181—JAN. 28, 2008 
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 the conclusion 
of such participation, on which the basic pay for the member in 
the member’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.’’. 
(c) OFFICERS DETAILED AS STUDENTS AT MEDICAL SCHOOLS.— 
(1) APPOINTMENT
AND
TREATMENT
OF
PRIOR
ACTIVE 
SERVICE.—Section 2004a of such title is amended— 
(A) by redesignating subsections (e) through (h) as 
subsections (f) through (i), respectively; and 
(B) by inserting after subsection (d) the following new 
subsection: 
‘‘(e) APPOINTMENT AND TREATMENT OF PRIOR ACTIVE SERVICE.— 
(1) A commissioned officer detailed as a student at a medical school 
under subsection (a) shall be appointed as a regular officer in 
the grade of second lieutenant or ensign and shall serve on active 
duty in that grade with full pay and allowances of that grade. 
‘‘(2) If an officer detailed to be a medical student has prior 
active service in a pay grade and with years of service credited 
for pay that would entitle the officer, if the officer 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 officer 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 officer 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 officer shall continue to receive 
basic pay based on the former grade and years of service until 
the date, whether occurring before or after graduation, on which 
the basic pay for the officer in the officer’s actual grade and years 
of service credited for pay exceeds the amount of basic pay to 
which the officer is entitled based on the officer’s former grade 
and years of service.’’. 
(2) TECHNICAL AMENDMENT.—Subsection (c) of such section 
is amended by striking ‘‘subsection (c)’’ and inserting ‘‘sub-
section (b)’’. 
SEC. 525. REPEAL OF POST-2007–2008 ACADEMIC YEAR PROHIBITION 
ON PHASED INCREASE IN CADET STRENGTH LIMIT AT 
THE UNITED STATES MILITARY ACADEMY. 
Section 4342(j)(1) of title 10, United States Code, is amended 
by striking the last sentence. 
SEC. 526. NATIONAL DEFENSE UNIVERSITY MASTER’S DEGREE PRO-
GRAMS. 
(a) MASTER OF ARTS PROGRAM AUTHORIZED.—Section 2163 of 
title 10, United States Code, is amended— 
(1) in subsection (a), by inserting ‘‘or master of arts’’ after 
‘‘master of science’’; and 
(2) in subsection (b), by adding at the end the following 
new paragraph: 
‘‘(4) MASTER OF ARTS IN STRATEGIC SECURITY STUDIES.— 
The degree of master of arts in strategic security studies, to 
graduates of the University who fulfill the requirements of 
the program at the School for National Security Executive 
Education.’’. 
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122 STAT. 105 
PUBLIC LAW 110–181—JAN. 28, 2008 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION
HEADING.—The heading of such section is 
amended to read as follows: 
‘‘§ 2163. National Defense University: master’s degree pro-
grams’’. 
(2) TABLE OF CONTENTS.—The table of sections at the begin-
ning of chapter 108 of such title is amended by striking the 
item relating to section 2163 and inserting the following new 
item: 
‘‘2163. National Defense University: master’s degree programs.’’. 
(c) APPLICABILITY TO 2006–2007 GRADUATES.—Paragraph (4) 
of section 2163(b) of title 10, United States Code, as added by 
subsection (a) of this section, applies with respect to any person 
who becomes a graduate of the National Defense University on 
or after September 6, 2006, and fulfills the requirements of the 
program referred to in such paragraph (4). 
SEC. 527. AUTHORITY OF THE AIR UNIVERSITY TO CONFER DEGREE 
OF MASTER OF SCIENCE IN FLIGHT TEST ENGINEERING. 
Section 9317(a) of title 10, United States Code, is amended— 
(1) by redesignating paragraph (4) as paragraph (5); and 
(2) by inserting after paragraph (3) the following new para-
graph: 
‘‘(4) The degree of master of science in flight test 
engineering upon graduates of the Air Force Test Pilot School 
who fulfill the requirements for that degree in a manner con-
sistent with the recommendations of the Department of Edu-
cation and the principles of the regional accrediting body for 
the Air University.’’. 
SEC. 528. ENHANCEMENT OF EDUCATION BENEFITS FOR CERTAIN 
MEMBERS OF RESERVE COMPONENTS. 
(a) ACCELERATED PAYMENT OF EDUCATIONAL ASSISTANCE FOR 
MEMBERS OF THE SELECTED RESERVE.— 
(1) IN GENERAL.—Chapter 1606 of title 10, United States 
Code, is amended by inserting after section 16131 the following 
new section: 
‘‘§ 16131a. Accelerated payment of educational assistance 
‘‘(a) The educational assistance allowance payable under section 
16131 of this title with respect to an eligible person described 
in subsection (b) may, upon the election of such eligible person, 
be paid on an accelerated basis in accordance with this section. 
‘‘(b) An eligible person described in this subsection is a person 
entitled to educational assistance under this chapter who is— 
‘‘(1) enrolled in an approved program of education not 
exceeding two years in duration and not leading to an associate, 
bachelors, masters, or other degree, subject to subsection (g); 
and 
‘‘(2) charged tuition and fees for the program of education 
that, when divided by the number of months (and fractions 
thereof) in the enrollment period, exceeds the amount equal 
to 200 percent of the monthly rate of educational assistance 
allowance otherwise payable with respect to the person under 
section 16131 of this title. 
10 USC 2163 
note. 
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122 STAT. 106 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(c)(1) The amount of the accelerated payment of educational 
assistance payable with respect to an eligible person making an 
election under subsection (a) for a program of education shall be 
the lesser of— 
‘‘(A) the amount equal to 60 percent of the established 
charges for the program of education; or 
‘‘(B) the aggregate amount of educational assistance allow-
ance to which the person remains entitled under this chapter 
at the time of the payment. 
‘‘(2)(A) In this subsection, except as provided in subparagraph 
(B), the term ‘established charges’, in the case of a program of 
education, means the actual charges (as determined pursuant to 
regulations prescribed by the Secretary of Veterans Affairs) for 
tuition and fees which similarly circumstanced individuals who 
are not eligible for benefits under this chapter and who are enrolled 
in the program of education would be required to pay. Established 
charges shall be determined on the following basis: 
‘‘(i) In the case of an individual enrolled in a program 
of education offered on a term, quarter, or semester basis, 
the tuition and fees charged the individual for the term, 
quarter, or semester. 
‘‘(ii) In the case of an individual enrolled in a program 
of education not offered on a term, quarter, or semester basis, 
the tuition and fees charged the individual for the entire pro-
gram of education. 
‘‘(B) In this subsection, the term ‘established charges’ does 
not include any fees or payments attributable to the purchase 
of a vehicle. 
‘‘(3) The educational institution providing the program of edu-
cation for which an accelerated payment of educational assistance 
allowance is elected by an eligible person under subsection (a) 
shall certify to the Secretary of Veterans Affairs the amount of 
the established charges for the program of education. 
‘‘(d) An accelerated payment of educational assistance allowance 
made with respect to an eligible person under this section for 
a program of education shall be made not later than the last 
day of the month immediately following the month in which the 
Secretary of Veterans Affairs receives a certification from the edu-
cational institution regarding— 
‘‘(1) the person’s enrollment in and pursuit of the program 
of education; and 
‘‘(2) the amount of the established charges for the program 
of education. 
‘‘(e)(1) Except as provided in paragraph (2), for each accelerated 
payment of educational assistance allowance made with respect 
to an eligible person under this section, the person’s entitlement 
to educational assistance under this chapter shall be charged the 
number of months (and any fraction thereof) determined by dividing 
the amount of the accelerated payment by the full-time monthly 
rate of educational assistance allowance otherwise payable with 
respect to the person under section 16131 of this title as of the 
beginning date of the enrollment period for the program of education 
for which the accelerated payment is made. 
‘‘(2) If the monthly rate of educational assistance allowance 
otherwise payable with respect to an eligible person under section 
16131 of this title increases during the enrollment period of a 
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122 STAT. 107 
PUBLIC LAW 110–181—JAN. 28, 2008 
program of education for which an accelerated payment of edu-
cational assistance allowance is made under this section, the charge 
to the person’s entitlement to educational assistance under this 
chapter shall be determined by prorating the entitlement charge-
able, in the manner provided for under paragraph (1), for the 
periods covered by the initial rate and increased rate, respectively, 
in accordance with regulations prescribed by the Secretary of Vet-
erans Affairs. 
‘‘(f) The Secretary of Veterans Affairs shall prescribe regulations 
to carry out this section. The regulations shall include requirements, 
conditions, and methods for the request, issuance, delivery, certifi-
cation of receipt and use, and recovery of overpayment of an acceler-
ated payment of educational assistance allowance under this sec-
tion. The regulations may include such elements of the regulations 
prescribed under section 3014A of title 38 as the Secretary of 
Veterans Affairs considers appropriate for purposes of this section. 
‘‘(g) The aggregate amount of educational assistance payable 
under this section in any fiscal year for enrollments covered by 
subsection (b)(1) may not exceed $4,000,000.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 1606 of such title is amended by inserting 
after the item relating to section 16131 the following new 
item: 
‘‘16131a. Accelerated payment of educational assistance.’’. 
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect on October 1, 2008, and shall only 
apply to initial enrollments in approved programs of education 
after such date. 
(b) ACCELERATED PAYMENT OF EDUCATIONAL ASSISTANCE FOR 
RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPER-
ATIONS AND OTHER OPERATIONS.— 
(1) IN GENERAL.—Chapter 1607 of title 10, United States 
Code, is amended by inserting after section 16162 the following 
new section: 
‘‘§ 16162a. Accelerated payment of educational assistance 
‘‘(a) PAYMENT ON ACCELERATED BASIS.—The educational assist-
ance allowance payable under section 16162 of this title with respect 
to an eligible member described in subsection (b) may, upon the 
election of such eligible member, be paid on an accelerated basis 
in accordance with this section. 
‘‘(b) ELIGIBLE MEMBERS.—An eligible member described in this 
subsection is a member of a reserve component entitled to edu-
cational assistance under this chapter who is— 
‘‘(1) enrolled in an approved program of education not 
exceeding two years in duration and not leading to an associate, 
bachelors, masters, or other degree, subject to subsection (g); 
and 
‘‘(2) charged tuition and fees for the program of education 
that, when divided by the number of months (and fractions 
thereof) in the enrollment period, exceeds the amount equal 
to 200 percent of the monthly rate of educational assistance 
allowance otherwise payable with respect to the member under 
section 16162 of this title. 
‘‘(c) AMOUNT OF ACCELERATED PAYMENT.—(1) The amount of 
the accelerated payment of educational assistance payable with 
10 USC 16131a 
note. 
Regulations. 
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122 STAT. 108 
PUBLIC LAW 110–181—JAN. 28, 2008 
respect to an eligible member making an election under subsection 
(a) for a program of education shall be the lesser of— 
‘‘(A) the amount equal to 60 percent of the established 
charges for the program of education; or 
‘‘(B) the aggregate amount of educational assistance allow-
ance to which the member remains entitled under this chapter 
at the time of the payment. 
‘‘(2)(A) In this subsection, except as provided in subparagraph 
(B), the term ‘established charges’, in the case of a program of 
education, means the actual charges (as determined pursuant to 
regulations prescribed by the Secretary of Veterans Affairs) for 
tuition and fees which similarly circumstanced individuals who 
are not eligible for benefits under this chapter and who are enrolled 
in the program of education would be required to pay. Established 
charges shall be determined on the following basis: 
‘‘(i) In the case of an individual enrolled in a program 
of education offered on a term, quarter, or semester basis, 
the tuition and fees charged the individual for the term, 
quarter, or semester. 
‘‘(ii) In the case of an individual enrolled in a program 
of education not offered on a term, quarter, or semester basis, 
the tuition and fees charged the individual for the entire pro-
gram of education. 
‘‘(B) In this subsection, the term ‘established charges’ does 
not include any fees or payments attributable to the purchase 
of a vehicle. 
‘‘(3) The educational institution providing the program of edu-
cation for which an accelerated payment of educational assistance 
allowance is elected by an eligible member under subsection (a) 
shall certify to the Secretary of Veterans Affairs the amount of 
the established charges for the program of education. 
‘‘(d) TIME OF PAYMENT.—An accelerated payment of educational 
assistance allowance made with respect to an eligible member under 
this section for a program of education shall be made not later 
than the last day of the month immediately following the month 
in which the Secretary of Veterans Affairs receives a certification 
from the educational institution regarding— 
‘‘(1) the member’s enrollment in and pursuit of the program 
of education; and 
‘‘(2) the amount of the established charges for the program 
of education. 
‘‘(e) CHARGE AGAINST ENTITLEMENT.—(1) Except as provided 
in paragraph (2), for each accelerated payment of educational assist-
ance allowance made with respect to an eligible member under 
this section, the member’s entitlement to educational assistance 
under this chapter shall be charged the number of months (and 
any fraction thereof) determined by dividing the amount of the 
accelerated payment by the full-time monthly rate of educational 
assistance allowance otherwise payable with respect to the member 
under section 16162 of this title as of the beginning date of the 
enrollment period for the program of education for which the accel-
erated payment is made. 
‘‘(2) If the monthly rate of educational assistance allowance 
otherwise payable with respect to an eligible member under section 
16162 of this title increases during the enrollment period of a 
program of education for which an accelerated payment of edu-
cational assistance allowance is made under this section, the charge 
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122 STAT. 109 
PUBLIC LAW 110–181—JAN. 28, 2008 
to the member’s entitlement to educational assistance under this 
chapter shall be determined by prorating the entitlement charge-
able, in the manner provided for under paragraph (1), for the 
periods covered by the initial rate and increased rate, respectively, 
in accordance with regulations prescribed by the Secretary of Vet-
erans Affairs. 
‘‘(f) REGULATIONS.—The Secretary of Veterans Affairs shall pre-
scribe regulations to carry out this section. The regulations shall 
include requirements, conditions, and methods for the request, 
issuance, delivery, certification of receipt and use, and recovery 
of overpayment of an accelerated payment of educational assistance 
allowance under this section. The regulations may include such 
elements of the regulations prescribed under section 3014A of title 
38 as the Secretary of Veterans Affairs considers appropriate for 
purposes of this section. 
‘‘(g) LIMITATION.—The aggregate amount of educational assist-
ance payable under this section in any fiscal year for enrollments 
covered by subsection (b)(1) may not exceed $3,000,000.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 1607 of such title is amended by inserting 
after the item relating to section 16162 the following new 
item: 
‘‘16162a. Accelerated payment of educational assistance.’’. 
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect on October 1, 2008, and shall only 
apply to initial enrollments in approved programs of education 
after such date. 
(c) ENHANCEMENT OF EDUCATIONAL ASSISTANCE FOR RESERVE 
COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND 
OTHER OPERATIONS.— 
(1) ASSISTANCE FOR THREE YEARS CUMULATIVE SERVICE.— 
Subsection (c)(4)(C) of section 16162 of title 10, United States 
Code, is amended by striking ‘‘for two continuous years or 
more.’’ and inserting ‘‘for— 
‘‘(i) two continuous years or more; or 
‘‘(ii) an aggregate of three years or more.’’. 
(2) CONTRIBUTIONS
FOR
INCREASED
AMOUNT
OF
EDU-
CATIONAL
ASSISTANCE.—Such section is further amended by 
adding at the end the following new subsection: 
‘‘(f) CONTRIBUTIONS FOR INCREASED AMOUNT OF EDUCATIONAL 
ASSISTANCE.—(1)(A) Any individual eligible for educational assist-
ance under this section may contribute amounts for purposes of 
receiving an increased amount of educational assistance as provided 
for in paragraph (2). 
‘‘(B) An individual covered by subparagraph (A) may make 
the contributions authorized by that subparagraph at any time 
while a member of a reserve component, but not more frequently 
than monthly. 
‘‘(C) The total amount of the contributions made by an indi-
vidual under subparagraph (A) may not exceed $600. Such contribu-
tions shall be made in multiples of $20. 
‘‘(D) Contributions under this subsection shall be made to the 
Secretary concerned. Such Secretary shall deposit any amounts 
received as contributions under this subsection into the Treasury 
as miscellaneous receipts. 
10 USC 16162a 
note. 
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122 STAT. 110 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(2) Effective as of the first day of the enrollment period fol-
lowing the enrollment period in which an individual makes contribu-
tions under paragraph (1), the monthly amount of educational 
assistance allowance applicable to such individual under this section 
shall be the monthly rate otherwise provided for under subsection 
(c) increased by— 
‘‘(A) an amount equal to $5 for each $20 contributed by 
such individual under paragraph (1) for an approved program 
of education pursued on a full-time basis; or 
‘‘(B) an appropriately reduced amount based on the amount 
so contributed as determined under regulations that the Sec-
retary of Veterans Affairs shall prescribe, for an approved 
program of education pursued on less than a full-time basis.’’. 
SEC. 529. EXTENSION OF PERIOD OF ENTITLEMENT TO EDUCATIONAL 
ASSISTANCE FOR CERTAIN MEMBERS OF THE SELECTED 
RESERVE AFFECTED BY FORCE SHAPING INITIATIVES. 
Section 16133(b)(1)(B) of title 10, United States Code, is 
amended by inserting ‘‘or the period beginning on October 1, 2007, 
and ending on September 30, 2014,’’ after ‘‘December 31, 2001,’’. 
SEC. 530. TIME LIMIT FOR USE OF EDUCATIONAL ASSISTANCE BENEFIT 
FOR CERTAIN MEMBERS OF RESERVE COMPONENTS AND 
RESUMPTION OF BENEFIT. 
(a) MODIFICATION OF TIME LIMIT FOR USE OF BENEFIT.— 
(1) MODIFICATION.—Section 16164(a) of title 10, United 
States Code, is amended by striking ‘‘this chapter while 
serving—’’ and all that follows and inserting ‘‘this chapter— 
‘‘(1) while the member is serving— 
‘‘(A) in the Selected Reserve of the Ready Reserve, 
in the case of a member called or ordered to active service 
while serving in the Selected Reserve; or 
‘‘(B) in the Ready Reserve, in the case of a member 
ordered to active duty while serving in the Ready Reserve 
(other than the Selected Reserve); and 
‘‘(2) in the case of a person who separates from the Selected 
Reserve of the Ready Reserve after completion of a period 
of active service described in section 16163 of this title and 
completion of a service contract under other than dishonorable 
conditions, during the 10-year period beginning on the date 
on which the person separates from the Selected Reserve.’’. 
(2) CONFORMING
AMENDMENT.—Paragraph (2) of section 
16165(a) of such title is amended to read as follows: 
‘‘(2) when the member separates from the Ready Reserve 
as provided in section 16164(a)(1) of this title, or upon comple-
tion of the period provided for in section 16164(a)(2) of this 
title, as applicable.’’. 
(b) RECLAIMING BENEFIT FOR MEMBERS REENTERING SERVICE.— 
Section 16165(b) of such title is amended by striking ‘‘of not more 
than 90 days’’ after ‘‘who incurs a break in service in the Selected 
Reserve’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect as of October 28, 2004, as if included in the 
enactment of the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108–375), to which such 
amendments relate. 
10 USC 16164 
note. 
Regulations. 
Effective date. 
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122 STAT. 111 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 531. SECRETARY OF DEFENSE EVALUATION OF THE ADEQUACY 
OF THE DEGREE-GRANTING AUTHORITIES OF CERTAIN 
MILITARY UNIVERSITIES AND EDUCATIONAL INSTITU-
TIONS. 
(a) EVALUATION REQUIRED.—The Secretary of Defense shall 
carry out an evaluation of the degree-granting authorities provided 
by title 10, United States Code, to the academic institutions speci-
fied in subsection (b). The evaluation shall assess whether the 
current process, under which each degree conferred by each institu-
tion must have a statutory authorization, remains adequate, appro-
priate, and responsive enough to meet emerging military service 
education requirements. 
(b) SPECIFIED INSTITUTIONS.—The academic institutions covered 
by subsection (a) are the following: 
(1) The National Defense University. 
(2) The Army War College and the United States Army 
Command and General Staff College. 
(3) The United States Naval War College. 
(4) The United States Naval Postgraduate School. 
(5) Air University and the United States Air Force Institute 
of Technology. 
(6) The Marine Corps University. 
(c) REPORT.—Not later than April 1, 2008, the Secretary shall 
submit to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Representatives 
a report on the evaluation. The report shall include the results 
of the evaluation and any recommendations for changes to policy 
or law that the Secretary considers appropriate. 
SEC. 532. REPORT ON SUCCESS OF ARMY NATIONAL GUARD AND 
RESERVE SENIOR RESERVE OFFICERS’ TRAINING CORPS 
FINANCIAL ASSISTANCE PROGRAM. 
(a) REPORT REQUIRED.—Not later than 150 days after the date 
of the enactment of this Act, the Secretary of the Army shall 
submit to the Committees on Armed Services of the Senate and 
the House of Representatives a report on the success of the financial 
assistance program of the Senior Reserve Officers’ Training Corps 
under section 2107a of title 10, United States Code, in securing 
the appointment of second lieutenants in the Army Reserve and 
Army National Guard. The report shall include detailed information 
on the appointment of cadets under the financial assistance program 
who are enrolled in an educational institution described in sub-
section (b) and address the efforts of the Secretary to increase 
awareness of the availability and advantages of appointment in 
the Senior Reserve Officers’ Training Corps at these institutions 
and to increase the number of cadets at these institutions. 
(b) COVERED
EDUCATIONAL
INSTITUTIONS.—The educational 
institutions referred to in subsection (a) are the following: 
(1) An historically Black college or university that is a 
part B institution, as defined in section 322(2) of the Higher 
Education Act of 1965 (20 U.S.C. 1061(2)). 
(2) A minority institution, as defined in section 365(3) 
of that Act (20 U.S.C. 1067k(3)). 
(3) An Hispanic-serving institution, as defined in section 
502(a)(5) of that Act (20 U.S.C. 1101a(a)(5)). 
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122 STAT. 112 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 533. REPORT ON UTILIZATION OF TUITION ASSISTANCE BY MEM-
BERS OF THE ARMED FORCES. 
(a) REPORTS REQUIRED.—Not later than April 1, 2008, the 
Secretary of each military department shall submit to the congres-
sional defense committees a report on the utilization of tuition 
assistance by members of the Armed Forces, whether in the regular 
components of the Armed Forces or the reserve components of 
the Armed Forces, under the jurisdiction of such military depart-
ment during fiscal year 2007. 
(b) ELEMENTS.—The report with respect to a military depart-
ment under subsection (a) shall include the following: 
(1) Information on the policies of such military department 
for fiscal year 2007 regarding utilization of, and limits on, 
tuition assistance by members of the Armed Forces under the 
jurisdiction of such military department, including an estimate 
of the number of members of the reserve components of the 
Armed Forces under the jurisdiction of such military depart-
ment whose requests for tuition assistance during that fiscal 
year were unfunded. 
(2) Information on the policies of such military department 
for fiscal year 2007 regarding funding of tuition assistance 
for each of the regular components of the Armed Forces and 
each of the reserve components of the Armed Forces under 
the jurisdiction of such military department. 
SEC. 534. NAVY JUNIOR RESERVE OFFICERS’ TRAINING CORPS UNIT 
FOR SOUTHOLD, MATTITUCK, AND GREENPORT HIGH 
SCHOOLS. 
For purposes of meeting the requirements of section 2031(b) 
of title 10, United States Code, the Secretary of the Navy may 
and, to the extent the schools request, shall treat any two or 
more of the following schools (all in Southold, Suffolk County, 
New York) as a single institution: 
(1) Southold High School. 
(2) Mattituck High School. 
(3) Greenport High School. 
SEC. 535. REPORT ON TRANSFER OF ADMINISTRATION OF CERTAIN 
EDUCATIONAL ASSISTANCE PROGRAMS FOR MEMBERS 
OF THE RESERVE COMPONENTS. 
(a) REPORT REQUIRED.—Not later than September 1, 2008, the 
Secretary of Defense, in cooperation with the Secretary of Veterans 
Affairs, shall submit to the congressional defense committees and 
the Committees on Veterans Affairs of the Senate and House of 
Representatives a report on the feasibility and merits of transferring 
the administration of the educational assistance programs for mem-
bers of the reserve components contained in chapters 1606 and 
1607 of title 10, United States Code, from the Department of 
Defense to the Department of Veterans Affairs. 
(b) ELEMENTS OF REPORT.—The report shall specifically address 
the following: 
(1) A discussion of the history and purpose of the edu-
cational assistance benefits under chapters 1606 and 1607 of 
title 10, United States Code, and the data most recently avail-
able, as of the date of the enactment of this Act, relating 
to the cost of providing such benefits and the projected costs 
New York. 
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122 STAT. 113 
PUBLIC LAW 110–181—JAN. 28, 2008 
of providing such benefits over the ten-year period beginning 
on the such date. 
(2) The effect of a transfer of administrative jurisdiction 
on the delivery of educational assistance benefits to members 
of the reserve components. 
(3) The effect of a transfer of administrative jurisdiction 
on Department of Defense efforts relating to recruiting, reten-
tion, and compensation, including bonuses, special pays, and 
incentive pays. 
(4) The extent to which educational assistance benefits 
influence the decision of a person to join a reserve component. 
(5) The extent to which the educational assistance benefits 
available under chapter 1606 of title 10, United States Code, 
affect retention rates, including statistics showing how many 
members remain in the reserve components in order to continue 
to receive education benefits under such chapter. 
(6) The extent to which the educational assistance benefits 
available under chapter 1607 of title 10, United States Code, 
affect retention rates, including statistics showing how many 
members remain in the reserve components in order to continue 
to receive education benefits under such chapter. 
(7) The practical and budgetary issues involved in a 
transfer of administrative jurisdiction, including a discussion 
of the cost of equating the educational assistance benefits for 
members of the active and reserve components. 
(8) Any recommendations of the Secretary for legislation 
to enhance or improve the delivery of educational assistance 
benefits for members of the reserve components. 
(9) The feasibility and likely effects of transferring the 
administration of the educational assistance programs for mem-
bers of the reserve components contained in chapters 1606 
and 1607 of title 10, United States Code, from the Department 
of Defense to the Department of Veterans Affairs through the 
recodification of such chapters in title 38, United States Code, 
as proposed in section 525 of H.R. 1585 of the 110th Congress, 
as passed by the House of Representatives, together with any 
recommendations of the Secretary for improving that section. 
(10) A discussion of the effects and impact of the amend-
ments to chapter 1607 of title 10, United States Code, made 
by section 530 of this Act, relating to the extension of the 
time limit for the use of educational assistance benefits under 
that chapter. 
(c) REVIEWS OF REPORT.—Before submission of the report to 
Congress, the Secretary of Defense shall secure the review of the 
report by the Defense Business Board, in cooperation with the 
Reserve Forces Policy Board. The Secretary of Veterans Affairs 
shall secure the review of the report by the Veterans Affairs 
Advisory Committee on Education. The results of such reviews 
shall be included as an appendix to the report. 
(d) COMPTROLLER GENERAL REVIEW.—Not later than November 
1, 2008, the Comptroller General shall submit to the congressional 
committees referred to in subsection (a) an assessment of the report, 
including a review of the costs inherent in the transfer of adminis-
trative jurisdiction and the recruiting and retention data and other 
assumptions used by the Secretary of Defense in preparing the 
report. As part of the assessment, the Comptroller General shall 
Deadline. 
Assessment. 
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122 STAT. 114 
PUBLIC LAW 110–181—JAN. 28, 2008 
solicit responses from the Secretary of Defense and the Secretary 
of Veterans Affairs. 
Subtitle D—Military Justice and Legal 
Assistance Matters 
SEC. 541. AUTHORITY TO DESIGNATE CIVILIAN EMPLOYEES OF THE 
FEDERAL 
GOVERNMENT 
AND 
DEPENDENTS 
OF 
DECEASED MEMBERS AS ELIGIBLE FOR LEGAL ASSIST-
ANCE FROM DEPARTMENT OF DEFENSE LEGAL STAFF 
RESOURCES. 
Section 1044(a) of title 10, United States Code, is amended 
by adding at the end the following new paragraphs: 
‘‘(6) Survivors of a deceased member or former member 
described in paragraphs (1), (2), (3), and (4) who were depend-
ents of the member or former member at the time of the 
death of the member or former member, except that the eligi-
bility of such survivors shall be determined pursuant to regula-
tions prescribed by the Secretary concerned. 
‘‘(7) Civilian employees of the Federal Government serving 
in locations where legal assistance from non-military legal 
assistance providers is not reasonably available, except that 
the eligibility of civilian employees shall be determined pursu-
ant to regulations prescribed by the Secretary concerned.’’. 
SEC. 542. AUTHORITY OF JUDGES OF THE UNITED STATES COURT 
OF APPEALS FOR THE ARMED FORCES TO ADMINISTER 
OATHS. 
Section 936 of title 10, United States Code (article 136 of 
the Uniform Code of Military Justice), is amended by adding at 
the end the following new subsection: 
‘‘(c) The judges of the United States Court of Appeals for 
the Armed Forces may administer the oaths authorized by sub-
sections (a) and (b).’’. 
SEC. 543. MODIFICATION OF AUTHORITIES ON SENIOR MEMBERS OF 
THE JUDGE ADVOCATE GENERALS’ CORPS. 
(a) DEPARTMENT OF THE ARMY.— 
(1) GRADE OF JUDGE ADVOCATE GENERAL.—Subsection (a) 
of section 3037 of title 10, United States Code, is amended 
by striking the third sentence and inserting the following new 
sentence: ‘‘The Judge Advocate General, while so serving, has 
the grade of lieutenant general.’’. 
(2) REDESIGNATION OF ASSISTANT JUDGE ADVOCATE GENERAL 
AS DEPUTY JUDGE ADVOCATE GENERAL.—Such section is further 
amended— 
(A) in subsection (a), by striking ‘‘Assistant Judge 
Advocate General’’ each place it appears and inserting 
‘‘Deputy Judge Advocate General’’; and 
(B) in subsection (d), by striking ‘‘Assistant Judge 
Advocate General’’ and inserting ‘‘Deputy Judge Advocate 
General’’. 
(3) CLERICAL AMENDMENTS.—(A) The heading of such sec-
tion is amended to read as follows: 
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122 STAT. 115 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘§ 3037. Judge Advocate General, Deputy Judge Advocate 
General, and general officers of Judge Advocate 
General’s Corps: appointment; duties’’. 
(B) The table of sections at the beginning of chapter 305 
of such title is amended by striking the item relating to section 
3037 and inserting the following new item: 
‘‘3037. Judge Advocate General, Deputy Judge Advocate General, and general offi-
cers of Judge Advocate General’s Corps: appointment; duties.’’. 
(b) GRADE OF JUDGE ADVOCATE GENERAL OF THE NAVY.—Sec-
tion 5148(b) of such title is amended by striking the last sentence 
and inserting the following new sentence: ‘‘The Judge Advocate 
General, while so serving, has the grade of vice admiral or lieuten-
ant general, as appropriate.’’. 
(c) GRADE OF JUDGE ADVOCATE GENERAL OF THE AIR FORCE.— 
Section 8037(a) of such title is amended by striking the last sentence 
and inserting the following new sentence: ‘‘The Judge Advocate 
General, while so serving, has the grade of lieutenant general.’’. 
(d) INCREASE
IN NUMBER
OF OFFICERS SERVING
IN GRADES 
ABOVE MAJOR GENERAL
AND REAR ADMIRAL.—Section 525(b) of 
such title is amended in paragraphs (1) and (2)(A) by striking 
‘‘15.7 percent’’ each place it appears and inserting ‘‘16.3 percent’’. 
(e) LEGAL COUNSEL TO CHAIRMAN OF THE JOINT CHIEFS OF 
STAFF.— 
(1) IN GENERAL.—Chapter 5 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 156. Legal Counsel to the Chairman of the Joint Chiefs 
of Staff 
‘‘(a) IN GENERAL.—There is a Legal Counsel to the Chairman 
of the Joint Chiefs of Staff. 
‘‘(b) SELECTION
FOR APPOINTMENT.—Under regulations pre-
scribed by the Secretary of Defense, the officer selected for appoint-
ment to serve as Legal Counsel to the Chairman of the Joint 
Chiefs of Staff shall be recommended by a board of officers convened 
by the Secretary of Defense that, insofar as practicable, is subject 
to the procedures applicable to selection boards convened under 
chapter 36 of this title. 
‘‘(c) GRADE.—An officer appointed to serve as Legal Counsel 
to the Chairman of the Joint Chiefs of Staff shall, while so serving, 
hold the grade of brigadier general or rear admiral (lower half). 
‘‘(d) DUTIES.—The Legal Counsel of the Chairman of the Joint 
Chiefs of Staff shall perform such legal duties in support of the 
responsibilities of the Chairman of the Joint Chiefs of Staff as 
the Chairman may prescribe.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 5 of such title is amended by adding 
at the end the following new item: 
‘‘156. Legal Counsel to the Chairman of the Joint Chiefs of Staff’’. 
(f) STRATEGIC PLAN TO LINK GENERAL AND FLAG OFFICER NUM-
BERS, ASSIGNMENTS, AND DEVELOPMENT
TO
THE MISSIONS
AND 
REQUIREMENTS OF THE DEPARTMENT OF DEFENSE.— 
(1) STRATEGIC PLAN REQUIRED.—The Secretary of Defense 
shall develop a strategic plan linking the missions and require-
ments of the Department of Defense for general and flag officers 
to the statutory limits on the numbers of general and flag 
Regulations. 
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122 STAT. 116 
PUBLIC LAW 110–181—JAN. 28, 2008 
officers, and current assignment, promotion, and joint officer 
development policies for general and flag officers. 
(2) ADVICE
OF
CHAIRMAN
OF
JOINT
CHIEFS
OF
STAFF.— 
The Secretary shall develop the strategic plan required under 
paragraph (1) with the advice of the Chairman of the Joint 
Chiefs of Staff. 
(3) MATTERS TO BE INCLUDED.—The strategic plan required 
under paragraph (1) shall include the following: 
(A) A description of the process for identification of 
the present and emerging requirements for general and 
flag officers and recommendations for meeting these 
requirements. 
(B) Identification of the numbers of general and flag 
officers by service, grade, and qualifications currently avail-
able compared with the numbers needed to meet existing 
statutory requirements in support of the overall missions 
of the Department of Defense. 
(C) An assessment of the problems or issues (and pro-
posed solutions for any such problems or issues) arising 
from existing numerical limitations on the number and 
grade distribution of active and reserve component general 
and flag officers under sections 525, 526, and 12004 of 
title 10, United States Code. 
(D) A discussion of how wartime requirements for addi-
tional general or flag officers have been addressed in sup-
port of Operation Enduring Freedom and Operation Iraqi 
Freedom, including the usage of wartime or national emer-
gency authorities. 
(E) An assessment of any problems or issues (and 
proposed solutions for any such problems or issues) arising 
from existing statutory provisions regarding general and 
flag officer assignments and grade requirements and the 
need, if any, for revision of provisions in title 10, United 
States Code, specific to individual general and flag officer 
positions along with recommendations to mitigate the need 
for routine legislative intervention as positions change to 
support organizational demands. 
(F) An assessment of the use currently being made 
of reserve component flag and general officers and discus-
sion of barriers to the qualification, selection, and assign-
ment of National Guard and Reserve officers for the 
broadest possible range of positions of importance and 
responsibility. 
(4) DEADLINE FOR SUBMISSION.—The Secretary shall submit 
the plan required under paragraph (1) to the Committees on 
Armed Services of the Senate and the House of Representatives 
not later than March 1, 2009. 
SEC. 544. PROHIBITION AGAINST MEMBERS OF THE ARMED FORCES 
PARTICIPATING IN CRIMINAL STREET GANGS. 
The Secretary of Defense shall prescribe regulations to prohibit 
the active participation by members of the Armed Forces in a 
criminal street gang. 
Regulations. 
10 USC note 
prec. 651. 
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122 STAT. 117 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle E—Military Leave 
SEC. 551. TEMPORARY ENHANCEMENT OF CARRYOVER OF ACCUMU-
LATED LEAVE FOR MEMBERS OF THE ARMED FORCES. 
(a) TEMPORARY INCREASE IN ACCUMULATED LEAVE CARRYOVER 
AMOUNT.—Section 701 of title 10, United States Code, is amended— 
(1) in subsection (b), by striking ‘‘subsection (f) and sub-
section (g)’’ and inserting ‘‘subsections (d), (f), and (g)’’; and 
(2) by inserting after subsection (c) the following new sub-
section: 
‘‘(d) Notwithstanding subsection (b), during the period begin-
ning on October 1, 2008, through December 31, 2010, a member 
may accumulate up to 75 days of leave.’’. 
(b) CONFORMING AMENDMENTS RELATED TO HIGH DEPLOYMENT 
MEMBERS.—Subsection (f) of such section is amended— 
(1) in paragraph (1)(A), by striking ‘‘any accumulated leave 
in excess of 60 days at the end of the fiscal year’’ and inserting 
‘‘at the end of the fiscal year any accumulated leave in excess 
of the number of days of leave authorized to be accumulated 
under subsection (b) or (d)’’; 
(2) in paragraph (1)(C)— 
(A) by striking ‘‘60 days’’ and inserting ‘‘the days of 
leave authorized to be accumulated under subsection (b) 
or (d) that are’’; and 
(B) by inserting ‘‘(or fourth fiscal year, if accumulated 
while subsection (d) is in effect)’’ after ‘‘third fiscal year’’; 
and 
(3) in paragraph (2), by striking ‘‘except for this para-
graph—’’ and all that follows through the end of the paragraph 
and inserting ‘‘except for this paragraph, would lose at the 
end of that fiscal year any accumulated leave in excess of 
the number of days of leave authorized to be accumulated 
under subsection (b) or (d), shall be permitted to retain such 
leave until the end of the second fiscal year after the fiscal 
year in which such service on active duty is terminated.’’. 
(c) CONFORMING AMENDMENT RELATED TO MEMBERS IN MISSING 
STATUS.—Subsection (g) of such section is amended by striking 
‘‘60-day limitation in subsection (b) and the 90-day limitation in 
subsection (f)’’ and inserting ‘‘limitations in subsections (b), (d), 
and (f)’’. 
(d) PAY.—Section 501(b) of title 37, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(6) An enlisted member of the armed forces who would lose 
accumulated leave in excess of 120 days of leave under section 
701(f)(1) of title 10 may elect to be paid in cash or by a check 
on the Treasurer of the United States for any leave in excess 
so accumulated for up to 30 days of such leave. A member may 
make an election under this paragraph only once.’’. 
SEC. 552. ENHANCEMENT OF REST AND RECUPERATION LEAVE. 
Section 705(b)(2) of title 10, United States Code, is amended 
by inserting ‘‘for members whose qualifying tour of duty is 12 
months or less, or for not more than 20 days for members whose 
qualifying tour of duty is longer than 12 months,’’ after ‘‘for not 
more than 15 days’’. 
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122 STAT. 118 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle F—Decorations and Awards 
SEC. 561. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF 
HONOR TO LESLIE H. SABO, JR., FOR ACTS OF VALOR 
DURING THE VIETNAM WAR. 
(a) AUTHORIZATION.—Notwithstanding the time limitations 
specified in section 3744 of title 10, United States Code, or any 
other time limitation with respect to the awarding of certain medals 
to persons who served in the Armed Forces, the President is author-
ized and requested to award the Medal of Honor under section 
3741 of such title to Leslie H. Sabo, Jr., for the acts of valor 
during the Vietnam War described in subsection (b). 
(b) ACTS
OF VALOR DESCRIBED.—The acts of valor referred 
to in subsection (a) are the actions of Leslie H. Sabo, Jr., on 
May 10, 1970, as a member of the United States Army serving 
in the grade of Specialist Four in the Republic of Vietnam with 
Company B of the 3d Battalion, 506th Infantry Regiment, 101st 
Airborne Division. 
SEC. 562. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF 
HONOR TO HENRY SVEHLA FOR ACTS OF VALOR DURING 
THE KOREAN WAR. 
(a) AUTHORIZATION.—Notwithstanding the time limitations 
specified in section 3744 of title 10, United States Code, or any 
other time limitation with respect to the awarding of certain medals 
to persons who served in the Armed Forces, the President is author-
ized and requested to award the Medal of Honor under section 
3741 of such title to Henry Svehla for the acts of valor described 
in subsection (b). 
(b) ACTS
OF VALOR DESCRIBED.—The acts of valor referred 
to in subsection (a) are the actions of Henry Svehla on June 12, 
1952, as a member of the United States Army serving in the 
grade of Private First Class in Korea with Company F of the 
32d Infantry Regiment, 7th Infantry Division. 
SEC. 563. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF 
HONOR TO WOODROW W. KEEBLE FOR ACTS OF VALOR 
DURING THE KOREAN WAR. 
(a) WAIVER OF TIME LIMITATIONS.—Notwithstanding the time 
limitations specified in section 3744 of title 10, United States Code, 
or any other time limitation with respect to the awarding of certain 
medals to persons who served in the Armed Forces, the President 
is authorized and requested to award the Medal of Honor under 
section 3741 of such title to Woodrow W. Keeble for the acts of 
valor described in subsection (b). 
(b) ACTS
OF VALOR DESCRIBED.—The acts of valor referred 
to in subsection (a) are the actions of Woodrow W. Keeble of the 
United States Army as an acting platoon leader on October 20, 
1950, during the Korean War. 
SEC. 564. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF 
HONOR TO PRIVATE PHILIP G. SHADRACH FOR ACTS OF 
VALOR AS ONE OF ANDREWS’ RAIDERS DURING THE 
CIVIL WAR. 
(a) AUTHORIZATION.—Notwithstanding the time limitations 
specified in section 3744 of title 10, United States Code, or any 
other time limitation with respect to the awarding of certain medals 
President. 
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122 STAT. 119 
PUBLIC LAW 110–181—JAN. 28, 2008 
to persons who served in the Armed Forces, the President is author-
ized and requested to award the Medal of Honor under section 
3741 of such title posthumously to Private Philip G. Shadrach 
of Company K, 2nd Ohio Volunteer Infantry Regiment for the 
acts of valor described in subsection (b). 
(b) ACTS
OF VALOR DESCRIBED.—The acts of valor referred 
to in subsection (a) are the actions of Philip G. Shadrach as one 
of Andrews’ Raiders during the Civil War on April 12, 1862. 
SEC. 565. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF 
HONOR TO PRIVATE GEORGE D. WILSON FOR ACTS OF 
VALOR AS ONE OF ANDREWS’ RAIDERS DURING THE 
CIVIL WAR. 
(a) AUTHORIZATION.—The President is authorized and requested 
to award the Medal of Honor under section 3741 of title 10, United 
States Code, posthumously to Private George D. Wilson of Company 
B, 2nd Ohio Volunteer Infantry Regiment for the acts of valor 
described in subsection (b). 
(b) ACTS
OF VALOR DESCRIBED.—The acts of valor referred 
to in subsection (a) are the actions of George D. Wilson as one 
of Andrews’ Raiders during the Civil War on April 12, 1862. 
Subtitle G—Impact Aid and Defense 
Dependents Education System 
SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDU-
CATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF 
MEMBERS OF THE ARMED FORCES AND DEPARTMENT 
OF DEFENSE CIVILIAN EMPLOYEES. 
(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF 
MILITARY DEPENDENT STUDENTS.—Of the amount authorized to 
be appropriated pursuant to section 301(5) for operation and mainte-
nance for Defense-wide activities, $30,000,000 shall be available 
only for the purpose of providing assistance to local educational 
agencies under subsection (a) of section 572 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 
Stat. 3271; 20 U.S.C. 7703b). 
(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT CHANGES DUE 
TO
BASE
CLOSURES, FORCE
STRUCTURE
CHANGES, OR
FORCE 
RELOCATIONS.—Of the amount authorized to be appropriated pursu-
ant to section 301(5) for operation and maintenance for Defense- 
wide activities, $10,000,000 shall be available only for the purpose 
of providing assistance to local educational agencies under sub-
section (b) of such section 572. 
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section, 
the term ‘‘local educational agency’’ has the meaning given that 
term in section 8013(9) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7713(9)). 
SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES. 
Of the amount authorized to be appropriated pursuant to sec-
tion 301(5) for operation and maintenance for Defense-wide activi-
ties, $5,000,000 shall be available for payments under section 363 
of the Floyd D. Spence National Defense Authorization Act for 
Fiscal Year 2001 (as enacted into law by Public Law 106–398; 
114 Stat. 1654A–77; 20 U.S.C. 7703a). 
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122 STAT. 120 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 573. INCLUSION OF DEPENDENTS OF NON-DEPARTMENT OF 
DEFENSE EMPLOYEES EMPLOYED ON FEDERAL PROP-
ERTY 
IN 
PLAN 
RELATING 
TO 
FORCE 
STRUCTURE 
CHANGES, RELOCATION OF MILITARY UNITS, OR BASE 
CLOSURES AND REALIGNMENTS. 
Section 574(e)(3) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 
Stat. 2227; 20 U.S.C. 7703b note) is amended— 
(1) in subparagraph (A), by striking ‘‘and’’ at the end; 
(2) in subparagraph (B), by striking the period at the 
end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new subparagraph: 
‘‘(C) elementary and secondary school students who 
are dependents of personnel who are not members of the 
Armed Forces or civilian employees of the Department 
of Defense but who are employed on Federal property.’’. 
SEC. 574. PAYMENT OF PRIVATE BOARDING SCHOOL TUITION FOR 
MILITARY 
DEPENDENTS 
IN 
OVERSEAS 
AREAS 
NOT 
SERVED BY DEFENSE DEPENDENTS’ EDUCATION SYSTEM 
SCHOOLS. 
Section 1407(b)(1) of the Defense Dependents’ Education Act 
of 1978 (20 U.S.C. 926(b)(1)) is amended by inserting after the 
first sentence the following new sentence: ‘‘Schools to which tuition 
may be paid under this subsection may include private boarding 
schools in the United States.’’. 
Subtitle H—Military Families 
SEC. 581. DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS 
COUNCIL AND POLICY AND PLANS FOR MILITARY FAMILY 
READINESS. 
(a) IN GENERAL.—Subchapter I of chapter 88 of title 10, United 
States Code, is amended by inserting after section 1781 the fol-
lowing new sections: 
‘‘§ 1781a. Department of Defense Military Family Readiness 
Council 
‘‘(a) IN GENERAL.—There is in the Department of Defense the 
Department of Defense Military Family Readiness Council (in this 
section referred to as the ‘Council’). 
‘‘(b) MEMBERS.—(1) The Council shall consist of the following 
members: 
‘‘(A) The Under Secretary of Defense for Personnel and 
Readiness, who shall serve as chair of the Council. 
‘‘(B) One representative of each of the Army, Navy, Marine 
Corps, and Air Force, who shall be appointed by the Secretary 
of Defense. 
‘‘(C) Three individuals appointed by the Secretary of 
Defense from among representatives of military family 
organizations, including military family organizations of fami-
lies of members of the regular components and of families 
of members of the reserve components. 
‘‘(D) In addition to the representatives appointed under 
subparagraph (B), the senior enlisted advisors of the Army, 
Navy, Marine Corps, and Air Force, or the spouse of a senior 
Establishment. 
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122 STAT. 121 
PUBLIC LAW 110–181—JAN. 28, 2008 
enlisted member from each of the Army, Navy, Marine Corps, 
and Air Force. 
‘‘(2) The term on the Council of the members appointed under 
paragraph (1)(C) shall be three years. 
‘‘(c) MEETINGS.—The Council shall meet not less often than 
twice each year. 
‘‘(d) DUTIES.—The duties of the Council shall include the fol-
lowing: 
‘‘(1) To review and make recommendations to the Secretary 
of Defense regarding the policy and plans required under sec-
tion 1781b of this title. 
‘‘(2) To monitor requirements for the support of military 
family readiness by the Department of Defense. 
‘‘(3) To evaluate and assess the effectiveness of the military 
family readiness programs and activities of the Department 
of Defense. 
‘‘(e) ANNUAL REPORTS.—(1) Not later than February 1 each 
year, the Council shall submit to the Secretary of Defense and 
the congressional defense committees a report on military family 
readiness. 
‘‘(2) Each report under this subsection shall include the fol-
lowing: 
‘‘(A) An assessment of the adequacy and effectiveness of 
the military family readiness programs and activities of the 
Department of Defense during the preceding fiscal year in 
meeting the needs and requirements of military families. 
‘‘(B) Recommendations on actions to be taken to improve 
the capability of the military family readiness programs and 
activities of the Department of Defense to meet the needs 
and requirements of military families, including actions relating 
to the allocation of funding and other resources to and among 
such programs and activities. 
‘‘§ 1781b. Department of Defense policy and plans for military 
family readiness 
‘‘(a) POLICY AND PLANS REQUIRED.—The Secretary of Defense 
shall develop a policy and plans for the Department of Defense 
for the support of military family readiness. 
‘‘(b) PURPOSES.—The purposes of the policy and plans required 
under subsection (a) are as follows: 
‘‘(1) To ensure that the military family readiness programs 
and activities of the Department of Defense are comprehensive, 
effective, and properly supported. 
‘‘(2) To ensure that support is continuously available to 
military families in peacetime and in war, as well as during 
periods of force structure change and relocation of military 
units. 
‘‘(3) To ensure that the military family readiness programs 
and activities of the Department of Defense are available to 
all military families, including military families of members 
of the regular components and military families of members 
of the reserve components. 
‘‘(4) To make military family readiness an explicit element 
of applicable Department of Defense plans, programs, and budg-
eting activities, and that achievement of military family readi-
ness is expressed through Department-wide goals that are 
identifiable and measurable. 
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122 STAT. 122 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(5) To ensure that the military family readiness programs 
and activities of the Department of Defense undergo continuous 
evaluation in order to ensure that resources are allocated and 
expended for such programs and activities to achieve Depart-
ment-wide family readiness goals. 
‘‘(c) ELEMENTS
OF POLICY.—The policy required under sub-
section (a) shall include the following elements: 
‘‘(1) A list of military family readiness programs and activi-
ties. 
‘‘(2) Department of Defense-wide goals for military family 
support, including joint programs, both for military families 
of members of the regular components and military families 
of members of the reserve components. 
‘‘(3) Policies on access to military family support programs 
and activities based on military family populations served and 
geographical location. 
‘‘(4) Metrics to measure the performance and effectiveness 
of the military family readiness programs and activities of 
the Department of Defense. 
‘‘(5) A summary, by fiscal year, of the allocation of funds 
(including appropriated funds and nonappropriated funds) for 
major categories of military family readiness programs and 
activities of the Department of Defense, set forth for each 
of the military departments and for the Office of the Secretary 
of Defense. 
‘‘(d) ANNUAL REPORT.—Not later than March 1, 2008, and each 
year thereafter, the Secretary of Defense shall submit to the 
congressional defense committees a report on the plans required 
under subsection (a) for the five-fiscal year period beginning with 
the fiscal year in which the report is submitted. Each report shall 
include the plans covered by the report and an assessment of 
the discharge by the Department of Defense of the previous plans 
submitted under this section.’’. 
(b) REPORT ON MILITARY FAMILY READINESS POLICY.—Not later 
than February 1, 2009, the Secretary of Defense shall submit to 
the congressional defense committees a report setting forth the 
policy developed under section 1781b of title 10, United States 
Code, as added by subsection (a). 
(c) SURVEYS OF MILITARY FAMILIES.—Section 1782 of title 10, 
United States Code, is amended by adding at the end the following 
new subsection: 
‘‘(d) SURVEY
REQUIRED
FOR
FISCAL
YEAR
2010.—Notwith-
standing subsection (a), during fiscal year 2010, the Secretary of 
Defense shall conduct a survey otherwise authorized under such 
subsection. Thereafter, additional surveys may be conducted not 
less often than once every three fiscal years.’’. 
(d) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of subchapter I of chapter 88 of such title is amended by 
inserting after the item relating to section 1781 the following new 
items: 
‘‘1781a. Department of Defense Military Family Readiness Council. 
‘‘1781b. Department of Defense policy and plans for military family readiness.’’. 
SEC. 582. YELLOW RIBBON REINTEGRATION PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary of Defense 
shall establish a national combat veteran reintegration program 
to provide National Guard and Reserve members and their families 
10 USC 10101 
note. 
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122 STAT. 123 
PUBLIC LAW 110–181—JAN. 28, 2008 
with sufficient information, services, referral, and proactive out-
reach opportunities throughout the entire deployment cycle. This 
program shall be known as the Yellow Ribbon Reintegration Pro-
gram. 
(b) PURPOSE OF PROGRAM; DEPLOYMENT CYCLE.—The Yellow 
Ribbon Reintegration Program shall consist of informational events 
and activities for members of the reserve components of the Armed 
Forces, their families, and community members to facilitate access 
to services supporting their health and well-being through the 4 
phases of the deployment cycle: 
(1) Pre-Deployment. 
(2) Deployment. 
(3) Demobilization. 
(4) Post-Deployment-Reconstitution. 
(c) EXECUTIVE AGENT.—The Secretary shall designate the 
Under Secretary of Defense for Personnel and Readiness as the 
Department of Defense executive agent for the Yellow Ribbon Re-
integration Program. 
(d) OFFICE FOR REINTEGRATION PROGRAMS.— 
(1) ESTABLISHMENT.—The Under Secretary of Defense for 
Personnel and Readiness shall establish the Office for Re-
integration Programs within the Office of the Secretary of 
Defense. The office shall administer all reintegration programs 
in coordination with State National Guard organizations. The 
office shall be responsible for coordination with existing 
National Guard and Reserve family and support programs. 
The Directors of the Army National Guard and Air National 
Guard and the Chiefs of the Army Reserve, Marine Corps 
Reserve, Navy Reserve, and Air Force Reserve may appoint 
liaison officers to coordinate with the permanent office staff. 
The office may also enter into partnerships with other public 
entities, including the Department of Health and Human Serv-
ices, Substance Abuse and the Mental Health Services Adminis-
tration, for access to necessary substance abuse and mental 
health treatment services from local State-licensed service pro-
viders. 
(2) CENTER
FOR
EXCELLENCE
IN
REINTEGRATION.—The 
Office for Reintegration Programs shall establish a Center for 
Excellence in Reintegration within the office. The Center shall 
collect and analyze ‘‘lessons learned’’ and suggestions from State 
National Guard and Reserve organizations with existing or 
developing reintegration programs. The Center shall also assist 
in developing training aids and briefing materials and training 
representatives from State National Guard and Reserve 
organizations. 
(e) ADVISORY BOARD.— 
(1) APPOINTMENT.—The Secretary of Defense shall appoint 
an advisory board to analyze the Yellow Ribbon Reintegration 
Program and report on areas of success and areas for necessary 
improvements. The advisory board shall include the Director 
of the Army National Guard, the Director of the Air National 
Guard, Chiefs of the Army Reserve, Marine Corps Reserve, 
Navy Reserve, and Air Force Reserve, the Assistant Secretary 
of Defense for Reserve Affairs, an Adjutant General on a rota-
tional basis as determined by the Chief of the National Guard 
Bureau, and any other Department of Defense, Federal Govern-
ment agency, or outside organization as determined by the 
Establishment. 
Establishment. 
Designation. 
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122 STAT. 124 
PUBLIC LAW 110–181—JAN. 28, 2008 
Secretary of Defense. The members of the advisory board may 
designate representatives in their stead. 
(2) SCHEDULE.—The advisory board shall meet on a 
schedule determined by the Secretary of Defense. 
(3) INITIAL REPORTING REQUIREMENT.—The advisory board 
shall issue internal reports as necessary and shall submit an 
initial report to the Committees on Armed Services of the 
Senate and House of Representatives not later than 180 days 
after the end of the 1-year period beginning on the date of 
the establishment of the Office for Reintegration Programs. 
The report shall contain— 
(A) an evaluation of the implementation of the Yellow 
Ribbon Reintegration Program by State National Guard 
and Reserve organizations; 
(B) an assessment of any unmet resource requirements; 
and 
(C) recommendations regarding closer coordination 
between the Office of Reintegration Programs and State 
National Guard and Reserve organizations. 
(4) ANNUAL
REPORTS.—The advisory board shall submit 
annual reports to the Committees on Armed Services of the 
Senate and the House of Representatives following the initial 
report by the first week in March of subsequent years following 
the initial report. 
(f) STATE DEPLOYMENT CYCLE SUPPORT TEAMS.—The Office 
for Reintegration Programs may employ personnel to administer 
the Yellow Ribbon Reintegration Program at the State level. The 
primary function of team members shall be— 
(1) to implement the reintegration curriculum through the 
deployment cycle described in subsection (g); 
(2) to obtain necessary service providers; and 
(3) to educate service providers regarding the unique mili-
tary nature of the reintegration program. 
(g) OPERATION OF PROGRAM THROUGH DEPLOYMENT CYCLE.— 
(1) IN GENERAL.—The Office for Reintegration Programs 
shall analyze the demographics, placement of State Family 
Assistance Centers and their resources before a mobilization 
alert is issued to affected State National Guard and Reserve 
organizations. The Office of Reintegration Programs shall con-
sult with affected State National Guard and Reserve organiza-
tions following the issuance of a mobilization alert and imple-
ment the reintegration events in accordance with the Reintegra-
tion Program phase model. 
(2) PRE-DEPLOYMENT PHASE.—The Pre-Deployment Phase 
shall constitute the time from first notification of mobilization 
until deployment of the mobilized National Guard or Reserve 
unit. Events and activities shall focus on providing education 
and ensuring the readiness of members of the unit, their fami-
lies, and affected communities for the rigors of a combat deploy-
ment. 
(3) DEPLOYMENT PHASE.—The Deployment Phase shall con-
stitute the period from deployment of the mobilized National 
Guard or Reserve unit until the unit arrives at a demobilization 
station inside the continental United States. Events and serv-
ices provided shall focus on the challenges and stress associated 
with separation and having a member in a combat zone. 
Information sessions shall utilize State National Guard and 
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122 STAT. 125 
PUBLIC LAW 110–181—JAN. 28, 2008 
Reserve resources in coordination with the Employer Support 
of Guard and Reserve Office, Transition Assistance Advisors, 
and the State Family Programs Director. 
(4) DEMOBILIZATION PHASE.— 
(A) IN GENERAL.—The Demobilization Phase shall con-
stitute the period from arrival of the National Guard or 
Reserve unit at the demobilization station until its depar-
ture for home station. 
(B) INITIAL REINTEGRATION ACTIVITY.—The purpose of 
this reintegration program is to educate members about 
the resources that are available to them and to connect 
members to service providers who can assist them in over-
coming the challenges of reintegration. 
(5) POST-DEPLOYMENT-RECONSTITUTION PHASE.— 
(A) IN GENERAL.—The Post-Deployment-Reconstitution 
Phase shall constitute the period from arrival at home 
station until 180 days following demobilization. Activities 
and services provided shall focus on reconnecting members 
with their families and communities and providing 
resources and information necessary for successful re-
integration. Reintegration events shall begin with elements 
of the Initial Reintegration Activity program that were 
not completed during the Demobilization Phase. 
(B) 30-DAY, 60-DAY, AND 90-DAY REINTEGRATION ACTIVI-
TIES.—The State National Guard and Reserve organiza-
tions shall hold reintegration activities at the 30-day, 60- 
day, and 90-day interval following demobilization. These 
activities shall focus on reconnecting members and their 
families with the service providers from the Initial Re-
integration Activity to ensure that members and their fami-
lies understand what benefits they are entitled to and 
what resources are available to help them overcome the 
challenges of reintegration. The Reintegration Activities 
shall also provide a forum for members and their families 
to address negative behaviors related to combat stress and 
transition. 
(C) MEMBER PAY.—Members shall receive appropriate 
pay for days spent attending the Reintegration Activities 
at the 30-day, 60-day, and 90-day intervals. 
(h) OUTREACH SERVICES.—As part of the Yellow Ribbon Re-
integration Program, the Office for Reintegration Programs may 
develop programs of outreach to members of the Armed Forces 
and their family members to educate such members and their 
family members about the assistance and services available to 
them under the Yellow Ribbon Reintegration Program. Such assist-
ance and services may include the following: 
(1) Marriage counseling. 
(2) Services for children. 
(3) Suicide prevention. 
(4) Substance abuse awareness and treatment. 
(5) Mental health awareness and treatment. 
(6) Financial counseling. 
(7) Anger management counseling. 
(8) Domestic violence awareness and prevention. 
(9) Employment assistance. 
(10) Preparing and updating family care plans. 
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122 STAT. 126 
PUBLIC LAW 110–181—JAN. 28, 2008 
(11) Development of strategies for living with a member 
of the Armed Forces with post-traumatic stress disorder or 
traumatic brain injury. 
(12) Other services that may be appropriate to address 
the unique needs of members of the Armed Forces and their 
families who live in rural or remote areas with respect to 
family readiness and servicemember reintegration. 
(13) Assisting members of the Armed Forces and their 
families find and receive assistance with military family readi-
ness and servicemember reintegration, including referral serv-
ices. 
(14) Development of strategies and programs that recognize 
the need for long-term follow-up services for reintegrating mem-
bers of the Armed Forces and their families for extended periods 
following deployments, including between deployments. 
(15) Assisting members of the Armed Forces and their 
families in receiving services and assistance from the Depart-
ment of Veterans Affairs, including referral services. 
SEC. 583. STUDY TO ENHANCE AND IMPROVE SUPPORT SERVICES AND 
PROGRAMS FOR FAMILIES OF MEMBERS OF REGULAR 
AND RESERVE COMPONENTS UNDERGOING DEPLOY-
MENT. 
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 
a study to determine the most effective means to enhance and 
improve family support programs for families of deployed members 
of the regular and reserve components of the Armed Forces before, 
during, and after deployment. The study shall also take into account 
the potential to utilize non-governmental and local private sector 
entities and other Federal agencies having expertise in health and 
well-being of families, including family members who are children, 
infants, or toddlers. 
(b) ELEMENTS.—The study shall include at a minimum the 
following: 
(1) The assessment of the types of information on health 
care and mental health benefits and services and other commu-
nity resources that should be made available to members of 
the regular and reserve components and their families, 
including— 
(A) crisis services; 
(B) marriage and family counseling; and 
(C) financial counseling. 
(2) An assessment of means to improve support to the 
parents and caretakers of military dependent children in order 
to mitigate any adverse effects of the deployment of members 
on such children, including consideration of the following: 
(A) The need to develop materials for parents and 
other caretakers of children to assist in responding to the 
effects of such deployment on children, including extended 
and multiple deployments and reunion (and the death or 
injury of members during such deployment), and the role 
that parents and caretakers can play in addressing or 
mitigating such effects. 
(B) The potential best practices that are identified 
which build psychological and emotional resiliency in chil-
dren in coping with deployment. 
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122 STAT. 127 
PUBLIC LAW 110–181—JAN. 28, 2008 
(C) The potential to improve dissemination throughout 
the Armed Forces of the most effective practices for out-
reach, training, and building psychological and emotional 
resiliency in children. 
(D) The effectiveness of training materials for edu-
cation, mental health, health, and family support profes-
sionals who provide services to parents and caretakers 
of military dependent children. 
(E) The requirement to develop programs and activities 
to increase awareness throughout the military and civilian 
communities of the effects of deployment of a military 
spouse or guardians for such children and their families 
and to increase collaboration within such communities to 
address and mitigate such effects. 
(F) The development of training for early child care 
and education, mental health, health care, and family sup-
port professionals to enhance the awareness of such profes-
sionals of their role in assisting families in addressing 
and mitigating the adverse implications of such deploy-
ment. 
(G) The conduct of research on best practices for 
building psychological and emotional resiliency in such chil-
dren in coping with the deployment of such members. 
(3) An assessment of the effectiveness of family-to-family 
support programs— 
(A) in providing peer support for families of deployed 
members of the regular and reserve components; 
(B) in identifying and preventing family problems in 
such families; 
(C) in reducing adverse outcomes for children of such 
families, including poor academic performance, behavioral 
problems, stress, and anxiety; 
(D) in improving family readiness and post-deployment 
transition for such families; and 
(E) in utilizing spouses of members of the Armed Forces 
as counselors for families of deployed members, in order 
to assist such families in coping before, during, and after 
the deployment, and the best practices for training spouses 
of members of the Armed Forces to act as counselors for 
families of deployed members. 
(4) An assessment of the effectiveness of transition assist-
ance programs and policies for families of members during 
post-deployment transition from a combat zone back to civilian 
or military communities— 
(A) in identifying signs and symptoms of mental health 
conditions for both service members and their families; 
and 
(B) in receiving information and resources available 
within the local communities to ease transition. 
(5) An assessment of the impact of multiple overseas 
deployments of members on their families, particularly in the 
case of members serving in Operation Iraqi Freedom and Oper-
ation Enduring Freedom, including financial impacts and emo-
tional impacts. 
(6) An assessment of the most effective timing of providing 
information and support to the families of deployed members 
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122 STAT. 128 
PUBLIC LAW 110–181—JAN. 28, 2008 
before, during, and after deployment, including at least six 
months after the date of return of deployed members. 
(7) An assessment of the need for additional long-term 
research on the effects of multiple wartime deployments on 
families, including children, and critical areas of focus that 
should be addressed by such research. 
(c) REPORT ON RESULTS OF STUDY.—Not later than 180 days 
after the date of enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report con-
taining the results of the study conducted under subsection (a). 
SEC. 584. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR PAR-
ENTS WHO ARE MEMBERS OF THE ARMED FORCES 
DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION. 
(a) PROTECTION OF SERVICEMEMBERS AGAINST DEFAULT JUDG-
MENTS.—Section 201(a) of the Servicemembers Civil Relief Act (50 
U.S.C. App. 521(a)) is amended by inserting ‘‘, including any child 
custody proceeding,’’ after ‘‘proceeding’’. 
(b) STAY
OF
PROCEEDINGS
WHEN
SERVICEMEMBER
HAS 
NOTICE.—Section 202(a) of the Servicemembers Civil Relief Act 
(50 U.S.C. App. 522(a)) is amended by inserting ‘‘, including any 
child custody proceeding,’’ after ‘‘civil action or proceeding’’. 
SEC. 585. FAMILY LEAVE IN CONNECTION WITH INJURED MEMBERS 
OF THE ARMED FORCES. 
(a) SERVICEMEMBER FAMILY LEAVE.— 
(1) DEFINITIONS.—Section 101 of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2611) is amended by adding 
at the end the following new paragraphs: 
‘‘(14) ACTIVE DUTY.—The term ‘active duty’ means duty 
under a call or order to active duty under a provision of law 
referred to in section 101(a)(13)(B) of title 10, United States 
Code. 
‘‘(15) CONTINGENCY
OPERATION.—The term ‘contingency 
operation’ has the same meaning given such term in section 
101(a)(13) of title 10, United States Code. 
‘‘(16) 
COVERED
SERVICEMEMBER.—The 
term 
‘covered 
servicemember’ means a member of the Armed Forces, 
including a member of the National Guard or Reserves, who 
is undergoing medical treatment, recuperation, or therapy, is 
otherwise in outpatient status, or is otherwise on the temporary 
disability retired list, for a serious injury or illness. 
‘‘(17) OUTPATIENT STATUS.—The term ‘outpatient status’, 
with respect to a covered servicemember, means the status 
of a member of the Armed Forces assigned to— 
‘‘(A) a military medical treatment facility as an out-
patient; or 
‘‘(B) a unit established for the purpose of providing 
command and control of members of the Armed Forces 
receiving medical care as outpatients. 
‘‘(18) NEXT
OF
KIN.—The term ‘next of kin’, used with 
respect to an individual, means the nearest blood relative of 
that individual. 
‘‘(19) SERIOUS INJURY OR ILLNESS.—The term ‘serious injury 
or illness’, in the case of a member of the Armed Forces, 
including a member of the National Guard or Reserves, means 
an injury or illness incurred by the member in line of duty 
on active duty in the Armed Forces that may render the 
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122 STAT. 129 
PUBLIC LAW 110–181—JAN. 28, 2008 
member medically unfit to perform the duties of the member’s 
office, grade, rank, or rating.’’. 
(2) ENTITLEMENT TO LEAVE.—Section 102(a) of such Act 
(29 U.S.C. 2612(a)) is amended— 
(A) in paragraph (1), by adding at the end the following 
new subparagraph: 
‘‘(E) Because of any qualifying exigency (as the Sec-
retary shall, by regulation, determine) arising out of the 
fact that the spouse, or a son, daughter, or parent of 
the employee is on active duty (or has been notified of 
an impending call or order to active duty) in the Armed 
Forces in support of a contingency operation.’’; and 
(B) by adding at the end the following new paragraphs: 
‘‘(3) SERVICEMEMBER
FAMILY
LEAVE.—Subject to section 
103, an eligible employee who is the spouse, son, daughter, 
parent, or next of kin of a covered servicemember shall be 
entitled to a total of 26 workweeks of leave during a 12- 
month period to care for the servicemember. The leave described 
in this paragraph shall only be available during a single 12- 
month period. 
‘‘(4) COMBINED LEAVE TOTAL.—During the single 12-month 
period described in paragraph (3), an eligible employee shall 
be entitled to a combined total of 26 workweeks of leave under 
paragraphs (1) and (3). Nothing in this paragraph shall be 
construed to limit the availability of leave under paragraph 
(1) during any other 12-month period.’’. 
(3) REQUIREMENTS RELATING TO LEAVE.— 
(A) SCHEDULE.—Section 102(b) of such Act (29 U.S.C. 
2612(b)) is amended— 
(i) in paragraph (1), in the second sentence— 
(I) by striking ‘‘section 103(b)(5)’’ and inserting 
‘‘subsection (b)(5) or (f) (as appropriate) of section 
103’’; and 
(II) by inserting ‘‘or under subsection (a)(3)’’ 
after ‘‘subsection (a)(1)’’; 
(ii) in paragraph (1), by inserting after the second 
sentence the following new sentence: ‘‘Subject to sub-
section (e)(3) and section 103(f), leave under subsection 
(a)(1)(E) may be taken intermittently or on a reduced 
leave schedule.’’; and 
(iii) in paragraph (2), by inserting ‘‘or under sub-
section (a)(3)’’ after ‘‘subsection (a)(1)’’. 
(B) SUBSTITUTION OF PAID LEAVE.—Section 102(d) of 
such Act (29 U.S.C. 2612(d)) is amended— 
(i) in paragraph (1)— 
(I) by inserting ‘‘(or 26 workweeks in the case 
of leave provided under subsection (a)(3))’’ after 
‘‘12 workweeks’’ the first place it appears; and 
(II) by inserting ‘‘(or 26 workweeks, as appro-
priate)’’ after ‘‘12 workweeks’’ the second place it 
appears; 
(ii) in paragraph (2)(A), by striking ‘‘or (C)’’ and 
inserting ‘‘(C), or (E)’’; and 
(iii) in paragraph (2)(B), by adding at the end 
the following: ‘‘An eligible employee may elect, or an 
employer may require the employee, to substitute any 
of the accrued paid vacation leave, personal leave, 
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122 STAT. 130 
PUBLIC LAW 110–181—JAN. 28, 2008 
family leave, or medical or sick leave of the employee 
for leave provided under subsection (a)(3) for any part 
of the 26-week period of such leave under such sub-
section, except that nothing in this title requires an 
employer to provide paid sick leave or paid medical 
leave in any situation in which the employer would 
not normally provide any such paid leave.’’. 
(C) NOTICE.—Section 102(e) of such Act (29 U.S.C. 
2612(e)) is amended— 
(i) in paragraph (2), by inserting ‘‘or under sub-
section (a)(3)’’ after ‘‘subsection (a)(1)’’; and 
(ii) by adding at the end the following new para-
graph: 
‘‘(3) NOTICE FOR LEAVE DUE TO ACTIVE DUTY OF FAMILY 
MEMBER.—In any case in which the necessity for leave under 
subsection (a)(1)(E) is foreseeable, whether because the spouse, 
or a son, daughter, or parent, of the employee is on active 
duty, or because of notification of an impending call or order 
to active duty in support of a contingency operation, the 
employee shall provide such notice to the employer as is reason-
able and practicable.’’. 
(D) SPOUSES EMPLOYED BY SAME EMPLOYER.—Section 
102(f) of such Act (29 U.S.C. 2612(f)) is amended— 
(i) by redesignating paragraphs (1) and (2) as sub-
paragraphs (A) and (B), and aligning the margins of 
the subparagraphs with the margins of section 
102(e)(2)(A); 
(ii) by striking ‘‘In any’’ and inserting the following: 
‘‘(1) IN GENERAL.—In any’’; and 
(iii) by adding at the end the following: 
‘‘(2) SERVICEMEMBER FAMILY LEAVE.— 
‘‘(A) IN
GENERAL.—The aggregate number of work-
weeks of leave to which both that husband and wife may 
be entitled under subsection (a) may be limited to 26 work-
weeks during the single 12-month period described in sub-
section (a)(3) if the leave is— 
‘‘(i) leave under subsection (a)(3); or 
‘‘(ii) a combination of leave under subsection (a)(3) 
and leave described in paragraph (1). 
‘‘(B) BOTH LIMITATIONS APPLICABLE.—If the leave taken 
by the husband and wife includes leave described in para-
graph (1), the limitation in paragraph (1) shall apply to 
the leave described in paragraph (1).’’. 
(E) CERTIFICATION
REQUIREMENTS.—Section 103 of 
such Act (29 U.S.C. 2613) is amended— 
(i) in subsection (a)— 
(I) by striking ‘‘section 102(a)(1)’’ and inserting 
‘‘paragraph (1) or paragraph (3) of section 102(a)’’; 
and 
(II) by inserting ‘‘or of the next of kin of an 
individual in the case of leave taken under such 
paragraph (3),’’ after ‘‘parent of the employee,’’; 
and 
(ii) by adding at the end the following: 
‘‘(f) CERTIFICATION RELATED
TO ACTIVE DUTY
OR CALL
TO 
ACTIVE DUTY.—An employer may require that a request for leave 
under section 102(a)(1)(E) be supported by a certification issued 
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122 STAT. 131 
PUBLIC LAW 110–181—JAN. 28, 2008 
at such time and in such manner as the Secretary may by regulation 
prescribe. If the Secretary issues a regulation requiring such certifi-
cation, the employee shall provide, in a timely manner, a copy 
of such certification to the employer.’’. 
(F) FAILURE TO RETURN.—Section 104(c) of such Act 
(29 U.S.C. 2614(c)) is amended— 
(i) in paragraph (2)(B)(i), by inserting ‘‘or under 
section 102(a)(3)’’ before the semicolon; and 
(ii) in paragraph (3)(A)— 
(I) in clause (i), by striking ‘‘or’’ at the end; 
(II) in clause (ii), by striking the period and 
inserting ‘‘; or’’; and 
(III) by adding at the end the following: 
‘‘(iii) a certification issued by the health care pro-
vider of the servicemember being cared for by the 
employee, in the case of an employee unable to return 
to work because of a condition specified in section 
102(a)(3).’’. 
(G) ENFORCEMENT.—Section 107 of such Act (29 U.S.C. 
2617) is amended, in subsection (a)(1)(A)(i)(II), by inserting 
‘‘(or 26 weeks, in a case involving leave under section 
102(a)(3))’’ after ‘‘12 weeks’’. 
(H) INSTRUCTIONAL EMPLOYEES.—Section 108 of such 
Act (29 U.S.C. 2618) is amended, in subsections (c)(1), 
(d)(2), and (d)(3), by inserting ‘‘or under section 102(a)(3)’’ 
after ‘‘section 102(a)(1)’’. 
(b) SERVICEMEMBER
FAMILY
LEAVE
FOR
CIVIL
SERVICE 
EMPLOYEES.— 
(1) DEFINITIONS.—Section 6381 of title 5, United States 
Code, is amended— 
(A) in paragraph (5), by striking ‘‘and’’ at the end; 
(B) in paragraph (6), by striking the period and 
inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(7) the term ‘active duty’ means duty under a call or 
order to active duty under a provision of law referred to in 
section 101(a)(13)(B) of title 10; 
‘‘(8) the term ‘covered servicemember’ means a member 
of the Armed Forces, including a member of the National Guard 
or Reserves, who is undergoing medical treatment, recuper-
ation, or therapy, is otherwise in an outpatient status, or is 
otherwise on the temporary disability retired list, for a serious 
injury or illness; 
‘‘(9) the term ‘outpatient status’, with respect to a covered 
servicemember, means the status of a member of the Armed 
Forces assigned to— 
‘‘(A) a military medical treatment facility as an out-
patient; or 
‘‘(B) a unit established for the purpose of providing 
command and control of members of the Armed Forces 
receiving medical care as outpatients; 
‘‘(10) the term ‘next of kin’, used with respect to an indi-
vidual, means the nearest blood relative of that individual; 
and 
‘‘(11) the term ‘serious injury or illness’, in the case of 
a member of the Armed Forces, means an injury or illness 
incurred by the member in line of duty on active duty in 
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122 STAT. 132 
PUBLIC LAW 110–181—JAN. 28, 2008 
the Armed Forces that may render the member medically unfit 
to perform the duties of the member’s office, grade, rank, or 
rating.’’. 
(2) ENTITLEMENT TO LEAVE.—Section 6382(a) of such title 
is amended by adding at the end the following: 
‘‘(3) Subject to section 6383, an employee who is the spouse, 
son, daughter, parent, or next of kin of a covered servicemember 
shall be entitled to a total of 26 administrative workweeks of 
leave during a 12-month period to care for the servicemember. 
The leave described in this paragraph shall only be available during 
a single 12-month period. 
‘‘(4) During the single 12-month period described in paragraph 
(3), an employee shall be entitled to a combined total of 26 adminis-
trative workweeks of leave under paragraphs (1) and (3). Nothing 
in this paragraph shall be construed to limit the availability of 
leave under paragraph (1) during any other 12-month period.’’. 
(3) REQUIREMENTS RELATING TO LEAVE.— 
(A) SCHEDULE.—Section 6382(b) of such title is 
amended— 
(i) in paragraph (1), in the second sentence— 
(I) 
by 
striking 
‘‘section 
6383(b)(5)’’ 
and 
inserting ‘‘subsection (b)(5) or (f) (as appropriate) 
of section 6383’’; and 
(II) by inserting ‘‘or under subsection (a)(3)’’ 
after ‘‘subsection (a)(1)’’; and 
(ii) in paragraph (2), by inserting ‘‘or under sub-
section (a)(3)’’ after ‘‘subsection (a)(1)’’. 
(B) SUBSTITUTION OF PAID LEAVE.—Section 6382(d) of 
such title is amended by adding at the end the following: 
‘‘An employee may elect to substitute for leave under sub-
section (a)(3) any of the employee’s accrued or accumulated 
annual or sick leave under subchapter I for any part of 
the 26-week period of leave under such subsection.’’. 
(C) NOTICE.—Section 6382(e) of such title is amended 
by inserting ‘‘or under subsection (a)(3)’’ after ‘‘subsection 
(a)(1)’’. 
(D) CERTIFICATION.—Section 6383 of such title is 
amended by adding at the end the following: 
‘‘(f) An employing agency may require that a request for leave 
under section 6382(a)(3) be supported by a certification issued at 
such time and in such manner as the Office of Personnel Manage-
ment may by regulation prescribe.’’. 
SEC. 586. FAMILY CARE PLANS AND DEFERMENT OF DEPLOYMENT 
OF SINGLE PARENT OR DUAL MILITARY COUPLES WITH 
MINOR DEPENDENTS. 
The Secretary of Defense shall establish appropriate procedures 
to ensure that an adequate family care plan is in place for a 
member of the Armed Forces with minor dependents who is a 
single parent or whose spouse is also a member of the Armed 
Forces when the member may be deployed in an area for which 
imminent danger pay is authorized under section 310 of title 37, 
United States Code. Such procedures should allow the member 
to request a deferment of deployment due to unforeseen cir-
cumstances, and the request for such a deferment should be consid-
ered and responded to promptly. 
Procedures. 
10 USC 991 note. 
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122 STAT. 133 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 587. EDUCATION AND TREATMENT SERVICES FOR MILITARY 
DEPENDENT CHILDREN WITH AUTISM. 
(a) ASSESSMENT OF AVAILABILITY OF SERVICES.—The Secretary 
of Defense shall conduct a comprehensive assessment of the avail-
ability of Federal, State, and local education and treatment services 
on and in the vicinity of a covered military installation for children 
of members of the Armed Forces who are diagnosed with autism. 
This assessment shall include the following: 
(1) The local availability of adequate educational services 
for children with autism. 
(2) The local availability of adequate medical services for 
children with autism. 
(3) The local availability of supplemental services for chil-
dren with autism. 
(4) The ease of access of children with autism to adequate 
educational services, such as the length of time on waiting 
lists. 
(b) REVIEW OF BEST PRACTICES.—In preparing the assessment 
under subsection (a), the Secretary of Defense shall conduct a 
review of best practices in the United States in the provision of 
covered educational services and treatment services for children 
with autism, including an assessment of Federal and State edu-
cation and treatment services for children with autism in each 
State, with an emphasis on locations where eligible members and 
eligible dependents reside. The Secretary of Defense shall conduct 
the review in coordination with the Secretary of Education. 
(c) PERSONNEL MANAGEMENT REQUIREMENTS.— 
(1) LIMITED
STATIONING
OPTIONS.—The Secretary of the 
military department concerned shall ensure that, whenever 
practicable, eligible members are only assigned to military 
installations that are identified in the report required by sub-
section (g)(1). 
(2) STABILIZATION POLICY.—The Secretary of the military 
department concerned shall ensure that, whenever practicable, 
the families of eligible members residing at a military installa-
tion that is identified in such report are permitted to remain 
at that installation for a period of not less than 4 years. 
(d) CASE MANAGERS AND SERVICES.— 
(1) CASE MANAGERS.—The Secretary of the military depart-
ment concerned shall ensure that eligible members are assigned 
case managers for both medical services and covered edu-
cational services for eligible dependents, which shall be required 
under the Exceptional Family Member Program pursuant to 
the policy established by the Secretary. 
(2) INDIVIDUALIZED SERVICES PLAN.—The Secretary of the 
military department concerned shall provide for the voluntary 
development for eligible dependents of individualized autism 
services plans for use by case managers, caregivers, and fami-
lies to ensure continuity of services throughout the active mili-
tary service of eligible members. 
(3) AUTISM SUPPORT CENTERS.—The Secretary of the mili-
tary department concerned may establish local centers on mili-
tary installations for the purpose of providing and coordinating 
autism services for eligible dependents. 
10 USC 1781 
note. 
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122 STAT. 134 
PUBLIC LAW 110–181—JAN. 28, 2008 
(4) PARTNERSHIPS AND CONTRACTS.—The Secretary of the 
military department concerned is encouraged to enter into part-
nerships or contracts with other appropriate public and private 
entities to carry out the responsibilities of this section. 
(e) DEMONSTRATION PROJECTS.— 
(1) PROJECTS AUTHORIZED.—The Secretary of Defense may 
conduct 1 or more demonstration projects to evaluate improved 
approaches to the provision of covered educational services 
and treatment services to eligible dependents for the purpose 
of evaluating strategies for integrated treatment and case man-
ager services, including early intervention and diagnosis, med-
ical care, parent involvement, special education services, inten-
sive behavioral intervention, and language, communications, 
and other interventions considered appropriate by the Sec-
retary. 
(2) CASE MANAGERS AND SERVICES PLAN.—Each demonstra-
tion project shall include the assignment of case managers 
under paragraph (1) of subsection (d) and utilize the services 
plans prepared for eligible dependents under paragraph (2) 
of such subsection. 
(3) SUPERVISORY
LEVEL
PROVIDERS.—The Secretary of 
Defense may utilize for purposes of the demonstration projects 
personnel who are professionals with a level (as determined 
by the Secretary) of post-secondary education that is appro-
priate for the provision of safe and effective services for autism 
and who are from an accredited educational facility in the 
mental health, human development, social work, or education 
field to act as supervisory level providers of behavioral interven-
tion services for autism. In so acting, such personnel may 
be authorized— 
(A) to develop and monitor intensive behavior interven-
tion plans for eligible dependents who are participating 
in the demonstration projects; and 
(B) to provide appropriate training in the provision 
of approved services to participating eligible dependents. 
(4) SERVICES
UNDER
CORPORATE
SERVICES
PROVIDER 
MODEL.—In carrying out the demonstration projects, the Sec-
retary of Defense may utilize a corporate services provider 
model. Employees of a provider under such a model shall 
include personnel who implement special educational and 
behavioral intervention plans for eligible dependents that are 
developed, reviewed, and maintained by supervisory level pro-
viders approved by the Secretary. In authorizing such a model, 
the Secretary shall establish— 
(A) minimum education, training, and experience cri-
teria required to be met by employees who provide services 
to eligible dependents; 
(B) requirements for supervisory personnel and super-
vision, including requirements for supervisor credentials 
and for the frequency and intensity of supervision; and 
(C) such other requirements as the Secretary considers 
appropriate to ensure safety and the protection of the 
eligible dependents who receive services from such 
employees under the demonstration projects. 
(5) PERIOD.—If the Secretary of Defense determines to con-
duct demonstration projects under this subsection, the Sec-
retary shall commence such demonstration projects not later 
Deadline. 
Requirements. 
Criteria. 
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122 STAT. 135 
PUBLIC LAW 110–181—JAN. 28, 2008 
than 180 days after the date of the enactment of this Act. 
The demonstration projects shall be conducted for not less 
than 2 years. 
(6) EVALUATION.—The Secretary of Defense shall conduct 
an evaluation of each demonstration project conducted under 
this section. The evaluation shall include the following: 
(A) An assessment of the extent to which the activities 
under the demonstration project contributed to positive 
outcomes for eligible dependents. 
(B) An assessment of the extent to which the activities 
under the demonstration project led to improvements in 
services and continuity of care for eligible dependents. 
(C) An assessment of the extent to which the activities 
under the demonstration project improved military family 
readiness and enhanced military retention. 
(f) RELATIONSHIP TO OTHER BENEFITS.—Nothing in this section 
precludes the eligibility of members of the Armed Forces and their 
dependents for extended benefits under section 1079 of title 10, 
United States Code. 
(g) REPORTS.— 
(1) REPORT
IDENTIFYING
COVERED
MILITARY
INSTALLA-
TIONS.—As a result of the assessment required by subsection 
(a), the Secretary of Defense shall submit to the congressional 
defense committees, not later than December 31, 2008, a report 
identifying those covered military installations that have cov-
ered educational services and facilities available (on the 
installation or in the vicinity of the installation) for eligible 
dependents that provide special education and related services 
consistent with the Individuals with Disabilities Education Act 
(20 U.S.C. 1400 et seq.). 
(2) REPORTS ON DEMONSTRATION PROJECTS.—Not later than 
30 months after the commencement of any demonstration 
project under subsection (e), the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the demonstration 
project. The report shall include a description of the project, 
the results of the evaluation under subsection (e)(6) with respect 
to the project, and a description of plans for the further provi-
sion of services for eligible dependents under the project. 
(h) COVERED EDUCATIONAL SERVICES PLAN.—After completing 
the assessment required by subsection (a) and the report required 
by subsection (g)(1), the Secretary of Defense shall develop a plan 
that would ensure that all eligible dependents are able to obtain 
covered educational services. In the event that eligible members 
are assigned to military installations that are not identified in 
the report required by subsection (g)(1), the plan should ensure 
that such eligible dependents are still able to obtain covered edu-
cational services, including by the use of authority granted to the 
Secretary under section 2164 of title 10, United States Code. The 
plan shall also include any legislative actions that the Secretary 
recommends to implement the plan and describe what funding 
or funding mechanisms may be needed to ensure eligible dependents 
obtain covered educational services. The Secretary shall submit 
the plan to the congressional defense committees not later than 
July 1, 2009. 
(i) DEFINITIONS.—In this section: 
Deadline. 
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122 STAT. 136 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) The term ‘‘autism’’ refers to the Autism Spectrum Dis-
orders, which are developmental disabilities that cause substan-
tial impairments in the areas of social interaction, emotional 
regulation, communication, and the integration of higher-order 
cognitive processes and are often characterized by the presence 
of unusual behaviors and interests. The term includes autistic 
disorder, pervasive developmental disorder (not otherwise speci-
fied), and Asperger’s syndrome. 
(2) The term ‘‘child’’ has the meaning given that term 
in section 1072 of title 10, United States Code. 
(3) The term ‘‘covered military installation’’ means a mili-
tary installation at which at least 1,000 members of the Armed 
Forces are assigned who are eligible for an assignment accom-
panied by dependents. 
(4) The term ‘‘eligible member’’ means a member of the 
Armed Forces who— 
(A) has a dependent child who is diagnosed with 
autism; and 
(B) is enrolled in an Exceptional Family Member Pro-
gram of the Department of Defense. 
(5) The term ‘‘eligible dependent’’ means a child of an 
eligible member who is diagnosed with autism. 
(6) The term ‘‘local educational agency’’ has the meaning 
given that term in section 8013(9) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7713(9)), except that 
the term includes publicly financed schools in communities, 
Department of Defense domestic dependent elementary and 
secondary schools, and schools of the defense dependents’ edu-
cation system. 
(7) The term ‘‘covered educational services’’ includes behav-
ioral intervention services for autism, such as Applied Behav-
ioral Analysis. 
SEC. 588. COMMENDATION OF EFFORTS OF PROJECT COMPASSION 
IN PAYING TRIBUTE TO MEMBERS OF THE ARMED 
FORCES WHO HAVE FALLEN IN THE SERVICE OF THE 
UNITED STATES. 
(a) COMMENDATION.—Congress, on the behalf of the people 
of the United States, commends Kaziah M. Hancock and the 4 
other volunteer professional portrait artists of the nonprofit 
organization known as Project Compassion, as well as the entire 
Project Compassion organization, for their ongoing efforts to pro-
vide, without charge, to the family of each member of the Armed 
Forces who has died on active duty since September 11, 2001, 
a museum-quality original oil portrait of the member. 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
the people of the United States owe the deepest gratitude to Kaziah 
M. Hancock and the members of Project Compassion. 
Subtitle I—Other Matters 
SEC. 590. UNIFORM PERFORMANCE POLICIES FOR MILITARY BANDS 
AND OTHER MUSICAL UNITS. 
(a) IN GENERAL.— 
Kaziah M. 
Hancock. 
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122 STAT. 137 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) CONSOLIDATION OF SEPARATE AUTHORITIES.—Chapter 49 
of title 10, United States Code, is amended by inserting after 
section 973 the following new section: 
‘‘§ 974. Uniform performance policies for military bands and 
other musical units 
‘‘(a) RESTRICTIONS
ON COMPETITION
AND REMUNERATION.— 
Bands, ensembles, choruses, or similar musical units of the armed 
forces, including individual members of such a unit performing 
in an official capacity, may not— 
‘‘(1) engage in the performance of music in competition 
with local civilian musicians; or 
‘‘(2) receive remuneration for official performances. 
‘‘(b) MEMBERS PERFORMING IN PERSONAL CAPACITY.—A member 
of a band, ensemble, chorus, or similar musical unit of the armed 
forces may engage in the performance of music in the member’s 
personal capacity, as an individual or part of a group, for remunera-
tion or otherwise, if the member— 
‘‘(1) does not wear a military uniform for the performance; 
‘‘(2) does not identify himself or herself as a member of 
the armed forces in connection with the performance; and 
‘‘(3) complies with all other applicable regulations and 
standards of conduct. 
‘‘(c) RECORDINGS.—(1) When authorized pursuant to regulations 
prescribed by the Secretary of Defense for purposes of this section, 
bands, ensembles, choruses, or similar musical units of the armed 
forces may produce recordings for distribution to the public, at 
a cost not to exceed production and distribution expenses. 
‘‘(2) Amounts received in payment for recordings distributed 
to the public under this subsection shall be credited to the appro-
priation or account providing the funds for the production of such 
recordings. Any amounts so credited shall be merged with amounts 
in the appropriation or account to which credited, and shall be 
available for the same purposes, and subject to the same conditions 
and limitations, as amounts in such appropriation or account. 
‘‘(d) PERFORMANCE
OF MUSIC
IN COMPETITION WITH LOCAL 
CIVILIAN
MUSICIANS
DEFINED.—(1) In this section, the term 
‘performance of music in competition with local civilian musicians’ 
includes performances— 
‘‘(A) that are more than incidental to events that are not 
supported solely by appropriated funds and are not free to 
the public; and 
‘‘(B) of background, dinner, dance, or other social music 
at events, regardless of location, that are not supported solely 
by appropriated funds. 
‘‘(2) The term does not include performances— 
‘‘(A) at official Federal Government events that are sup-
ported solely by appropriated funds; 
‘‘(B) at concerts, parades, and other events that are patriotic 
events or celebrations of national holidays and are free to 
the public; or 
‘‘(C) that are incidental, such as short performances of 
military or patriotic music to open or close events, to events 
that are not supported solely by appropriated funds, in compli-
ance with applicable rules and regulations.’’. 
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122 STAT. 138 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 973 the following new item: 
‘‘974. Uniform performance policies for military bands and other musical units.’’. 
(b) REPEAL OF SEPARATE SERVICE AUTHORITIES.— 
(1) REPEAL.—Sections 3634, 6223, and 8634 of such title 
are repealed. 
(2) TABLE OF SECTIONS.—(A) The table of sections at the 
beginning of chapter 349 of such title is amended by striking 
the item relating to section 3634. 
(B) The table of sections at the beginning of chapter 565 
of such title is amended by striking the item relating to section 
6223. 
(C) The table of sections at the beginning of chapter 849 
of such title is amended by striking the item relating to section 
8634. 
SEC. 591. TRANSPORTATION OF REMAINS OF DECEASED MEMBERS 
OF THE ARMED FORCES AND CERTAIN OTHER PERSONS. 
Section 1482(a)(8) of title 10, United States Code, is amended 
by adding at the end the following new sentence: ‘‘When transpor-
tation of the remains includes transportation by aircraft under 
section 562 of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 
note), the Secretary concerned shall provide, to the maximum extent 
practicable, for delivery of the remains by air to the commercial, 
general aviation, or military airport nearest to the place selected 
by the designee.’’. 
SEC. 592. EXPANSION OF NUMBER OF ACADEMIES SUPPORTABLE IN 
ANY STATE UNDER STARBASE PROGRAM. 
Section 2193b(c)(3) of title 10, United States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘more than two acad-
emies’’ and inserting ‘‘more than four academies’’; and 
(2) in subparagraph (B), by striking ‘‘in excess of two’’ 
both places it appears and inserting ‘‘in excess of four’’. 
SEC. 593. GIFT ACCEPTANCE AUTHORITY. 
(a) PERMANENT AUTHORITY TO ACCEPT GIFTS ON BEHALF OF 
THE WOUNDED.—Section 2601(b) of title 10, United States Code, 
is amended by striking paragraph (4). 
(b) LIMITATION ON SOLICITATION OF GIFTS.—The Secretary of 
Defense shall prescribe regulations implementing sections 2601 and 
2608 of title 10, United States Code, that prohibit the solicitation 
of any gift under such sections by any employee of the Department 
of Defense if the nature or circumstances of such solicitation would 
compromise the integrity or the appearance of integrity of any 
program of the Department of Defense or of any individual involved 
in such program. 
SEC. 594. CONDUCT BY MEMBERS OF THE ARMED FORCES AND VET-
ERANS OUT OF UNIFORM DURING HOISTING, LOWERING, 
OR PASSING OF UNITED STATES FLAG. 
Section 9 of title 4, United States Code, is amended by striking 
‘‘all persons present’’ and all that follows through the end of the 
section and inserting the following: ‘‘all persons present in uniform 
should render the military salute. Members of the Armed Forces 
Regulations. 
10 USC 2601 
note. 
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122 STAT. 139 
PUBLIC LAW 110–181—JAN. 28, 2008 
and veterans who are present but not in uniform may render 
the military salute. All other persons present should face the flag 
and stand at attention with their right hand over the heart, or 
if applicable, remove their headdress with their right hand and 
hold it at the left shoulder, the hand being over the heart. Citizens 
of other countries present should stand at attention. All such con-
duct toward the flag in a moving column should be rendered at 
the moment the flag passes.’’. 
SEC. 595. ANNUAL REPORT ON CASES REVIEWED BY NATIONAL COM-
MITTEE FOR EMPLOYER SUPPORT OF THE GUARD AND 
RESERVE. 
Section 4332 of title 38, United States Code, is amended— 
(1) by redesignating paragraphs (2), (3), (4), (5), and (6) 
as paragraphs (3), (4), (5), (6), and (7) respectively; 
(2) by inserting after paragraph (1) the following new para-
graph (2): 
‘‘(2) The number of cases reviewed by the Secretary of 
Defense under the National Committee for Employer Support 
of the Guard and Reserve of the Department of Defense during 
the fiscal year for which the report is made.’’; and 
(3) in paragraph (5), as so redesignated, by striking ‘‘(2), 
or (3)’’ and inserting ‘‘(2), (3), or (4)’’. 
SEC. 596. MODIFICATION OF CERTIFICATE OF RELEASE OR DIS-
CHARGE FROM ACTIVE DUTY (DD FORM 214). 
The Secretary of Defense, in consultation with the Secretary 
of Veterans Affairs, shall modify the Certificate of Release or Dis-
charge from Active Duty (DD Form 214) in order to permit a 
member of the Armed Forces, upon discharge or release from active 
duty in the Armed Forces, to elect that the DD–214 issued with 
regard to the member be forwarded to the following: 
(1) The Central Office of the Department of Veterans 
Affairs in the District of Columbia. 
(2) The appropriate office of the Department of Veterans 
Affairs for the State or other locality in which the member 
will first reside after such discharge or release. 
SEC. 597. REPORTS ON ADMINISTRATIVE SEPARATIONS OF MEMBERS 
OF THE ARMED FORCES FOR PERSONALITY DISORDER. 
(a) SECRETARY OF DEFENSE REPORT ON ADMINISTRATIVE SEPA-
RATIONS BASED ON PERSONALITY DISORDER.— 
(1) REPORT REQUIRED.—Not later than April 1, 2008, the 
Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a 
report on all cases of administrative separation from the Armed 
Forces of covered members of the Armed Forces on the basis 
of a personality disorder. 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include the following: 
(A) A statement of the total number of cases, by Armed 
Force, in which covered members of the Armed Forces 
have been separated from the Armed Forces on the basis 
of a personality disorder, and an identification of the var-
ious forms of personality disorder forming the basis for 
such separations. 
(B) A statement of the total number of cases, by Armed 
Force, in which covered members of the Armed Forces 
10 USC 1168 
note. 
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122 STAT. 140 
PUBLIC LAW 110–181—JAN. 28, 2008 
who have served in Iraq and Afghanistan since October 
2001 have been separated from the Armed Forces on the 
basis of a personality disorder, and the identification of 
the various forms of personality disorder forming the basis 
for such separations. 
(C) A summary of the policies, by Armed Force, control-
ling administrative separations of members of the Armed 
Forces based on personality disorder, and an evaluation 
of the adequacy of such policies for ensuring that covered 
members of the Armed Forces who may be eligible for 
disability evaluation due to mental health conditions are 
not separated from the Armed Forces on the basis of a 
personality disorder. 
(D) A discussion of measures being implemented to 
ensure that members of the Armed Forces who should 
be evaluated for disability separation or retirement due 
to mental health conditions are not processed for separation 
from the Armed Forces on the basis of a personality dis-
order, and recommendations regarding how members of 
the Armed Forces who may have been so separated from 
the Armed Forces should be provided with expedited review 
by the applicable board for the correction of military 
records. 
(b) COMPTROLLER GENERAL REPORT ON POLICIES ON ADMINIS-
TRATIVE SEPARATION BASED ON PERSONALITY DISORDER.— 
(1) REPORT REQUIRED.—Not later than June 1, 2008, the 
Comptroller General shall submit to Congress a report evalu-
ating the policies and procedures of the Department of Defense 
and of the military departments relating to the separation 
of members of the Armed Forces based on a personality dis-
order. 
(2) ELEMENTS.—The report required by paragraph (1) 
shall— 
(A) include an audit of a sampling of cases to determine 
the validity and clinical efficacy of the policies and proce-
dures referred to in paragraph (1) and the extent, if any, 
of the divergence between the terms of such policies and 
procedures and the implementation of such policies and 
procedures; and 
(B) include a determination by the Comptroller General 
of whether, and to what extent, the policies and procedures 
referred to in paragraph (1)— 
(i) deviate from standard clinical diagnostic prac-
tices and current clinical standards; and 
(ii) provide adequate safeguards aimed at ensuring 
that members of the Armed Forces who suffer from 
mental health conditions (including depression, post- 
traumatic stress disorder, or traumatic brain injury) 
resulting from service in a combat zone are not sepa-
rated from the Armed Forces on the basis of a person-
ality disorder. 
(3) ALTERNATIVE SUBMISSION METHOD.—In lieu of submit-
ting a separate report under this subsection, the Comptroller 
may include the evaluation, audit and determination required 
by this subsection as part of the study of mental health services 
required by section 723 of the Ronald W. Reagan National 
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122 STAT. 141 
PUBLIC LAW 110–181—JAN. 28, 2008 
Defense Authorization Act of 2005 (Public Law 108–375; 118 
Stat. 1989). 
(c) COVERED MEMBER OF THE ARMED FORCES DEFINED.—In 
this section, the term ‘‘covered member of the Armed Forces’’ 
includes the following: 
(1) Any member of a regular component of the Armed 
Forces who has served in Iraq or Afghanistan since October 
2001. 
(2) Any member of the Selected Reserve of the Ready 
Reserve of the Armed Forces who served on active duty in 
Iraq or Afghanistan since October 2001. 
SEC. 598. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE 
VIETNAM WAR. 
(a) COMMEMORATIVE PROGRAM AUTHORIZED.—The Secretary of 
Defense may conduct a program to commemorate the 50th anniver-
sary of the Vietnam War. In conducting the commemorative pro-
gram, the Secretary shall coordinate, support, and facilitate other 
programs and activities of the Federal Government, State and local 
governments, and other persons and organizations in commemora-
tion of the Vietnam War. 
(b) SCHEDULE.—The Secretary of Defense shall determine the 
schedule of major events and priority of efforts for the commemora-
tive program in order to ensure achievement of the objectives speci-
fied in subsection (c). 
(c) 
COMMEMORATIVE
ACTIVITIES
AND
OBJECTIVES.—The 
commemorative program may include activities and ceremonies to 
achieve the following objectives: 
(1) To thank and honor veterans of the Vietnam War, 
including personnel who were held as prisoners of war or listed 
as missing in action, for their service and sacrifice on behalf 
of the United States and to thank and honor the families 
of these veterans. 
(2) To highlight the service of the Armed Forces during 
the Vietnam War and the contributions of Federal agencies 
and governmental and non-governmental organizations that 
served with, or in support of, the Armed Forces. 
(3) To pay tribute to the contributions made on the home 
front by the people of the United States during the Vietnam 
War. 
(4) To highlight the advances in technology, science, and 
medicine related to military research conducted during the 
Vietnam War. 
(5) To recognize the contributions and sacrifices made by 
the allies of the United States during the Vietnam War. 
(d) NAMES AND SYMBOLS.—The Secretary of Defense shall have 
the sole and exclusive right to use the name ‘‘The United States 
of America Vietnam War Commemoration’’, and such seal, emblems, 
and badges incorporating such name as the Secretary may lawfully 
adopt. Nothing in this section may be construed to supersede rights 
that are established or vested before the date of the enactment 
of this Act. 
(e) COMMEMORATIVE FUND.— 
(1) ESTABLISHMENT AND ADMINISTRATION.—If the Secretary 
establishes the commemorative program under subsection (a), 
the Secretary the Treasury shall establish in the Treasury 
of the United States an account to be known as the ‘‘Department 
10 USC 113 note. 
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122 STAT. 142 
PUBLIC LAW 110–181—JAN. 28, 2008 
of Defense Vietnam War Commemoration Fund’’ (in this section 
referred to as the ‘‘Fund’’). The Fund shall be administered 
by the Secretary of Defense. 
(2) USE OF FUND.—The Secretary shall use the assets of 
the Fund only for the purpose of conducting the commemorative 
program and shall prescribe such regulations regarding the 
use of the Fund as the Secretary considers to be necessary. 
(3) DEPOSITS.—There shall be deposited into the Fund— 
(A) amounts appropriated to the Fund; 
(B) proceeds derived from the Secretary’s use of the 
exclusive rights described in subsection (d); 
(C) donations made in support of the commemorative 
program by private and corporate donors; and 
(D) funds transferred to the Fund by the Secretary 
from funds appropriated for fiscal year 2008 and subse-
quent years for the Department of Defense. 
(4) AVAILABILITY.—Subject to subsection (g)(2), amounts 
deposited under paragraph (3) shall constitute the assets of 
the Fund and remain available until expended. 
(5) BUDGET REQUEST.—The Secretary of Defense may estab-
lish 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 expended for 
the commemorative program in the fiscal year preceding 
the budget request; 
(B) identify and explain the amounts being requested 
to support the commemorative program 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.—Notwithstanding sec-
tion 1342 of title 31, United States Code, the Secretary of 
Defense may accept from any person voluntary services to 
be provided in furtherance of the commemorative program. 
The Secretary of Defense shall prohibit the solicitation of any 
voluntary services if the nature or circumstances of such solici-
tation would compromise the integrity or the appearance of 
integrity of any program of the Department of Defense or 
of any individual involved in the program. 
(2) REIMBURSEMENT OF INCIDENTAL EXPENSES.—The Sec-
retary may provide for reimbursement of incidental expenses 
incurred by a person providing voluntary services under this 
subsection. The Secretary shall determine which expenses are 
eligible for reimbursement under this paragraph. 
(g) FINAL REPORT.— 
(1) REPORT REQUIRED.—Not later than 60 days after the 
end of the commemorative program, if established by the Sec-
retary of Defense under subsection (a), the Secretary shall 
submit to Congress a report containing an accounting of— 
(A) all of the funds deposited into and expended from 
the Fund; 
(B) any other funds expended under this section; and 
(C) any unobligated funds remaining in the Fund. 
Regulations. 
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122 STAT. 143 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) TREATMENT
OF
UNOBLIGATED
FUNDS.—Unobligated 
amounts remaining in the Fund as of the end of the commemo-
rative period specified in subsection (b) shall be held in the 
Fund until transferred by law. 
(h) LIMITATION
ON EXPENDITURES.—Total expenditures from 
the Fund, using amounts appropriated to the Department of 
Defense, may not exceed $5,000,000 for fiscal year 2008 or for 
any subsequent fiscal year to carry out the commemorative program. 
(i) FUNDING.—Of the amount authorized to be appropriated 
pursuant to section 301(5) for Defense-wide activities, $1,000,000 
shall be available for deposit in the Fund for fiscal year 2008 
if the Fund is established under subsection (e). 
SEC. 599. RECOGNITION OF MEMBERS OF THE MONUMENTS, FINE 
ARTS, AND ARCHIVES PROGRAM OF THE CIVIL AFFAIRS 
AND MILITARY GOVERNMENT SECTIONS OF THE ARMED 
FORCES DURING AND FOLLOWING WORLD WAR II. 
Congress hereby— 
(1) recognizes the men and women who served in the 
Monuments, Fine Arts, and Archives program (MFAA) under 
the Civil Affairs and Military Government Sections of the 
United States Armed Forces for their heroic role in the 
preservation, protection, and restitution of monuments, works 
of art, and other artifacts of inestimable cultural importance 
in Europe and Asia during and following World War II; 
(2) recognizes that without their dedication and service, 
many more of the world’s artistic and historic treasures would 
have been destroyed or lost forever amidst the chaos and 
destruction of World War II; 
(3) acknowledges that the detailed catalogues, documenta-
tion, inventories, and photographs developed and compiled by 
MFAA personnel during and following World War II, have 
made, and continue to make, possible the restitution of stolen 
works of art to their rightful owners; and 
(4) commends and extols the members of the MFAA for 
establishing a precedent for action to protect cultural property 
in the event of armed conflict, and by their action setting 
a standard not just for one country, but for people of all nations 
to acknowledge and uphold. 
TITLE VI—COMPENSATION AND OTHER 
PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2008 increase in military basic pay. 
Sec. 602. Basic allowance for housing for reserve component members without de-
pendents who attend accession training while maintaining a primary 
residence. 
Sec. 603. Extension and enhancement of authority for temporary lodging expenses 
for members of the Armed Forces in areas subject to major disaster dec-
laration or for installations experiencing sudden increase in personnel 
levels. 
Sec. 604. Income replacement payments for reserve component members experi-
encing extended and frequent mobilization for active duty service. 
Sec. 605. Midmonth payment of basic pay for contributions of members of the uni-
formed services participating in Thrift Savings Plan. 
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122 STAT. 144 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 610. Correction of lapsed authorities for payment of bonuses, special pays, and 
similar benefits for members of the uniformed services. 
Sec. 611. Extension of certain bonus and special pay authorities for Reserve forces. 
Sec. 612. Extension of certain bonus and special pay authorities for health care pro-
fessionals. 
Sec. 613. Extension of special pay and bonus authorities for nuclear officers. 
Sec. 614. Extension of authorities relating to payment of other bonuses and special 
pays. 
Sec. 615. Increase in incentive special pay and multiyear retention bonus for med-
ical officers. 
Sec. 616. Increase in dental officer additional special pay. 
Sec. 617. Increase in maximum monthly rate of hardship duty pay and authority 
to provide hardship duty pay in a lump sum. 
Sec. 618. Definition of sea duty for career sea pay to include service as off-cycle 
crewmembers of multi-crew ships. 
Sec. 619. Reenlistment bonus for members of the Selected Reserve. 
Sec. 620. Availability of Selected Reserve accession bonus for persons who pre-
viously served in the Armed Forces for a short period. 
Sec. 621. Availability of nuclear officer continuation pay for officers with more than 
26 years of commissioned service. 
Sec. 622. Waiver of years-of-service limitation on receipt of critical skills retention 
bonus. 
Sec. 623. Accession bonus for participants in the Armed Forces Health Professions 
Scholarship and Financial Assistance Program. 
Sec. 624. Payment of assignment incentive pay for Reserve members serving in 
combat zone for more than 22 months. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Payment of inactive duty training travel costs for certain Selected Re-
serve members. 
Sec. 632. Survivors of deceased members eligible for transportation to attend burial 
ceremonies. 
Sec. 633. Allowance for participation of Reserves in electronic screening. 
Sec. 634. Allowance for civilian clothing for members of the Armed Forces traveling 
in connection with medical evacuation. 
Sec. 635. Payment of moving expenses for Junior Reserve Officers’ Training Corps 
instructors in hard-to-fill positions. 
Subtitle D—Retired Pay and Survivor Benefits 
Sec. 641. Expansion of combat-related special compensation eligibility. 
Sec. 642. Inclusion of veterans with service-connected disabilities rated as total by 
reason of unemployability under termination of phase-in of concurrent 
receipt of retired pay and veterans’ disability compensation. 
Sec. 643. Recoupment of annuity amounts previously paid, but subject to offset for 
dependency and indemnity compensation. 
Sec. 644. Special survivor indemnity allowance for persons affected by required 
Survivor Benefit Plan annuity offset for dependency and indemnity com-
pensation. 
Sec. 645. Modification of authority of members of the Armed Forces to designate re-
cipients for payment of death gratuity. 
Sec. 646. Clarification of application of retired pay multiplier percentage to mem-
bers of the uniformed services with over 30 years of service. 
Sec. 647. Commencement of receipt of non-regular service retired pay by members 
of the Ready Reserve on active Federal status or active duty for signifi-
cant periods. 
Sec. 648. Computation of years of service for purposes of retired pay for non-reg-
ular service. 
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 
Sec. 651. Authority to continue commissary and exchange benefits for certain invol-
untarily separated members of the Armed Forces. 
Sec. 652. Authorization of installment deductions from pay of employees of non-
appropriated fund instrumentalities to collect indebtedness to the 
United States. 
Subtitle F—Consolidation of Special Pay, Incentive Pay, and Bonus Authorities 
Sec. 661. Consolidation of special pay, incentive pay, and bonus authorities of the 
uniformed services. 
Sec. 662. Transitional provisions. 
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122 STAT. 145 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle G—Other Matters 
Sec. 671. Referral bonus authorities. 
Sec. 672. Expansion of education loan repayment program for members of the Se-
lected Reserve. 
Sec. 673. Ensuring entry into United States after time abroad for permanent resi-
dent alien military spouses and children. 
Sec. 674. Overseas naturalization for military spouses and children. 
Sec. 675. Modification of amount of back pay for members of Navy and Marine 
Corps selected for promotion while interned as prisoners of war during 
World War II to take into account changes in Consumer Price Index. 
Subtitle A—Pay and Allowances 
SEC. 601. FISCAL YEAR 2008 INCREASE IN MILITARY BASIC PAY. 
(a) RESCISSION OF PRIOR BASIC PAY ADJUSTMENT.—The adjust-
ment made as of January 1, 2008, pursuant to section 4 of Executive 
Order No. 13454 (issued January 4, 2008), in elements of compensa-
tion of members of the uniformed services pursuant to section 
1009 of title 37, United States Code, is hereby rescinded in order 
to permit the 3.5 percent increase in monthly basic pay for members 
of the uniformed services required by subsection (b) to take effect 
as intended. 
(b) INCREASE IN BASIC PAY.—Effective as of January 1, 2008, 
the rates of monthly basic pay for members of the uniformed serv-
ices are increased by 3.5 percent. 
SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR RESERVE COMPO-
NENT MEMBERS WITHOUT DEPENDENTS WHO ATTEND 
ACCESSION TRAINING WHILE MAINTAINING A PRIMARY 
RESIDENCE. 
(a) AVAILABILITY OF ALLOWANCE.—Section 403(g)(1) of title 37, 
United States Code, is amended— 
(1) by inserting ‘‘to attend accession training,’’ after ‘‘active 
duty’’ the first place it appears; and 
(2) by inserting a comma after ‘‘contingency operation’’ 
the first place it appears. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall apply with respect to months beginning on or after the 
date of the enactment of this Act. 
SEC. 603. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR TEM-
PORARY LODGING EXPENSES FOR MEMBERS OF THE 
ARMED FORCES IN AREAS SUBJECT TO MAJOR DISASTER 
DECLARATION OR FOR INSTALLATIONS EXPERIENCING 
SUDDEN INCREASE IN PERSONNEL LEVELS. 
(a) MAXIMUM
PERIOD
OF
RECEIPT
OF
EXPENSES.—Section 
404a(c)(3) of title 37, United States Code, is amended by striking 
‘‘20 days’’ and inserting ‘‘60 days’’. 
(b) EXTENSION OF AUTHORITY FOR INCREASE IN CERTAIN BAH.— 
Section 403(b)(7)(E) of such title is amended by striking ‘‘December 
31, 2008’’ and inserting ‘‘December 31, 2009’’. 
SEC. 604. INCOME REPLACEMENT PAYMENTS FOR RESERVE COMPO-
NENT MEMBERS EXPERIENCING EXTENDED AND FRE-
QUENT MOBILIZATION FOR ACTIVE DUTY SERVICE. 
(a) CLARIFICATION REGARDING WHEN PAYMENTS REQUIRED.— 
Subsection (a) of section 910 of title 37, United States Code, is 
amended by inserting before the period at the end of the first 
37 USC 403 note. 
Effective date. 
37 USC 1009 
note. 
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122 STAT. 146 
PUBLIC LAW 110–181—JAN. 28, 2008 
sentence the following: ‘‘, when the total monthly military compensa-
tion of the member is less than the average monthly civilian income 
of the member’’. 
(b) ELIGIBILITY.—Subsection (b) of such section is amended 
to read as follows: 
‘‘(b) ELIGIBILITY.—(1) A member of a reserve component is 
entitled to a payment under this section for any full month of 
active duty of the member, when the total monthly military com-
pensation of the member is less than the average monthly civilian 
income of the member, while the member is on active duty under 
an involuntary mobilization order, following the date on which 
the member— 
‘‘(A) completes 547 continuous days of service on active 
duty under an involuntary mobilization order; 
‘‘(B) completes 730 cumulative days on active duty under 
an involuntary mobilization order during the previous 1,826 
days; or 
‘‘(C) is involuntarily mobilized for service on active duty 
for a period of 180 days or more within 180 days after the 
date of the member’s separation from a previous period of 
active duty for a period of 180 days or more. 
‘‘(2) The entitlement of a member of a reserve component to 
a payment under this section also shall commence or, if previously 
commenced under paragraph (1), shall continue if the member— 
‘‘(A) satisfies the required number of days on active duty 
specified in subparagraph (A) or (B) of paragraph (1) or was 
involuntarily mobilized as provided in subparagraph (C) of such 
paragraph; and 
‘‘(B) is retained on active duty under subparagraph (A) 
or (B) of section 12301(h)(1) of title 10 because of an injury 
or illness incurred or aggravated while the member was 
assigned to duty in an area for which special pay under section 
310 of this title is available.’’. 
(c) TERMINATION OF AUTHORITY.—Subsection (g) of such section 
is amended to read as follows: 
‘‘(g) TERMINATION.—No payment shall be made to a member 
under this section for months beginning after December 31, 2008, 
unless the entitlement of the member to payments under this 
section commenced on or before that date.’’. 
SEC. 605. MIDMONTH PAYMENT OF BASIC PAY FOR CONTRIBUTIONS 
OF MEMBERS OF THE UNIFORMED SERVICES PARTICI-
PATING IN THRIFT SAVINGS PLAN. 
(a) SEMI-MONTHLY DEPOSIT OF MEMBER’S CONTRIBUTIONS.— 
Section 1014 of title 37, United States Code, is amended by adding 
at the end the following new subsection: 
‘‘(c) With respect to a member of the uniformed services who 
has elected to participate in the Thrift Savings Plan under section 
211 of this title, subsection (a) does not preclude the payment 
of an amount equal to one-half of the monthly deposit to the 
Thrift Savings Fund otherwise to be made by the member in partici-
pating in the Plan, which amount may be deposited in the Thrift 
Savings Fund at midmonth.’’. 
(b) SEMI-MONTHLY REPAYMENT OF BORROWED AMOUNTS.—Sec-
tion 211 of such title is amended by adding at the end the following 
new subsection: 
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122 STAT. 147 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(e) REPAYMENT
OF
AMOUNTS
BORROWED
FROM
MEMBER 
ACCOUNT.—If a loan is issued to a member under section 8433(g) 
of title 5 from funds in the member’s account in the Thrift Savings 
Plan, repayment of the loan may be required on the same semi- 
monthly basis as authorized for contributions to the Thrift Savings 
Fund on behalf of the member under section 1014(c) of this title.’’. 
Subtitle B—Bonuses and Special and 
Incentive Pays 
SEC. 610. CORRECTION OF LAPSED AUTHORITIES FOR PAYMENT OF 
BONUSES, SPECIAL PAYS, AND SIMILAR BENEFITS FOR 
MEMBERS OF THE UNIFORMED SERVICES. 
(a) RETROACTIVE EFFECTIVE DATE
FOR PAYMENT AUTHORI-
TIES.—The amendments made by sections 611, 612, 613, and 614 
shall take effect as of December 31, 2007. 
(b) RATIFICATION OF EXISTING CONTINGENT AGREEMENTS.—In 
the case of a provision of title 10 or 37, United States Code, 
amended by section 611, 612, 613, or 614 under which an individual 
must enter into an agreement with the Secretary concerned for 
receipt of a bonus, special pay, or similar benefit, the Secretary 
concerned may treat any agreement entered into under such a 
provision during the period beginning on January 1, 2008, and 
ending on the date of the enactment of this Act as having taken 
effect as of the date on which the agreement was signed by the 
individual. 
(c) TEMPORARY ADDITIONAL AGREEMENT AUTHORITY.— 
(1) AUTHORITY.—In the case of a provision of title 10 or 
37, United States Code, amended by section 611, 612, 613, 
or 614 under which an individual must enter into an agreement 
with the Secretary concerned for receipt of a bonus, special 
pay, or similar benefit, the Secretary concerned, during the 
120-day period beginning on the date of the enactment of this 
Act, may treat any agreement entered into under such a provi-
sion by an individual described in paragraph (2) as having 
been signed by the individual during the period beginning 
on January 1, 2008, and ending on the date of the enactment 
of this Act. 
(2) COVERED INDIVIDUALS.—An individual referred to in 
paragraph (1) is an individual who would have met all of 
the qualifications for a bonus, special pay, or similar benefit 
under a provision of title 10 or 37, United States Code, amended 
by section 611, 612, 613, or 614 at any time during the period 
beginning on January 1, 2008, and ending on the date of 
the enactment of this Act, but for the fact that the statutory 
authority for the bonus, special pay, or similar benefit lapsed 
on December 31, 2007. 
(d) TAX TREATMENT.—The payment of a bonus, special pay, 
or similar benefit under a provision of title 10 or 37, United States 
Code, amended by section 611, 612, 613, or 614 to an individual 
who would have been entitled to the tax treatment accorded by 
section 112 of the Internal Revenue Code of 1986 on the date 
on which the member would have otherwise earned the bonus, 
special pay, or similar benefit, but for the fact that the statutory 
authority for the bonus, special pay, or similar benefit lapsed on 
10 USC 2130a 
note. 
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122 STAT. 148 
PUBLIC LAW 110–181—JAN. 28, 2008 
December 31, 2007, shall be treated as covered by such section 
112. 
(e) 
RETROACTIVE
IMPLEMENTATION
OF
ARMY
REFERRAL 
BONUS.—The Secretary of the Army may pay a bonus under section 
3252 of title 10, United States Code, as added by section 671(a)(1), 
to an individual referred to in subsection (a)(2) of such section 
3252 who made a referral, as described in subsection (b) of such 
section 3252, to an Army recruiter during the period beginning 
on January 1, 2008, and ending on the date of the enactment 
of this Act. 
(f) SECRETARY CONCERNED DEFINED.—In this section, the term 
‘‘Secretary concerned’’ has the meaning given that term in section 
101(5) of title 37, United States Code. 
SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORI-
TIES FOR RESERVE FORCES. 
(a) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(g) 
of title 37, United States Code, is amended by striking ‘‘December 
31, 2007’’ and inserting ‘‘December 31, 2008’’. 
(b) SELECTED RESERVE AFFILIATION OR ENLISTMENT BONUS.— 
Section 308c(i) of such title is amended by striking ‘‘December 
31, 2007’’ and inserting ‘‘December 31, 2008’’. 
(c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN 
HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended 
by striking ‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’. 
(d) READY RESERVE ENLISTMENT BONUS FOR PERSONS WITHOUT 
PRIOR SERVICE.—Section 308g(f)(2) of such title is amended by 
striking ‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’. 
(e) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS 
FOR PERSONS WITH PRIOR SERVICE.—Section 308h(e) of such title 
is amended by striking ‘‘December 31, 2007’’ and inserting 
‘‘December 31, 2008’’. 
(f) SELECTED RESERVE ENLISTMENT BONUS FOR PERSONS WITH 
PRIOR SERVICE.—Section 308i(f) of such title is amended by striking 
‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’. 
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORI-
TIES FOR HEALTH CARE PROFESSIONALS. 
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section 
2130a(a)(1) of title 10, United States Code, is amended by striking 
‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’. 
(b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH 
PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section 
16302(d) of such title is amended by striking ‘‘January 1, 2008’’ 
and inserting ‘‘January 1, 2009’’. 
(c) ACCESSION
BONUS
FOR
REGISTERED
NURSES.—Section 
302d(a)(1) of title 37, United States Code, is amended by striking 
‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’. 
(d) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section 
302e(a)(1) of such title is amended by striking ‘‘December 31, 2007’’ 
and inserting ‘‘December 31, 2008’’. 
(e) SPECIAL PAY
FOR SELECTED RESERVE HEALTH PROFES-
SIONALS
IN
CRITICALLY
SHORT
WARTIME
SPECIALTIES.—Section 
302g(e) of such title is amended by striking ‘‘December 31, 2007’’ 
and inserting ‘‘December 31, 2008’’. 
(f) 
ACCESSION
BONUS
FOR
DENTAL
OFFICERS.—Section 
302h(a)(1) of such title is amended by striking ‘‘December 31, 2007’’ 
and inserting ‘‘December 31, 2008’’. 
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122 STAT. 149 
PUBLIC LAW 110–181—JAN. 28, 2008 
(g) ACCESSION
BONUS
FOR
PHARMACY
OFFICERS.—Section 
302j(a) of such title is amended by striking ‘‘December 31, 2007’’ 
and inserting ‘‘December 31, 2008’’. 
(h) ACCESSION BONUS FOR MEDICAL OFFICERS IN CRITICALLY 
SHORT WARTIME SPECIALTIES.—Section 302k(f) of such title is 
amended by striking ‘‘December 31, 2007’’ and inserting ‘‘December 
31, 2008’’. 
(i) ACCESSION BONUS
FOR DENTAL SPECIALIST OFFICERS
IN 
CRITICALLY SHORT WARTIME SPECIALTIES.—Section 302l(g) of such 
title is amended by striking ‘‘December 31, 2007’’ and inserting 
‘‘December 31, 2008’’. 
SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR 
NUCLEAR OFFICERS. 
(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING 
PERIOD OF ACTIVE SERVICE.—Section 312(f) of title 37, United States 
Code, is amended by striking ‘‘December 31, 2007’’ and inserting 
‘‘December 31, 2008’’. 
(b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of 
such title is amended by striking ‘‘December 31, 2007’’ and inserting 
‘‘December 31, 2008’’. 
(c) NUCLEAR
CAREER
ANNUAL
INCENTIVE
BONUS.—Section 
312c(d) of such title is amended by striking ‘‘December 31, 2007’’ 
and inserting ‘‘December 31, 2008’’. 
SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
OTHER BONUSES AND SPECIAL PAYS. 
(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of 
title 37, United States Code, is amended by striking ‘‘December 
31, 2007’’ and inserting ‘‘December 31, 2008’’. 
(b) REENLISTMENT
BONUS
FOR
ACTIVE
MEMBERS.—Section 
308(g) of such title is amended by striking ‘‘December 31, 2007’’ 
and inserting ‘‘December 31, 2008’’. 
(c) ENLISTMENT BONUS.—Section 309(e) of such title is amended 
by striking ‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’. 
(d) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY 
SKILLS OR ASSIGNED TO HIGH PRIORITY UNITS.—Section 323(i) of 
such title is amended by striking ‘‘December 31, 2007’’ and inserting 
‘‘December 31, 2008’’. 
(e) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS.— 
Section 324(g) of such title is amended by striking ‘‘December 
31, 2007’’ and inserting ‘‘December 31, 2008’’. 
(f) INCENTIVE BONUS FOR CONVERSION TO MILITARY OCCUPA-
TIONAL SPECIALTY TO EASE PERSONNEL SHORTAGE.—Section 326(g) 
of such title is amended by striking ‘‘December 31, 2007’’ and 
inserting ‘‘December 31, 2008’’. 
(g) ACCESSION BONUS FOR OFFICER CANDIDATES.—Section 330(f) 
of such title is amended by striking ‘‘December 31, 2007’’ and 
inserting ‘‘December 31, 2008’’. 
(h) PROHIBITION ON CHARGES FOR MEALS RECEIVED AT MILI-
TARY TREATMENT FACILITIES BY MEMBERS RECEIVING CONTINUOUS 
CARE.—Section 402(h)(3) of such title is amended by striking 
‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’. 
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122 STAT. 150 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY AND MULTIYEAR 
RETENTION BONUS FOR MEDICAL OFFICERS. 
(a) INCENTIVE SPECIAL PAY.—Section 302(b)(1) of title 37, 
United States Code, is amended by striking ‘‘$50,000’’ and inserting 
‘‘$75,000’’. 
(b) MULTIYEAR RETENTION BONUS.—Section 301d(a)(2) of title 
37, United States Code, is amended by striking ‘‘$50,000’’ and 
inserting ‘‘$75,000’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to agreements entered into under section 
301d(a) or 302b(c) of title 37, United States Code, on or after 
the date of the enactment of this Act. 
SEC. 616. INCREASE IN DENTAL OFFICER ADDITIONAL SPECIAL PAY. 
(a) INCREASE.—Section 302b(a)(4) of title 37, United States 
Code, is amended— 
(1) in the matter preceding subparagraph (A), by striking 
‘‘at the following rates’’ and inserting ‘‘at a rate determined 
by the Secretary concerned, which rate may not exceed the 
following’’; 
(2) in subparagraph (A), by striking ‘‘$4,000’’ and inserting 
‘‘$10,000’’; and 
(3) in subparagraph (B), by striking ‘‘$6,000’’ and inserting 
‘‘$12,000’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to agreements entered into under section 
302b(b) of title 37, United States Code, on or after the date of 
the enactment of this Act. 
SEC. 617. INCREASE IN MAXIMUM MONTHLY RATE OF HARDSHIP DUTY 
PAY AND AUTHORITY TO PROVIDE HARDSHIP DUTY PAY 
IN A LUMP SUM. 
Section 305 of title 37, United States Code, is amended to 
read as follows: 
‘‘§ 305. Special pay: hardship duty pay 
‘‘(a) SPECIAL PAY AUTHORIZED.—A member of a uniformed 
service who is entitled to basic pay may be paid special pay under 
this section while the member is performing duty that is designated 
by the Secretary of Defense as hardship duty. 
‘‘(b) PAYMENT ON MONTHLY OR LUMP SUM BASIS.—Special pay 
payable under this section may be paid on a monthly basis or 
in a lump sum. 
‘‘(c) MAXIMUM RATE OR AMOUNT.—(1) The monthly rate of spe-
cial pay payable to a member under this section may not exceed 
$1,500. 
‘‘(2) The amount of the lump sum payment of special pay 
payable to a member under this section may not exceed the product 
of— 
‘‘(A) the maximum monthly rate in effect under paragraph 
(1) at the time the member qualifies for payment of special 
pay under this section; and 
‘‘(B) the number of months during which the member will 
be performing the designated hardship duty. 
‘‘(d) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—Special 
pay paid to a member under this section is in addition to any 
other pay and allowances to which the member is entitled. 
37 USC 302b 
note. 
37 USC 301d 
note. 
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122 STAT. 151 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(e) REPAYMENT.—A member who is paid special pay in a lump 
sum under this section, but who fails to perform the designated 
hardship duty during the months included in the calculation of 
the amount of the lump sum under subsection (c)(2), shall be 
subject to the repayment provisions of section 303a(e) of this title. 
‘‘(f) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations for the payment of hardship duty pay under this section, 
including the specific monthly rates at which the special pay will 
be available.’’. 
SEC. 618. DEFINITION OF SEA DUTY FOR CAREER SEA PAY TO INCLUDE 
SERVICE AS OFF-CYCLE CREWMEMBERS OF MULTI-CREW 
SHIPS. 
Section 305a(e)(1)(A) of title 37, United States Code, is 
amended— 
(1) by striking ‘‘or’’ at the end of clause (ii); and 
(2) by adding at the end the following new clause: 
‘‘(iv) while serving as an off-cycle crewmember of a 
multi-crewed ship; or’’. 
SEC. 619. REENLISTMENT BONUS FOR MEMBERS OF THE SELECTED 
RESERVE. 
(a) MINIMUM TERM OF REENLISTMENT OR ENLISTMENT EXTEN-
SION.—Subsection (a)(2) of 308b of title 37, United States Code, 
is amended by striking ‘‘his enlistment for a period of three years 
or for a period of six years’’ and inserting ‘‘an enlistment for a 
period of at least three years’’. 
(b) MAXIMUM BONUS AMOUNT.—Subsection (b)(1) of such section 
is amended by striking ‘‘may not exceed’’ and all that follows 
through the end of the paragraph and inserting ‘‘may not exceed 
$15,000.’’. 
(c) 
CONFORMING
AMENDMENTS
REGARDING
ELIGIBILITY 
REQUIREMENTS.—Subsection (c) of such section is amended— 
(1) by striking the subsection heading and all that follows 
through ‘‘(2) In the case’’ and inserting ‘‘WAIVER OF CONDITION 
ON ELIGIBILITY.—In the case’’; and 
(2) by striking ‘‘paragraph (1)(B) or’’. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to reenlistments or extensions of enlistment 
that occur on or after the date of the enactment of this Act. 
SEC. 620. AVAILABILITY OF SELECTED RESERVE ACCESSION BONUS 
FOR PERSONS WHO PREVIOUSLY SERVED IN THE ARMED 
FORCES FOR A SHORT PERIOD. 
Section 308c(c)(1) of title 37, United States Code, is amended 
by inserting before the semicolon the following: ‘‘or has served 
in the armed forces, but was released from such service before 
completing the basic training requirements of the armed force of 
which the person was a member and the service was characterized 
as either honorable or uncharacterized’’. 
SEC. 621. AVAILABILITY OF NUCLEAR OFFICER CONTINUATION PAY 
FOR OFFICERS WITH MORE THAN 26 YEARS OF COMMIS-
SIONED SERVICE. 
(a) INCREASE.—Section 312 of title 37, United States Code, 
is amended— 
(1) in subsection (a)(3), by striking ‘‘26 years’’ and inserting 
‘‘30 years’’; and 
37 USC 308b 
note. 
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122 STAT. 152 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) in subsection (e)(1), by striking ‘‘the end of 26 years 
of commissioned service’’ and inserting ‘‘the maximum number 
of years of commissioned service authorized by subsection 
(a)(3)’’. 
(b) EFFECT ON EXISTING AGREEMENTS.—The Secretary of the 
Navy and an officer of the naval service who is a party to an 
agreement under section 312 of title 37, United States Code, that 
was entered into before the date of the enactment of this Act 
may revise the agreement to reflect the new limitation on the 
number of years of commissioned service that the officer may serve 
while remaining eligible for special pay under such section. 
SEC. 622. WAIVER OF YEARS-OF-SERVICE LIMITATION ON RECEIPT OF 
CRITICAL SKILLS RETENTION BONUS. 
Section 323(e) of title 37, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(4) The Secretary of Defense, or the Secretary of Homeland 
Security with respect to the Coast Guard when it is not operating 
as a service in the Navy, may waive the limitations in paragraph 
(1) with respect to a member who, during the period of active 
duty or service in an active status in a reserve component for 
which the bonus is being offered, is assigned duties in a skill 
designated as critical under subsection (b)(1). The authority to 
grant a waiver under this paragraph may not be delegated below 
the Under Secretary of Defense for Personnel and Readiness or 
the Deputy Secretary of the Department of Homeland Security.’’. 
SEC. 623. ACCESSION BONUS FOR PARTICIPANTS IN THE ARMED 
FORCES 
HEALTH 
PROFESSIONS 
SCHOLARSHIP 
AND 
FINANCIAL ASSISTANCE PROGRAM. 
(a) ACCESSION BONUS AUTHORIZED.—Subchapter I of chapter 
105 of title 10, United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 2128. Accession bonus for members of the program 
‘‘(a) AVAILABILITY OF BONUS.—The Secretary of Defense may 
offer a person who enters into an agreement under section 
2122(a)(2) of this title an accession bonus of not more than $20,000 
as part of the agreement. 
‘‘(b) RELATION TO OTHER PAYMENTS.—An accession bonus paid 
a person under this section is in addition to any other amounts 
payable to the person under this subchapter. 
‘‘(c) REPAYMENT.—A person who receives an accession bonus 
under this section, but fails to comply with the agreement under 
section 2122(a)(2) of this title or to commence or complete the 
active duty obligation imposed by section 2123 of this title, shall 
be subject to the repayment provisions of section 303a(e) of title 
37.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by adding at the end the 
following new item: 
‘‘2128. Accession bonus for members of the program.’’. 
(c) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply with respect to agreements entered into under section 
2122(a)(2) of title 10, United States Code, on or after the date 
of the enactment of this Act. 
10 USC 2128 
note. 
37 USC 312 note. 
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122 STAT. 153 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 624. PAYMENT OF ASSIGNMENT INCENTIVE PAY FOR RESERVE 
MEMBERS SERVING IN COMBAT ZONE FOR MORE THAN 
22 MONTHS. 
(a) PAYMENT.—The Secretary of a military department may 
pay assignment incentive pay under section 307a of title 37, United 
States Code, to a member of a reserve component under the jurisdic-
tion of the Secretary for each month during the eligibility period 
of the member determined under subsection (b) during which the 
member served for any portion of the month in a combat zone 
associated with Operating Enduring Freedom or Operation Iraqi 
Freedom in excess of 22 months of qualifying service. 
(b) ELIGIBILITY PERIOD.—The eligibility period for a member 
extends from January 1, 2005, through the end of the active duty 
service of the member in a combat zone associated with Operating 
Enduring Freedom or Operation Iraqi Freedom if the service on 
active duty during the member’s most recent period of mobilization 
to active duty began before January 19, 2007. 
(c) AMOUNT OF PAYMENT.—The monthly rate of incentive pay 
payable to a member under this section is $1,000. 
(d) QUALIFYING SERVICE.—For purposes of this section, quali-
fying service includes cumulative mobilized service on active duty 
under sections 12301(d), 12302, and 12304 of title 10, United States 
Code, during the period beginning on January 1, 2003, through 
the end of the member’s active duty service during the member’s 
most recent period of mobilization to active duty beginning before 
January 19, 2007. 
Subtitle C—Travel and Transportation 
Allowances 
SEC. 631. PAYMENT OF INACTIVE DUTY TRAINING TRAVEL COSTS FOR 
CERTAIN SELECTED RESERVE MEMBERS. 
(a) PAYMENT OF TRAVEL COSTS AUTHORIZED.— 
(1) IN GENERAL.—Chapter 7 of title 37, United States Code, 
is amended by inserting after section 408 the following new 
section: 
‘‘§ 408a. Travel and transportation allowances: inactive duty 
training outside of normal commuting distances 
‘‘(a) ALLOWANCE AUTHORIZED.—The Secretary concerned may 
reimburse an eligible member of the Selected Reserve of the Ready 
Reserve for travel expenses for travel to an inactive duty training 
location to perform inactive duty training when the member is 
required to commute a distance from the member’s permanent 
residence to the inactive duty training location that is outside 
the normal commuting distance (as determined under the regula-
tions prescribed under subsection (d)) for that commute. 
‘‘(b) ELIGIBLE MEMBERS.—To be eligible for reimbursement 
under subsection (a), a member of the Selected Reserve of the 
Ready Reserve must be— 
‘‘(1) qualified in a skill designated as critically short by 
the Secretary concerned; 
‘‘(2) assigned to a unit of the Selected Reserve with a 
critical manpower shortage or in a pay grade in the member’s 
reserve component with a critical manpower shortage; or 
37 USC 307a 
note. 
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122 STAT. 154 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(3) assigned to a unit or position that is disestablished 
or relocated as a result of defense base closure or realignment 
or another force structure reallocation. 
‘‘(c) MAXIMUM
REIMBURSEMENT
AMOUNT.—The amount of 
reimbursement provided a member under subsection (a) for each 
round trip to a training location may not exceed $300. 
‘‘(d) REGULATIONS.—The Secretary concerned shall prescribe 
regulations to carry out this section. Regulations prescribed by 
the Secretary of a military department shall be subject to the 
approval of the Secretary of Defense. 
‘‘(e) TERMINATION.—No reimbursement may be provided under 
this section for travel that occurs after December 31, 2010.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 7 of such title is amended by inserting 
after the item relating to section 408 the following new item: 
‘‘408a. Travel and transportation allowances: inactive duty training outside of nor-
mal commuting distances.’’. 
(b) APPLICATION OF AMENDMENT.—No reimbursement may be 
provided under section 408a of title 37, United States Code, as 
added by subsection (a), for travel costs incurred before the date 
of the enactment of this Act. 
SEC. 632. SURVIVORS OF DECEASED MEMBERS ELIGIBLE FOR 
TRANSPORTATION TO ATTEND BURIAL CEREMONIES. 
(a) ELIGIBLE RELATIVES.—Paragraph (1) of section 411f(c) of 
title 37, United States Code, is amended— 
(1) by striking subparagraph (B) and inserting the following 
new subparagraph: 
‘‘(B) The child or children of the deceased member 
(including stepchildren, adopted children, and illegitimate chil-
dren).’’; and 
(2) by adding at the end the following new subparagraphs: 
‘‘(D) The sibling or siblings of the deceased member. 
‘‘(E) The person who directs the disposition of the remains 
of the deceased member under section 1482(c) of title 10 or, 
in the case of a deceased member whose remains are commin-
gled and buried in a common grave in a national cemetery, 
the person who would have been designated under such section 
to direct the disposition of the remains if individual identifica-
tion had been made.’’. 
(b) OTHER PERSONS.—Paragraph (2) of such section is amended 
to read as follows: 
‘‘(2) If no person described in subparagraphs (A) through (D) 
of paragraph (1) is provided travel and transportation allowances 
under subsection (a)(1), the travel and transportation allowances 
may be provided to one or two other persons who are closely 
related to the deceased member and are selected by the person 
referred to in paragraph (1)(E). A person provided travel and 
transportation allowances under this paragraph is in addition to 
the person referred to in paragraph (1)(E).’’. 
SEC. 633. ALLOWANCE FOR PARTICIPATION OF RESERVES IN ELEC-
TRONIC SCREENING. 
(a) 
ALLOWANCE
FOR
PARTICIPATION
IN
ELECTRONIC 
SCREENING.— 
37 USC 408a 
note. 
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122 STAT. 155 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) IN GENERAL.—Chapter 7 of title 37, United States Code, 
is amended by inserting after section 433 the following new 
section: 
‘‘§ 433a. Allowance for participation in Ready Reserve 
screening 
‘‘(a) ALLOWANCE
AUTHORIZED.—(1) Under regulations pre-
scribed by the Secretaries concerned, a member of the Individual 
Ready Reserve may be paid a stipend for participation in the 
screening performed pursuant to section 10149 of title 10, in lieu 
of muster duty performed under section 12319 of title 10, if such 
participation is conducted through electronic means. 
‘‘(2) The stipend paid a member under this section shall con-
stitute the sole monetary allowance authorized for participation 
in the screening described in paragraph (1), and shall constitute 
payment in full to the member for participation in such screening, 
regardless of the grade or rank in which the member is serving. 
‘‘(b) MAXIMUM PAYMENT.—The aggregate amount of the stipend 
paid a member of the Individual Ready Reserve under this section 
in any calendar year may not exceed $50. 
‘‘(c) PAYMENT REQUIREMENTS.—(1) The stipend authorized by 
this section may not be disbursed in kind. 
‘‘(2) Payment of a stipend to a member of the Individual Ready 
Reserve under this section for participation in screening shall be 
made on or after the date of participation in such screening, but 
not later than 30 days after such date.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 7 of such title is amended by inserting 
after the item relating to section 433 the following new item: 
‘‘433a. Allowance for participation in Ready Reserve screening.’’. 
(b) BAR TO DUAL COMPENSATION.—Section 206 of such title 
is amended by adding at the end the following new subsection: 
‘‘(f) A member of the Individual Ready Reserve is not entitled 
to compensation under this section for participation in screening 
for which the member is paid a stipend under section 433a of 
this title.’’. 
(c) BAR TO RETIREMENT CREDIT.—Section 12732(b) of title 10, 
United States Code, is amended by adding at the end the following 
new paragraph: 
‘‘(8) Service in the screening performed pursuant to section 
10149 of this title through electronic means, regardless of 
whether or not a stipend is paid the member concerned for 
such service under section 433a of title 37.’’. 
SEC. 634. ALLOWANCE FOR CIVILIAN CLOTHING FOR MEMBERS OF 
THE ARMED FORCES TRAVELING IN CONNECTION WITH 
MEDICAL EVACUATION. 
Section 1047(a) of title 10, United States Code, is amended 
by inserting ‘‘and luggage’’ after ‘‘civilian clothing’’ both places it 
appears. 
SEC. 635. PAYMENT OF MOVING EXPENSES FOR JUNIOR RESERVE 
OFFICERS’ TRAINING CORPS INSTRUCTORS IN HARD-TO- 
FILL POSITIONS. 
Section 2031 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
Regulations. 
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122 STAT. 156 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(f)(1) When determined by the Secretary of the military depart-
ment concerned to be in the national interest and agreed upon 
by the institution concerned, the institution may reimburse a Junior 
Reserve Officers’ Training Corps instructor for moving expenses 
incurred by the instructor to accept employment at the institution 
in a position that the Secretary concerned determines is hard- 
to-fill for geographic or economic reasons. 
‘‘(2) As a condition on providing reimbursement under para-
graph (1), the institution shall require the instructor to execute 
a written agreement to serve a minimum of two years of employ-
ment at the institution in the hard-to-fill position. 
‘‘(3) Any reimbursement provided to an instructor under para-
graph (1) is in addition to the minimum instructor pay otherwise 
payable to the instructor. 
‘‘(4) The Secretary concerned shall reimburse an institution 
providing reimbursement to an instructor under paragraph (1) in 
an amount equal to the amount of the reimbursement paid by 
the institution under that paragraph. Any reimbursement provided 
by the Secretary concerned shall be provided from funds appro-
priated for that purpose. 
‘‘(5) The provision of reimbursement under paragraph (1) or 
(4) shall be subject to regulations prescribed by the Secretary of 
Defense for purposes of this subsection.’’. 
Subtitle D—Retired Pay and Survivor 
Benefits 
SEC. 641. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION 
ELIGIBILITY. 
(a) 
EXPANDED
ELIGIBILITY
FOR
CHAPTER
61 
MILITARY 
RETIREES.—Subsection (c) of section 1413a of title 10, United States 
Code, is amended by striking ‘‘entitled to retired pay who—’’ and 
all that follows and inserting ‘‘who— 
‘‘(1) is entitled to retired pay (other than by reason of 
section 12731b of this title); and 
‘‘(2) has a combat-related disability.’’. 
(b) COMPUTATION.—Paragraph (3) of subsection (b) of such sec-
tion is amended— 
(1) by striking ‘‘In the case of’’ and inserting the following: 
‘‘(A) GENERAL RULE.—In the case of’’; and 
(2) by adding at the end the following new subparagraph: 
‘‘(B) SPECIAL RULE FOR RETIREES WITH FEWER THAN 
20 YEARS OF SERVICE.—In the case of an eligible combat- 
related disabled uniformed services retiree who is retired 
under chapter 61 of this title with fewer than 20 years 
of creditable service, the amount of the payment under 
paragraph (1) for any month shall be reduced by the 
amount (if any) by which the amount of the member’s 
retired pay under chapter 61 of this title exceeds the 
amount equal to 21⁄2 percent of the member’s years of 
creditable service multiplied by the member’s retired pay 
base under section 1406(b)(1) or 1407 of this title, which-
ever is applicable to the member.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on January 1, 2008, and shall apply to payments 
for months beginning on or after that date. 
Applicability. 
10 USC 1413a 
note. 
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122 STAT. 157 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 642. INCLUSION OF VETERANS WITH SERVICE-CONNECTED 
DISABILITIES 
RATED 
AS 
TOTAL 
BY 
REASON 
OF 
UNEMPLOYABILITY UNDER TERMINATION OF PHASE-IN 
OF CONCURRENT RECEIPT OF RETIRED PAY AND VET-
ERANS’ DISABILITY COMPENSATION. 
(a) INCLUSION OF VETERANS.—Section 1414(a)(1) of title 10, 
United States Code, is amended by striking ‘‘except that’’ and 
all that follows and inserting ‘‘except that payment of retired pay 
is subject to subsection (c) only during the period beginning on 
January 1, 2004, and ending on December 31, 2004, in the case 
of the following: 
‘‘(A) A qualified retiree receiving veterans’ disability 
compensation for a disability rated as 100 percent. 
‘‘(B) A qualified retiree receiving veterans’ disability 
compensation at the rate payable for a 100 percent dis-
ability by reason of a determination of individual 
unemployability.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—Subject to paragraph (2), the amendment 
made by subsection (a) shall take effect as of December 31, 
2004. 
(2) TIMING OF PAYMENT OF RETROACTIVE BENEFITS.—Any 
amount payable for a period before October 1, 2008, by reason 
of the amendment made by subsection (a) shall not be paid 
until after that date. 
SEC. 643. RECOUPMENT OF ANNUITY AMOUNTS PREVIOUSLY PAID, 
BUT SUBJECT TO OFFSET FOR DEPENDENCY AND INDEM-
NITY COMPENSATION. 
(a) LIMITATION
ON
RECOUPMENT; NOTIFICATION
REQUIRE-
MENTS.—Section 1450(c) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(3) LIMITATION ON RECOUPMENT OF OFFSET AMOUNT.—Any 
amount subject to offset under this subsection that was pre-
viously paid to the surviving spouse or former spouse shall 
be recouped only to the extent that the amount paid exceeds 
any amount to be refunded under subsection (e). In notifying 
a surviving spouse or former spouse of the recoupment require-
ment, the Secretary shall provide the spouse or former spouse— 
‘‘(A) a single notice of the net amount to be recouped 
or the net amount to be refunded, as applicable, under 
this subsection or subsection (e); 
‘‘(B) a written explanation of the statutory require-
ments for recoupment of the offset amount and for refund 
of any applicable amount deducted from retired pay; 
‘‘(C) a detailed accounting of how the offset amount 
being recouped and retired pay deduction amount being 
refunded were calculated; and 
‘‘(D) contact information for a person who can provide 
information about the offset recoupment and retired pay 
deduction refund processes and answer questions the sur-
viving spouse or former spouse may have about the require-
ments, processes, or amounts.’’. 
(b) APPLICATION.—Paragraph (3) of subsection (c) of section 
1450 of title 10, United States Code, as added by subsection (a), 
shall apply with respect to the recoupment on or after April 1, 
2008, of amounts subject to offset under such subsection. 
10 USC 1450 
note. 
10 USC 1414 
note. 
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122 STAT. 158 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 644. SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR PERSONS 
AFFECTED BY REQUIRED SURVIVOR BENEFIT PLAN 
ANNUITY OFFSET FOR DEPENDENCY AND INDEMNITY 
COMPENSATION. 
Section 1450 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(m) SPECIAL SURVIVOR INDEMNITY ALLOWANCE.— 
‘‘(1) PROVISION OF ALLOWANCE.—The Secretary concerned 
shall pay a monthly special survivor indemnity allowance under 
this subsection to the surviving spouse or former spouse of 
a member of the uniformed services to whom section 1448 
of this title applies if— 
‘‘(A) the surviving spouse or former spouse is entitled 
to dependency and indemnity compensation under section 
1311(a) of title 38; 
‘‘(B) except for subsection (c) of this section, the sur-
viving spouse or former spouse is eligible for an annuity 
by reason of a participant in the Plan under section 
1448(a)(1) of this title; and 
‘‘(C) the eligibility of the surviving spouse or former 
spouse for an annuity as described in subparagraph (B) 
is affected by subsection (c) of this section. 
‘‘(2) AMOUNT OF PAYMENT.—Subject to paragraph (3), the 
amount of the allowance paid to an eligible survivor under 
paragraph (1) for a month shall be equal to— 
‘‘(A) for months during fiscal year 2009, $50; 
‘‘(B) for months during fiscal year 2010, $60; 
‘‘(C) for months during fiscal year 2011, $70; 
‘‘(D) for months during fiscal year 2012, $80; 
‘‘(E) for months during fiscal year 2013, $90; and 
‘‘(F) for months after fiscal year 2013, $100. 
‘‘(3) LIMITATION.—The amount of the allowance paid to 
an eligible survivor under paragraph (1) for any month may 
not exceed the amount of the annuity for that month that 
is subject to offset under subsection (c). 
‘‘(4) STATUS OF PAYMENTS.—An allowance paid under this 
subsection does not constitute an annuity, and amounts so 
paid are not subject to adjustment under any other provision 
of law. 
‘‘(5) SOURCE OF FUNDS.—The special survivor indemnity 
allowance shall be paid from amounts in the Department of 
Defense Military Retirement Fund established under section 
1461 of this title. 
‘‘(6) EFFECTIVE DATE AND DURATION.—This subsection shall 
only apply with respect to the month beginning on October 
1, 2008, and subsequent months through the month ending 
on February 28, 2016. Effective on March 1, 2016, the authority 
provided by this subsection shall terminate. No special survivor 
indemnity allowance may be paid to any person by reason 
of this subsection for any period before October 1, 2008, or 
beginning on or after March 1, 2016.’’. 
SEC. 645. MODIFICATION OF AUTHORITY OF MEMBERS OF THE ARMED 
FORCES TO DESIGNATE RECIPIENTS FOR PAYMENT OF 
DEATH GRATUITY. 
(a) AUTHORITY TO DESIGNATE RECIPIENTS.—Section 1477 of title 
10, United States Code, is amended— 
Termination 
date. 
Applicability. 
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122 STAT. 159 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) by striking subsections (c) and (d); 
(2) by redesignating subsection (b) as subsection (d) and, 
in such subsection, by striking ‘‘Subsection (a)(2)’’ and inserting 
‘‘TREATMENT OF CHILDREN.—Subsection (b)(2)’’; and 
(3) by striking subsection (a) and inserting the following 
new subsections: 
‘‘(a) DESIGNATION OF RECIPIENTS.—(1) On and after July 1, 
2008, or such earlier date as the Secretary of Defense may prescribe, 
a person covered by section 1475 or 1476 of this title may designate 
one or more persons to receive all or a portion of the amount 
payable under section 1478 of this title. The designation of a person 
to receive a portion of the amount shall indicate the percentage 
of the amount, to be specified only in 10 percent increments, that 
the designated person may receive. The balance of the amount 
of the death gratuity, if any, shall be paid in accordance with 
subsection (b). 
‘‘(2) If a person covered by section 1475 or 1476 of this title 
has a spouse, but designates a person other than the spouse to 
receive all or a portion of the amount payable under section 1478 
of this title, the Secretary concerned shall provide notice of the 
designation to the spouse. 
‘‘(b) DISTRIBUTION OF REMAINDER; DISTRIBUTION IN ABSENCE 
OF DESIGNATED RECIPIENT.—If a person covered by section 1475 
or 1476 of this title does not make a designation under subsection 
(a) or designates only a portion of the amount payable under section 
1478 of this title, the amount of the death gratuity not covered 
by a designation shall be paid as follows: 
‘‘(1) To the surviving spouse of the person, if any. 
‘‘(2) If there is no surviving spouse, to any surviving chil-
dren (as prescribed by subsection (d)) of the person and the 
descendants of any deceased children by representation. 
‘‘(3) If there is none of the above, to the surviving parents 
(as prescribed by subsection (c)) of the person or the survivor 
of them. 
‘‘(4) If there is none of the above, to the duly-appointed 
executor or administrator of the estate of the person. 
‘‘(5) If there is none of the above, to other next of kin 
of the person entitled under the laws of domicile of the person 
at the time of the person’s death. 
‘‘(c) TREATMENT OF PARENTS.—For purposes of subsection (b)(3), 
parents include fathers and mothers through adoption. However, 
only one father and one mother may be recognized in any case, 
and preference shall be given to those who exercised a parental 
relationship on the date, or most nearly before the date, on which 
the decedent entered a status described in section 1475 or 1476 
of this title.’’. 
(b) CLERICAL AND CONFORMING AMENDMENTS.—Subsection (e) 
of such section is amended— 
(1) by inserting ‘‘EFFECT OF DEATH BEFORE RECEIPT OF 
GRATUITY.—’’ after ‘‘(e)’’; 
(2) by striking ‘‘subsection (a) or (d)’’ and inserting ‘‘sub-
section (a) or (b)’’; and 
(3) by striking ‘‘subsection (a).’’ and inserting ‘‘subsection 
(b)’’. 
(c) EXISTING DESIGNATION AUTHORITY.—The authority provided 
by subsection (d) of section 1477 of title 10, United States Code, 
as in effect on the day before the date of the enactment of this 
Termination 
date. 
10 USC 1477 
note. 
Notification. 
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122 STAT. 160 
PUBLIC LAW 110–181—JAN. 28, 2008 
Act, shall remain available to persons covered by section 1475 
or 1476 of such title until July 1, 2008, or such earlier date as 
the Secretary of Defense may prescribe, and any designation under 
such subsection made before July 1, 2008, or the earlier date 
prescribed by the Secretary, shall continue in effect until such 
time as the person who made the designation makes a new designa-
tion under such section 1477, as amended by subsection (a) of 
this section. 
(d) REGULATIONS.— 
(1) IN GENERAL.—Not later than April 1, 2008, the Sec-
retary of Defense shall prescribe regulations to implement the 
amendments to section 1477 of title 10, United States Code, 
made by subsection (a). 
(2) ELEMENTS.—The regulations required by paragraph (1) 
shall include forms for the making of the designation con-
templated by subsection (a) of section 1477 of title 10, United 
States Code, as amended by subsection (a) of this section, 
and instructions for members of the Armed Forces in the filling 
out of such forms. 
SEC. 646. CLARIFICATION OF APPLICATION OF RETIRED PAY MULTI-
PLIER PERCENTAGE TO MEMBERS OF THE UNIFORMED 
SERVICES WITH OVER 30 YEARS OF SERVICE. 
(a) COMPUTATION OF RETIRED AND RETAINER PAY FOR MEMBERS 
OF NAVAL SERVICE.—The table in section 6333(a) of title 10, United 
States Code, is amended in Column 2 of Formula A by striking 
‘‘75 percent.’’ and inserting ‘‘Retired pay multiplier prescribed under 
section 1409 for the years of service that may be credited to the 
member under section 1405.’’. 
(b) RETIRED PAY FOR CERTAIN MEMBERS RECALLED TO ACTIVE 
DUTY.—The table in section 1402(a) of such title is amended by 
striking Column 3. 
(c) EFFECTIVE DATE.—The amendments made by subsections 
(a) and (b) shall take effect as of January 1, 2007, and shall 
apply with respect to retired pay and retainer pay payable on 
or after that date. 
SEC. 647. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE 
RETIRED PAY BY MEMBERS OF THE READY RESERVE ON 
ACTIVE FEDERAL STATUS OR ACTIVE DUTY FOR SIGNIFI-
CANT PERIODS. 
(a) REDUCED ELIGIBILITY AGE.—Section 12731 of title 10, 
United States Code, is amended— 
(1) in subsection (a), by striking paragraph (1) and inserting 
the following: 
‘‘(1) has attained the eligibility age applicable under sub-
section (f) to that person;’’; and 
(2) by adding at the end the following new subsection: 
‘‘(f)(1) Subject to paragraph (2), the eligibility age for purposes 
of subsection (a)(1) is 60 years of age. 
‘‘(2)(A) In the case of a person who as a member of the Ready 
Reserve serves on active duty or performs active service described 
in subparagraph (B) after the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2008, the eligibility age 
for purposes of subsection (a)(1) shall be reduced below 60 years 
of age by three months for each aggregate of 90 days on which 
such person so performs in any fiscal year after such date, subject 
Applicability. 
10 USC 1402 
note. 
Deadline. 
10 USC 1477 
note. 
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122 STAT. 161 
PUBLIC LAW 110–181—JAN. 28, 2008 
to subparagraph (C). A day of duty may be included in only one 
aggregate of 90 days for purposes of this subparagraph. 
‘‘(B)(i) Service on active duty described in this subparagraph 
is service on active duty pursuant to a call or order to active 
duty under a provision of law referred to in section 101(a)(13)(B) 
or under section 12301(d) of this title. Such service does not include 
service on active duty pursuant to a call or order to active duty 
under section 12310 of this title. 
‘‘(ii) Active service described in this subparagraph is also service 
under a call to active service authorized by the President or the 
Secretary of Defense under section 502(f) of title 32 for purposes 
of responding to a national emergency declared by the President 
or supported by Federal funds. 
‘‘(C) The eligibility age for purposes of subsection (a)(1) may 
not be reduced below 50 years of age for any person under subpara-
graph (A).’’. 
(b) CONTINUATION OF AGE 60 AS MINIMUM AGE FOR ELIGIBILITY 
OF NON-REGULAR SERVICE RETIREES FOR HEALTH CARE.—Section 
1074(b) of such title is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) Paragraph (1) does not apply to a member or former 
member entitled to retired pay for non-regular service under chapter 
1223 of this title who is under 60 years of age.’’. 
(c) ADMINISTRATION
OF
RELATED
PROVISIONS
OF
LAW
OR 
POLICY.—With respect to any provision of law, or of any policy, 
regulation, or directive of the executive branch that refers to a 
member or former member of the uniformed services as being 
eligible for, or entitled to, retired pay under chapter 1223 of title 
10, United States Code, but for the fact that the member or former 
member is under 60 years of age, such provision shall be carried 
out with respect to that member or former member by substituting 
for the reference to being 60 years of age a reference to having 
attained the eligibility age applicable under subsection (f) of section 
12731 of title 10, United States Code (as added by subsection 
(a)), to such member or former member for qualification for such 
retired pay under subsection (a) of such section. 
SEC. 648. COMPUTATION OF YEARS OF SERVICE FOR PURPOSES OF 
RETIRED PAY FOR NON-REGULAR SERVICE. 
Section 12733(3) of title 10, United States Code, is amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at the end; 
(2) in subparagraph (C), by striking the period and 
inserting ‘‘before the year of service that includes October 30, 
2007; and’’; and 
(3) by adding at the end the following new subparagraph: 
‘‘(D) 130 days in the year of service that includes 
October 30, 2007, and in any subsequent year of service.’’. 
10 USC 12731 
note. 
President. 
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122 STAT. 162 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle 
E—Commissary 
and 
Non-
appropriated Fund Instrumentality Ben-
efits 
SEC. 651. AUTHORITY TO CONTINUE COMMISSARY AND EXCHANGE 
BENEFITS FOR CERTAIN INVOLUNTARILY SEPARATED 
MEMBERS OF THE ARMED FORCES. 
(a) RESUMPTION
FOR
MEMBERS
INVOLUNTARILY
SEPARATED 
FROM ACTIVE DUTY.—Section 1146 of title 10, United States Code, 
is amended— 
(1) by inserting ‘‘(a) MEMBERS INVOLUNTARILY SEPARATED 
FROM ACTIVE DUTY.—’’ before ‘‘The Secretary of Defense’’; 
(2) in the first sentence, by striking ‘‘October 1, 1990, 
and ending on December 31, 2001’’ and inserting ‘‘October 
1, 2007, and ending on December 31, 2012’’; and 
(3) in the second sentence, by striking ‘‘the period beginning 
on October 1, 1994, and ending on December 31, 2001’’ and 
inserting ‘‘the same period’’. 
(b) EXTENSION TO MEMBERS INVOLUNTARILY SEPARATED FROM 
SELECTED RESERVE.—Such section is further amended by adding 
at the end the following new subsection: 
‘‘(b) MEMBERS INVOLUNTARILY SEPARATED FROM SELECTED 
RESERVE.—The Secretary of Defense shall prescribe regulations 
to allow a member of the Selected Reserve of the Ready Reserve 
who is involuntarily separated from the Selected Reserve as a 
result of the exercise of the force shaping authority of the Secretary 
concerned under section 647 of this title or other force shaping 
authority during the period beginning on October 1, 2007, and 
ending on December 31, 2012, to continue to use commissary and 
exchange stores during the two-year period beginning on the date 
of the involuntary separation of the member in the same manner 
as a member on active duty. The Secretary of Homeland Security 
shall implement this provision for Coast Guard members involun-
tarily separated during the same period.’’. 
SEC. 652. AUTHORIZATION OF INSTALLMENT DEDUCTIONS FROM PAY 
OF 
EMPLOYEES 
OF 
NONAPPROPRIATED 
FUND 
INSTRUMENTALITIES TO COLLECT INDEBTEDNESS TO 
THE UNITED STATES. 
Section 5514 of title 5, United States Code, is amended— 
(1) in subsection (a)(5), by inserting ‘‘any nonappropriated 
fund instrumentality described in section 2105(c) of this title,’’ 
after ‘‘Commission,’’; and 
(2) by adding at the end the following new subsection: 
‘‘(e) An employee of a nonappropriated fund instrumentality 
described in section 2105(c) of this title is deemed an employee 
covered by this section.’’. 
Regulations. 
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122 STAT. 163 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle F—Consolidation of Special Pay, 
Incentive Pay, and Bonus Authorities 
SEC. 661. CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND 
BONUS AUTHORITIES OF THE UNIFORMED SERVICES. 
(a) CONSOLIDATION.—Chapter 5 of title 37, United States Code, 
is amended— 
(1) by inserting before section 301 the following subchapter 
heading: 
‘‘SUBCHAPTER I—EXISTING SPECIAL PAY, INCENTIVE PAY, 
AND BONUS AUTHORITIES’’; 
and 
(2) by adding at the end the following new subchapters: 
‘‘SUBCHAPTER II—CONSOLIDATION OF SPECIAL PAY, 
INCENTIVE PAY, AND BONUS AUTHORITIES 
‘‘§ 331. General bonus authority for enlisted members 
‘‘(a) AUTHORITY TO PROVIDE BONUS.—The Secretary concerned 
may pay a bonus under this section to a person, including a member 
of the armed forces, who— 
‘‘(1) enlists in an armed force; 
‘‘(2) enlists in or affiliates with a reserve component of 
an armed force; 
‘‘(3) reenlists, voluntarily extends an enlistment, or other-
wise agrees to serve— 
‘‘(A) for a specified period in a designated career field, 
skill, or unit of an armed force; or 
‘‘(B) under other conditions of service in an armed 
force; 
‘‘(4) transfers from a regular component of an armed force 
to a reserve component of that same armed force or from 
a reserve component of an armed force to the regular component 
of that same armed force; or 
‘‘(5) transfers from a regular component or reserve compo-
nent of an armed force to a regular component or reserve 
component of another armed force, subject to the approval 
of the Secretary with jurisdiction over the armed force to which 
the member is transferring. 
‘‘(b) SERVICE ELIGIBILITY.—A bonus authorized by subsection 
(a) may be paid to a person or member only if the person or 
member agrees under subsection (d)— 
‘‘(1) to serve for a specified period in a designated career 
field, skill, unit, or grade; or 
‘‘(2) to meet some other condition or conditions of service 
imposed by the Secretary concerned. 
‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 
‘‘(1) MAXIMUM
AMOUNT.—The Secretary concerned shall 
determine the amount of a bonus to be paid under this section, 
except that— 
‘‘(A) a bonus paid under paragraph (1) or (2) of sub-
section (a) may not exceed $50,000 for a minimum two- 
year period of obligated service agreed to under subsection 
(d); 
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122 STAT. 164 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(B) a bonus paid under paragraph (3) of subsection 
(a) may not exceed $30,000 for each year of obligated 
service in a regular component agreed to under subsection 
(d); 
‘‘(C) a bonus paid under paragraph (3) of subsection 
(a) may not exceed $15,000 for each year of obligated 
service in a reserve component agreed to under subsection 
(d); and 
‘‘(D) a bonus paid under paragraph (4) or (5) of sub-
section (a) may not exceed $10,000. 
‘‘(2) LUMP
SUM
OR
INSTALLMENTS.—A bonus under this 
section may be paid in a lump sum or in periodic installments, 
as determined by the Secretary concerned. 
‘‘(3) FIXING BONUS AMOUNT.—Upon acceptance by the Sec-
retary concerned of the written agreement required by sub-
section (d), the total amount of the bonus to be paid under 
the agreement shall be fixed. 
‘‘(d) WRITTEN AGREEMENT.—To receive a bonus under this sec-
tion, a person or member determined to be eligible for the bonus 
shall enter into a written agreement with the Secretary concerned 
that specifies— 
‘‘(1) the amount of the bonus; 
‘‘(2) the method of payment of the bonus under subsection 
(c)(2); 
‘‘(3) the period of obligated service; and 
‘‘(4) the type or conditions of the service. 
‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—A bonus 
paid to a person or member under this section is in addition 
to any other pay and allowance to which the person or member 
is entitled. 
‘‘(f) RELATIONSHIP
TO PROHIBITION
ON BOUNTIES.—A bonus 
authorized under this section is not a bounty for purposes of section 
514(a) of title 10. 
‘‘(g) REPAYMENT.—A person or member who receives a bonus 
under this section and who fails to complete the period of service, 
or meet the conditions of service, for which the bonus is paid, 
as specified in the written agreement under subsection (d), shall 
be subject to the repayment provisions of section 373 of this title. 
‘‘(h) TERMINATION
OF
AUTHORITY.—No agreement may be 
entered into under this section after December 31, 2009. 
‘‘§ 332. General bonus authority for officers 
‘‘(a) AUTHORITY TO PROVIDE BONUS.—The Secretary concerned 
may pay a bonus under this section to a person, including an 
officer in the uniformed services, who— 
‘‘(1) accepts a commission or appointment as an officer 
in a uniformed service; 
‘‘(2) affiliates with a reserve component of a uniformed 
service; 
‘‘(3) agrees to remain on active duty or to serve in an 
active status for a specific period as an officer in a uniformed 
service; 
‘‘(4) transfers from a regular component of a uniformed 
service to a reserve component of that same uniformed service 
or from a reserve component of a uniformed service to the 
regular component of that same uniformed service; or 
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122 STAT. 165 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(5) transfers from a regular component or reserve compo-
nent of a uniformed service to a regular component or reserve 
component of another uniformed service, subject to the approval 
of the Secretary with jurisdiction over the uniformed service 
to which the member is transferring. 
‘‘(b) SERVICE ELIGIBILITY.—A bonus authorized by subsection 
(a) may be paid to a person or officer only if the person or officer 
agrees under subsection (d)— 
‘‘(1) to serve for a specified period in a designated career 
field, skill, unit, or grade; or 
‘‘(2) to meet some other condition or conditions of service 
imposed by the Secretary concerned. 
‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 
‘‘(1) MAXIMUM
AMOUNT.—The Secretary concerned shall 
determine the amount of a bonus to be paid under this section, 
except that— 
‘‘(A) a bonus paid under paragraph (1) of subsection 
(a) may not exceed $60,000 for a minimum three-year 
period of obligated service agreed to under subsection (d); 
‘‘(B) a bonus paid under paragraph (2) of subsection 
(a) may not exceed $12,000 for a minimum three-year 
period of obligated service agreed to under subsection (d); 
‘‘(C) a bonus paid under paragraph (3) of subsection 
(a) may not exceed $50,000 for each year of obligated 
service in a regular component agreed to under subsection 
(d); 
‘‘(D) a bonus paid under paragraph (3) of subsection 
(a) may not exceed $12,000 for each year of obligated 
service in a reserve component agreed to under subsection 
(d); and 
‘‘(E) a bonus paid under paragraph (4) or (5) of sub-
section (a) may not exceed $10,000. 
‘‘(2) LUMP
SUM
OR
INSTALLMENTS.—A bonus under this 
section may be paid in a lump sum or in periodic installments, 
as determined by the Secretary concerned. 
‘‘(3) FIXING BONUS AMOUNT.—Upon acceptance by the Sec-
retary concerned of the written agreement required by sub-
section (d), the total amount of the bonus to be paid under 
the agreement shall be fixed. 
‘‘(d) WRITTEN AGREEMENT.—To receive a bonus under this sec-
tion, a person or officer determined to be eligible for the bonus 
shall enter into a written agreement with the Secretary concerned 
that specifies— 
‘‘(1) the amount of the bonus; 
‘‘(2) the method of payment of the bonus under subsection 
(c)(2); 
‘‘(3) the period of obligated service; and 
‘‘(4) the type or conditions of the service. 
‘‘(e) RELATIONSHIP
TO OTHER PAY
AND ALLOWANCES.—The 
bonus paid to a person or officer under this section is in addition 
to any other pay and allowance to which the person or officer 
is entitled. 
‘‘(f) REPAYMENT.—A person or officer who receives a bonus 
under this section and who fails to complete the period of service, 
or meet the conditions of service, for which the bonus is paid, 
as specified in the written agreement under subsection (d), shall 
be subject to the repayment provisions of section 373 of this title. 
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122 STAT. 166 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(g) TERMINATION
OF
AUTHORITY.—No agreement may be 
entered into under this section after December 31, 2009. 
‘‘§ 333. Special bonus and incentive pay authorities for 
nuclear officers 
‘‘(a) NUCLEAR OFFICER BONUS.—The Secretary of the Navy 
may pay a nuclear officer bonus under this section to a person, 
including an officer in the Navy, who— 
‘‘(1) is selected for the officer naval nuclear power training 
program in connection with the supervision, operation, and 
maintenance of naval nuclear propulsion plants and agrees 
to serve, upon completion of such training, on active duty 
in connection with the supervision, operation, and maintenance 
of naval nuclear propulsion plants; or 
‘‘(2) has the current technical and operational qualification 
for duty in connection with the supervision, operation, and 
maintenance of naval nuclear propulsion plants and agrees 
to remain on active duty in connection with the supervision, 
operation, and maintenance of naval nuclear propulsion plants. 
‘‘(b) NUCLEAR OFFICER INCENTIVE PAY.—The Secretary of the 
Navy may pay nuclear officer incentive pay under this section 
to an officer in the Navy who— 
‘‘(1) is entitled to basic pay under section 204 of this title; 
and 
‘‘(2) remains on active duty for a specified period while 
maintaining current technical and operational qualifications, 
as approved by the Secretary, for duty in connection with 
the supervision, operation, and maintenance of naval nuclear 
propulsion plants. 
‘‘(c) ADDITIONAL ELIGIBILITY CRITERIA.—The Secretary of the 
Navy may impose such additional criteria for the receipt of a 
nuclear officer bonus or nuclear officer incentive pay under this 
section as the Secretary determines to be appropriate. 
‘‘(d) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 
‘‘(1) MAXIMUM AMOUNT.—The Secretary of the Navy shall 
determine the amounts of a nuclear officer bonus or nuclear 
officer incentive pay to be paid under this section, except that— 
‘‘(A) a nuclear officer bonus paid under subsection (a) 
may not exceed $35,000 for each 12-month period of the 
agreement under subsection (e); and 
‘‘(B) the amount of nuclear officer incentive paid under 
subsection (b) may not exceed $25,000 for each 12-month 
period of qualifying service. 
‘‘(2) LUMP SUM OR INSTALLMENTS.—A nuclear officer bonus 
or nuclear officer incentive pay under this section may be 
paid in a lump sum or in periodic installments. 
‘‘(3) FIXING BONUS AMOUNT.—Upon acceptance by the Sec-
retary concerned of the written agreement required by sub-
section (e), the total amount of the nuclear officer bonus to 
be paid under the agreement shall be fixed. 
‘‘(e) WRITTEN AGREEMENT FOR BONUS.— 
‘‘(1) AGREEMENT REQUIRED.—To receive a nuclear officer 
bonus under subsection (a), a person or officer determined 
to be eligible for the bonus shall enter into a written agreement 
with the Secretary of the Navy that specifies— 
‘‘(A) the amount of the bonus; 
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122 STAT. 167 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(B) the method of payment of the bonus under sub-
section (d)(2); 
‘‘(C) the period of obligated service; and 
‘‘(D) the type or conditions of the service. 
‘‘(2) REPLACEMENT
AGREEMENT.—An officer who is per-
forming obligated service under an agreement for a nuclear 
officer bonus may execute a new agreement to replace the 
existing agreement if the amount to be paid under the new 
agreement will be higher than the amount to be paid under 
the existing agreement. The period of the new agreement shall 
be equal to or exceed the remaining term of the period of 
the officer’s existing agreement. If a new agreement is executed 
under this paragraph, the existing agreement shall be cancelled, 
effective on the day before an anniversary date of the existing 
agreement occurring after the date on which the amount to 
be paid under this paragraph is increased. 
‘‘(f) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—A nuclear 
officer bonus or nuclear officer incentive pay paid to a person 
or officer under this section is in addition to any other pay and 
allowance to which the person or officer is entitled, except that 
a person or officer may not receive a payment under this section 
and section 332 or 353 of this title for the same skill and period 
of service. 
‘‘(g) REPAYMENT.—A person or officer who receives a nuclear 
officer bonus or nuclear officer incentive pay under this section 
and who fails to complete the officer naval nuclear power training 
program, maintain required technical and operational qualifications, 
complete the period of service, or meet the types or conditions 
of service for which the bonus or incentive pay is paid, as specified 
in the written agreement under subsection (e) in the case of a 
nuclear officer bonus, shall be subject to the repayment provisions 
of section 373 of this title. 
‘‘(h) REGULATIONS.—This section shall be administered under 
regulations prescribed by the Secretary of the Navy. 
‘‘(i) TERMINATION
OF
AUTHORITY.—No agreement may be 
entered into under this section after December 31, 2009. 
‘‘§ 334. Special aviation incentive pay and bonus authorities 
for officers 
‘‘(a) AVIATION INCENTIVE PAY.—The Secretary concerned may 
pay aviation incentive pay under this section to an officer in a 
regular or reserve component of a uniformed service who— 
‘‘(1) is entitled to basic pay under section 204 of this title 
or compensation under section 206 of this title; 
‘‘(2) maintains, or is in training leading to, an aeronautical 
rating or designation that qualifies the officer to engage in 
operational flying duty or proficiency flying duty; 
‘‘(3) engages in, or is in training leading to, frequent and 
regular performance of operational flying duty or proficiency 
flying duty; 
‘‘(4) engages in or remains in aviation service for a specified 
period; and 
‘‘(5) meets such other criteria as the Secretary concerned 
determines appropriate. 
‘‘(b) AVIATION BONUS.—The Secretary concerned may pay an 
aviation bonus under this section to an officer in a regular or 
reserve component of a uniformed service who— 
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122 STAT. 168 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(1) is entitled to aviation incentive pay under subsection 
(a); 
‘‘(2) has completed any active duty service commitment 
incurred for undergraduate aviator training or is within one 
year of completing such commitment; 
‘‘(3) executes a written agreement to remain on active 
duty in a regular component or to serve in an active status 
in a reserve component in aviation service for at least one 
year; and 
‘‘(4) meets such other criteria as the Secretary concerned 
determines appropriate. 
‘‘(c) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 
‘‘(1) MAXIMUM
AMOUNT.—The Secretary concerned shall 
determine the amount of a bonus or incentive pay to be paid 
under this section, except that— 
‘‘(A) aviation incentive pay under subsection (a) shall 
be paid at a monthly rate, not to exceed $850 per month; 
and 
‘‘(B) an aviation bonus under subsection (b) may not 
exceed $25,000 for each 12-month period of obligated 
service agreed to under subsection (d). 
‘‘(2) LUMP
SUM
OR
INSTALLMENTS.—A bonus under this 
section may be paid in a lump sum or in periodic installments, 
as determined by the Secretary concerned. 
‘‘(3) FIXING BONUS AMOUNT.—Upon acceptance by the Sec-
retary concerned of the written agreement required by sub-
section (d), the total amount of the bonus to be paid under 
the agreement shall be fixed. 
‘‘(d) WRITTEN AGREEMENT FOR BONUS.—To receive an aviation 
officer bonus under this section, an officer determined to be eligible 
for the bonus shall enter into a written agreement with the Sec-
retary concerned that specifies— 
‘‘(1) the amount of the bonus; 
‘‘(2) the method of payment of the bonus under subsection 
(c)(2); 
‘‘(3) the period of obligated service; and 
‘‘(4) the type or conditions of the service. 
‘‘(e) RESERVE COMPONENT OFFICERS PERFORMING INACTIVE 
DUTY TRAINING.—A reserve component officer who is entitled to 
compensation under section 206 of this title and who is authorized 
aviation incentive pay under this section may be paid an amount 
of incentive pay that is proportionate to the compensation received 
under section 206 for inactive-duty training. 
‘‘(f) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.— 
‘‘(1) AVIATION INCENTIVE PAY.—Aviation incentive pay paid 
to an officer under subsection (a) shall be in addition to any 
other pay and allowance to which the officer is entitled, except 
that an officer may not receive a payment under such subsection 
and section 351 or 353 of this title for the same skill and 
period of service. 
‘‘(2) AVIATION BONUS.—An aviation bonus paid to an officer 
under subsection (b) shall be in addition to any other pay 
and allowance to which the officer is entitled, except that 
an officer may not receive a payment under such subsection 
and section 332 or 353 of this title for the same skill and 
period of service. 
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122 STAT. 169 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(g) REPAYMENT.—An officer who receives aviation incentive 
pay or an aviation bonus under this section and who fails to fulfill 
the eligibility requirements for the receipt of the incentive pay 
or bonus or complete the period of service for which the incentive 
pay or bonus is paid, as specified in the written agreement under 
subsection (d) in the case of a bonus, shall be subject to the repay-
ment provisions of section 373 of this title. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) The term ‘aviation service’ means service performed 
by an officer in a regular or reserve component (except a flight 
surgeon or other medical officer) while holding an aeronautical 
rating or designation or while in training to receive an aero-
nautical rating or designation. 
‘‘(2) The term ‘operational flying duty’ means flying per-
formed under competent orders by rated or designated regular 
or reserve component officers while serving in assignments 
in which basic flying skills normally are maintained in the 
performance of assigned duties as determined by the Secretary 
concerned, and flying performed by members in training that 
leads to the award of an aeronautical rating or designation. 
‘‘(3) The term ‘proficiency flying duty’ means flying per-
formed under competent orders by rated or designated regular 
or reserve component officers while serving in assignments 
in which such skills would normally not be maintained in 
the performance of assigned duties. 
‘‘(4) The term ‘officer’ includes an individual enlisted and 
designated as an aviation cadet under section 6911 of title 
10. 
‘‘(i) TERMINATION
OF
AUTHORITY.—No agreement may be 
entered into under this section after December 31, 2009. 
‘‘§ 335. Special bonus and incentive pay authorities for offi-
cers in health professions 
‘‘(a) HEALTH PROFESSIONS BONUS.—The Secretary concerned 
may pay a health professions bonus under this section to a person, 
including an officer in the uniformed services, who is a graduate 
of an accredited school in a health profession and who— 
‘‘(1) accepts a commission or appointment as an officer 
in a regular or reserve component of a uniformed service, 
or affiliates with a reserve component of a uniformed service, 
and agrees to serve on active duty in a regular component 
or in an active status in a reserve component in a health 
profession; 
‘‘(2) accepts a commission or appointment as an officer 
and whose health profession specialty is designated by the 
Secretary of Defense as a critically short wartime specialty; 
or 
‘‘(3) agrees to remain on active duty or continue serving 
in an active status in a reserve component in a health profes-
sion. 
‘‘(b) HEALTH PROFESSIONS INCENTIVE PAY.—The Secretary con-
cerned may pay incentive pay under this section to an officer 
in a regular or reserve component of a uniformed service who— 
‘‘(1) is entitled to basic pay under section 204 of this title 
or compensation under section 206 of this title; and 
‘‘(2) is serving on active duty or in an active status in 
a designated health profession specialty or skill. 
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122 STAT. 170 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(c) BOARD CERTIFICATION INCENTIVE PAY.—The Secretary con-
cerned may pay board certification incentive pay under this section 
to an officer in a regular or reserve component of a uniformed 
service who— 
‘‘(1) is entitled to basic pay under section 204 of this title 
or compensation under section 206 of this title; 
‘‘(2) is board certified in a designated health profession 
specialty or skill; and 
‘‘(3) is serving on active duty or in an active status in 
such designated health profession specialty or skill. 
‘‘(d) ADDITIONAL ELIGIBILITY CRITERIA.—The Secretary con-
cerned may impose such additional criteria for the receipt of a 
bonus or incentive pay under this section as the Secretary deter-
mines to be appropriate. 
‘‘(e) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 
‘‘(1) MAXIMUM
AMOUNT.—The Secretary concerned shall 
determine the amounts of a bonus or incentive pay to be paid 
under this section, except that— 
‘‘(A) a health professions bonus paid under paragraph 
(1) of subsection (a) may not exceed $30,000 for each 12- 
month period of obligated service agreed to under sub-
section (f); 
‘‘(B) a health professions bonus paid under paragraph 
(2) of subsection (a) may not exceed $100,000 for each 
12-month period of obligated service agreed to under sub-
section (f); 
‘‘(C) a health professions bonus paid under paragraph 
(3) of subsection (a) may not exceed $75,000 for each 12- 
month period of obligated service agreed to under sub-
section (f); 
‘‘(D) health professions incentive pay under subsection 
(b) may be paid monthly and may not exceed, in any 
12-month period— 
‘‘(i) $100,000 for medical officers and dental sur-
geons; and 
‘‘(ii) $15,000 for officers in other health professions; 
and 
‘‘(E) board certification incentive pay under subsection 
(c) may not exceed $6,000 for each 12-month period an 
officer remains certified in the designated health profession 
specialty or skill. 
‘‘(2) LUMP SUM OR INSTALLMENTS.—A health professions 
bonus under subsection (a) may be paid in a lump sum or 
in periodic installments, as determined by the Secretary con-
cerned. Board certification incentive pay under subsection (c) 
may be paid monthly, in a lump sum at the beginning of 
the certification period, or in periodic installments during the 
certification period, as determined by the Secretary concerned. 
‘‘(3) FIXING BONUS AMOUNT.—Upon acceptance by the Sec-
retary concerned of the written agreement required by sub-
section (f), the total amount of the health professions bonus 
to be paid under the agreement shall be fixed. 
‘‘(f) WRITTEN AGREEMENT
FOR BONUS.—To receive a bonus 
under this section, an officer determined to be eligible for the 
bonus shall enter into a written agreement with the Secretary 
concerned that specifies— 
‘‘(1) the amount of the bonus; 
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122 STAT. 171 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(2) the method of payment of the bonus under subsection 
(e)(2); 
‘‘(3) the period of obligated service; 
‘‘(4) whether the service will be performed on active duty 
or in an active status in a reserve component; and 
‘‘(5) the type or conditions of the service. 
‘‘(g) RESERVE COMPONENT OFFICERS.—An officer in a reserve 
component authorized incentive pay under subsection (b) or (c) 
who is not serving on continuous active duty and is entitled to 
compensation under section 204 of this title or compensation under 
section 206 of this title may be paid a monthly amount of incentive 
pay that is proportionate to the basic pay or compensation received 
under this title. 
‘‘(h) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.— 
‘‘(1) HEALTH PROFESSIONS BONUS.—A bonus paid to a per-
son or officer under subsection (a) shall be in addition to any 
other pay and allowance to which the person or officer is 
entitled, except that a person or officer may not receive a 
payment under such subsection and section 332 of this title 
for the same period of obligated service. 
‘‘(2) HEALTH PROFESSIONS INCENTIVE PAY.—Incentive pay 
paid to an officer under subsection (b) shall be in addition 
to any other pay and allowance to which an officer is entitled, 
except that an officer may not receive a payment under such 
subsection and section 353 of this title for the same skill and 
period of service. 
‘‘(3) BOARD CERTIFICATION INCENTIVE PAY.—Incentive pay 
paid to an officer under subsection (c) shall be in addition 
to any other pay and allowance to which an officer is entitled, 
except that an officer may not receive a payment under such 
subsection and section 353(b) of this title for the same skill 
and period of service covered by the certification. 
‘‘(i) REPAYMENT.—An officer who receives a bonus or incentive 
pay under this section and who fails to fulfill the eligibility require-
ments for the receipt of the bonus or incentive pay or complete 
the period of service for which the bonus or incentive pay is paid, 
as specified in the written agreement under subsection (f) in the 
case of a bonus, shall be subject to the repayment provisions of 
section 373 of this title. 
‘‘(j) HEALTH PROFESSION DEFINED.—In this section, the term 
‘health profession’ means the following: 
‘‘(1) Any health profession performed by officers in the 
Medical Corps of a uniformed service or by officers designated 
as a medical officer. 
‘‘(2) Any health profession performed by officers in the 
Dental Corps of a uniformed service or by officers designated 
as a dental officer. 
‘‘(3) Any health profession performed by officers in the 
Medical Service Corps of a uniformed service or by officers 
designated as a medical service officer or biomedical sciences 
officer. 
‘‘(4) Any health profession performed by officers in the 
Medical Specialist Corps of a uniformed service or by officers 
designated as a medical specialist. 
‘‘(5) Any health profession performed by officers of the 
Nurse Corps of a uniformed service or by officers designated 
as a nurse. 
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122 STAT. 172 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(6) Any health profession performed by officers in the 
Veterinary Corps of a uniformed service or by officers des-
ignated as a veterinary officer. 
‘‘(7) Any health profession performed by officers designated 
as a physician assistant. 
‘‘(8) Any health profession performed by officers in the 
regular or reserve corps of the Public Health Service. 
‘‘(k) TERMINATION
OF
AUTHORITY.—No agreement may be 
entered into under this section after December 31, 2009. 
‘‘§ 351. Hazardous duty pay 
‘‘(a) HAZARDOUS DUTY PAY.—The Secretary concerned may pay 
hazardous duty pay under this section to a member of a regular 
or reserve component of the uniformed services entitled to basic 
pay under section 204 of this title or compensation under section 
206 of this title who— 
‘‘(1) performs duty in a hostile fire area designated by 
the Secretary concerned, is exposed to a hostile fire event, 
explosion of a hostile explosive device, or any other hostile 
action, or is on duty during a month in an area in which 
a hostile event occurred which placed the member in grave 
danger of physical injury; 
‘‘(2) performs duty designated by the Secretary concerned 
as hazardous duty based upon the inherent dangers of that 
duty and risks of physical injury; or 
‘‘(3) performs duty in a foreign area designated by the 
Secretary concerned as an area in which the member is subject 
to imminent danger of physical injury due to threat conditions. 
‘‘(b) MAXIMUM AMOUNT.—The amount of hazardous duty pay 
paid to a member under subsection (a) shall be based on the 
type of duty and the area in which the duty is performed, as 
follows: 
‘‘(1) In the case of a member who performs duty in a 
designated hostile fire area, as described in subsection (a)(1), 
hazardous duty pay may not exceed $450 per month. 
‘‘(2) In the case of a member who performs a designated 
hazardous duty, as described in subsection (a)(2), hazardous 
duty pay may not exceed $250 per month. 
‘‘(3) In the case of a member who performs duty in a 
foreign area designated as an imminent danger area, as 
described in subsection (a)(3), hazardous duty pay may not 
exceed $250 per month. 
‘‘(c) METHOD OF PAYMENT.—Hazardous duty pay shall be paid 
on a monthly basis. A member who is eligible for hazardous duty 
pay by reason of subsection (a) shall receive the full monthly rate 
of hazardous duty pay authorized by the Secretary concerned under 
such paragraph, notwithstanding subsection (d). 
‘‘(d) RESERVE COMPONENT MEMBERS PERFORMING INACTIVE 
DUTY TRAINING.—A member of a reserve component entitled to 
compensation under section 206 of this title who is authorized 
hazardous duty pay under this section may be paid an amount 
of hazardous duty pay that is proportionate to the compensation 
received by the member under section 206 of this title for inactive- 
duty training. 
‘‘(e) ADMINISTRATION AND RETROACTIVE PAYMENTS.—The effec-
tive date for the designation of a hostile fire area, as described 
in paragraph (1) of subsection (a), and for the designation of a 
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122 STAT. 173 
PUBLIC LAW 110–181—JAN. 28, 2008 
foreign area as an imminent danger area, as described in paragraph 
(3) of such subsection, may be a date that occurs before, on, or 
after the actual date of the designation by the Secretary concerned. 
‘‘(f) DETERMINATION OF FACT.—Any determination of fact that 
is made in administering subsection (a) is conclusive. The deter-
mination may not be reviewed by any other officer or agency of 
the United States unless there has been fraud or gross negligence. 
However, the Secretary concerned may change the determination 
on the basis of new evidence or for other good cause. The regulations 
prescribed to administer this section shall define the activities 
that are considered hazardous for purposes of subsection (a)(2). 
‘‘(g) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.— 
‘‘(1) IN
ADDITION
TO
OTHER
PAY
AND
ALLOWANCES.—A 
member may be paid hazardous duty pay under this section 
in addition to any other pay and allowances to which the 
member is entitled. The regulations prescribed to administer 
this section shall address dual compensation under this section 
for multiple circumstances involving performance of a des-
ignated hazardous duty, as described in paragraph (2) of sub-
section (a), or for duty in certain designated areas, as described 
in paragraph (1) or (3) of such subsection, that is performed 
by a member during a single month of service. 
‘‘(2) LIMITATION.—A member may not receive hazardous 
duty pay under this section for a month for more than three 
qualifying instances described in subsection (a)(2). 
‘‘(h) PROHIBITION ON VARIABLE RATES.—The regulations pre-
scribed to administer this section may not include varied criteria 
or rates for payment of hazardous duty for officers and enlisted 
members. 
‘‘(i) TERMINATION
OF AUTHORITY.—No hazardous duty pay 
under this section may be paid after December 31, 2009. 
‘‘§ 352. Assignment pay or special duty pay 
‘‘(a) ASSIGNMENT OR SPECIAL DUTY PAY AUTHORIZED.—The Sec-
retary concerned may pay assignment or special duty pay under 
this section to a member of a regular or reserve component of 
the uniformed services who— 
‘‘(1) is entitled to basic pay under section 204 of this title 
or compensation under section 206 of this title; and 
‘‘(2) performs duties in an assignment, location, or unit 
designated by, and under the conditions of service specified 
by, the Secretary concerned. 
‘‘(b) MAXIMUM AMOUNT AND METHOD OF PAYMENT.— 
‘‘(1) LUMP SUM OR INSTALLMENTS.—Assignment or special 
duty pay under subsection (a) may be paid monthly, in a 
lump sum, or in periodic installments other than monthly, 
as determined by the Secretary concerned. 
‘‘(2) MAXIMUM MONTHLY AMOUNT.—The maximum monthly 
amount of assignment or special duty pay may not exceed 
$5,000. 
‘‘(3) MAXIMUM LUMP SUM AMOUNT.—The amount of a lump 
sum payment of assignment or special duty pay payable to 
a member may not exceed the amount equal to the product 
of— 
‘‘(A) the maximum monthly rate authorized under 
paragraph (2) at the time the member enters into a written 
agreement under subsection (c); and 
Regulations. 
Regulations. 
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122 STAT. 174 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(B) the number of continuous months in the period 
for which assignment or special duty pay will be paid 
pursuant to the agreement. 
‘‘(4) MAXIMUM INSTALLMENT AMOUNT.—The amount of each 
installment payment of assignment or special duty pay payable 
to a member on an installment basis may not exceed the 
amount equal to— 
‘‘(A) the product of— 
‘‘(i) a monthly rate specified in the written agree-
ment entered into under subsection (c), which monthly 
rate may not exceed the maximum monthly rate 
authorized under paragraph (2) at the time the member 
enters into the agreement; and 
‘‘(ii) the number of continuous months in the period 
for which the assignment or special duty pay will be 
paid; divided by 
‘‘(B) the number of installments over such period. 
‘‘(5) EFFECT
OF
EXTENSION.—If a member extends an 
assignment or performance of duty specified in an agreement 
with the Secretary concerned under subsection (c), assignment 
or special duty pay for the period of the extension may be 
paid on a monthly basis, in a lump sum, or in installments, 
consistent with this subsection. 
‘‘(c) WRITTEN AGREEMENT.— 
‘‘(1) DISCRETIONARY
FOR
MONTHLY
PAYMENTS.—The Sec-
retary concerned may require a member to enter into a written 
agreement with the Secretary in order to qualify for the pay-
ment of assignment or special duty pay on a monthly basis. 
The written agreement shall specify the period for which the 
assignment or special duty pay will be paid to the member 
and the monthly rate of the assignment or special duty pay. 
‘‘(2) REQUIRED FOR LUMP SUM OR INSTALLMENT PAYMENTS.— 
The Secretary concerned shall require a member to enter into 
a written agreement with the Secretary in order to qualify 
for payment of assignment or special duty pay on a lump 
sum or installment basis. The written agreement shall specify 
the period for which the assignment or special duty pay will 
be paid to the member and the amount of the lump sum 
or each periodic installment. 
‘‘(d) RESERVE COMPONENT MEMBERS PERFORMING INACTIVE 
DUTY TRAINING.—A member of a reserve component entitled to 
compensation under section 206 of this title who is authorized 
assignment or special duty pay under this section may be paid 
an amount of assignment or special duty pay that is proportionate 
to the compensation received by the member under section 206 
of this title for inactive-duty training. 
‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—Assign-
ment or special duty pay paid to a member under this section 
is in addition to any other pay and allowances to which the member 
is entitled. 
‘‘(f) REPAYMENT.—A member who receives assignment or special 
duty pay under this section and who fails to fulfill the eligibility 
requirements under subsection (a) for receipt of such pay shall 
be subject to the repayment provisions of section 373 of this title. 
‘‘(g) TERMINATION
OF
AUTHORITY.—No agreement may be 
entered into under this section after December 31, 2009. 
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122 STAT. 175 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘§ 353. Skill incentive pay or proficiency bonus 
‘‘(a) SKILL INCENTIVE PAY.—The Secretary concerned may pay 
a monthly skill incentive pay to a member of a regular or reserve 
component of the uniformed services who— 
‘‘(1) is entitled to basic pay under section 204 of this title 
or compensation under section 206 of this title; and 
‘‘(2) serves in a career field or skill designated as critical 
by the Secretary concerned. 
‘‘(b) SKILL PROFICIENCY BONUS.—The Secretary concerned may 
pay a proficiency bonus to a member of a regular or reserve compo-
nent of the uniformed services who— 
‘‘(1) is entitled to basic pay under section 204 of this title 
or compensation under section 206 of this title; and 
‘‘(2) is determined to have, and maintains, certified pro-
ficiency under subsection (d) in a skill designated as critical 
by the Secretary concerned. 
‘‘(c) MAXIMUM AMOUNTS AND METHODS OF PAYMENT.— 
‘‘(1) SKILL INCENTIVE PAY.—Skill incentive pay under sub-
section (a) shall be paid monthly in an amount not to exceed 
$1,000 per month. 
‘‘(2) PROFICIENCY BONUS.—A proficiency bonus under sub-
section (b) may be paid in a lump sum at the beginning of 
the proficiency certification period or in periodic installments 
during the proficiency certification period. The amount of the 
bonus may not exceed $12,000 for each 12-month period of 
certification. The Secretary concerned may not vary the criteria 
or rates for the proficiency bonus paid for officers and enlisted 
members. 
‘‘(d) CERTIFIED PROFICIENCY FOR PROFICIENCY BONUS.— 
‘‘(1) CERTIFICATION REQUIRED.—Proficiency in a designated 
critical skill for purposes of subsection (b) shall be subject 
to annual certification by the Secretary concerned. 
‘‘(2) DURATION OF CERTIFICATION.—A certification period 
for purposes of subsection (c)(2) shall expire at the end of 
the one-year period beginning on the first day of the first 
month beginning on or after the certification date. 
‘‘(3) WAIVER.—Notwithstanding paragraphs (1) and (2), the 
regulations prescribed to administer this section shall address 
the circumstances under which the Secretary concerned may 
waive the certification requirement under paragraph (1) or 
extend a certification period under paragraph (2). 
‘‘(e) WRITTEN AGREEMENT.— 
‘‘(1) DISCRETIONARY FOR SKILL INCENTIVE PAY.—The Sec-
retary concerned may require a member to enter into a written 
agreement with the Secretary in order to qualify for the pay-
ment of skill incentive pay under subsection (a). The written 
agreement shall specify the period for which the skill incentive 
pay will be paid to the member and the monthly rate of the 
pay. 
‘‘(2) REQUIRED
FOR
PROFICIENCY
BONUS.—The Secretary 
concerned shall require a member to enter into a written agree-
ment with the Secretary in order to qualify for payment of 
a proficiency bonus under subsection (b). The written agreement 
shall specify the amount of the proficiency bonus, the period 
for which the bonus will be paid, and the initial certification 
or recertification necessary for payment of the proficiency 
bonus. 
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122 STAT. 176 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(f) RESERVE COMPONENT MEMBERS PERFORMING INACTIVE 
DUTY TRAINING.— 
‘‘(1) PRORATION.—A member of a reserve component enti-
tled to compensation under section 206 of this title who is 
authorized skill incentive pay under subsection (a) or a skill 
proficiency bonus under subsection (b) may be paid an amount 
of the pay or bonus, as the case may be, that is proportionate 
to the compensation received by the member under section 
206 of this title for inactive-duty training. 
‘‘(2) EXCEPTION FOR FOREIGN LANGUAGE PROFICIENCY.—No 
reduction in the amount of a skill proficiency bonus may be 
made under paragraph (1) in the case of a member of a reserve 
component who is authorized the bonus because of the member’s 
proficiency in a foreign language. 
‘‘(g) REPAYMENT.—A member who receives skill incentive pay 
or a proficiency bonus under this section and who fails to fulfill 
the eligibility requirement for receipt of the pay or bonus shall 
be subject to the repayment provisions of section 373 of this title. 
‘‘(h) RELATIONSHIP
TO
OTHER
PAYS
AND
ALLOWANCES.—A 
member may not be paid more than one pay under this section 
in any month for the same period of service and skill. A member 
may be paid skill incentive pay or the proficiency bonus under 
this section in addition to any other pay and allowances to which 
the member is entitled, except that a member may not be paid 
skill incentive pay or a proficiency bonus under this section and 
hazardous duty pay under section 351 of this title for the same 
period of service in the same career field or skill. 
‘‘(i) TERMINATION
OF
AUTHORITY.—No agreement may be 
entered into under this section after December 31, 2009. 
‘‘SUBCHAPTER III—GENERAL PROVISIONS 
‘‘§ 371. Relationship to other incentives and pays 
‘‘(a) TREATMENT.—A bonus or incentive pay paid to a member 
of the uniformed services under subchapter II is in addition to 
any other pay and allowance to which a member is entitled, unless 
otherwise provided under this chapter. 
‘‘(b) EXCEPTION.—A member may not receive a bonus or incen-
tive pay under both subchapter I and subchapter II for the same 
activity, skill, or period of service. 
‘‘(c) RELATIONSHIP TO OTHER COMPUTATIONS.—The amount of 
a bonus or incentive pay to which a member is entitled under 
subchapter II may not be included in computing the amount of— 
‘‘(1) any increase in pay authorized by any other provision 
of this title; or 
‘‘(2) any retired pay, retainer pay, separation pay, or dis-
ability severance pay. 
‘‘§ 372. Continuation of pays during hospitalization and 
rehabilitation resulting from wounds, injury, or 
illness incurred while on duty in a hostile fire 
area or exposed to an event of hostile fire or 
other hostile action 
‘‘(a) CONTINUATION
OF PAYS.—If a member of a regular or 
reserve component of a uniformed service incurs a wound, injury, 
or illness in the line of duty while serving in a combat operation 
or a combat zone, while serving in a hostile fire area, or while 
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122 STAT. 177 
PUBLIC LAW 110–181—JAN. 28, 2008 
exposed to a hostile fire event, as described under section 351 
of this title, and is hospitalized for treatment of the wound, injury, 
or illness, the Secretary concerned may continue to pay to the 
member, notwithstanding any provision of this chapter to the con-
trary, all pay and allowances (including any bonus, incentive pay, 
or similar benefit) that were being paid to the member at the 
time the member incurred the wound, injury, or illness. 
‘‘(b) DURATION.—The payment of pay and allowances to a 
member under subsection (a) may continue until the end of the 
first month beginning after the earliest of the following dates: 
‘‘(1) The date on which the member is returned for assign-
ment to other than a medical or patient unit for duty. 
‘‘(2) One year after the date on which the member is 
first hospitalized for the treatment of the wound, injury, or 
illness, except that the Secretary concerned may extend the 
termination date in six-month increments. 
‘‘(3) The date on which the member is discharged, sepa-
rated, or retired (including temporary disability retirement) 
from the uniformed services. 
‘‘(c) BONUS, INCENTIVE PAY, OR SIMILAR BENEFIT DEFINED.— 
In this section, the term ‘bonus, incentive pay, or similar benefit’ 
means a bonus, incentive pay, special pay, or similar payment 
paid to a member of the uniformed services under this title or 
title 10. 
‘‘§ 373. Repayment of unearned portion of bonus, incentive 
pay, or similar benefit when conditions of pay-
ment not met 
‘‘(a) REPAYMENT.—Except as provided in subsection (b), a 
member of the uniformed services who is paid a bonus, incentive 
pay, or similar benefit, the receipt of which is contingent upon 
the member’s satisfaction of certain service or eligibility require-
ments, shall repay to the United States any unearned portion 
of the bonus, incentive pay, or similar benefit if the member fails 
to satisfy any such service or eligibility requirement. 
‘‘(b) EXCEPTIONS.—The regulations prescribed to administer this 
section may specify procedures for determining the circumstances 
under which an exception to the required repayment may be 
granted. 
‘‘(c) EFFECT OF BANKRUPTCY.—An obligation to repay the United 
States under this section is, for all purposes, a debt owed the 
United States. A discharge in bankruptcy under title 11 does not 
discharge a person from such debt if the discharge order is entered 
less than five years after— 
‘‘(1) the date of the termination of the agreement or contract 
on which the debt is based; or 
‘‘(2) in the absence of such an agreement or contract, the 
date of the termination of the service on which the debt is 
based. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘bonus, incentive pay, or similar benefit’ 
means a bonus, incentive pay, special pay, or similar payment, 
or an educational benefit or stipend, paid to a member of 
the uniformed services under a provision of law that refers 
to the repayment requirements of this section or section 303a(e) 
of this title. 
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122 STAT. 178 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(2) The term ‘service’, as used in subsection (c)(2), refers 
to an obligation willingly undertaken by a member of the uni-
formed services, in exchange for a bonus, incentive pay, or 
similar benefit offered by the Secretary concerned— 
‘‘(A) to a member in a regular or reserve component 
who remains on active duty or in an active status; 
‘‘(B) to perform duty in a specified skill, with or without 
a specified qualification or credential; 
‘‘(C) to perform duty in a specified assignment, location 
or unit; or 
‘‘(D) to perform duty for a specified period of time. 
‘‘§ 374. Regulations 
‘‘This subchapter and subchapter II shall be administered under 
regulations prescribed by— 
‘‘(1) the Secretary of Defense, with respect to the armed 
forces under the jurisdiction of the Secretary of Defense; 
‘‘(2) the Secretary of Homeland Security, with respect to 
the Coast Guard when it is not operating as a service in 
the Navy; 
‘‘(3) the Secretary of Health and Human Services, with 
respect to the commissioned corps of the Public Health Service; 
and 
‘‘(4) the Secretary of Commerce, with respect to the 
National Oceanic and Atmospheric Administration.’’. 
(b) TRANSFER
OF 15-YEAR CAREER STATUS BONUS
TO SUB-
CHAPTER II.— 
(1) TRANSFER.—Section 322 of title 37, United States Code, 
is transferred to appear after section 353 of subchapter II 
of chapter 5 of such title, as added by subsection (a), and 
is redesignated as section 354. 
(2) CONFORMING AMENDMENT.—Subsection (f) of such sec-
tion, as so transferred and redesignated, is amended by striking 
‘‘section 303a(e)’’ and inserting ‘‘section 373’’. 
(3) CROSS REFERENCES.—Sections 1401a, 1409(b)(2), and 
1410 of title 10, United States Code, are amended by striking 
‘‘section 322’’ each place it appears and inserting ‘‘section 322 
(as in effect before the enactment of the National Defense 
Authorization Act for Fiscal Year 2008) or section 354’’. 
(c) TRANSFER OF RETENTION INCENTIVES FOR MEMBERS QUALI-
FIED IN CRITICAL MILITARY SKILLS OR ASSIGNED TO HIGH PRIORITY 
UNITS.— 
(1) TRANSFER.—Section 323 of title 37, United States Code, 
as amended by sections 614 and 622, is transferred to appear 
after section 354 of subchapter II of chapter 5 of such title, 
as transferred and redesignated by subsection (b)(1), and is 
redesignated as section 355. 
(2) CONFORMING AMENDMENT.—Subsection (g) of such sec-
tion, as so transferred and redesignated, is amended by striking 
‘‘section 303a(e)’’ and inserting ‘‘section 373’’. 
(d) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 5 of title 37, United States Code, is amended 
to read as follows: 
‘‘SUBCHAPTER I—EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES 
‘‘Sec. 
‘‘301. Incentive pay: hazardous duty. 
‘‘301a. Incentive pay: aviation career. 
37 USC 355. 
37 USC 354. 
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122 STAT. 179 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘301b. Special pay: aviation career officers extending period of active duty. 
‘‘301c. Incentive pay: submarine duty. 
‘‘301d. Multiyear retention bonus: medical officers of the armed forces. 
‘‘301e. Multiyear retention bonus: dental officers of the armed forces. 
‘‘302. Special pay: medical officers of the armed forces. 
‘‘302a. Special pay: optometrists. 
‘‘302b. Special pay: dental officers of the armed forces. 
‘‘302c. Special pay: psychologists and nonphysician health care providers. 
‘‘302d. Special pay: accession bonus for registered nurses. 
‘‘302e. Special pay: nurse anesthetists. 
‘‘302f. Special pay: reserve, recalled, or retained health care officers. 
‘‘302g. Special pay: Selected Reserve health care professionals in critically short 
wartime specialties. 
‘‘302h. Special pay: accession bonus for dental officers. 
‘‘302i. Special pay: pharmacy officers. 
‘‘302j. Special pay: accession bonus for pharmacy officers. 
‘‘302k. Special pay: accession bonus for medical officers in critically short wartime 
specialties. 
‘‘302l. Special pay: accession bonus for dental specialist officers in critically short 
wartime specialties. 
‘‘303. Special pay: veterinarians. 
‘‘303a. Special pay: general provisions. 
‘‘303b. Waiver of board certification requirements. 
‘‘304. Special pay: diving duty. 
‘‘305. Special pay: hardship duty pay. 
‘‘305a. Special pay: career sea pay. 
‘‘305b. Special pay: service as member of Weapons of Mass Destruction Civil Sup-
port Team. 
‘‘306. Special pay: officers holding positions of unusual responsibility and of critical 
nature. 
‘‘306a. Special pay: members assigned to international military headquarters. 
‘‘307. Special pay: special duty assignment pay for enlisted members. 
‘‘307a. Special pay: assignment incentive pay. 
‘‘308. Special pay: reenlistment bonus. 
‘‘308b. Special pay: reenlistment bonus for members of the Selected Reserve. 
‘‘308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve. 
‘‘308d. Special pay: members of the Selected Reserve assigned to certain high pri-
ority units. 
‘‘308g. Special pay: bonus for enlistment in elements of the Ready Reserve other 
than the Selected Reserve. 
‘‘308h. Special pay: bonus for reenlistment, enlistment, or voluntary extension of en-
listment in elements of the Ready Reserve other than the Selected Re-
serve. 
‘‘308i. Special pay: prior service enlistment bonus. 
‘‘308j. Special pay: affiliation bonus for officers in the Selected Reserve. 
‘‘309. Special pay: enlistment bonus. 
‘‘310. Special pay: duty subject to hostile fire or imminent danger. 
‘‘312. Special pay: nuclear-qualified officers extending period of active duty. 
‘‘312b. Special pay: nuclear career accession bonus. 
‘‘312c. Special pay: nuclear career annual incentive bonus. 
‘‘314. Special pay or bonus: qualified members extending duty at designated loca-
tions overseas. 
‘‘315. Special pay: engineering and scientific career continuation pay. 
‘‘316. Special pay: bonus for members with foreign language proficiency. 
‘‘317. Special pay: officers in critical acquisition positions extending period of active 
duty. 
‘‘318. Special pay: special warfare officers extending period of active duty. 
‘‘319. Special pay: surface warfare officer continuation pay. 
‘‘320. Incentive pay: career enlisted flyers. 
‘‘321. Special pay: judge advocate continuation pay. 
‘‘324. Special pay: accession bonus for new officers in critical skills. 
‘‘325. Incentive bonus: savings plan for education expenses and other contingencies. 
‘‘326. Incentive bonus: conversion to military occupational specialty to ease per-
sonnel shortage. 
‘‘327. Incentive bonus: transfer between armed forces. 
‘‘328. Combat-related injury rehabilitation pay. 
‘‘329. Incentive bonus: retired members and reserve component members volun-
teering for high-demand, low-density assignments. 
‘‘330. Special pay: accession bonus for officer candidates. 
‘‘SUBCHAPTER II—CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS 
AUTHORITIES 
‘‘331. General bonus authority for enlisted members. 
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122 STAT. 180 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘332. General bonus authority for officers. 
‘‘333. Special bonus and incentive pay authorities for nuclear officers. 
‘‘334. Special aviation incentive pay and bonus authorities for officers. 
‘‘335. Special bonus and incentive pay authorities for officers in health professions. 
‘‘351. Hazardous duty pay. 
‘‘352. Assignment pay or special duty pay. 
‘‘353. Skill incentive pay or proficiency bonus. 
‘‘354. Special pay: 15-year career status bonus for members entering service on or 
after August 1, 1986. 
‘‘355. Special pay: retention incentives for members qualified in critical military 
skills or assigned to high priority units. 
‘‘SUBCHAPTER III—GENERAL PROVISIONS 
‘‘371. Relationship to other incentives and pays. 
‘‘372. Continuation of pays during hospitalization and rehabilitation resulting from 
wounds, injury, or illness incurred while on duty in a hostile fire area 
or exposed to an event of hostile fire or other hostile action. 
‘‘373. Repayment of unearned portion of bonus, incentive pay, or similar benefit 
when conditions of payment not met. 
‘‘374. Regulations.’’. 
SEC. 662. TRANSITIONAL PROVISIONS. 
(a) IMPLEMENTATION PLAN.— 
(1) DEVELOPMENT.—The Secretary of Defense shall develop 
a plan to implement subchapters II and III of chapter 5 of 
title 37, United States Code, as added by section 661(a), and 
to correspondingly transition all of the special and incentive 
pay programs for members of the uniformed services solely 
to provisions of such subchapters. 
(2) SUBMISSION.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit the 
implementation plan to the congressional defense committees. 
(b) TRANSITION PERIOD.—During a transition period of not more 
than 10 years beginning on the date of the enactment of this 
Act, the Secretary of Defense, the Secretary of a military depart-
ment, and the Secretaries referred to in subsection (d) may continue 
to use the authorities in provisions in subchapter I of chapter 
5 of title 37, United States Code, as designated by section 661(a), 
but subject to the terms of such provisions and such modifications 
as the Secretary of Defense may include in the implementation 
plan, to provide bonuses and special and incentive pays for members 
of the uniformed services. 
(c) NOTICE OF IMPLEMENTATION OF NEW AUTHORITIES.—Not 
less than 30 days before the date on which a special pay or bonus 
authority provided under subchapter II of chapter 5 of title 37, 
United States Code, as added by section 661(a), is first utilized, 
the Secretary of Defense shall submit to the congressional defense 
committees a notice of the implementation of the authority, 
including whether, as a result of implementation of the authority, 
a corresponding authority in subchapter I of such chapter, as des-
ignated by section 661(a), will no longer be used. 
(d) COORDINATION.—The Secretary of Defense shall prepare 
the implementation plan in coordination with— 
(1) the Secretary of Homeland Security, with respect to 
the Coast Guard; 
(2) the Secretary of Health and Human Services, with 
respect to the commissioned corps of the Public Health Service; 
and 
(3) the Secretary of Commerce, with respect to the National 
Oceanic and Atmospheric Administration. 
(e) NO EFFECT ON FISCAL YEAR 2008 OBLIGATIONS.—During 
fiscal year 2008, obligations incurred under subchapters I, II, and 
Deadline. 
37 USC 801 note. 
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122 STAT. 181 
PUBLIC LAW 110–181—JAN. 28, 2008 
III of chapter 5 of title 37, United States Code, as amended by 
section 661, to provide bonuses, incentive pays, special pays, and 
similar payments to members of the uniformed services under such 
subchapters may not exceed the obligations that would be incurred 
in the absence of the amendments made by such section. 
Subtitle G—Other Matters 
SEC. 671. REFERRAL BONUS AUTHORITIES. 
(a) CODIFICATION AND MODIFICATION OF ARMY REFERRAL BONUS 
AUTHORITY.— 
(1) ARMY REFERRAL BONUS.—Chapter 333 of title 10, United 
States Code, is amended by inserting after section 3251 the 
following new section: 
‘‘§ 3252. Bonus to encourage Army personnel to refer persons 
for enlistment in the Army 
‘‘(a) AUTHORITY TO PAY BONUS.— 
‘‘(1) AUTHORITY.—The Secretary of the Army may pay a 
bonus under this section to an individual referred to in para-
graph (2) who refers to an Army recruiter a person who has 
not previously served in an armed force and who, after such 
referral, enlists in the regular component of the Army or in 
the Army National Guard or Army Reserve. 
‘‘(2) INDIVIDUALS
ELIGIBLE
FOR
BONUS.—Subject to sub-
section (c), the following individuals are eligible for a referral 
bonus under this section: 
‘‘(A) A member in the regular component of the Army. 
‘‘(B) A member of the Army National Guard. 
‘‘(C) A member of the Army Reserve. 
‘‘(D) A member of the Army in a retired status, 
including a member under 60 years of age who, but for 
age, would be eligible for retired pay. 
‘‘(E) A civilian employee of the Department of the 
Army. 
‘‘(b) REFERRAL.—For purposes of this section, a referral for 
which a bonus may be paid under subsection (a) occurs— 
‘‘(1) when the individual concerned contacts an Army 
recruiter on behalf of a person interested in enlisting in the 
Army; or 
‘‘(2) when a person interested in enlisting in the Army 
contacts the Army recruiter and informs the recruiter of the 
role of the individual concerned in initially recruiting the per-
son. 
‘‘(c) CERTAIN REFERRALS INELIGIBLE.— 
‘‘(1) REFERRAL OF IMMEDIATE FAMILY.—A member of the 
Army or civilian employee of the Department of the Army 
may not be paid a bonus under subsection (a) for the referral 
of an immediate family member. 
‘‘(2) MEMBERS IN RECRUITING ROLES.—A member of the 
Army or civilian employee of the Department of the Army 
serving in a recruiting or retention assignment, or assigned 
to other duties regarding which eligibility for a bonus under 
subsection (a) could (as determined by the Secretary) be per-
ceived as creating a conflict of interest, may not be paid a 
bonus under subsection (a). 
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122 STAT. 182 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(3) JUNIOR RESERVE OFFICERS’ TRAINING CORPS INSTRUC-
TORS.—A member of the Army detailed under subsection (c)(1) 
of section 2031 of this title to serve as an administrator or 
instructor in the Junior Reserve Officers’ Training Corps pro-
gram or a retired member of the Army employed as an adminis-
trator or instructor in the program under subsection (d) of 
such section may not be paid a bonus under subsection (a). 
‘‘(d) AMOUNT OF BONUS.—The amount of the bonus payable 
for a referral under subsection (a) may not exceed $2,000. The 
amount shall be payable as provided in subsection (e). 
‘‘(e) PAYMENT.—A bonus payable for a referral of a person 
under subsection (a) shall be paid as follows: 
‘‘(1) Not more than $1,000 shall be paid upon the 
commencement of basic training by the person. 
‘‘(2) Not more than $1,000 shall be paid upon the completion 
of basic training and individual advanced training by the per-
son. 
‘‘(f) RELATION
TO PROHIBITION
ON BOUNTIES.—The referral 
bonus authorized by this section is not a bounty for purposes 
of section 514(a) of this title. 
‘‘(g) COORDINATION WITH RECEIPT OF RETIRED PAY.—A bonus 
paid under this section to a member of the Army in a retired 
status is in addition to any compensation to which the member 
is entitled under this title, title 37 or 38, or any other provision 
of law. 
‘‘(h) DURATION OF AUTHORITY.—A bonus may not be paid under 
subsection (a) with respect to any referral that occurs after 
December 31, 2008.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 3251 the following new item: 
‘‘3252. Bonus to encourage Army personnel to refer persons for enlistment in the 
Army.’’. 
(b) BONUS FOR REFERRAL OF PERSONS FOR APPOINTMENT AS 
OFFICERS TO SERVE IN HEALTH PROFESSIONS.— 
(1) HEALTH
PROFESSIONS
REFERRAL
BONUS.—Chapter 53 
of such title is amended by inserting before section 1031 the 
following new section: 
‘‘§ 1030. Bonus to encourage Department of Defense per-
sonnel to refer persons for appointment as offi-
cers to serve in health professions 
‘‘(a) AUTHORITY TO PAY BONUS.— 
‘‘(1) AUTHORITY.—The Secretary of Defense may authorize 
the appropriate Secretary to pay a bonus under this section 
to an individual referred to in paragraph (2) who refers to 
a military recruiter a person who has not previously served 
in an armed force and, after such referral, takes an oath of 
enlistment that leads to appointment as a commissioned officer, 
or accepts an appointment as a commissioned officer, in an 
armed force in a health profession designated by the appro-
priate Secretary for purposes of this section. 
‘‘(2) INDIVIDUALS
ELIGIBLE
FOR
BONUS.—Subject to sub-
section (c), the following individuals are eligible for a referral 
bonus under this section: 
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122 STAT. 183 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(A) A member of the armed forces in a regular compo-
nent of the armed forces. 
‘‘(B) A member of the armed forces in a reserve compo-
nent of the armed forces. 
‘‘(C) A member of the armed forces in a retired status, 
including a member under 60 years of age who, but for 
age, would be eligible for retired or retainer pay. 
‘‘(D) A civilian employee of a military department or 
the Department of Defense. 
‘‘(b) REFERRAL.—For purposes of this section, a referral for 
which a bonus may be paid under subsection (a) occurs— 
‘‘(1) when the individual concerned contacts a military 
recruiter on behalf of a person interested in taking an oath 
of enlistment that leads to appointment as a commissioned 
officer, or accepting an appointment as a commissioned officer, 
as applicable, in an armed force in a health profession; or 
‘‘(2) when a person interested in taking an oath of enlist-
ment that leads to appointment as a commissioned officer, 
or accepting an appointment as a commissioned officer, as 
applicable, in an armed force in a health profession contacts 
a military recruiter and informs the recruiter of the role of 
the individual concerned in initially recruiting the person. 
‘‘(c) CERTAIN REFERRALS INELIGIBLE.— 
‘‘(1) REFERRAL OF IMMEDIATE FAMILY.—A member of the 
armed forces or civilian employee of a military department 
or the Department of Defense may not be paid a bonus under 
subsection (a) for the referral of an immediate family member. 
‘‘(2) MEMBERS IN RECRUITING ROLES.—A member of the 
armed forces or civilian employee of a military department 
or the Department of Defense serving in a recruiting or reten-
tion assignment, or assigned to other duties regarding which 
eligibility for a bonus under subsection (a) could (as determined 
by the appropriate Secretary) be perceived as creating a conflict 
of interest, may not be paid a bonus under subsection (a). 
‘‘(3) JUNIOR RESERVE OFFICERS’ TRAINING CORPS INSTRUC-
TORS.—A member of the armed forces detailed under subsection 
(c)(1) of section 2031 of this title to serve as an administrator 
or instructor in the Junior Reserve Officers’ Training Corps 
program or a retired member of the armed forces employed 
as an administrator or instructor in the program under sub-
section (d) of such section may not be paid a bonus under 
subsection (a). 
‘‘(d) AMOUNT OF BONUS.—The amount of the bonus payable 
for a referral under subsection (a) may not exceed $2,000. The 
amount shall be payable as provided in subsection (e). 
‘‘(e) PAYMENT.—A bonus payable for a referral of a person 
under subsection (a) shall be paid as follows: 
‘‘(1) Not more than $1,000 shall be paid upon the execution 
by the person of an agreement to serve as an officer in a 
health profession in an armed force for not less than 3 years, 
‘‘(2) Not more than $1,000 shall be paid upon the completion 
by the person of the initial period of military training as an 
officer. 
‘‘(f) RELATION
TO PROHIBITION
ON BOUNTIES.—The referral 
bonus authorized by this section is not a bounty for purposes 
of section 514(a) of this title. 
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122 STAT. 184 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(g) COORDINATION WITH RECEIPT OF RETIRED PAY.—A bonus 
paid under this section to a member of the armed forces in a 
retired status is in addition to any compensation to which the 
member is entitled under this title, title 37 or 38, or any other 
provision of law. 
‘‘(h) APPROPRIATE SECRETARY DEFINED.—In this section, the 
term ‘appropriate Secretary’ means— 
‘‘(1) the Secretary of the Army, with respect to matters 
concerning the Army; 
‘‘(2) the Secretary of the Navy, with respect to matters 
concerning the Navy, the Marine Corps, and the Coast Guard 
when it is operating as a service in the Navy; 
‘‘(3) the Secretary of the Air Force, with respect to matters 
concerning the Air Force; and 
‘‘(4) the Secretary of Defense, with respect to personnel 
of the Department of Defense. 
‘‘(i) DURATION OF AUTHORITY.—A bonus may not be paid under 
subsection (a) with respect to any referral that occurs after 
December 31, 2008.’’. 
(2) CLERICAL AMENDMENTS.—The table of sections at the 
beginning of such chapter is amended by inserting before the 
item relating to section 1031 the following new item: 
‘‘1030. Bonus to encourage Department of Defense personnel to refer persons for ap-
pointment as officers to serve in health professions.’’. 
(c) 
REPEAL
OF
SUPERSEDED
ARMY
REFERRAL
BONUS 
AUTHORITY.— 
(1) 
REPEAL.—Section 
645 
of 
the 
National 
Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109–163) 
is repealed. 
(2) PAYMENT OF BONUSES UNDER SUPERSEDED AUTHORITY.— 
Any bonus payable under section 645 of the National Defense 
Authorization Act for Fiscal Year 2006, as in effect before 
its repeal by paragraph (1), shall remain payable after that 
date and shall be paid in accordance with the provisions of 
such section, as in effect on the day before the date of the 
enactment of this Act. 
SEC. 672. EXPANSION OF EDUCATION LOAN REPAYMENT PROGRAM 
FOR MEMBERS OF THE SELECTED RESERVE. 
(a) ADDITIONAL EDUCATIONAL LOANS ELIGIBLE
FOR REPAY-
MENT.—Paragraph (1) of subsection (a) of section 16301 of title 
10, United States Code, is amended— 
(1) by striking ‘‘or’’ at the end of subparagraph (B); 
(2) by striking the period at the end of subparagraph (C) 
and inserting ‘‘; or’’; and 
(3) by inserting after subparagraph (C) the following new 
subparagraph: 
‘‘(D) any loan incurred for educational purposes made by 
a lender that is— 
‘‘(i) an agency or instrumentality of a State; 
‘‘(ii) a financial or credit institution (including an insur-
ance company) that is subject to examination and super-
vision by an agency of the United States or any State; 
‘‘(iii) a pension fund approved by the Secretary for 
purposes of this section; or 
119 Stat. 3310. 
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122 STAT. 185 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(iv) a nonprofit private entity designated by a State, 
regulated by that State, and approved by the Secretary 
for purposes of this section.’’. 
(b) PARTICIPATION OF OFFICERS IN PROGRAM.—Such subsection 
is further amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘Except as provided in paragraph (3), 
the Secretary’’ and inserting ‘‘The Secretary’’; and 
(B) by striking ‘‘an enlisted member of the Selected 
Reserve of the Ready Reserve of an armed force in a 
reserve component and military specialty’’ and inserting 
‘‘a member of the Selected Reserve of the Ready Reserve 
of an armed force in a reserve component and in an officer 
program or military specialty’’; and 
(2) by striking paragraph (3). 
(c) CLERICAL AMENDMENTS.— 
(1) SECTION
HEADING.—The heading of such section is 
amended to read as follows: 
‘‘§ 16301. Education loan repayment program: members of 
Selected Reserve’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 1609 of such title is amended by striking 
the item relating to section 16301 and inserting the following 
new item: 
‘‘16301. Education loan repayment program: members of Selected Reserve.’’. 
SEC. 673. ENSURING ENTRY INTO UNITED STATES AFTER TIME 
ABROAD FOR PERMANENT RESIDENT ALIEN MILITARY 
SPOUSES AND CHILDREN. 
Section 284 of the Immigration and Nationality Act (8 U.S.C. 
1354) is amended— 
(1) by striking ‘‘Nothing’’ and inserting ‘‘(a) Nothing’’; and 
(2) by adding at the end the following new subsection: 
‘‘(b) If a person lawfully admitted for permanent residence 
is the spouse or child of a member of the Armed Forces of the 
United States, is authorized to accompany the member and reside 
abroad with the member pursuant to the member’s official orders, 
and is so accompanying and residing with the member (in marital 
union if a spouse), then the residence and physical presence of 
the person abroad shall not be treated as— 
‘‘(1) an abandonment or relinquishment of lawful perma-
nent resident status for purposes of clause (i) of section 
101(a)(13)(C); or 
‘‘(2) an absence from the United States for purposes of 
clause (ii) of such section.’’. 
SEC. 674. OVERSEAS NATURALIZATION FOR MILITARY SPOUSES AND 
CHILDREN. 
(a) SPOUSES.—Section 319 of the Immigration and Nationality 
Act (8 U.S.C. 1430) is amended by adding at the end the following 
new subsection: 
‘‘(e)(1) In the case of a person lawfully admitted for permanent 
residence in the United States who is the spouse of a member 
of the Armed Forces of the United States, is authorized to accom-
pany such member and reside abroad with the member pursuant 
to the member’s official orders, and is so accompanying and residing 
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122 STAT. 186 
PUBLIC LAW 110–181—JAN. 28, 2008 
with the member in marital union, such residence and physical 
presence abroad shall be treated, for purposes of subsection (a) 
and section 316(a), as residence and physical presence in— 
‘‘(A) the United States; and 
‘‘(B) any State or district of the Department of Homeland 
Security in the United States. 
‘‘(2) Notwithstanding any other provision of law, a spouse 
described in paragraph (1) shall be eligible for naturalization pro-
ceedings overseas pursuant to section 1701(d) of the National 
Defense Authorization Act for Fiscal Year 2004 (Public Law 108– 
136; 8 U.S.C. 1443a).’’. 
(b) CHILDREN.—Section 322 of the Immigration and Nationality 
Act (8 U.S.C. 1433) is amended by adding at the end the following 
new subsection: 
‘‘(d) In the case of a child of a member of the Armed Forces 
of the United States who is authorized to accompany such member 
and reside abroad with the member pursuant to the member’s 
official orders, and is so accompanying and residing with the 
member— 
‘‘(1) any period of time during which the member of the 
Armed Forces is residing abroad pursuant to official orders 
shall be treated, for purposes of subsection (a)(2)(A), as physical 
presence in the United States; 
‘‘(2) subsection (a)(5) shall not apply; and 
‘‘(3) the oath of allegiance described in subsection (b) may 
be subscribed to abroad pursuant to section 1701(d) of the 
National Defense Authorization Act for Fiscal Year 2004 (Public 
Law 108–136; 8 U.S.C. 1443a).’’. 
(c) OVERSEAS NATURALIZATION AUTHORITY.—Section 1701(d) of 
the National Defense Authorization Act for Fiscal Year 2004 (Public 
Law 108–136; 8 U.S.C. 1443a) is amended— 
(1) in the subsection heading, by inserting ‘‘AND THEIR 
SPOUSES AND CHILDREN’’ after ‘‘FORCES’’; and 
(2) by inserting ‘‘, and persons made eligible for naturaliza-
tion by section 319(e) or 322(d) of such Act,’’ after ‘‘Armed 
Forces’’. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the date of enactment of this Act and apply 
to any application for naturalization or issuance of a certificate 
of citizenship pending on or after such date. 
SEC. 675. MODIFICATION OF AMOUNT OF BACK PAY FOR MEMBERS 
OF NAVY AND MARINE CORPS SELECTED FOR PRO-
MOTION WHILE INTERNED AS PRISONERS OF WAR 
DURING WORLD WAR II TO TAKE INTO ACCOUNT 
CHANGES IN CONSUMER PRICE INDEX. 
(a) MODIFICATION.—Section 667(c) of the Floyd D. Spence 
National Defense Authorization Act for Fiscal Year 2001 (as enacted 
into law by Public Law 106–398; 114 Stat. 1654A–170) is amended 
by adding at the end the following new paragraph: 
‘‘(3) The amount determined for a person under paragraph 
(1) shall be increased to reflect increases in cost of living since 
the basic pay referred to in paragraph (1)(B) was paid to or for 
that person, calculated on the basis of the Consumer Price Index 
(all items—United States city average) published monthly by the 
Bureau of Labor Statistics.’’. 
37 USC 559 note. 
Applicability. 
8 USC 1430 note. 
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122 STAT. 187 
PUBLIC LAW 110–181—JAN. 28, 2008 
(b) RECALCULATION OF PREVIOUS PAYMENTS.—In the case of 
any payment of back pay made to or for a person under section 
667 of the Floyd D. Spence National Defense Authorization Act 
for Fiscal Year 2001 before the date of the enactment of this 
Act, the Secretary of the Navy shall— 
(1) recalculate the amount of back pay to which the person 
is entitled by reason of the amendment made by subsection 
(a); and 
(2) if the amount of back pay, as so recalculated, exceeds 
the amount of back pay so paid, pay the person, or the surviving 
spouse of the person, an amount equal to the excess. 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Improvements to Military Health Benefits 
Sec. 701. One-year extension of prohibition on increases in certain health care costs 
for members of the uniformed services. 
Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy 
system of pharmacy benefits program. 
Sec. 703. Inclusion of TRICARE retail pharmacy program in Federal procurement 
of pharmaceuticals. 
Sec. 704. Stipend for members of reserve components for health care for certain de-
pendents. 
Sec. 705. Authority for expansion of persons eligible for continued health benefits 
coverage. 
Sec. 706. Continuation of eligibility for TRICARE Standard coverage for certain 
members of the Selected Reserve. 
Sec. 707. Extension of pilot program for health care delivery. 
Sec. 708. Inclusion of mental health care in definition of health care and report on 
mental health care services. 
Subtitle B—Studies and Reports 
Sec. 711. Surveys on continued viability of TRICARE Standard and TRICARE 
Extra. 
Sec. 712. Report on training in preservation of remains under combat or combat- 
related conditions. 
Sec. 713. Report on patient satisfaction surveys. 
Sec. 714. Report on medical physical examinations of members of the Armed Forces 
before their deployment. 
Sec. 715. Report and study on multiple vaccinations of members of the Armed 
Forces. 
Sec. 716. Review of gender- and ethnic group-specific mental health services and 
treatment for members of the Armed Forces. 
Sec. 717. Licensed mental health counselors and the TRICARE program. 
Sec. 718. Report on funding of the Department of Defense for health care. 
Subtitle C—Other Matters 
Sec. 721. Prohibition on conversion of military medical and dental positions to civil-
ian medical and dental positions. 
Sec. 722. Establishment of Joint Pathology Center. 
Subtitle A—Improvements to Military 
Health Benefits 
SEC. 701. ONE-YEAR EXTENSION OF PROHIBITION ON INCREASES IN 
CERTAIN HEALTH CARE COSTS FOR MEMBERS OF THE 
UNIFORMED SERVICES. 
(a) CHARGES UNDER CONTRACTS FOR MEDICAL CARE.—Section 
1097(e) of title 10, United States Code, is amended by striking 
‘‘September 30, 2007’’ and inserting ‘‘September 30, 2008’’. 
(b) CHARGES FOR INPATIENT CARE.—Section 1086(b)(3) of such 
title is amended by striking ‘‘September 30, 2007.’’ and inserting 
‘‘September 30, 2008’’. 
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122 STAT. 188 
PUBLIC LAW 110–181—JAN. 28, 2008 
(c) PREMIUMS UNDER TRICARE COVERAGE FOR CERTAIN MEM-
BERS IN THE SELECTED RESERVE.—Section 1076d(d)(3) of such title 
is amended by striking ‘‘September 30, 2007’’ and inserting ‘‘Sep-
tember 30, 2008’’. 
SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS 
UNDER RETAIL PHARMACY SYSTEM OF PHARMACY BENE-
FITS PROGRAM. 
During the period beginning on October 1, 2007, and ending 
on September 30, 2008, the cost sharing requirements established 
under paragraph (6) of section 1074g(a) of title 10, United States 
Code, for pharmaceutical agents available through retail phar-
macies covered by paragraph (2)(E)(ii) of such section may not 
exceed amounts as follows: 
(1) In the case of generic agents, $3. 
(2) In the case of formulary agents, $9. 
(3) In the case of nonformulary agents, $22. 
SEC. 703. INCLUSION OF TRICARE RETAIL PHARMACY PROGRAM IN 
FEDERAL PROCUREMENT OF PHARMACEUTICALS. 
(a) IN GENERAL.—Section 1074g of title 10, United States Code, 
is amended— 
(1) by redesignating subsections (f) and (g) as subsections 
(g) and (h), respectively; and 
(2) by inserting after subsection (e) the following new sub-
section (f): 
‘‘(f) PROCUREMENT OF PHARMACEUTICALS BY TRICARE RETAIL 
PHARMACY PROGRAM.—With respect to any prescription filled on 
or after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2008, the TRICARE retail phar-
macy program shall be treated as an element of the Department 
of Defense for purposes of the procurement of drugs by Federal 
agencies under section 8126 of title 38 to the extent necessary 
to ensure that pharmaceuticals paid for by the Department of 
Defense that are provided by pharmacies under the program to 
eligible covered beneficiaries under this section are subject to the 
pricing standards in such section 8126.’’. 
(b) REGULATIONS.—The Secretary of Defense shall, after con-
sultation with the other administering Secretaries under chapter 
55 of title 10, United States Code, modify the regulations under 
subsection (h) of section 1074g of title 10, United States Code 
(as redesignated by subsection (a)(1) of this section), to implement 
the requirements of subsection (f) of section 1074g of title 10, 
United States Code (as amended by subsection (a)(2) of this section). 
The Secretary shall so modify such regulations not later than 
December 31, 2007. 
SEC. 704. STIPEND FOR MEMBERS OF RESERVE COMPONENTS FOR 
HEALTH CARE FOR CERTAIN DEPENDENTS. 
The Secretary of Defense may, pursuant to regulations pre-
scribed by the Secretary, pay a stipend to a member of a reserve 
component of the Armed Forces who is called or ordered to active 
duty for a period of more than 30 days for purposes of maintaining 
civilian health care coverage for a dependant whom the Secretary 
determines to possess a special health care need that would be 
best met by remaining in the member’s civilian health plan. In 
making such determination, the Secretary shall consider whether— 
Regulations. 
10 USC 1076 
note. 
Deadline. 
10 USC 1074g 
note. 
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122 STAT. 189 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) the dependent of the member was receiving treatment 
for the special health care need before the call or order to 
active duty of the member; and 
(2) the call or order to active duty would result in an 
interruption in treatment or a change in health care provider 
for such treatment. 
SEC. 705. AUTHORITY FOR EXPANSION OF PERSONS ELIGIBLE FOR 
CONTINUED HEALTH BENEFITS COVERAGE. 
(a) AUTHORITY TO SPECIFY ADDITIONAL ELIGIBLE PERSONS.— 
Subsection (b) of section 1078a of title 10, United States Code, 
is amended by adding at the end the following new paragraph: 
‘‘(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 subsection (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 subparagraph: 
‘‘(D) in the case of a person described in subsection (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.’’. 
SEC. 706. CONTINUATION OF ELIGIBILITY FOR TRICARE STANDARD 
COVERAGE FOR CERTAIN MEMBERS OF THE SELECTED 
RESERVE. 
(a) IN GENERAL.—Section 706(f) of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2282; 10 U.S.C. 1076d note) is amended— 
(1) by striking ‘‘Enrollments’’ and inserting ‘‘(1) Except 
as provided in paragraph (2), enrollments’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) The enrollment of a member in TRICARE Standard that 
is in effect on the day before health care under TRICARE Standard 
is provided pursuant to the effective date in subsection (g) shall 
not be terminated by operation of the exclusion of eligibility under 
subsection (a)(2) of such section 1076d, as so amended, for the 
duration of the eligibility of the member under TRICARE Standard 
as in effect on October 16, 2006.’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on October 1, 2007. 
SEC. 707. EXTENSION OF PILOT PROGRAM FOR HEALTH CARE 
DELIVERY. 
(a) EXTENSION
OF DURATION
OF PILOT PROGRAM.—Section 
721(e) of the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1988; 
10 USC 1076d 
note. 
Regulations. 
Regulations. 
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122 STAT. 190 
PUBLIC LAW 110–181—JAN. 28, 2008 
10 U.S.C. 1092 note) is amended by striking ‘‘and 2007’’ and 
inserting ‘‘, 2007, 2008, 2009, and 2010’’. 
(b) EXTENSION OF REPORT DEADLINE.—Section 721(f) of such 
Act is amended by striking ‘‘July 1, 2007’’ and inserting ‘‘July 
1, 2010’’. 
(c) REVISION IN SELECTION CRITERIA.—Section 721(d)(2) of such 
Act is amended by striking ‘‘expected to increase over the next 
five years’’ and inserting ‘‘has increased over the five years pre-
ceding 2008’’. 
(d) ADDITION TO REQUIREMENTS OF PILOT PROGRAM.—Section 
721(b) of such Act is amended— 
(1) by striking ‘‘and’’ at the end of paragraph (3); 
(2) by striking the period and inserting ‘‘; and’’ at the 
end of paragraph (4); and 
(3) by adding at the end the following: 
‘‘(5) collaborate with State and local authorities to create 
an arrangement to share and exchange, between the Depart-
ment of Defense and non-military health care systems, personal 
health information and data of military personnel and their 
families.’’. 
SEC. 708. INCLUSION OF MENTAL HEALTH CARE IN DEFINITION OF 
HEALTH CARE AND REPORT ON MENTAL HEALTH CARE 
SERVICES. 
(a) INCLUSION
OF MENTAL HEALTH CARE
IN DEFINITION
OF 
HEALTH CARE.—Section 1072 of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(10) The term ‘health care’ includes mental health care.’’. 
(b) REPORT ON ACCESS TO MENTAL HEALTH CARE SERVICES.— 
Not later than one year after the date of the enactment of this 
Act, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives 
a report on the adequacy of access to mental health services under 
the TRICARE program, including in the geographic areas where 
surveys on the continued viability of TRICARE Standard and 
TRICARE Extra are conducted under section 711 of this Act. 
Subtitle B—Studies and Reports 
SEC. 711. SURVEYS ON CONTINUED VIABILITY OF TRICARE STANDARD 
AND TRICARE EXTRA. 
(a) REQUIREMENT FOR SURVEYS.— 
(1) IN GENERAL.—The Secretary of Defense shall conduct 
surveys of health care providers and beneficiaries who use 
TRICARE in the United States to determine, utilizing a rec-
onciliation of the responses of providers and beneficiaries to 
such surveys, each of the following: 
(A) How many health care providers in TRICARE 
Prime service areas selected under paragraph (3)(A) are 
accepting new patients under each of TRICARE Standard 
and TRICARE Extra. 
(B) How many health care providers in geographic 
areas in which TRICARE Prime is not offered are accepting 
patients under each of TRICARE Standard and TRICARE 
Extra. 
10 USC 1073 
note. 
10 USC 1092 
note. 
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122 STAT. 191 
PUBLIC LAW 110–181—JAN. 28, 2008 
(C) The availability of mental health care providers 
in TRICARE Prime service areas selected under paragraph 
(3)(C) and in geographic areas in which TRICARE Prime 
is not offered. 
(2) BENCHMARKS.—The Secretary shall establish for pur-
poses of the surveys required by paragraph (1) benchmarks 
for primary care and specialty care providers, including mental 
health care providers, to be utilized to determine the adequacy 
of the availability of health care providers to beneficiaries 
eligible for TRICARE. 
(3) SCOPE OF SURVEYS.—The Secretary shall carry out the 
surveys required by paragraph (1) as follows: 
(A) In the case of the surveys required by subparagraph 
(A) of that paragraph, in at least 20 TRICARE Prime 
service areas in the United States in each of fiscal years 
2008 through 2011. 
(B) In the case of the surveys required by subparagraph 
(B) of that paragraph, in 20 geographic areas in which 
TRICARE Prime is not offered and in which significant 
numbers of beneficiaries who are members of the Selected 
Reserve reside. 
(C) In the case of the surveys required by subparagraph 
(C) of that paragraph, in at least 40 geographic areas. 
(4) PRIORITY FOR SURVEYS.—In prioritizing the areas which 
are to be surveyed under paragraph (1), the Secretary shall— 
(A) consult with representatives of TRICARE bene-
ficiaries and health care and mental health care providers 
to identify locations where TRICARE Standard bene-
ficiaries are experiencing significant levels of access-to- 
care problems under TRICARE Standard or TRICARE 
Extra; 
(B) give a high priority to surveying health care and 
mental health care providers in such areas; and 
(C) give a high priority to surveying beneficiaries and 
providers located in geographic areas with high concentra-
tions of members of the Selected Reserve. 
(5) INFORMATION FROM PROVIDERS.—The surveys required 
by paragraph (1) shall include questions seeking to determine 
from health care and mental health care providers the fol-
lowing: 
(A) Whether the provider is aware of the TRICARE 
program. 
(B) What percentage of the provider’s current patient 
population uses any form of TRICARE. 
(C) Whether the provider accepts patients for whom 
payment is made under the medicare program for health 
care and mental health care services. 
(D) If the provider accepts patients referred to in 
subparagraph (C), whether the provider would accept addi-
tional such patients who are not in the provider’s current 
patient population. 
(6) 
INFORMATION
FROM
BENEFICIARIES.—The 
surveys 
required by paragraph (1) shall include questions seeking 
information to determine from TRICARE beneficiaries whether 
they have difficulties in finding health care and mental health 
care providers willing to provide services under TRICARE 
Standard or TRICARE Extra. 
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122 STAT. 192 
PUBLIC LAW 110–181—JAN. 28, 2008 
(b) GAO REVIEW.— 
(1) ONGOING REVIEW.—The Comptroller General shall, on 
an ongoing basis, review— 
(A) the processes, procedures, and analysis used by 
the Department of Defense to determine the adequacy of 
the number of health care and mental health care pro-
viders— 
(i) that currently accept TRICARE Standard or 
TRICARE Extra beneficiaries as patients under 
TRICARE Standard in each TRICARE area as of the 
date of completion of the review; and 
(ii) that would accept TRICARE Standard or 
TRICARE Extra beneficiaries as new patients under 
TRICARE Standard or TRICARE Extra, as applicable, 
within a reasonable time after the date of completion 
of the review; and 
(B) the actions taken by the Department of Defense 
to ensure ready access of TRICARE Standard beneficiaries 
to health care and mental health care under TRICARE 
Standard in each TRICARE area, including any pending 
or resolved requests for waiver of payment limits in order 
to improve access to health care or mental health care 
in a specific geographic area. 
(2) REPORTS.—The Comptroller General shall submit to 
the Committees on Armed Services of the Senate and the 
House of Representatives on a bi-annual basis a report on 
the results of the review under paragraph (1). Each report 
shall include the following: 
(A) An analysis of the adequacy of the surveys under 
subsection (a). 
(B) An identification of any impediments to achieving 
adequacy of availability of health care and mental health 
care under TRICARE Standard or TRICARE Extra. 
(C) An assessment of the adequacy of Department of 
Defense education programs to inform health care and 
mental health care providers about TRICARE Standard 
and TRICARE Extra. 
(D) An assessment of the adequacy of Department 
of Defense initiatives to encourage health care and mental 
health care providers to accept patients under TRICARE 
Standard and TRICARE Extra. 
(E) An assessment of the adequacy of information avail-
able to TRICARE Standard beneficiaries to facilitate access 
by such beneficiaries to health care and mental health 
care under TRICARE Standard and TRICARE Extra. 
(F) An assessment of any need for adjustment of health 
care and mental health care provider payment rates to 
attract participation in TRICARE Standard by appropriate 
numbers of health care and mental health care providers. 
(G) An assessment of the adequacy of Department 
of Defense programs to inform members of the Selected 
Reserve about the TRICARE Reserve Select program. 
(H) An assessment of the ability of TRICARE Reserve 
Select beneficiaries to receive care in their geographic area. 
(c) EFFECTIVE DATE.—This section shall take effect on October 
1, 2007. 
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122 STAT. 193 
PUBLIC LAW 110–181—JAN. 28, 2008 
(d) REPEAL OF SUPERSEDED REQUIREMENTS AND AUTHORITY.— 
Section 723 of the National Defense Authorization Act for Fiscal 
Year 2004 (10 U.S.C. 1073 note) is repealed, effective as of October 
1, 2007. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘TRICARE Extra’’ means the option of the 
TRICARE program under which TRICARE Standard bene-
ficiaries may obtain discounts on cost-sharing as a result of 
using TRICARE network providers. 
(2) The term ‘‘TRICARE Prime’’ means the managed care 
option of the TRICARE program. 
(3) The term ‘‘TRICARE Prime service area’’ means a 
geographic area designated by the Department of Defense in 
which managed care support contractors develop a managed 
care network under TRICARE Prime. 
(4) The term ‘‘TRICARE Standard’’ means the option of 
the TRICARE program that is also known as the Civilian 
Health and Medical Program of the Uniformed Services, as 
defined in section 1072(4) of title 10, United States Code. 
(5) The term ‘‘TRICARE Reserve Select’’ means the option 
of the TRICARE program that allows members of the Selected 
Reserve to enroll in TRICARE Standard, pursuant to section 
1076d of title 10, United States Code. 
(6) The term ‘‘member of the Selected Reserve’’ means 
a member of the Selected Reserve of the Ready Reserve of 
a reserve component of the Armed Forces. 
(7) The term ‘‘United States’’ means the United States 
(as defined in section 101(a) of title 10, United States Code), 
its possessions (as defined in such section), and the Common-
wealth of Puerto Rico. 
SEC. 712. REPORT ON TRAINING IN PRESERVATION OF REMAINS 
UNDER COMBAT OR COMBAT-RELATED CONDITIONS. 
(a) REPORT REQUIRED.—The Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House 
of Representatives a report on the requirements of section 567 
of the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109–364; 120 Stat. 2224; 10 U.S.C. 1481 
note). 
(b) MATTERS COVERED.—The report shall include a detailed 
description of the implementation of such section, including— 
(1) where the training program is taking place; 
(2) who is providing the training; 
(3) the number of each type of military health care profes-
sional trained to date; and 
(4) what the training covers. 
(c) DEADLINE.—The report required by this section shall be 
submitted not later than 180 days after the date of the enactment 
of this Act. 
SEC. 713. REPORT ON PATIENT SATISFACTION SURVEYS. 
(a) REPORT REQUIRED.—Not later than March 1, 2008, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the ongoing patient satisfaction surveys 
taking place in Department of Defense inpatient and outpatient 
settings at military treatment facilities. 
(b) CONTENT.—The report required under subsection (a) shall 
include the following: 
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122 STAT. 194 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) The types of survey questions asked. 
(2) How frequently the surveying is conducted. 
(3) How often the results are analyzed and reported back 
to the treatment facilities. 
(4) To whom survey feedback is made available. 
(5) How best practices are incorporated for quality improve-
ment. 
(6) An analysis of the effect of inpatient and outpatient 
surveys on quality improvement and a comparison of patient 
satisfaction survey programs with patient satisfaction survey 
programs used by other public and private health care systems 
and organizations. 
(c) USE
OF REPORT INFORMATION.—The Secretary shall use 
information in the report as the basis for a plan for improvements 
in patient satisfaction surveys used to assess health care at military 
treatment facilities in order to ensure the provision of high quality 
health care and hospital services in such facilities. 
SEC. 714. REPORT ON MEDICAL PHYSICAL EXAMINATIONS OF MEM-
BERS OF THE ARMED FORCES BEFORE THEIR DEPLOY-
MENT. 
Not later than April 1, 2008, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
the House of Representatives a report setting forth the following: 
(1) A comparison of the policies of the military departments 
concerning medical physical examinations of members of the 
Armed Forces before their deployment, including an identifica-
tion of instances in which a member (including a member 
of a reserve component) may be required to undergo multiple 
physical examinations, from the time of notification of an 
upcoming deployment through the period of preparation for 
deployment. 
(2) An assessment of the current policies related to, as 
well as the feasibility of, each of the following: 
(A) A single predeployment physical examination for 
members of the Armed Forces before their deployment. 
(B) A single system for tracking electronically the 
results of examinations under subparagraph (A) that can 
be shared among the military departments and thereby 
eliminate redundancy of medical physical examinations for 
members of the Armed Forces before their deployment. 
SEC. 715. REPORT AND STUDY ON MULTIPLE VACCINATIONS OF MEM-
BERS OF THE ARMED FORCES. 
(a) REPORT REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House 
of Representatives a report on the policies of the Department of 
Defense for administering and evaluating the vaccination of mem-
bers of the Armed Forces. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) An assessment of the Department’s policies governing 
the administration of multiple vaccinations in a 24-hour period, 
including the procedures providing for a full review of an 
individual’s medical history prior to the administration of mul-
tiple vaccinations, and whether such policies and procedures 
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122 STAT. 195 
PUBLIC LAW 110–181—JAN. 28, 2008 
differ for members of the Armed Forces on active duty and 
members of reserve components. 
(2) An assessment of how the Department’s policies on 
multiple vaccinations in a 24-hour period conform to current 
regulations of the Food and Drug Administration and research 
performed or being performed by the Centers for Disease Con-
trol, other non-military Federal agencies, and non-Federal 
institutions on multiple vaccinations in a 24-hour period. 
(3) An assessment of the Department’s procedures for initi-
ating investigations of deaths of members of the Armed Forces 
in which vaccinations may have played a role, including 
whether such investigations can be requested by family mem-
bers of the deceased individuals. 
(4) The number of deaths of members of the Armed Forces 
since May 18, 1998, that the Department has investigated 
for the potential role of vaccine administration, including both 
the number of deaths investigated that was alleged to have 
involved more than one vaccine administered in a given 24- 
hour period and the number of deaths investigated that was 
determined to have involved more than one vaccine adminis-
tered in a given 24-hour period. 
(5) An assessment of the procedures for providing the Adju-
tants General of the various States and territories with up- 
to-date information on the effectiveness and potential allergic 
reactions and side effects of vaccines required to be taken 
by National Guard members. 
(6) An assessment of whether procedures are in place to 
provide that the Adjutants General of the various States and 
territories retain updated medical records of each National 
Guard member called up for active duty. 
SEC. 716. REVIEW OF GENDER- AND ETHNIC GROUP-SPECIFIC MENTAL 
HEALTH SERVICES AND TREATMENT FOR MEMBERS OF 
THE ARMED FORCES. 
(a) COMPREHENSIVE REVIEW.—The Secretary of Defense shall 
conduct a comprehensive review of— 
(1) the need for gender- and ethnic group-specific mental 
health treatment and services for members of the Armed Forces; 
and 
(2) the efficacy and adequacy of existing gender- and ethnic 
group-specific mental health treatment programs and services 
for members of the Armed Forces, to include availability of 
and access to such programs. 
(b) ELEMENTS.—The review required by subsection (a) shall 
include, but not be limited to, an assessment of the following: 
(1) The need for gender- and ethnic group-specific mental 
health outreach, prevention, and treatment services for mem-
bers of the Armed Forces. 
(2) The access to and efficacy of existing gender- and ethnic 
group-specific mental health outreach, prevention, and treat-
ment services and programs (including substance abuse pro-
grams). 
(3) The availability of gender- and ethnic group-specific 
services and treatment for members of the Armed Forces who 
experienced sexual assault or abuse. 
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122 STAT. 196 
PUBLIC LAW 110–181—JAN. 28, 2008 
(4) The access to and need for treatment facilities focusing 
on the gender- and ethnic group-specific mental health care 
needs of members of the Armed Forces. 
(5) The need for further clinical research on the gender- 
and ethnic group-specific needs of members of the Armed Forces 
who served in a combat zone. 
(c) REPORT.—Not later than 90 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 review 
required by subsection (a). 
SEC. 717. LICENSED MENTAL HEALTH COUNSELORS AND THE TRICARE 
PROGRAM. 
(a) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations to establish criteria that licensed or certified mental 
health counselors shall meet in order to be able to independently 
provide care to TRICARE beneficiaries and receive payment under 
the TRICARE program for such services. The criteria shall include 
requirements for education level, licensure, certification, and clinical 
experience as considered appropriate by the Secretary. 
(b) STUDY REQUIRED.—The Secretary of Defense shall enter 
into a contract with the Institute of Medicine of the National 
Academy of Sciences, or another similarly qualified independent 
academic medical organization, for the purpose of— 
(1) conducting an independent study of the credentials, 
preparation, and training of individuals practicing as licensed 
mental health counselors; and 
(2) making recommendations for permitting licensed mental 
health 
counselors 
to 
practice 
independently 
under 
the 
TRICARE program. 
(c) ELEMENTS OF STUDY.— 
(1) EDUCATIONAL REQUIREMENTS.—The study required by 
subsection (b) shall provide for an assessment of the educational 
requirements and curricula relevant to mental health practice 
for licensed mental health counselors, including types of degrees 
recognized, certification standards for graduate programs for 
such profession, and recognition of undergraduate coursework 
for completion of graduate degree requirements. 
(2) LICENSING REQUIREMENTS.—The study required by sub-
section (b) shall provide for an assessment of State licensing 
requirements for licensed mental health counselors, including 
for each level of licensure if a State issues more than one 
type of license for the profession. The assessment shall examine 
requirements in the areas of education, training, examination, 
continuing education, and ethical standards, and shall include 
an evaluation of the extent to which States authorize members 
of the licensed mental health counselor profession to diagnose 
and treat mental illnesses. 
(3) CLINICAL
EXPERIENCE
REQUIREMENTS.—The study 
required by subsection (b) shall provide for an analysis of 
the requirements for clinical experience for a licensed mental 
health counselor to be recognized under regulations for the 
TRICARE program, and recommendations, if any, for standard-
ization or adjustment of such requirements. 
(4) INDEPENDENT
PRACTICE
UNDER
OTHER
FEDERAL
PRO-
GRAMS.—The study required by subsection (b) shall provide 
for an assessment of the extent to which licensed mental health 
10 USC 1073 
note. 
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122 STAT. 197 
PUBLIC LAW 110–181—JAN. 28, 2008 
counselors are authorized to practice independently under other 
Federal programs (such as the Medicare program, the Depart-
ment of Veterans Affairs, the Indian Health Service, and Head 
Start), and a review of the relationship, if any, between recogni-
tion of mental health professions under the Medicare program 
and independent practice authority for such profession under 
the TRICARE program. 
(5) INDEPENDENT
PRACTICE
UNDER
FEHBP.—The study 
required by subsection (b) shall provide for an assessment 
of the extent to which licensed mental health counselors are 
authorized to practice independently under the Federal 
Employee Health Benefits Program and private insurance 
plans. The assessment shall identify the States having laws 
requiring private insurers to cover, or offer coverage of, the 
services of members of licensed mental health counselors and 
shall identify the conditions, if any, that are placed on coverage 
of practitioners under the profession by insurance plans and 
how frequently these types of conditions are used by insurers. 
(6) HISTORICAL
REVIEW
OF
REGULATIONS.—The study 
required by subsection (b) shall provide for a review of the 
history of regulations prescribed by the Department of Defense 
regarding which members of the mental health profession are 
recognized as providers under the TRICARE program as inde-
pendent practitioners, and an examination of the recognition 
by the Department of third-party certification for members 
of such profession. 
(7) CLINICAL CAPABILITIES STUDIES.—The study required 
by subsection (b) shall include a review of outcome studies 
and of the literature regarding the comparative quality and 
effectiveness of care provided by licensed mental health coun-
selors and provide an independent review of the findings. 
(d) RECOMMENDATIONS FOR TRICARE INDEPENDENT PRACTICE 
AUTHORITY.—The recommendations provided under subsection 
(b)(2) shall include recommendations regarding modifications of cur-
rent policy for the TRICARE program with respect to allowing 
licensed mental health counselors to practice independently under 
the TRICARE program. 
(e) REPORT.—Not later than March 1, 2009, the Secretary of 
Defense shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report on the review 
required by subsection (b). 
SEC. 718. REPORT ON FUNDING OF THE DEPARTMENT OF DEFENSE 
FOR HEALTH CARE. 
(a) REPORT.—If the President submits to Congress the budget 
for a fiscal year under section 1105 of title 31, United States 
Code, and the aggregate amount included in that budget for the 
Department of Defense for health care for such fiscal year is less 
than the aggregate amount provided by Congress for the Depart-
ment for health care for the preceding fiscal year, and, in the 
case of the Department, the total allocation from the Defense Health 
Program to any military department is less than the total of such 
allocation in the preceding fiscal year, the President shall submit 
to Congress a report on— 
(1) the reasons for the determination that inclusion of 
a lesser aggregate amount or allocation to any military depart-
ment is in the national interest; and 
President. 
10 USC 221 note. 
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122 STAT. 198 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) the anticipated effects of the inclusion of such lesser 
aggregate amount or allocation to any military department 
on the access to and delivery of medical and support services 
to members of the Armed Forces and their family members. 
(b) TERMINATION.—The section shall not be in effect after 
December 31, 2017. 
Subtitle C—Other Matters 
SEC. 721. PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND 
DENTAL POSITIONS TO CIVILIAN MEDICAL AND DENTAL 
POSITIONS. 
(a) PROHIBITION.—The Secretary of a military department may 
not convert any military medical or dental position to a civilian 
medical or dental position during the period beginning on October 
1, 2007, and ending on September 30, 2012. 
(b) RESTORATION
OF CERTAIN POSITIONS
TO MILITARY POSI-
TIONS.—In the case of any military medical or dental position that 
is converted to a civilian medical or dental position during the 
period beginning on October 1, 2004, and ending on September 
30, 2008, if the position is not filled by a civilian by September 
30, 2008, the Secretary of the military department concerned shall 
restore the position to a military medical or dental position that 
can be filled only by a member of the Armed Forces who is a 
health professional. 
(c) REPORT.— 
(1) REQUIREMENT.—The Secretary of Defense shall submit 
to the congressional defense committees a report on conversions 
made during fiscal year 2007 not later than 180 days after 
the enactment of this Act. 
(2) MATTERS COVERED.—The report shall include the fol-
lowing: 
(A) The number of military medical or dental positions, 
by grade or band and specialty, converted to civilian med-
ical or dental positions. 
(B) The results of a market survey in each affected 
area of the availability of civilian medical and dental care 
providers in such area in order to determine whether there 
were civilian medical and dental care providers available 
in 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 direct 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 medical or dental positions 
affected recruiting and retention of uniformed medical and 
dental personnel. 
(E) A comparison of the full costs for the military 
medical and dental positions converted with the full costs 
10 USC 129c 
note. 
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122 STAT. 199 
PUBLIC LAW 110–181—JAN. 28, 2008 
for civilian medical and dental positions, including expenses 
such as recruiting, salary, benefits, training, and any other 
costs the Department identifies. 
(F) An assessment showing that the military medical 
or dental positions converted were in excess of the military 
medical and dental positions needed to meet medical and 
dental readiness requirements of the uniformed services, 
as determined jointly by all the uniformed services. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘military medical or dental position’’ means 
a position for the performance of health care functions within 
the Armed Forces held by a member of the Armed Forces. 
(2) The term ‘‘civilian medical or dental position’’ means 
a position for the performance of health care functions within 
the Department of Defense held by an employee of the Depart-
ment or of a contractor of the Department. 
(3) The term ‘‘uniformed services’’ has the meaning given 
that term in section 1072(1) of title 10, United States Code. 
(4) The term ‘‘conversion’’, with respect to a military med-
ical or dental position, means a change of the position to a 
civilian medical or dental position, effective as of the date 
of the manning authorization document of the military depart-
ment making the change (through a change in designation 
from military to civilian in the document, the elimination of 
the listing of the position as a military position in the document, 
or through any other means indicating the change in the docu-
ment or otherwise). 
(e) REPEAL.—Section 742 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 
Stat. 2306) is repealed. 
SEC. 722. ESTABLISHMENT OF JOINT PATHOLOGY CENTER. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Secretary of Defense proposed to disestablish all 
elements of the Armed Forces Institute of Pathology, except 
the National Medical Museum and the Tissue Repository, as 
part of the recommendations of the Secretary for the closure 
of Walter Reed Army Medical Center in the 2005 round of 
defense base closure and realignment. 
(2) The Defense Base Closure and Realignment Commission 
altered, but did not reject, the proposal of the Secretary of 
Defense to disestablish the Armed Forces Institute of Pathology. 
(3) The Commission’s recommendation that the Armed 
Forces Institute of Pathology’s ‘‘capabilities not specified in 
this recommendation will be absorbed into other DOD, Federal, 
or civilian facilities’’ provides the flexibility to retain a Joint 
Pathology Center as a Department of Defense or Federal entity. 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Armed Forces Institute of Pathology has provided important 
medical benefits to the Armed Forces and to the United States 
and that the Federal Government should retain a Joint Pathology 
Center. 
(c) ESTABLISHMENT.— 
(1) ESTABLISHMENT REQUIRED.—The President shall estab-
lish and maintain a Joint Pathology Center that shall function 
as the reference center in pathology for the Federal Govern-
ment. 
President. 
10 USC 176 note. 
10 USC 129c 
note. 
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122 STAT. 200 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) ESTABLISHMENT WITHIN DOD.—Except as provided in 
paragraph (3), the Joint Pathology Center shall be established 
in the Department of Defense, consistent with the final rec-
ommendations of the 2005 Defense Base Closure and Realign-
ment Commission, as approved by the President. 
(3) ESTABLISHMENT IN ANOTHER DEPARTMENT.—If the Presi-
dent makes a determination, within 180 days after the date 
of the enactment of this Act, that the Joint Pathology Center 
cannot be established in the Department of Defense, the Joint 
Pathology Center shall be established as an element of a Fed-
eral agency other than the Department of Defense. The Presi-
dent shall incorporate the selection of such agency into the 
determination made under this paragraph. 
(d) SERVICES.—The Joint Pathology Center shall provide, at 
a minimum, the following: 
(1) Diagnostic pathology consultation services in medicine, 
dentistry, and veterinary sciences. 
(2) Pathology education, to include graduate medical edu-
cation, including residency and fellowship programs, and con-
tinuing medical education. 
(3) Diagnostic pathology research. 
(4) Maintenance and continued modernization of the Tissue 
Repository and, as appropriate, utilization of the Repository 
in conducting the activities described in paragraphs (1) through 
(3). 
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS 
Sec. 800. Short title. 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Internal controls for procurements on behalf of the Department of De-
fense by certain non-Defense agencies. 
Sec. 802. Lead systems integrators. 
Sec. 803. Reinvestment in domestic sources of strategic materials. 
Sec. 804. Clarification of the protection of strategic materials critical to national se-
curity. 
Sec. 805. Procurement of commercial services. 
Sec. 806. Specification of amounts requested for procurement of contract services. 
Sec. 807. Inventories and reviews of contracts for services. 
Sec. 808. Independent management reviews of contracts for services. 
Sec. 809. Implementation 
and 
enforcement 
of 
requirements 
applicable 
to 
undefinitized contractual actions. 
Sec. 810. Clarification of limited acquisition authority for Special Operations Com-
mand. 
Subtitle B—Provisions Relating to Major Defense Acquisition Programs 
Sec. 811. Requirements applicable to multiyear contracts for the procurement of 
major systems of the Department of Defense. 
Sec. 812. Changes to Milestone B certifications. 
Sec. 813. Comptroller General report on Department of Defense organization and 
structure for major defense acquisition programs. 
Sec. 814. Clarification of submission of cost or pricing data on noncommercial modi-
fications of commercial items. 
Sec. 815. Clarification of rules regarding the procurement of commercial items. 
Sec. 816. Review of systemic deficiencies on major defense acquisition programs. 
Sec. 817. Investment strategy for major defense acquisition programs. 
Sec. 818. Report on implementation of recommendations on total ownership cost for 
major weapon systems. 
Acquisition 
Improvement 
and 
Accountability 
Act of 2007. 
Deadline. 
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122 STAT. 201 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle C—Amendments to General Contracting Authorities, Procedures, and 
Limitations 
Sec. 821. Plan for restricting Government-unique contract clauses on commercial 
contracts. 
Sec. 822. Extension of authority for use of simplified acquisition procedures for cer-
tain commercial items. 
Sec. 823. Five-year extension of authority to carry out certain prototype projects. 
Sec. 824. Exemption of Special Operations Command from certain requirements for 
certain contracts relating to vessels, aircraft, and combat vehicles. 
Sec. 825. Provision of authority to maintain equipment to unified combatant com-
mand for joint warfighting. 
Sec. 826. Market research. 
Sec. 827. Modification of competition requirements for purchases from Federal Pris-
on Industries. 
Sec. 828. Multiyear contract authority for electricity from renewable energy 
sources. 
Sec. 829. Procurement of fire resistant rayon fiber for the production of uniforms 
from foreign sources. 
Sec. 830. Comptroller General review of noncompetitive awards of congressional 
and executive branch interest items. 
Subtitle D—Accountability in Contracting 
Sec. 841. Commission on Wartime Contracting in Iraq and Afghanistan. 
Sec. 842. Investigation of waste, fraud, and abuse in wartime contracts and con-
tracting processes in Iraq and Afghanistan. 
Sec. 843. Enhanced competition requirements for task and delivery order contracts. 
Sec. 844. Public disclosure of justification and approval documents for noncompeti-
tive contracts. 
Sec. 845. Disclosure of government contractor audit findings. 
Sec. 846. Protection for contractor employees from reprisal for disclosure of certain 
information. 
Sec. 847. Requirements for senior Department of Defense officials seeking employ-
ment with defense contractors. 
Sec. 848. Report on contractor ethics programs of Major Defense contractors. 
Sec. 849. Contingency contracting training for personnel outside the acquisition 
workforce and evaluations of Army Commission recommendations. 
Subtitle E—Acquisition Workforce Provisions 
Sec. 851. Requirement for section on defense acquisition workforce in strategic 
human capital plan. 
Sec. 852. Department of Defense Acquisition Workforce Development Fund. 
Sec. 853. Extension of authority to fill shortage category positions for certain Fed-
eral acquisition positions. 
Sec. 854. Repeal of sunset of acquisition workforce training fund. 
Sec. 855. Federal acquisition workforce improvements. 
Subtitle F—Contracts in Iraq and Afghanistan 
Sec. 861. Memorandum of understanding on matters relating to contracting. 
Sec. 862. Contractors performing private security functions in areas of combat oper-
ations. 
Sec. 863. Comptroller General reviews and reports on contracting in Iraq and Af-
ghanistan. 
Sec. 864. Definitions and other general provisions. 
Subtitle G—Defense Materiel Readiness Board 
Sec. 871. Establishment of Defense Materiel Readiness Board. 
Sec. 872. Critical materiel readiness shortfalls. 
Subtitle H—Other Matters 
Sec. 881. Clearinghouse for rapid identification and dissemination of commercial 
information technologies. 
Sec. 882. Authority to license certain military designations and likenesses of weap-
ons systems to toy and hobby manufacturers. 
Sec. 883. Modifications to limitation on contracts to acquire military flight simu-
lator. 
Sec. 884. Requirements relating to waivers of certain domestic source limitations 
relating to specialty metals. 
Sec. 885. Telephone services for military personnel serving in combat zones. 
Sec. 886. Enhanced authority to acquire products and services produced in Iraq and 
Afghanistan. 
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122 STAT. 202 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 887. Defense Science Board review of Department of Defense policies and pro-
cedures for the acquisition of information technology. 
Sec. 888. Green procurement policy. 
Sec. 889. Comptroller General review of use of authority under the Defense Produc-
tion Act of 1950. 
Sec. 890. Prevention of export control violations. 
Sec. 891. Procurement goal for Native Hawaiian-serving institutions and Alaska 
Native-serving institutions. 
Sec. 892. Competition for procurement of small arms supplied to Iraq and Afghani-
stan. 
SEC. 800. SHORT TITLE. 
This title may be cited as the ‘‘Acquisition Improvement and 
Accountability Act of 2007’’. 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF 
THE DEPARTMENT OF DEFENSE BY CERTAIN NON- 
DEFENSE AGENCIES. 
(a) INSPECTORS GENERAL REVIEWS AND DETERMINATIONS.— 
(1) IN
GENERAL.—For each covered non-defense agency, 
the Inspector General of the Department of Defense and the 
Inspector General of such covered non-defense agency shall, 
not later than the date specified in paragraph (2), jointly— 
(A) review— 
(i) the procurement policies, procedures, and 
internal controls of such covered non-defense agency 
that are applicable to the procurement of property 
and services on behalf of the Department by such 
covered non-defense agency; and 
(ii) the administration of such policies, procedures, 
and internal controls; and 
(B) determine in writing whether such covered non- 
defense agency is or is not compliant with defense procure-
ment requirements. 
(2) DEADLINE
FOR
REVIEWS
AND
DETERMINATIONS.—The 
reviews and determinations required by paragraph (1) shall 
take place as follows: 
(A) In the case of the General Services Administration, 
by not later than March 15, 2010. 
(B) In the case of each of the Department of the 
Treasury, the Department of the Interior, and the National 
Aeronautics and Space Administration, by not later than 
March 15, 2011. 
(C) In the case of each of the Department of Veterans 
Affairs and the National Institutes of Health, by not later 
than March 15, 2012. 
(3) 
SEPARATE
REVIEWS
AND
DETERMINATIONS.—The 
Inspector General of the Department of Defense and the 
Inspector General of a covered non-defense agency may by 
joint agreement conduct separate reviews of the procurement 
of property and services on behalf of the Department of Defense 
that are conducted by separate business units, or under sepa-
rate government-wide acquisition contracts, of the covered non- 
defense agency. If such separate reviews are conducted, the 
10 USC 2304 
note. 
10 USC 101 note. 
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122 STAT. 203 
PUBLIC LAW 110–181—JAN. 28, 2008 
Inspectors General shall make a separate determination under 
paragraph (1)(B) with respect to each such separate review. 
(4) MEMORANDA
OF
UNDERSTANDING
FOR
REVIEWS
AND 
DETERMINATIONS.—Not later than one year before a review 
and determination is required under this subsection with 
respect to a covered non-defense agency, the Inspector General 
of the Department of Defense and the Inspector General of 
the covered non-defense agency shall enter into a memorandum 
of understanding with each other to carry out such review 
and determination. 
(5) TERMINATION
OF
NON-COMPLIANCE
DETERMINATION.— 
If the Inspector General of the Department of Defense and 
the Inspector General of a covered non-defense agency deter-
mine, pursuant to paragraph (1)(B), that a covered non-defense 
agency is not compliant with defense procurement require-
ments, the Inspectors General shall terminate such a deter-
mination effective on the date on which the Inspectors General 
jointly— 
(A) determine that the non-defense agency is compliant 
with defense procurement requirements; and 
(B) notify the Secretary of Defense of that determina-
tion. 
(6) RESOLUTION OF DISAGREEMENTS.—If the Inspector Gen-
eral of the Department of Defense and the Inspector General 
of a covered non-defense agency are unable to agree on a 
joint determination under this subsection, a determination by 
the Inspector General of the Department of Defense under 
this subsection shall be conclusive for the purposes of this 
section. 
(b) LIMITATION ON PROCUREMENTS ON BEHALF OF DEPARTMENT 
OF DEFENSE.— 
(1) Except as provided in paragraph (2), an acquisition 
official of the Department of Defense may place an order, 
make a purchase, or otherwise procure property or services 
for the Department of Defense in excess of the simplified 
acquisition threshold through a non-defense agency only if— 
(A) in the case of a procurement by any non-defense 
agency in any fiscal year, the head of the non-defense 
agency has certified that the non-defense agency will 
comply with defense procurement requirements for the 
fiscal year; 
(B) in the case of— 
(i) a procurement by a covered non-defense agency 
in a fiscal year for which a memorandum of under-
standing is required by subsection (a)(4), the Inspector 
General of the Department of Defense and the 
Inspector General of the covered non-defense agency 
have entered into such a memorandum of under-
standing; or 
(ii) a procurement by a covered non-defense agency 
in a fiscal year following the Inspectors General review 
and determination required by subsection (a), the 
Inspectors General have determined that a covered 
non-defense agency is compliant with defense procure-
ment requirements or have terminated a prior deter-
mination of non-compliance in accordance with sub-
section (a)(5); and 
Notification. 
Deadline. 
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122 STAT. 204 
PUBLIC LAW 110–181—JAN. 28, 2008 
(C) the procurement is not otherwise prohibited by 
section 817 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109– 
364) or section 811 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163). 
(2) EXCEPTION FOR PROCUREMENTS OF NECESSARY PROPERTY 
AND SERVICES.— 
(A) IN GENERAL.—The limitation in paragraph (1) shall 
not apply to the procurement of property and services 
on behalf of the Department of Defense by a non-defense 
agency during any fiscal year for which there is in effect 
a written determination of the Under Secretary of Defense 
for Acquisition, Technology, and Logistics that it is nec-
essary in the interest of the Department of Defense to 
procure property and services through the non-defense 
agency during such fiscal year. 
(B) SCOPE OF PARTICULAR EXCEPTION.—A written deter-
mination with respect to a non-defense agency under 
subparagraph (A) shall apply to any category of procure-
ments through the non-defense agency that is specified 
in the determination. 
(c) GUIDANCE ON INTERAGENCY CONTRACTING.— 
(1) REQUIREMENT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Defense shall issue 
guidance on the use of interagency contracting by the Depart-
ment of Defense. 
(2) MATTERS COVERED.—The guidance required by para-
graph (1) shall address the circumstances in which it is appro-
priate for Department of Defense acquisition officials to procure 
goods or services through a contract entered into by an agency 
outside the Department of Defense. At a minimum, the guid-
ance shall address— 
(A) the circumstances in which it is appropriate for 
such acquisition officials to use direct acquisitions; 
(B) the circumstances in which it is appropriate for 
such acquisition officials to use assisted acquisitions; 
(C) the circumstances in which it is appropriate for 
such acquisition officials to use interagency contracting 
to acquire items unique to the Department of Defense 
and the procedures for approving such interagency con-
tracting; 
(D) the circumstances in which it is appropriate for 
such acquisition officials to use interagency contracting 
to acquire items that are already being provided under 
a contract awarded by the Department of Defense; 
(E) tools that should be used by such acquisition offi-
cials to determine whether items are already being provided 
under a contract awarded by the Department of Defense; 
and 
(F) procedures for ensuring that defense procurement 
requirements are identified and communicated to outside 
agencies involved in interagency contracting. 
(d) COMPLIANCE
WITH
DEFENSE
PROCUREMENT
REQUIRE-
MENTS.—For the purposes of this section, a non-defense agency 
is compliant with defense procurement requirements if the procure-
ment policies, procedures, and internal controls of the non-defense 
agency applicable to the procurement of products and services on 
Deadline. 
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122 STAT. 205 
PUBLIC LAW 110–181—JAN. 28, 2008 
behalf of the Department of Defense, and the manner in which 
they are administered, are adequate to ensure the compliance of 
the non-defense agency with the requirements of laws and regula-
tions (including applicable Department of Defense financial manage-
ment regulations) that apply to procurements of property and serv-
ices made directly by the Department of Defense. 
(e) TREATMENT
OF PROCUREMENTS
FOR FISCAL YEAR PUR-
POSES.—For the purposes of this section, a procurement shall be 
treated as being made during a particular fiscal year to the extent 
that funds are obligated by the Department of Defense for the 
procurement in that fiscal year. 
(f) DEFINITIONS.—In this section: 
(1) NON-DEFENSE AGENCY.—The term ‘‘non-defense agency’’ 
means any department or agency of the Federal Government 
other than the Department of Defense. Such term includes 
a covered non-defense agency. 
(2) COVERED
NON-DEFENSE
AGENCY.—The term ‘‘covered 
non-defense agency’’ means each of the following: 
(A) The General Services Administration. 
(B) The Department of the Treasury. 
(C) The Department of the Interior. 
(D) The National Aeronautics and Space Administra-
tion. 
(E) The Department of Veterans Affairs. 
(F) The National Institutes of Health. 
(3) GOVERNMENT-WIDE ACQUISITION CONTRACT.—The term 
‘‘government-wide acquisition contract’’ means a task or 
delivery order contract that— 
(A) is entered into by a non-defense agency; and 
(B) may be used as the contract under which property 
or services are procured for one or more other departments 
or agencies of the Federal Government. 
(4) SIMPLIFIED ACQUISITION THRESHOLD.—The term ‘‘sim-
plified acquisition threshold’’ has the meaning provided by sec-
tion 2302(7) of title 10, United States Code. 
(5) INTERAGENCY
CONTRACTING.—The term ‘‘interagency 
contracting’’ means the exercise of the authority under section 
1535 of title 31, United States Code, or other statutory 
authority, for Federal agencies to purchase goods and services 
under contracts entered into or administered by other agencies. 
(6) ACQUISITION OFFICIAL.—The term ‘‘acquisition official’’, 
with respect to the Department of Defense, means— 
(A) a contracting officer of the Department of Defense; 
or 
(B) any other Department of Defense official authorized 
to approve a direct acquisition or an assisted acquisition 
on behalf of the Department of Defense. 
(7) DIRECT
ACQUISITION.—The term ‘‘direct acquisition’’, 
with respect to the Department of Defense, means the type 
of interagency contracting through which the Department of 
Defense orders an item or service from a government-wide 
acquisition contract maintained by a non-defense agency. 
(8) ASSISTED ACQUISITION.—The term ‘‘assisted acquisition’’, 
with respect to the Department of Defense, means the type 
of interagency contracting through which acquisition officials 
of a non-defense agency award a contract or task or delivery 
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122 STAT. 206 
PUBLIC LAW 110–181—JAN. 28, 2008 
order for the procurement of goods or services on behalf of 
the Department of Defense. 
SEC. 802. LEAD SYSTEMS INTEGRATORS. 
(a) PROHIBITIONS
ON
THE USE
OF LEAD SYSTEMS INTEGRA-
TORS.— 
(1) PROHIBITION
ON
NEW
LEAD
SYSTEMS
INTEGRATORS.— 
Effective October 1, 2010, the Department of Defense may 
not award a new contract for lead systems integrator functions 
in the acquisition of a major system to any entity that was 
not performing lead systems integrator functions in the acquisi-
tion of the major system prior to the date of the enactment 
of this Act. 
(2) PROHIBITION ON LEAD SYSTEMS INTEGRATORS BEYOND 
LOW-RATE INITIAL PRODUCTION.—Effective on the date of the 
enactment of this Act, the Department of Defense may award 
a new contract for lead systems integrator functions in the 
acquisition of a major system only if— 
(A) the major system has not yet proceeded beyond 
low-rate initial production; or 
(B) the Secretary of Defense determines in writing 
that it would not be practicable to carry out the acquisition 
without continuing to use a contractor to perform lead 
systems integrator functions and that doing so is in the 
best interest of the Department. 
(3) REQUIREMENTS
RELATING
TO
DETERMINATIONS.—A 
determination under paragraph (2)(B)— 
(A) shall specify the reasons why it would not be prac-
ticable to carry out the acquisition without continuing to 
use a contractor to perform lead systems integrator func-
tions (including a discussion of alternatives, such as the 
use of the Department of Defense workforce, or a system 
engineering and technical assistance contractor); 
(B) shall include a plan for phasing out the use of 
contracted lead systems integrator functions over the 
shortest period of time consistent with the interest of the 
national defense; 
(C) may not be delegated below the level of the Under 
Secretary of Defense for Acquisition, Technology, and Logis-
tics; and 
(D) shall be provided to the Committees on Armed 
Services of the Senate and the House of Representatives 
at least 45 days before the award of a contract pursuant 
to the determination. 
(b) ACQUISITION WORKFORCE.— 
(1) REQUIREMENT.—The Secretary of Defense shall ensure 
that the acquisition workforce is of the appropriate size and 
skill level necessary— 
(A) to accomplish inherently governmental functions 
related to acquisition of major systems; and 
(B) to effectuate the purpose of subsection (a) to mini-
mize and eventually eliminate the use of contractors to 
perform lead systems integrator functions. 
(2) REPORT.—The Secretary shall include an update on 
the progress made in complying with paragraph (1) in the 
annual report required by section 820 of the John Warner 
Effective dates. 
Contracts. 
10 USC 2410p 
note. 
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122 STAT. 207 
PUBLIC LAW 110–181—JAN. 28, 2008 
National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109–364; 120 Stat. 2330). 
(c) EXCEPTION FOR CONTRACTS FOR OTHER MANAGEMENT SERV-
ICES.—The Department of Defense may continue to award contracts 
for the procurement of services the primary purpose of which is 
to perform acquisition support functions with respect to the develop-
ment or production of a major system, if the following conditions 
are met with respect to each such contract: 
(1) The contract prohibits the contractor from performing 
inherently governmental functions. 
(2) The Department of Defense organization responsible 
for the development or production of the major system ensures 
that Federal employees are responsible for— 
(A) determining courses of action to be taken in the 
best interest of the government; and 
(B) determining best technical performance for the 
warfighter. 
(3) The contract requires that the prime contractor for 
the contract may not advise or recommend the award of a 
contract or subcontract for the development or production of 
the major system to an entity owned in whole or in part 
by the prime contractor. 
(d) DEFINITIONS.—In this section: 
(1) LEAD SYSTEMS INTEGRATOR.—The term ‘‘lead systems 
integrator’’ means— 
(A) a prime contractor for the development or produc-
tion of a major system, if the prime contractor is not 
expected at the time of award to perform a substantial 
portion of the work on the system and the major sub-
systems; or 
(B) a prime contractor under a contract for the procure-
ment of services the primary purpose of which is to perform 
acquisition functions closely associated with inherently 
governmental functions with respect to the development 
or production of a major system. 
(2) MAJOR
SYSTEM.—The term ‘‘major system’’ has the 
meaning given such term in section 2302d of title 10, United 
States Code. 
(3) LOW-RATE INITIAL PRODUCTION.—The term ‘‘low-rate ini-
tial production’’ has the meaning given such term in section 
2400 of title 10, United States Code. 
SEC. 803. REINVESTMENT IN DOMESTIC SOURCES OF STRATEGIC 
MATERIALS. 
(a) ASSESSMENT REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Strategic Materials Protection 
Board established pursuant to section 187 of title 10, United States 
Code, shall perform an assessment of the extent to which domestic 
producers of strategic materials are investing and planning to invest 
on a sustained basis in the processes, infrastructure, workforce 
training, and facilities required for the continued domestic produc-
tion of such materials to meet national defense requirements. 
(b) COOPERATION OF DOMESTIC PRODUCERS.—The Department 
of Defense may take into consideration the degree of cooperation 
of any domestic producer of strategic materials with the assessment 
conducted under subsection (a) when determining how much weight 
to accord any comments provided by such domestic producer 
Deadline. 
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122 STAT. 208 
PUBLIC LAW 110–181—JAN. 28, 2008 
regarding a proposed waiver of domestic source limitations pursuant 
to section 2533b of title 10, United States Code. 
(c) REPORT
TO CONGRESSIONAL DEFENSE COMMITTEES.—The 
Board shall include the findings and recommendations of the assess-
ment required by subsection (a) in the first report submitted to 
Congress pursuant to section 187(d) of title 10, United States Code, 
after the completion of such assessment. 
(d) DEFINITION.—The term ‘‘strategic material’’ means— 
(1) a material designated as critical to national security 
by the Strategic Materials Protection Board in accordance with 
section 187 of title 10, United States Code; or 
(2) a specialty metal as defined by section 2533b of title 
10, United States Code. 
SEC. 804. CLARIFICATION OF THE PROTECTION OF STRATEGIC MATE-
RIALS CRITICAL TO NATIONAL SECURITY. 
(a) PROHIBITION.—Subsection (a) of section 2533b of title 10, 
United States Code, is amended— 
(1) by striking ‘‘Except as provided in subsections (b) 
through (j), funds appropriated or otherwise available to the 
Department of Defense may not be used for the procurement 
of—’’ and inserting ‘‘Except as provided in subsections (b) 
through (m), the acquisition by the Department of Defense 
of the following items is prohibited:’’; 
(2) in paragraph (1)— 
(A) by striking ‘‘the following’’ and inserting ‘‘The fol-
lowing’’; and 
(B) by striking ‘‘; or’’ and inserting a period; and 
(3) in paragraph (2), by striking ‘‘a speciality’’ and inserting 
‘‘A specialty’’. 
(b) APPLICABILITY TO ACQUISITION OF COMMERCIAL ITEMS.— 
Subsection (h) of such section is amended to read as follows: 
‘‘(h) APPLICABILITY TO ACQUISITIONS OF COMMERCIAL ITEMS.— 
(1) Except as provided in paragraphs (2) and (3), this section applies 
to acquisitions of commercial items, notwithstanding sections 34 
and 35 of the Office of Federal Procurement Policy Act (41 U.S.C. 
430 and 431). 
‘‘(2) This section does not apply to contracts or subcontracts 
for the acquisition of commercially available off-the-shelf items, 
as defined in section 35(c) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 431(c)), other than— 
‘‘(A) contracts or subcontracts for the acquisition of spe-
cialty metals, including mill products, such as bar, billet, slab, 
wire, plate and sheet, that have not been incorporated into 
end items, subsystems, assemblies, or components; 
‘‘(B) contracts or subcontracts for the acquisition of forgings 
or castings of specialty metals, unless such forgings or castings 
are incorporated into commercially available off-the-shelf end 
items, subsystems, or assemblies; 
‘‘(C) contracts or subcontracts for commercially available 
high performance magnets unless such high performance 
magnets are incorporated into commercially available off-the- 
shelf-end items or subsystems; and 
‘‘(D) contracts or subcontracts for commercially available 
off-the-shelf fasteners, unless such fasteners are— 
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122 STAT. 209 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(i) incorporated into commercially available off-the- 
shelf end items, subsystems, assemblies, or components; 
or 
‘‘(ii) purchased as provided in paragraph (3). 
‘‘(3) This section does not apply to fasteners that are commercial 
items that are purchased under a contract or subcontract with 
a manufacturer of such fasteners, if the manufacturer has certified 
that it will purchase, during the relevant calendar year, an amount 
of domestically melted specialty metal, in the required form, for 
use in the production of such fasteners for sale to the Department 
of Defense and other customers, that is not less than 50 percent 
of the total amount of the specialty metal that it will purchase 
to carry out the production of such fasteners.’’. 
(c) ELECTRONIC COMPONENTS.—Subsection (g) of such section 
is amended by striking ‘‘commercially available’’ and all that follows 
through the end of the subsection and inserting ‘‘electronic compo-
nents, unless the Secretary of Defense, upon the recommendation 
of the Strategic Materials Protection Board pursuant to section 
187 of this title, determines that the domestic availability of a 
particular electronic component is critical to national security.’’. 
(d) ADDITIONAL EXCEPTIONS.—Section 2533b of title 10, United 
States Code, as amended by subsections (a), (b), and (c), is further 
amended— 
(1) by redesignating subsections (i) and (j) as subsections 
(l) and (m), respectively; and 
(2) by inserting after subsection (h) the following new sub-
sections: 
‘‘(i) EXCEPTIONS FOR PURCHASES OF SPECIALTY METALS BELOW 
MINIMUM THRESHOLD.—(1) Notwithstanding subsection (a), the Sec-
retary of Defense or the Secretary of a military department may 
accept delivery of an item containing specialty metals that were 
not melted in the United States if the total amount of noncompliant 
specialty metals in the item does not exceed 2 percent of the 
total weight of specialty metals in the item. 
‘‘(2) This subsection does not apply to high performance 
magnets. 
‘‘(j) STREAMLINED COMPLIANCE FOR COMMERCIAL DERIVATIVE 
MILITARY ARTICLES.—(1) Subsection (a) shall not apply to an item 
acquired under a prime contract if the Secretary of Defense or 
the Secretary of a military department determines that— 
‘‘(A) the item is a commercial derivative military article; 
and 
‘‘(B) the contractor certifies that the contractor and its 
subcontractors have entered into a contractual agreement, or 
agreements, to purchase an amount of domestically melted 
specialty metal in the required form, for use during the period 
of contract performance in the production of the commercial 
derivative military article and the related commercial article, 
that is not less than the greater of— 
‘‘(i) an amount equivalent to 120 percent of the amount 
of specialty metal that is required to carry out the produc-
tion of the commercial derivative military article (including 
the work performed under each subcontract); or 
‘‘(ii) an amount equivalent to 50 percent of the amount 
of specialty metal that is purchased by the contractor and 
Certification. 
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122 STAT. 210 
PUBLIC LAW 110–181—JAN. 28, 2008 
its subcontractors for use during such period in the produc-
tion of the commercial derivative military article and the 
related commercial article. 
‘‘(2) For the purposes of this subsection, the amount of specialty 
metal that is required to carry out the production of the commercial 
derivative military article includes specialty metal contained in 
any item, including commercially available off-the-shelf items, incor-
porated into such commercial derivative military article. 
‘‘(k) NATIONAL SECURITY WAIVER.—(1) Notwithstanding sub-
section (a), the Secretary of Defense may accept the delivery of 
an end item containing noncompliant materials if the Secretary 
determines in writing that acceptance of such end item is necessary 
to the national security interests of the United States. 
‘‘(2) A written determination under paragraph (1)— 
‘‘(A) may not be delegated below the level of the Deputy 
Secretary of Defense or the Under Secretary of Defense for 
Acquisition, Technology, and Logistics; 
‘‘(B) shall specify the quantity of end items to which the 
waiver applies and the time period over which the waiver 
applies; and 
‘‘(C) shall be provided to the congressional defense commit-
tees prior to making such a determination (except that in 
the case of an urgent national security requirement, such cer-
tification may be provided to the defense committees up to 
7 days after it is made). 
‘‘(3)(A) In any case in which the Secretary makes a determina-
tion under paragraph (1), the Secretary shall determine whether 
or not the noncompliance was knowing and willful. 
‘‘(B) If the Secretary determines that the noncompliance was 
not knowing or willful, the Secretary shall ensure that the con-
tractor or subcontractor responsible for the noncompliance develops 
and implements an effective plan to ensure future compliance. 
‘‘(C) If the Secretary determines that the noncompliance was 
knowing or willful, the Secretary shall— 
‘‘(i) require the development and implementation of a plan 
to ensure future compliance; and 
‘‘(ii) consider suspending or debarring the contractor or 
subcontractor until such time as the contractor or subcontractor 
has effectively addressed the issues that lead to such noncompli-
ance.’’. 
(e) ADDITIONAL DEFINITIONS.—Subsection (m) of section 2533b 
of title 10, United States Code, as redesignated by subsection (c), 
is further amended by adding at the end the following: 
‘‘(3) The term ‘acquisition’ has the meaning provided in 
section 4 of the Office of Federal Procurement Policy Act (41 
U.S.C. 403). 
‘‘(4) The term ‘required form’ shall not apply to end items 
or to their components at any tier. The term ‘required form’ 
means in the form of mill product, such as bar, billet, wire, 
slab, plate or sheet, and in the grade appropriate for the produc-
tion of— 
‘‘(A) a finished end item delivered to the Department 
of Defense; or 
‘‘(B) a finished component assembled into an end item 
delivered to the Department of Defense. 
Determination. 
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122 STAT. 211 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(5) The term ‘commercially available off-the-shelf’, has 
the meaning provided in section 35(c) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 431(c)). 
‘‘(6) The term ‘assemblies’ means items forming a portion 
of a system or subsystem that can be provisioned and replaced 
as an entity and which incorporates multiple, replaceable parts. 
‘‘(7) The term ‘commercial derivative military article’ means 
an item procured by the Department of Defense that is or 
will be produced using the same production facilities, a common 
supply chain, and the same or similar production processes 
that are used for the production of articles predominantly used 
by the general public or by nongovernmental entities for pur-
poses other than governmental purposes. 
‘‘(8) The term ‘subsystem’ means a functional grouping 
of items that combine to perform a major function within an 
end item, such as electrical power, attitude control, and propul-
sion. 
‘‘(9) The term ‘end item’ means the final production product 
when assembled or completed, and ready for issue, delivery, 
or deployment. 
‘‘(10) The term ‘subcontract’ includes a subcontract at any 
tier.’’. 
(f) CONFORMING AMENDMENTS.—Section 2533b of title 10, 
United States Code, is further amended— 
(1) in subsection (c)— 
(A) in the heading, by striking ‘‘PROCUREMENTS’’ and 
inserting ‘‘ACQUISITIONS’’; and 
(B) in paragraphs (1) and (2), by striking ‘‘Procure-
ments’’ and inserting ‘‘Acquisitions’’; 
(2) in subsection (d), by striking ‘‘procurement’’ each place 
it appears and inserting ‘‘acquisition’’; and 
(3) in subsections (f) and (g), by striking ‘‘procurements’’ 
each place it appears and inserting ‘‘acquisitions’’. 
(g) IMPLEMENTATION.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense shall prescribe 
regulations on the implementation of this section and the amend-
ments made by this section, including specific guidance on how 
thresholds established in subsections (h)(3), (i) and (j) of section 
2533b of title 10, United States Code, as amended by this section, 
should be implemented. 
(h) REVISION OF DOMESTIC NONAVAILABILITY DETERMINATIONS 
AND RULES.—No later than 180 days after the date of the enactment 
of this Act, any domestic nonavailability determination under sec-
tion 2533b of title 10, United States Code, including a class devi-
ation, or rules made by the Department of Defense between 
December 6, 2006, and the date of the enactment of this Act, 
shall be reviewed and amended, as necessary, to comply with the 
amendments made by this section. This requirement shall not apply 
to a domestic nonavailability determination that applies to— 
(1) an individual contract that was entered into before 
the date of the enactment of this Act; or 
(2) an individual Department of Defense program, except 
to the extent that such domestic nonavailability determination 
applies to contracts entered into after the date of the enactment 
of this Act. 
(i) TRANSPARENCY REQUIREMENT
FOR COMMERCIALLY AVAIL-
ABLE OFF-THE-SHELF ITEM EXCEPTION.—The Secretary of Defense 
Deadlines. 
Reports. 
Deadline. 
10 USC 2533b 
note. 
Deadline. 
Regulations. 
10 USC 2533b 
note. 
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122 STAT. 212 
PUBLIC LAW 110–181—JAN. 28, 2008 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives, not later than December 30, 2008, 
a report on the use of authority provided under subsection (h) 
of section 2533b of title 10, United States Code, as amended by 
this section. Such report shall include, at a minimum, a description 
of types of items being procured as commercially available off- 
the-shelf items under such subsection and incorporated into non-
commercial items. The Secretary shall submit an update of such 
report to such committees not later than December 30, 2009. 
SEC. 805. PROCUREMENT OF COMMERCIAL SERVICES. 
(a) REGULATIONS REQUIRED.—Not later than 180 days after 
the date of the enactment of this Act , the Secretary of Defense 
shall modify the regulations of the Department of Defense for 
the procurement of commercial services for or on behalf of the 
Department of Defense. 
(b) APPLICABILITY OF COMMERCIAL PROCEDURES.— 
(1) SERVICES OF A TYPE SOLD IN MARKETPLACE.—The regula-
tions modified pursuant to subsection (a) shall ensure that 
services that are not offered and sold competitively in substan-
tial quantities in the commercial marketplace, but are of a 
type offered and sold competitively in substantial quantities 
in the commercial marketplace, may be treated as commercial 
items for purposes of section 2306a of title 10, United States 
Code (relating to truth in negotiations), only if the contracting 
officer determines in writing that the offeror has submitted 
sufficient information to evaluate, through price analysis, the 
reasonableness of the price for such services. 
(2) INFORMATION SUBMITTED.—To the extent necessary to 
make a determination under paragraph (1), the contracting 
officer may request the offeror to submit— 
(A) prices paid for the same or similar commercial 
items under comparable terms and conditions by both 
government and commercial customers; and 
(B) if the contracting officer determines that the 
information described in subparagraph (A) is not sufficient 
to determine the reasonableness of price, other relevant 
information regarding the basis for price or cost, including 
information on labor costs, material costs, and overhead 
rates. 
(c) TIME-AND-MATERIALS CONTRACTS.— 
(1) COMMERCIAL
ITEM
ACQUISITIONS.—The regulations 
modified pursuant to subsection (a) shall ensure that procedures 
applicable to time-and-materials contracts and labor-hour con-
tracts for commercial item acquisitions may be used only for 
the following: 
(A) Services procured for support of a commercial item, 
as described in section 4(12)(E) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(12)(E)). 
(B) Emergency repair services. 
(C) Any other commercial services only to the extent 
that the head of the agency concerned approves a deter-
mination in writing by the contracting officer that— 
(i) the services to be acquired are commercial serv-
ices as defined in section 4(12)(F) of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 403(12)(F)); 
10 USC 2330 
note. 
Deadline. 
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122 STAT. 213 
PUBLIC LAW 110–181—JAN. 28, 2008 
(ii) if the services to be acquired are subject to 
subsection (b), the offeror of the services has submitted 
sufficient information in accordance with that sub-
section; 
(iii) such services are commonly sold to the general 
public through use of time-and-materials or labor-hour 
contracts; and 
(iv) the use of a time-and-materials or labor-hour 
contract type is in the best interest of the Government. 
(2) NON-COMMERCIAL ITEM ACQUISITIONS.—Nothing in this 
subsection shall be construed to preclude the use of procedures 
applicable to time-and-materials contracts and labor-hour con-
tracts for non-commercial item acquisitions for the acquisition 
of any category of services. 
SEC. 806. SPECIFICATION OF AMOUNTS REQUESTED FOR PROCURE-
MENT OF CONTRACT SERVICES. 
(a) SPECIFICATION OF AMOUNTS REQUESTED.—The budget jus-
tification materials submitted to Congress in support of the budget 
of the Department of Defense for any fiscal year after fiscal year 
2009 shall identify clearly and separately the amounts requested 
in each budget account for the procurement of contract services. 
(b) INFORMATION PROVIDED.—For each budget account, the 
materials submitted shall clearly identify— 
(1) the amount requested for each Department of Defense 
component, installation, or activity; and 
(2) the amount requested for each type of service to be 
provided. 
(c) CONTRACT SERVICES DEFINED.—In this section, the term 
‘‘contract services’’— 
(1) means services from contractors; but 
(2) excludes services relating to research and development 
and services relating to military construction. 
SEC. 807. INVENTORIES AND REVIEWS OF CONTRACTS FOR SERVICES. 
(a) INVENTORY REQUIREMENT.—Section 2330a of title 10, United 
States Code, is amended— 
(1) by redesignating subsection (d) as subsection (g); 
(2) by striking subsection (c) and inserting the following: 
‘‘(c) INVENTORY.—(1) Not later than the end of the third quarter 
of each fiscal year, the Secretary of Defense shall submit to Congress 
an annual inventory of the activities performed during the preceding 
fiscal year pursuant to contracts for services for or on behalf of 
the Department of Defense. The entry for an activity on an inven-
tory under this subsection shall include, for the fiscal year covered 
by such entry, the following: 
‘‘(A) The functions and missions performed by the con-
tractor. 
‘‘(B) The contracting organization, the component of the 
Department of Defense administering the contract, and the 
organization whose requirements are being met through con-
tractor performance of the function. 
‘‘(C) The funding source for the contract under which the 
function is performed by appropriation and operating agency. 
‘‘(D) The fiscal year for which the activity first appeared 
on an inventory under this section. 
‘‘(E) The number of full-time contractor employees (or its 
equivalent) paid for the performance of the activity. 
Deadline. 
10 USC 221 note. 
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122 STAT. 214 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(F) A determination whether the contract pursuant to 
which the activity is performed is a personal services contract. 
‘‘(G) A summary of the data required to be collected for 
the activity under subsection (a). 
‘‘(2) The inventory required under this subsection shall be sub-
mitted in unclassified form, but may include a classified annex. 
‘‘(d) PUBLIC AVAILABILITY OF INVENTORIES.—Not later than 30 
days after the date on which an inventory under subsection (c) 
is required to be submitted to Congress, the Secretary shall— 
‘‘(1) make the inventory available to the public; and 
‘‘(2) publish in the Federal Register a notice that the inven-
tory is available to the public. 
‘‘(e) REVIEW AND PLANNING REQUIREMENTS.—Within 90 days 
after the date on which an inventory is submitted under subsection 
(c), the Secretary of the military department or head of the Defense 
Agency responsible for activities in the inventory shall— 
‘‘(1) review the contracts and activities in the inventory 
for which such Secretary or agency head is responsible; 
‘‘(2) ensure that— 
‘‘(A) each contract on the list that is a personal services 
contract has been entered into, and is being performed, 
in accordance with applicable statutory and regulatory 
requirements; 
‘‘(B) the activities on the list do not include any inher-
ently governmental functions; and 
‘‘(C) to the maximum extent practicable, the activities 
on the list do not include any functions closely associated 
with inherently governmental functions; 
‘‘(3) identify activities that should be considered for conver-
sion— 
‘‘(A) to performance by civilian employees of the 
Department of Defense pursuant to section 2463 of this 
title; or 
‘‘(B) to an acquisition approach that would be more 
advantageous to the Department of Defense; and 
‘‘(4) develop a plan to provide for appropriate consideration 
of the conversion of activities identified under paragraph (3) 
within a reasonable period of time. 
‘‘(f) RULE
OF CONSTRUCTION.—Nothing in this section shall 
be construed to authorize the performance of personal services 
by a contractor except where expressly authorized by a provision 
of law other than this section.’’; and 
(3) by adding at the end of subsection (g) (as so redesig-
nated) the following new paragraphs: 
‘‘(3) FUNCTION
CLOSELY
ASSOCIATED
WITH
INHERENTLY 
GOVERNMENTAL FUNCTIONS.—The term ‘function closely associ-
ated with inherently governmental functions’ has the meaning 
given that term in section 2383(b)(3) of this title. 
‘‘(4) INHERENTLY
GOVERNMENTAL
FUNCTIONS.—The term 
‘inherently governmental functions’ has the meaning given that 
term in section 2383(b)(2) of this title. 
‘‘(5) PERSONAL
SERVICES
CONTRACT.—The term ‘personal 
services contract’ means a contract under which, as a result 
of its terms or conditions or the manner of its administration 
during performance, contractor personnel are subject to the 
relatively continuous supervision and control of one or more 
Government officers or employees, except that the giving of 
Deadline. 
Deadline. 
Federal Register, 
publication. 
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122 STAT. 215 
PUBLIC LAW 110–181—JAN. 28, 2008 
an order for a specific article or service, with the right to 
reject the finished product or result, is not the type of super-
vision or control that makes a contract a personal services 
contract.’’. 
(b) EFFECTIVE DATE.— 
(1) The amendments made by subsection (a) shall be effec-
tive upon the date of the enactment of this Act. 
(2) The first inventory required by section 2330a(c) of title 
10, United States Code, as added by subsection (a), shall be 
submitted not later than the end of the third quarter of fiscal 
year 2008. 
SEC. 808. INDEPENDENT MANAGEMENT REVIEWS OF CONTRACTS FOR 
SERVICES. 
(a) GUIDANCE AND INSTRUCTIONS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall issue guidance, with detailed implementation instructions, 
for the Department of Defense to provide for periodic independent 
management reviews of contracts for services. The independent 
management review guidance and instructions issued pursuant to 
this subsection shall be designed to evaluate, at a minimum— 
(1) contract performance in terms of cost, schedule, and 
requirements; 
(2) the use of contracting mechanisms, including the use 
of competition, the contract structure and type, the definition 
of contract requirements, cost or pricing methods, the award 
and negotiation of task orders, and management and oversight 
mechanisms; 
(3) the contractor’s use, management, and oversight of sub-
contractors; 
(4) the staffing of contract management and oversight func-
tions; and 
(5) the extent of any pass-throughs, and excessive pass- 
through charges (as defined in section 852 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007), by 
the contractor. 
(b) ADDITIONAL SUBJECT OF REVIEW.—In addition to the mat-
ters required by subsection (a), the guidance and instructions issued 
pursuant to subsection (a) shall provide for procedures for the 
periodic review of contracts under which one contractor provides 
oversight for services performed by other contractors. In particular, 
the procedures shall be designed to evaluate, at a minimum— 
(1) the extent of the agency’s reliance on the contractor 
to perform acquisition functions closely associated with inher-
ently governmental functions as defined in section 2383(b)(3) 
of title 10, United States Code; and 
(2) the financial interest of any prime contractor performing 
acquisition functions described in paragraph (1) in any contract 
or subcontract with regard to which the contractor provided 
advice or recommendations to the agency. 
(c) ELEMENTS.—The guidance and instructions issued pursuant 
to subsection (a) shall address, at a minimum— 
(1) the contracts subject to independent management 
reviews, including any applicable thresholds and exceptions; 
(2) the frequency with which independent management 
reviews shall be conducted; 
Deadline. 
10 USC 2330 
note. 
Deadline. 
10 USC 2330a 
note. 
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122 STAT. 216 
PUBLIC LAW 110–181—JAN. 28, 2008 
(3) the composition of teams designated to perform inde-
pendent management reviews; 
(4) any phase-in requirements needed to ensure that quali-
fied staff are available to perform independent management 
reviews; 
(5) procedures for tracking the implementation of rec-
ommendations made by independent management review 
teams; and 
(6) procedures for developing and disseminating lessons 
learned from independent management reviews. 
(c) REPORTS.— 
(1) REPORT ON GUIDANCE AND INSTRUCTION.—Not later than 
270 days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the congressional defense 
committees a report setting forth the guidance and instructions 
issued pursuant to subsection (a). 
(2) GAO REPORT ON IMPLEMENTATION.—Not later than two 
years after the date of the enactment of this Act, the Comp-
troller General of the United States shall submit to the congres-
sional defense committees a report on the implementation of 
the guidance and instructions issued pursuant to subsection 
(a). 
SEC. 809. IMPLEMENTATION AND ENFORCEMENT OF REQUIREMENTS 
APPLICABLE 
TO 
UNDEFINITIZED 
CONTRACTUAL 
ACTIONS. 
(a) GUIDANCE AND INSTRUCTIONS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall issue guidance, with detailed implementation instructions, 
for the Department of Defense to ensure the implementation and 
enforcement of requirements applicable to undefinitized contractual 
actions. 
(b) ELEMENTS.—The guidance and instructions issued pursuant 
to subsection (a) shall address, at a minimum— 
(1) the circumstances in which it is, and is not, appropriate 
for Department of Defense officials to use undefinitized contrac-
tual actions; 
(2) approval requirements (including thresholds) for the 
use of undefinitized contractual actions; 
(3) procedures for ensuring that timelines for the 
definitization of undefinitized contractual actions are met; 
(4) procedures for ensuring compliance with regulatory 
limitations on the obligation of funds pursuant to undefinitized 
contractual actions; 
(5) procedures for ensuring compliance with regulatory 
limitations on profit or fee with respect to costs incurred before 
the definitization of an undefinitized contractual action; and 
(6) reporting requirements for undefinitized contractual 
actions that fail to meet required timelines for definitization 
or fail to comply with regulatory limitations on the obligation 
of funds or on profit or fee. 
(c) REPORTS.— 
(1) REPORT ON GUIDANCE AND INSTRUCTIONS.—Not later 
than 210 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the congressional 
defense committees a report setting forth the guidance and 
instructions issued pursuant to subsection (a). 
Deadline. 
10 USC 2326 
note. 
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122 STAT. 217 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) GAO REPORT.—Not later than two years after the date 
of the enactment of this Act, the Comptroller General of the 
United States shall submit to the congressional defense commit-
tees a report on the extent to which the guidance and instruc-
tions issued pursuant to subsection (a) have resulted in 
improvements to— 
(A) the level of insight that senior Department of 
Defense officials have into the use of undefinitized contrac-
tual actions; 
(B) the appropriate use of undefinitized contractual 
actions; 
(C) the timely definitization of undefinitized contrac-
tual actions; and 
(D) the negotiation of appropriate profits and fees for 
undefinitized contractual actions. 
SEC. 810. CLARIFICATION OF LIMITED ACQUISITION AUTHORITY FOR 
SPECIAL OPERATIONS COMMAND. 
Section 167(e)(4) of title 10, United States Code, is amended— 
(1) by redesignating subparagraph (C) as subparagraph 
(D); and 
(2) by inserting after subparagraph (B) the following new 
subparagraph: 
‘‘(C)(i) The staff of the commander shall include a command 
acquisition executive, who shall be responsible for the overall super-
vision of acquisition matters for the special operations command. 
The command acquisition executive shall have the authority to— 
‘‘(I) negotiate memoranda of agreement with the military 
departments to carry out the acquisition of equipment, material, 
supplies, and services described in subparagraph (A) on behalf 
of the command; 
‘‘(II) supervise the acquisition of equipment, material, sup-
plies, and services described in subparagraph (A), regardless 
of whether such acquisition is carried out by the command, 
or by a military department pursuant to a delegation of 
authority by the command; 
‘‘(III) represent the command in discussions with the mili-
tary departments regarding acquisition programs for which 
the command is a customer; and 
‘‘(IV) work with the military departments to ensure that 
the command is appropriately represented in any joint working 
group or integrated product team regarding acquisition pro-
grams for which the command is a customer. 
‘‘(ii) The command acquisition executive of the special oper-
ations command shall be included on the distribution list for acquisi-
tion directives and instructions of the Department of Defense.’’. 
Subtitle B—Provisions Relating to Major 
Defense Acquisition Programs 
SEC. 811. REQUIREMENTS APPLICABLE TO MULTIYEAR CONTRACTS 
FOR THE PROCUREMENT OF MAJOR SYSTEMS OF THE 
DEPARTMENT OF DEFENSE. 
(a) ADDITIONAL REQUIREMENTS APPLICABLE TO MULTIYEAR CON-
TRACTS.—Section 2306b of title 10, United States Code, is amended 
as follows: 
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122 STAT. 218 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) Subsection (a) of such section is amended by adding 
at the end the following new paragraph: 
‘‘(7) In the case of a contract in an amount equal to or 
greater than $500,000,000, that the conditions required by sub-
paragraphs (C) through (F) of paragraph (1) of subsection (i) 
will be met, in accordance with the Secretary’s certification 
and determination under such subsection, by such contract.’’. 
(2) Subsection (i)(1) of such section is amended by inserting 
after ‘‘unless’’ the following: ‘‘the Secretary of Defense certifies 
in writing by no later than March 1 of the year in which 
the Secretary requests legislative authority to enter into such 
contract that’’. 
(3) Subsection (i)(1) of such section is further amended— 
(A) by redesignating subparagraph (B) as subpara-
graph (G); and 
(B) by striking subparagraph (A) and inserting the 
following: 
‘‘(A) The Secretary has determined that each of the require-
ments in paragraphs (1) through (6) of subsection (a) will 
be met by such contract and has provided the basis for such 
determination to the congressional defense committees. 
‘‘(B) The Secretary’s determination under subparagraph (A) 
was made after the completion of a cost analysis performed 
by the Cost Analysis Improvement Group of the Department 
of Defense and such analysis supports the findings. 
‘‘(C) The system being acquired pursuant to such contract 
has not been determined to have experienced cost growth in 
excess of the critical cost growth threshold pursuant to section 
2433(d) of this title within 5 years prior to the date the Sec-
retary anticipates such contract (or a contract for advance 
procurement entered into consistent with the authorization for 
such contract) will be awarded. 
‘‘(D) A sufficient number of end items of the system being 
acquired under such contract have been delivered at or within 
the most current estimates of the program acquisition unit 
cost or procurement unit cost for such system to determine 
that current estimates of such unit costs are realistic. 
‘‘(E) During the fiscal year in which such contract is to 
be awarded, sufficient funds will be available to perform the 
contract in such fiscal year, and the future-years defense pro-
gram for such fiscal year will include the funding required 
to execute the program without cancellation. 
‘‘(F) The contract is a fixed price type contract.’’. 
(4) Subsection (i) of such section is further amended by 
adding at the end the following new paragraphs: 
‘‘(5) The Secretary may make the certification under paragraph 
(1) notwithstanding the fact that one or more of the conditions 
of such certification are not met if the Secretary determines that, 
due to exceptional circumstances, proceeding with a multiyear con-
tract under this section is in the best interest of the Department 
of Defense and the Secretary provides the basis for such determina-
tion with the certification. 
‘‘(6) The Secretary of Defense may not delegate the authority 
to make the certification under paragraph (1) or the determination 
under paragraph (5) to an official below the level of Under Secretary 
of Defense for Acquisition, Technology, and Logistics. 
Certification. 
Deadline. 
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122 STAT. 219 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(7) The Secretary of Defense shall send a notification con-
taining the findings of the agency head under subsection (a), and 
the basis for such findings, 30 days prior to the award of a multiyear 
contract for a defense acquisition program that has been specifically 
authorized by law.’’. 
(5) Such section is further amended by adding at the end 
the following new subsection: 
‘‘(m) INCREASED FUNDING AND REPROGRAMMING REQUESTS.— 
Any request for increased funding for the procurement of a major 
system under a multiyear contract authorized under this section 
shall be accompanied by an explanation of how the request for 
increased funding affects the determinations made by the Secretary 
under subsection (i).’’. 
(b) APPLICABILITY.—The amendments made by this section shall 
take effect on the date of the enactment of this Act and shall 
apply with respect to multiyear contracts for the purchase of major 
systems for which legislative authority is requested on or after 
that date. 
SEC. 812. CHANGES TO MILESTONE B CERTIFICATIONS. 
Section 2366a of title 10, United States Code, is amended— 
(1) by amending subsection (a) to read as follows: 
‘‘(a) CERTIFICATION.—A major defense acquisition program may 
not receive Milestone B approval, or Key Decision Point B approval 
in the case of a space program, until the milestone decision 
authority— 
‘‘(1) has received a business case analysis and certifies 
on the basis of the analysis that— 
‘‘(A) the program is affordable when considering the 
ability of the Department of Defense to accomplish the 
program’s mission using alternative systems; 
‘‘(B) the program is affordable when considering the 
per unit cost and the total acquisition cost in the context 
of the total resources available during the period covered 
by the future-years defense program submitted during the 
fiscal year in which the certification is made; 
‘‘(C) reasonable cost and schedule estimates have been 
developed to execute the product development and produc-
tion plan under the program; and 
‘‘(D) funding is available to execute the product 
development and production plan under the program, 
through the period covered by the future-years defense 
program submitted during the fiscal year in which the 
certification is made, consistent with the estimates 
described in subparagraph (C) for the program; and 
‘‘(2) further certifies that— 
‘‘(A) appropriate market research has been conducted 
prior to technology development to reduce duplication of 
existing technology and products; 
‘‘(B) the Department of Defense has completed an anal-
ysis of alternatives with respect to the program; 
‘‘(C) the Joint Requirements Oversight Council has 
accomplished its duties with respect to the program pursu-
ant to section 181(b) of this title, including an analysis 
of the operational requirements for the program; 
‘‘(D) the technology in the program has been dem-
onstrated in a relevant environment; 
Effective date. 
10 USC 2306b 
note. 
Notification. 
Deadline. 
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122 STAT. 220 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(E) the program demonstrates a high likelihood of 
accomplishing its intended mission; and 
‘‘(F) the program complies with all relevant policies, 
regulations, and directives of the Department of Defense.’’; 
(2) by redesignating subsections (b), (c), (d), and (e) as 
subsections (c), (d), (e), and (f), respectively; 
(3) by inserting after subsection (a) the following new sub-
section (b): 
‘‘(b) CHANGES TO CERTIFICATION.—(1) The program manager 
for a major defense acquisition program that has received certifi-
cation under subsection (a) shall immediately notify the milestone 
decision authority of any changes to the program that— 
‘‘(A) alter the substantive basis for the certification of the 
milestone decision authority relating to any component of such 
certification specified in paragraph (1) or (2) of subsection (a); 
or 
‘‘(B) otherwise cause the program to deviate significantly 
from the material provided to the milestone decision authority 
in support of such certification. 
‘‘(2) Upon receipt of information under paragraph (1), the mile-
stone decision authority may withdraw the certification concerned 
or rescind Milestone B approval (or Key Decision Point B approval 
in the case of a space program) if the milestone decision authority 
determines that such certification or approval is no longer valid.’’; 
(4) in subsection (c), as redesignated by paragraph (1)— 
(A) by inserting ‘‘(1)’’ before ‘‘The certification’’; and 
(B) by adding at the end the following new paragraph 
(2): 
‘‘(2) A summary of any information provided to the milestone 
decision authority pursuant to subsection (b) and a description 
of the actions taken as a result of such information shall be sub-
mitted with the first Selected Acquisition Report submitted under 
section 2432 of this title after receipt of such information by the 
milestone decision authority.’’; 
(5) in subsection (d), as so redesignated— 
(A) by striking ‘‘authority may waive’’ and inserting 
the following: ‘‘authority may, at the time of Milestone 
B approval (or Key Decision Point B approval in the case 
of a space program) or at the time that such milestone 
decision authority withdraws a certification or rescinds 
Milestone B approval (or Key Decision Point B approval 
in the case of a space program) pursuant to subsection 
(b)(2), waive’’; and 
(B) by striking ‘‘paragraph (1), (2), (3), (4), (5), (6), 
(7), (8), or (9)’’ and inserting ‘‘paragraph (1) or (2)’’; and 
(6) in subsection (e), as so redesignated, by striking ‘‘sub-
section (c)’’ and inserting ‘‘subsection (d)’’. 
SEC. 813. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF 
DEFENSE ORGANIZATION AND STRUCTURE FOR MAJOR 
DEFENSE ACQUISITION PROGRAMS. 
(a) REPORT REQUIRED.—Not later than one year after the date 
of the enactment of this Act, the Comptroller General of the United 
States shall submit to the congressional defense committees a report 
on potential modifications of the organization and structure of the 
Department of Defense for major defense acquisition programs. 
Notification. 
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122 STAT. 221 
PUBLIC LAW 110–181—JAN. 28, 2008 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the results of a review, conducted by the Comptroller Gen-
eral for purposes of the report, regarding the feasibility and advis-
ability of, at a minimum, the following: 
(1) Revising the acquisition process for major defense 
acquisition programs by establishing shorter, more frequent 
acquisition program milestones. 
(2) Requiring certifications of program status to the defense 
acquisition executive and Congress prior to milestone approval 
for major defense acquisition programs. 
(3) Establishing a new office (to be known as the ‘‘Office 
of Independent Assessment’’) to provide independent cost esti-
mates and performance estimates for major defense acquisition 
programs. 
(4) Requiring the milestone decision authority for a major 
defense acquisition program to specify, at the time of Milestone 
B approval, or Key Decision Point B approval, as applicable, 
the period of time that will be required to deliver an initial 
operational capability to the relevant combatant commanders. 
(5) Establishing a materiel solutions process for addressing 
identified gaps in critical warfighting capabilities, under which 
process the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics circulates among the military departments 
and appropriate Defense Agencies a request for proposals for 
technologies and systems to address such gaps. 
(6) Modifying the role played by chiefs of staff of the Armed 
Forces in the requirements, resource allocation, and acquisition 
processes. 
(7) Establishing a process in which the commanders of 
combatant commands assess, and provide input on, the capabili-
ties needed to successfully accomplish the missions in the oper-
ational and contingency plans of their commands over a long- 
term planning horizon of 15 years or more, taking into account 
expected changes in threats, the geo-political environment, and 
doctrine, training, and operational concepts. 
(c) CONSULTATION.—In conducting the review required under 
subsection (b) for the report required by subsection (a), the Comp-
troller General shall obtain the views of the following: 
(1) Senior acquisition officials currently serving in the 
Department of Defense. 
(2) Senior military officers involved in setting requirements 
for the joint staff, the Armed Forces, and the combatant com-
mands currently serving in the Department of Defense. 
(3) Individuals who formerly served as senior acquisition 
officials in the Department of Defense. 
(4) Participants in previous reviews of the organization 
and structure of the Department of Defense for the acquisition 
of major weapon systems, including the President’s Blue Ribbon 
Commission on Defense Management in 1986. 
(5) Other experts on the acquisition of major weapon sys-
tems. 
(6) Appropriate experts in the Government Accountability 
Office. 
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122 STAT. 222 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 814. CLARIFICATION OF SUBMISSION OF COST OR PRICING DATA 
ON NONCOMMERCIAL MODIFICATIONS OF COMMERCIAL 
ITEMS. 
(a) MEASUREMENT OF PERCENTAGE AT CONTRACT AWARD.—Sec-
tion 2306a(b)(3)(A) of title 10, United States Code, is amended 
by inserting after ‘‘total price of the contract’’ the following: ‘‘(at 
the time of contract award)’’. 
(b) HARMONIZATION
OF THRESHOLDS
FOR COST
OR PRICING 
DATA.—Section 2306a(b)(3)(A) of title 10, United States Code, is 
amended by striking ‘‘$500,000’’ and inserting ‘‘the amount specified 
in subsection (a)(1)(A)(i), as adjusted from time to time under sub-
section (a)(7),’’. 
SEC. 815. CLARIFICATION OF RULES REGARDING THE PROCUREMENT 
OF COMMERCIAL ITEMS. 
(a) TREATMENT
OF SUBSYSTEMS, COMPONENTS, AND SPARE 
PARTS AS COMMERCIAL ITEMS.— 
(1) IN GENERAL.—Section 2379 of title 10, United States 
Code, is amended— 
(A) in subsection (a)— 
(i) by redesignating paragraph (2) as paragraph 
(3); 
(ii) in paragraph (1)(B), by striking ‘‘and’’ at the 
end; and 
(iii) by inserting after paragraph (1), the following: 
‘‘(2) the offeror has submitted sufficient information to 
evaluate, through price analysis, the reasonableness of the 
price for such system; and’’; 
(B) by striking subsection (b) and inserting the fol-
lowing new subsection (b): 
‘‘(b) TREATMENT
OF SUBSYSTEMS
AS COMMERCIAL ITEMS.—A 
subsystem of a major weapon system (other than a commercially 
available off-the-shelf item as defined in section 35(c) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 431(c))) shall be 
treated as a commercial item and purchased under procedures 
established for the procurement of commercial items only if— 
‘‘(1) the subsystem is intended for a major weapon system 
that is being purchased, or has been purchased, under proce-
dures established for the procurement of commercial items 
in accordance with the requirements of subsection (a); or 
‘‘(2) the contracting officer determines in writing that— 
‘‘(A) the subsystem is a commercial item, as defined 
in section 4(12) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 403(12)); and 
‘‘(B) the offeror has submitted sufficient information 
to evaluate, through price analysis, the reasonableness of 
the price for such subsystem.’’; 
(C) by redesignating subsections (c) and (d) as sub-
sections (e) and (f), respectively; and 
(D) by inserting after subsection (b) the following new 
subsections (c) and (d): 
‘‘(c) TREATMENT OF COMPONENTS AND SPARE PARTS AS COMMER-
CIAL ITEMS.—(1) A component or spare part for a major weapon 
system (other than a commercially available off-the-shelf item as 
defined in section 35(c) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 431(c))) may be treated as a commercial item for 
the purposes of section 2306a of this title only if— 
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122 STAT. 223 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(A) the component or spare part is intended for— 
‘‘(i) a major weapon system that is being purchased, 
or has been purchased, under procedures established for 
the procurement of commercial items in accordance with 
the requirements of subsection (a); or 
‘‘(ii) a subsystem of a major weapon system that is 
being purchased, or has been purchased, under procedures 
established for the procurement of commercial items in 
accordance with the requirements of subsection (b); or 
‘‘(B) the contracting officer determines in writing that— 
‘‘(i) the component or spare part is a commercial item, 
as defined in section 4(12) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 403(12)); and 
‘‘(ii) the offeror has submitted sufficient information 
to evaluate, through price analysis, the reasonableness of 
the price for such component or spare part. 
‘‘(2) This subsection shall apply only to components and spare 
parts that are acquired by the Department of Defense through 
a prime contract or a modification to a prime contract (or through 
a subcontract under a prime contract or modification to a prime 
contract on which the prime contractor adds no, or negligible, 
value). 
‘‘(d) INFORMATION SUBMITTED.—To the extent necessary to 
make a determination under subsection (a)(2), (b)(2), or (c)(1)(B), 
the contracting officer may request the offeror to submit— 
‘‘(1) prices paid for the same or similar commercial items 
under comparable terms and conditions by both government 
and commercial customers; and 
‘‘(2) if the contracting officer determines that the informa-
tion described in paragraph (1) is not sufficient to determine 
the reasonableness of price, other relevant information 
regarding the basis for price or cost, including information 
on labor costs, material costs, and overhead rates.’’. 
(2) CONFORMING AMENDMENT TO TECHNICAL DATA PROVI-
SION.—Section 2321(f)(2) of such title is amended by striking 
‘‘(whether or not under a contract for commercial items)’’ and 
inserting ‘‘(other than technical data for a commercially avail-
able off-the-shelf item as defined in section 35(c) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 431(c)))’’. 
(b) SALES OF COMMERCIAL ITEMS TO NONGOVERNMENTAL ENTI-
TIES.—Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall modify the regulations 
of the Department of Defense on the procurement of commercial 
items in order to clarify that the terms ‘‘general public’’ and ‘‘non-
governmental entities’’ in such regulations do not include the Fed-
eral Government or a State, local, or foreign government. 
SEC. 816. REVIEW OF SYSTEMIC DEFICIENCIES ON MAJOR DEFENSE 
ACQUISITION PROGRAMS. 
(a) ANNUAL REVIEW.—The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall conduct an annual 
review of systemic deficiencies in the major defense acquisition 
programs of the Department of Defense for each fiscal year in 
which three or more major defense acquisition programs— 
(1) experience a critical cost growth threshold breach; 
(2) have a section 2366a certification withdrawn; or 
Deadline. 
Regulations. 
10 USC 2302 
note. 
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122 STAT. 224 
PUBLIC LAW 110–181—JAN. 28, 2008 
(3) have a Milestone A approval or Key Decision Point 
A approval rescinded, by the milestone decision authority under 
subsection (b) of section 2366b of title 10, United States Code, 
as added by section 943 of this Act. 
(b) CONTENT OF REVIEW.—The review conducted under sub-
section (a) shall— 
(1) identify common factors, including any systemic defi-
ciencies in the budget, requirements, and acquisition policies 
and practices, that may have contributed to problems with 
major defense acquisition programs covered by the criteria in 
subsection (a); 
(2) assess the adequacy of corrective actions taken or to 
be taken to address cost growth or other performance defi-
ciencies in programs covered by the criteria in subsection (a); 
and 
(3) make recommendations for any changes in budget, 
requirements, and acquisition policies and practices that may 
be appropriate to avoid similar problems with major defense 
acquisition programs in the future. 
(c) DEFINITIONS.—In this section: 
(1) CRITICAL COST GROWTH THRESHOLD BREACH.—The term 
‘‘critical cost growth threshold breach’’ means a determination 
under section 2433(d) of title 10, United States Code, by the 
Secretary of a military department with respect to a major 
defense acquisition program that the program acquisition unit 
cost has increased by a percentage equal to or greater than 
the critical cost growth threshold or that the procurement unit 
cost has increased by a percentage equal to or greater than 
the critical cost growth threshold. 
(2) SECTION 2366a CERTIFICATION.—The term ‘‘section 2366a 
certification’’ means a certification with respect to a major 
defense acquisition program under section 2366a(a) of title 
10, United States Code, by the milestone decision authority. 
(d) REPORT.—Not later than July 15, 2008, and not later than 
August 15 of each year from 2009 through 2012, the Secretary 
of Defense shall submit to the congressional defense committees 
a report on the results of the annual review conducted (if any) 
for the preceding fiscal year under subsection (a). 
(e) SUNSET.—The requirement to conduct an annual review 
under subsection (a) shall terminate on September 30, 2012. 
SEC. 817. INVESTMENT STRATEGY FOR MAJOR DEFENSE ACQUISITION 
PROGRAMS. 
(a) REPORT REQUIRED.—Not later than May 1, 2008, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report on the strategies of the Department of Defense for 
balancing the allocation of funds and other resources among major 
defense acquisition programs. 
(b) ELEMENTS.—The report required by subsection (a) shall 
address, at a minimum, the ability of the organizations, policies, 
and procedures of the Department of Defense to provide for— 
(1) establishing priorities among needed capabilities under 
major defense acquisition programs, and assessing the 
resources (including funds, technologies, time, and personnel) 
needed to achieve such capabilities; 
(2) balancing the cost, schedule, and requirements of major 
defense acquisition programs, including those within the same 
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122 STAT. 225 
PUBLIC LAW 110–181—JAN. 28, 2008 
functional or mission area, to ensure the most efficient use 
of resources; and 
(3) ensuring that the budget, requirements, and acquisition 
processes of the Department of Defense work in a complemen-
tary manner to achieve desired results. 
(c) ROLE OF TRI-CHAIR COMMITTEE IN RESOURCE ALLOCATION.— 
(1) IN
GENERAL.—The report required by subsection (a) 
shall also address the role of the committee described in para-
graph (2) in the resource allocation process for major defense 
acquisition programs. 
(2) COMMITTEE.—The committee described in this para-
graph is a committee (to be known as the ‘‘Tri-Chair Com-
mittee’’) composed of the following: 
(A) The Under Secretary of Defense for Acquisition, 
Technology, and Logistics, who is one of the chairs of 
the committee. 
(B) The Vice Chairman of the Joint Chiefs of Staff, 
who is one of the chairs of the committee. 
(C) The Director of Program Analysis and Evaluation, 
who is one of the chairs of the committee. 
(D) Any other appropriate officials of the Department 
of Defense, as jointly agreed upon by the Under Secretary 
and the Vice Chairman. 
(d) CHANGES IN LAW.—The report required by subsection (a) 
shall, to the maximum extent practicable, include a discussion 
of any changes in the budget, acquisition, and requirements proc-
esses of the Department of Defense undertaken as a result of 
changes in law pursuant to any section in this Act. 
(e) RECOMMENDATIONS.—The report required by subsection (a) 
shall include any recommendations, including recommendations for 
legislative action, that the Secretary considers appropriate to 
improve the organizations, policies, and procedures described in 
the report. 
SEC. 818. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS ON 
TOTAL OWNERSHIP COST FOR MAJOR WEAPON SYSTEMS. 
(a) REPORT REQUIRED.—Not later than 180 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 extent 
of the implementation of the recommendations set forth in the 
February 2003 report of the Government Accountability Office enti-
tled ‘‘Setting Requirements Differently Could Reduce Weapon Sys-
tems’ Total Ownership Costs’’. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) For each recommendation described in subsection (a) 
that has been implemented, or that the Secretary plans to 
implement— 
(A) a summary of all actions that have been taken 
to implement such recommendation; and 
(B) a schedule, with specific milestones, for completing 
the implementation of such recommendation. 
(2) For each recommendation that the Secretary has not 
implemented and does not plan to implement— 
(A) the reasons for the decision not to implement such 
recommendation; and 
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122 STAT. 226 
PUBLIC LAW 110–181—JAN. 28, 2008 
(B) a summary of any alternative actions the Secretary 
plans to take to address the purposes underlying such 
recommendation. 
(3) A summary of any additional actions the Secretary 
has taken or plans to take to ensure that total ownership 
cost is appropriately considered in the requirements process 
for major weapon systems. 
Subtitle C—Amendments to General Con-
tracting Authorities, Procedures, and 
Limitations 
SEC. 821. PLAN FOR RESTRICTING GOVERNMENT-UNIQUE CONTRACT 
CLAUSES ON COMMERCIAL CONTRACTS. 
(a) PLAN.—The Under Secretary of Defense for Acquisition, 
Technology, and Logistics shall develop and implement a plan to 
minimize the number of government-unique contract clauses used 
in commercial contracts by restricting the clauses to the following: 
(1) Government-unique clauses authorized by law or regula-
tion. 
(2) Any additional clauses that are relevant and necessary 
to a specific contract. 
(b) COMMERCIAL CONTRACT.—In this section: 
(1) The term ‘‘commercial contract’’ means a contract 
awarded by the Federal Government for the procurement of 
a commercial item. 
(2) The term ‘‘commercial item’’ has the meaning provided 
by section 4(12) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 403(12)). 
SEC. 822. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED 
ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL 
ITEMS. 
(a) EXTENSION.—Section 4202(e) of the Clinger-Cohen Act of 
1996 (division D of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 
2304 note) is amended by striking ‘‘January 1, 2008’’ and inserting 
‘‘January 1, 2010’’. 
(b) REPORT.—Not later than March 1, 2008, the Under Sec-
retary of Defense for Acquisition, Technology, and Logistics shall 
submit to the Committees on Armed Services of the Senate and 
the House of Representatives a report on the use by the Department 
of Defense of the authority provided by section 4202(e) of the 
Clinger-Cohen Act of 1996 (10 U.S.C. 2304 note). The report shall 
include, at a minimum, the following: 
(1) Summary data on the use of the authority. 
(2) Specific examples of the use of the authority. 
(3) An evaluation of potential benefits and costs of 
extending the authority after January 1, 2010. 
SEC. 823. FIVE-YEAR EXTENSION OF AUTHORITY TO CARRY OUT CER-
TAIN PROTOTYPE PROJECTS. 
Section 845(i) of the National Defense Authorization Act for 
Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by striking 
‘‘September 30, 2008’’ and inserting ‘‘September 30, 2013’’. 
10 USC 2304 
note. 
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122 STAT. 227 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 824. EXEMPTION OF SPECIAL OPERATIONS COMMAND FROM CER-
TAIN 
REQUIREMENTS 
FOR 
CERTAIN 
CONTRACTS 
RELATING 
TO 
VESSELS, 
AIRCRAFT, 
AND 
COMBAT 
VEHICLES. 
Section 2401(b) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(5) In the case of a contract described in subsection (a)(1)(B), 
the commander of the special operations command may make a 
contract without regard to this subsection if— 
‘‘(A) funds are available and obligated for the full cost 
of the contract (including termination costs) on or before the 
date the contract is awarded; 
‘‘(B) the Secretary of Defense submits to the congressional 
defense committees a certification that there is no alternative 
for meeting urgent operational requirements other than making 
the contract; and 
‘‘(C) a period of 30 days of continuous session of Congress 
has expired following the date on which the certification was 
received by such committees.’’. 
SEC. 825. PROVISION OF AUTHORITY TO MAINTAIN EQUIPMENT TO 
UNIFIED 
COMBATANT 
COMMAND 
FOR 
JOINT 
WARFIGHTING. 
(a) AUTHORITY.—Section 167a of title 10, United States Code, 
is amended— 
(1) in subsection (a), by striking ‘‘and acquire’’ and inserting 
‘‘, acquire, and maintain’’; 
(2) by redesignating subsection (f) as subsection (g); and 
(3) by inserting after subsection (e) the following new sub-
section: 
‘‘(f) LIMITATION ON AUTHORITY TO MAINTAIN EQUIPMENT.—The 
authority delegated under subsection (a) to maintain equipment 
is subject to the availability of funds authorized and appropriated 
specifically for that purpose.’’. 
(b) TWO-YEAR EXTENSION.—Subsection (g) of such section, as 
so redesignated, is amended— 
(1) by striking ‘‘through 2008’’ and inserting ‘‘through 
2010’’; and 
(2) by striking ‘‘September 30, 2008’’ and inserting ‘‘Sep-
tember 30, 2010’’. 
SEC. 826. MARKET RESEARCH. 
(a) ADDITIONAL REQUIREMENTS.—Subsection (c) of section 2377 
of title 10, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘and’’ at the end of subparagraph (A); 
(B) by striking the period at the end of subparagraph 
(B) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) before awarding a task order or delivery order 
in excess of the simplified acquisition threshold.’’; and 
(2) by adding at the end the following: 
‘‘(4) The head of an agency shall take appropriate steps to 
ensure that any prime contractor of a contract (or task order or 
delivery order) in an amount in excess of $5,000,000 for the procure-
ment of items other than commercial items engages in such market 
research as may be necessary to carry out the requirements of 
Certification. 
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122 STAT. 228 
PUBLIC LAW 110–181—JAN. 28, 2008 
subsection (b)(2) before making purchases for or on behalf of the 
Department of Defense.’’. 
(b) REQUIREMENT TO DEVELOP TRAINING AND TOOLS.—The Sec-
retary of Defense shall develop training to assist contracting officers, 
and market research tools to assist such officers and prime contrac-
tors, in performing appropriate market research as required by 
subsection (c) of section 2377 of title 10, United States Code, as 
amended by this section. 
SEC. 827. MODIFICATION OF COMPETITION REQUIREMENTS FOR PUR-
CHASES FROM FEDERAL PRISON INDUSTRIES. 
(a) MODIFICATION OF COMPETITION REQUIREMENTS.— 
(1) IN GENERAL.—Section 2410n of title 10, United States 
Code, is amended by striking subsections (a) and (b) and 
inserting the following new subsections (a) and (b): 
‘‘(a) PRODUCTS FOR WHICH FEDERAL PRISON INDUSTRIES DOES 
NOT HAVE SIGNIFICANT MARKET SHARE.—(1) Before purchasing a 
product listed in the latest edition of the Federal Prison Industries 
catalog under section 4124(d) of title 18 for which Federal Prison 
Industries does not have a significant market share, the Secretary 
of Defense shall conduct market research to determine whether 
the product is comparable to products available from the private 
sector that best meet the needs of the Department in terms of 
price, quality, and time of delivery. 
‘‘(2) If the Secretary determines that a Federal Prison Industries 
product described in paragraph (1) is not comparable in price, 
quality, or time of delivery to products of the private sector that 
best meets the needs of the Department in terms of price, quality, 
and time of delivery, the Secretary shall use competitive procedures 
for the procurement of the product, or shall make an individual 
purchase under a multiple award contract in accordance with the 
competition requirements applicable to such contract. In conducting 
such a competition, the Secretary shall consider a timely offer 
from Federal Prison Industries. 
‘‘(b) PRODUCTS FOR WHICH FEDERAL PRISON INDUSTRIES HAS 
SIGNIFICANT MARKET SHARE.—(1) The Secretary of Defense may 
purchase a product listed in the latest edition of the Federal Prison 
Industries catalog for which Federal Prison Industries has a signifi-
cant market share only if the Secretary uses competitive procedures 
for the procurement of the product or makes an individual purchase 
under a multiple award contract in accordance with the competition 
requirements applicable to such contract. In conducting such a 
competition, the Secretary shall consider a timely offer from Federal 
Prison Industries. 
‘‘(2) For purposes of this subsection, Federal Prison Industries 
shall be treated as having a significant share of the market for 
a product if the Secretary, in consultation with the Administrator 
of Federal Procurement Policy, determines that the Federal Prison 
Industries share of the Department of Defense market for the 
category of products including such product is greater than 5 per-
cent.’’. 
(2) EFFECTIVE DATE.—The amendment made by subsection 
(a) shall take effect 60 days after the date of the enactment 
of this Act. 
(b) LIST OF PRODUCTS FOR WHICH FEDERAL PRISON INDUSTRIES 
HAS SIGNIFICANT MARKET SHARE.— 
10 USC 2410n 
note. 
10 USC 2410n 
note. 
10 USC 2377 
note. 
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122 STAT. 229 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) INITIAL LIST.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
publish a list of product categories for which Federal Prison 
Industries’ share of the Department of Defense market is 
greater than 5 percent, based on the most recent fiscal year 
for which data is available. 
(2) MODIFICATION.—The Secretary may modify the list pub-
lished under paragraph (1) at any time if the Secretary deter-
mines that new data require adding a product category to 
the list or omitting a product category from the list. 
(3) CONSULTATION.—The Secretary shall carry out this sub-
section in consultation with the Administrator for Federal 
Procurement Policy. 
SEC. 828. MULTIYEAR CONTRACT AUTHORITY FOR ELECTRICITY FROM 
RENEWABLE ENERGY SOURCES. 
(a) MULTIYEAR CONTRACT AUTHORITY.—Chapter 141 of title 
10, United States Code, is amended by adding at the end the 
following new section: 
‘‘§ 2410q. Multiyear contracts: purchase of electricity from 
renewable energy sources 
‘‘(a) MULTIYEAR
CONTRACTS
AUTHORIZED.—Subject to sub-
section (b), the Secretary of Defense may enter into a contract 
for a period not to exceed 10 years for the purchase of electricity 
from sources of renewable energy, as that term is defined in section 
203(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)). 
‘‘(b) LIMITATIONS ON CONTRACTS FOR PERIODS IN EXCESS OF 
FIVE YEARS.—The Secretary may exercise the authority in sub-
section (a) to enter into a contract for a period in excess of five 
years only if the Secretary determines, on the basis of a business 
case analysis prepared by the Department of Defense, that— 
‘‘(1) the proposed purchase of electricity under such contract 
is cost effective for the Department of Defense; and 
‘‘(2) it would not be possible to purchase electricity from 
the source in an economical manner without the use of a 
contract for a period in excess of five years. 
‘‘(c) 
RELATIONSHIP
TO
OTHER
MULTIYEAR
CONTRACTING 
AUTHORITY.—Nothing in this section shall be construed to preclude 
the Department of Defense from using other multiyear contracting 
authority of the Department to purchase renewable energy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 141 of such title is amended by adding at the 
end the following new item: 
‘‘2410q. Multiyear contracts: purchase of electricity from renewable energy sources.’’. 
SEC. 829. PROCUREMENT OF FIRE RESISTANT RAYON FIBER FOR THE 
PRODUCTION OF UNIFORMS FROM FOREIGN SOURCES. 
(a) AUTHORITY TO PROCURE.—The Secretary of Defense may 
procure fire resistant rayon fiber for the production of uniforms 
that is manufactured in a foreign country referred to in subsection 
(d) if the Secretary determines either of the following: 
(1) That fire resistant rayon fiber for the production of 
uniforms is not available from sources within the national 
technology and industrial base. 
(2) That— 
10 USC 2533a 
note. 
Deadline. 
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122 STAT. 230 
PUBLIC LAW 110–181—JAN. 28, 2008 
(A) procuring fire resistant rayon fiber manufactured 
from suppliers within the national technology and indus-
trial base would result in sole-source contracts or sub-
contracts for the supply of fire resistant rayon fiber; and 
(B) such sole-source contracts or subcontracts would 
not be in the best interests of the Government or consistent 
with the objectives of section 2304 of title 10, United States 
Code. 
(b) SUBMISSION TO CONGRESS.—Not later than 30 days after 
making a determination under subsection (a), the Secretary shall 
submit to Congress a copy of the determination. 
(c) APPLICABILITY TO SUBCONTRACTS.—The authority under sub-
section (a) applies with respect to subcontracts under Department 
of Defense contracts as well as to such contracts. 
(d) FOREIGN COUNTRIES COVERED.—The authority under sub-
section (a) applies with respect to a foreign country that— 
(1) is a party to a defense memorandum of understanding 
entered into under section 2531 of title 10, United States Code; 
and 
(2) does not discriminate against defense items produced 
in the United States to a greater degree than the United 
States discriminates against defense items produced in that 
country. 
(e) NATIONAL TECHNOLOGY AND INDUSTRIAL BASE DEFINED.— 
In this section, the term ‘‘national technology and industrial base’’ 
has the meaning given that term in section 2500 of title 10, United 
States Code. 
(f) SUNSET.—The authority under subsection (a) shall expire 
on the date that is five years after the date of the enactment 
of this Act. 
SEC. 830. COMPTROLLER GENERAL REVIEW OF NONCOMPETITIVE 
AWARDS OF CONGRESSIONAL AND EXECUTIVE BRANCH 
INTEREST ITEMS. 
Not later than one year after the date of the enactment of 
this Act, the Comptroller General of the United States shall submit 
to the congressional defense committees a report on the use of 
procedures other than competitive procedures in the award of con-
tracts by the Department of Defense. The report shall compare 
the procedures used by the Department of Defense for the award 
of funds for new projects pursuant to congressionally directed 
spending items, as defined in rule XLIV of the Standing Rules 
of the Senate, or congressional earmarks, as defined in rule XXI 
of the Rules of the House of Representatives, with the procedures 
used by the Department of Defense for the award of funds for 
new projects of special interest to senior executive branch officials. 
Subtitle D—Accountability in Contracting 
SEC. 841. COMMISSION ON WARTIME CONTRACTING IN IRAQ AND 
AFGHANISTAN. 
(a) ESTABLISHMENT.—There is hereby established a commission 
to be known as the ‘‘Commission on Wartime Contracting’’ (in 
this section referred to as the ‘‘Commission’’). 
(b) MEMBERSHIP MATTERS.— 
Deadline. 
Reports. 
Deadline. 
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122 STAT. 231 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) MEMBERSHIP.—The Commission shall be composed of 
8 members, as follows: 
(A) 2 members shall be appointed by the majority 
leader of the Senate, in consultation with the Chairmen 
of the Committee on Armed Services, the Committee on 
Homeland Security and Governmental Affairs, and the 
Committee on Foreign Relations of the Senate. 
(B) 2 members shall be appointed by the Speaker of 
the House of Representatives, in consultation with the 
Chairmen of the Committee on Armed Services, the Com-
mittee on Oversight and Government Reform, and the Com-
mittee on Foreign Affairs of the House of Representatives. 
(C) 1 member shall be appointed by the minority leader 
of the Senate, in consultation with the Ranking Minority 
Members of the Committee on Armed Services, the Com-
mittee on Homeland Security and Governmental Affairs, 
and the Committee on Foreign Relations of the Senate. 
(D) 1 member shall be appointed by the minority leader 
of the House of Representatives, in consultation with the 
Ranking Minority Member of the Committee on Armed 
Services, the Committee on Oversight and Government 
Reform, and the Committee on Foreign Affairs of the House 
of Representatives. 
(E) 2 members shall be appointed by the President, 
in consultation with the Secretary of Defense and the Sec-
retary of State. 
(2) DEADLINE FOR APPOINTMENTS.—All appointments to the 
Commission shall be made not later than 120 days after the 
date of the enactment of this Act. 
(3) CO-CHAIRMEN.—The Commission shall have two co- 
chairmen, including— 
(A) a co-chairman who shall be a member of the 
Commission jointly designated by the Speaker of the House 
of Representatives and the majority leader of the Senate; 
and 
(B) a co-chairman who shall be a member of the 
Commission jointly designated by the minority leader of 
the House of Representatives and the minority leader of 
the Senate. 
(4) VACANCY.—In the event of a vacancy in a seat on 
the Commission, the individual appointed to fill the vacant 
seat shall be— 
(A) appointed by the same officer (or the officer’s suc-
cessor) who made the appointment to the seat when the 
Commission was first established; and 
(B) if the officer in subparagraph (A) is of a party 
other than the party of the officer who made the appoint-
ment to the seat when the Commission was first estab-
lished, chosen in consultation with the senior officers in 
the Senate and the House of Representatives of the party 
which is the party of the officer who made the appointment 
to the seat when the Commission was first established. 
(c) DUTIES.— 
(1) GENERAL DUTIES.—The Commission shall study the fol-
lowing matters: 
(A) Federal agency contracting for the reconstruction 
of Iraq and Afghanistan. 
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122 STAT. 232 
PUBLIC LAW 110–181—JAN. 28, 2008 
(B) Federal agency contracting for the logistical support 
of coalition forces operating in Iraq and Afghanistan. 
(C) Federal agency contracting for the performance 
of security functions in Iraq and Afghanistan. 
(2) SCOPE OF CONTRACTING COVERED.—The Federal agency 
contracting covered by this subsection includes contracts 
entered into both in the United States and abroad for the 
performance of activities described in paragraph (1). 
(3) PARTICULAR DUTIES.—In carrying out the study under 
this subsection, the Commission shall assess— 
(A) the extent of the reliance of the Federal Govern-
ment on contractors to perform functions (including secu-
rity functions) in Iraq and Afghanistan and the impact 
of this reliance on the achievement of the objectives of 
the United States; 
(B) the performance exhibited by Federal contractors 
for the contracts under review pursuant to paragraph (1), 
and the mechanisms used to evaluate contractor perform-
ance; 
(C) the extent of waste, fraud, and abuse under such 
contracts; 
(D) the extent to which those responsible for such 
waste, fraud, and abuse have been held financially or 
legally accountable; 
(E) the appropriateness of the organizational structure, 
policies, practices, and resources of the Department of 
Defense and the Department of State for handling program 
management and contracting for the programs and con-
tracts under review pursuant to paragraph (1); 
(F) the extent to which contractors under such con-
tracts have engaged in the misuse of force or have used 
force in a manner inconsistent with the objectives of the 
operational field commander; and 
(G) the extent of potential violations of the laws of 
war, Federal law, or other applicable legal standards by 
contractors under such contracts. 
(d) REPORTS.— 
(1) INTERIM REPORT.—On March 1, 2009, the Commission 
shall submit to Congress an interim report on the study carried 
out under subsection (c), including the results and findings 
of the study as of that date. 
(2) OTHER REPORTS.—The Commission may from time to 
time submit to Congress such other reports on the study carried 
out under subsection (c) as the Commission considers appro-
priate. 
(3) FINAL
REPORT.—Not later than two years after the 
date of the appointment of all of the members of the Commis-
sion under subsection (b), the Commission shall submit to Con-
gress a final report on the study carried out under subsection 
(c). The report shall— 
(A) include the findings of the Commission; 
(B) identify lessons learned relating to contingency pro-
gram management and contingency contracting covered by 
the study; and 
(C) include specific recommendations for improvements 
to be made in— 
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122 STAT. 233 
PUBLIC LAW 110–181—JAN. 28, 2008 
(i) the process for defining requirements and devel-
oping statements of work for contracts in contingency 
contracting; 
(ii) the process for awarding contracts and task 
or delivery orders in contingency contracting; 
(iii) the process for contingency program manage-
ment; 
(iv) the process for identifying, addressing, and 
providing accountability for waste, fraud, and abuse 
in contingency contracting; 
(v) the process for determining which functions 
are inherently governmental and which functions are 
appropriate for performance by contractors in a contin-
gency operation (including during combat operations), 
especially whether providing security in an area of 
combat operations is inherently governmental; 
(vi) the organizational structure, resources, poli-
cies, and practices of the Department of Defense and 
the Department of State for performing contingency 
program management; and 
(vii) the process by which roles and responsibilities 
with respect to management and oversight of contracts 
in contingency contracting are distributed among the 
various departments and agencies of the Federal 
Government, and interagency coordination and commu-
nication mechanisms associated with contingency con-
tracting. 
(e) OTHER POWERS AND AUTHORITIES.— 
(1) HEARINGS AND EVIDENCE.—The Commission or, on the 
authority of the Commission, any portion thereof, may, for 
the purpose of carrying out this section— 
(A) hold such hearings and sit and act at such times 
and places, take such testimony, receive such evidence, 
administer such oaths (provided that the quorum for a 
hearing shall be three members of the Commission); and 
(B) provide for the attendance and testimony of such 
witnesses and the production of such books, records, cor-
respondence, memoranda, papers, and documents; 
as the Commission, or such portion thereof, may determine 
advisable. 
(2) INABILITY TO OBTAIN DOCUMENTS OR TESTIMONY.—In 
the event the Commission is unable to obtain testimony or 
documents needed to conduct its work, the Commission shall 
notify the committees of Congress of jurisdiction and appro-
priate investigative authorities. 
(3) ACCESS TO INFORMATION.—The Commission may secure 
directly from the Department of Defense and any other depart-
ment or agency of the Federal Government any information 
or assistance that the Commission considers necessary to enable 
the Commission to carry out the requirements of this section. 
Upon request of the Commission, the head of such department 
or agency shall furnish such information expeditiously to the 
Commission. Whenever information or assistance requested by 
the Commission is unreasonably refused or not provided, the 
Commission shall report the circumstances to Congress without 
delay. 
Reports. 
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122 STAT. 234 
PUBLIC LAW 110–181—JAN. 28, 2008 
(4) PERSONNEL.—The Commission shall have the authori-
ties provided in section 3161 of title 5, United States Code, 
and shall be subject to the conditions set forth in such section, 
except to the extent that such conditions would be inconsistent 
with the requirements of this section. 
(5) DETAILEES.—Any employee of the Federal Government 
may be detailed to the Commission without reimbursement 
from the Commission, and such detailee shall retain the rights, 
status, and privileges of his or her regular employment without 
interruption. 
(6) SECURITY CLEARANCES.—The appropriate departments 
or agencies of the Federal Government shall cooperate with 
the Commission in expeditiously providing to the Commission 
members and staff appropriate security clearances to the extent 
possible pursuant to existing procedures and requirements, 
except that no person shall be provided with access to classified 
information under this section without the appropriate security 
clearances. 
(7) VIOLATIONS OF LAW.— 
(A) REFERRAL TO ATTORNEY GENERAL.—The Commis-
sion may refer to the Attorney General any violation or 
potential violation of law identified by the Commission 
in carrying out its duties under this section. 
(B) REPORTS ON RESULTS OF REFERRAL.—The Attorney 
General shall submit to Congress a report on each prosecu-
tion, conviction, resolution, or other disposition that results 
from a referral made under this subparagraph. 
(f) TERMINATION.—The Commission shall terminate on the date 
that is 60 days after the date of the submittal of its final report 
under subsection (d)(3). 
(g) DEFINITIONS.—In this section: 
(1) CONTINGENCY
CONTRACTING.—The term ‘‘contingency 
contracting’’ means all stages of the process of acquiring prop-
erty or services during a contingency operation. 
(2) CONTINGENCY OPERATION.—The term ‘‘contingency oper-
ation’’ has the meaning given that term in section 101 of 
title 10, United States Code. 
(3) CONTINGENCY
PROGRAM
MANAGEMENT.—The term 
‘‘contingency program management’’ means the process of plan-
ning, organizing, staffing, controlling, and leading the combined 
efforts of participating personnel for the management of a 
specific acquisition program or programs during contingency 
operations. 
SEC. 842. INVESTIGATION OF WASTE, FRAUD, AND ABUSE IN WARTIME 
CONTRACTS AND CONTRACTING PROCESSES IN IRAQ 
AND AFGHANISTAN. 
(a) AUDITS REQUIRED.—Thorough audits shall be performed 
in accordance with this section to identify potential waste, fraud, 
and abuse in the performance of— 
(1) Department of Defense contracts, subcontracts, and task 
and delivery orders for the logistical support of coalition forces 
in Iraq and Afghanistan; and 
(2) Federal agency contracts, subcontracts, and task and 
delivery orders for the performance of security and reconstruc-
tion functions in Iraq and Afghanistan. 
(b) AUDIT PLANS.— 
10 USC 2302 
note. 
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122 STAT. 235 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) The Department of Defense Inspector General shall 
develop a comprehensive plan for a series of audits of contracts, 
subcontracts, and task and delivery orders covered by sub-
section (a)(1), consistent with the requirements of subsection 
(g), in consultation with other Inspectors General specified in 
subsection (c) with regard to any contracts, subcontracts, or 
task or delivery orders over which such Inspectors General 
have jurisdiction. 
(2) The Special Inspector General for Iraq Reconstruction 
shall develop a comprehensive plan for a series of audits of 
contracts, subcontracts, and task and delivery orders covered 
by subsection (a)(2) relating to Iraq, consistent with the require-
ments of subsection (h), in consultation with other Inspectors 
General specified in subsection (c) with regard to any contracts, 
subcontracts, or task or delivery orders over which such Inspec-
tors General have jurisdiction. 
(3) The Special Inspector General for Afghanistan 
Reconstruction shall develop a comprehensive plan for a series 
of audits of contracts, subcontracts, and task and delivery 
orders covered by subsection (a)(2) relating to Afghanistan, 
consistent with the requirements of subsection (h), in consulta-
tion with other Inspectors General specified in subsection (c) 
with regard to any contracts, subcontracts, or task or delivery 
orders over which such Inspectors General have jurisdiction. 
(c) PERFORMANCE
OF AUDITS
BY CERTAIN INSPECTORS GEN-
ERAL.—The Special Inspector General for Iraq Reconstruction, 
during such period as such office exists, the Special Inspector Gen-
eral for Afghanistan Reconstruction, during such period as such 
office exists, the Inspector General of the Department of Defense, 
the Inspector General of the Department of State, and the Inspector 
General of the United States Agency for International Development 
shall perform such audits as required by subsection (a) and identi-
fied in the audit plans developed pursuant to subsection (b) as 
fall within the respective scope of their duties as specified in law. 
(d) COORDINATION OF AUDITS.—The Inspectors General speci-
fied in subsection (c) shall work to coordinate the performance 
of the audits required by subsection (a) and identified in the audit 
plans developed under subsection (b) including through councils 
and working groups composed of such Inspectors General. 
(e) JOINT AUDITS.—If one or more audits required by subsection 
(a) and identified in an audit plan developed under subsection 
(b) falls within the scope of the duties of more than one of the 
Inspectors General specified in subsection (c), and such Inspectors 
General agree that such audit or audits are best pursued jointly, 
such Inspectors General shall enter into a memorandum of under-
standing relating to the performance of such audit or audits. 
(f) SEPARATE AUDITS.—If one or more audits required by sub-
section (a) and identified in an audit plan developed under sub-
section (b) falls within the scope of the duties of more than one 
of the Inspectors General specified in subsection (c), and such 
Inspectors General do not agree that such audit or audits are 
best pursued jointly, such audit or audits shall be separately per-
formed by one or more of the Inspectors General concerned. 
(g) SCOPE OF AUDITS OF CONTRACTS.—Audits conducted pursu-
ant to subsection (a)(1) shall examine, at a minimum, one or more 
of the following issues: 
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122 STAT. 236 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) The manner in which contract requirements were devel-
oped. 
(2) The procedures under which contracts or task or 
delivery orders were awarded. 
(3) The terms and conditions of contracts or task or delivery 
orders. 
(4) The staffing and method of performance of contractors, 
including cost controls. 
(5) The efficacy of Department of Defense management 
and oversight, including the adequacy of staffing and training 
of officials responsible for such management and oversight. 
(6) The flow of information from contractors to officials 
responsible for contract management and oversight. 
(h) SCOPE OF AUDITS OF OTHER CONTRACTS.—Audits conducted 
pursuant to subsection (a)(2) shall examine, at a minimum, one 
or more of the following issues: 
(1) The manner in which contract requirements were devel-
oped and contracts or task and delivery orders were awarded. 
(2) The manner in which the Federal agency exercised 
control over the performance of contractors. 
(3) The extent to which operational field commanders were 
able to coordinate or direct the performance of contractors 
in an area of combat operations. 
(4) The degree to which contractor employees were properly 
screened, selected, trained, and equipped for the functions to 
be performed. 
(5) The nature and extent of any incidents of misconduct 
or unlawful activity by contractor employees. 
(6) The nature and extent of any activity by contractor 
employees that was inconsistent with the objectives of oper-
ational field commanders. 
(7) The extent to which any incidents of misconduct or 
unlawful activity were reported, documented, investigated, and 
(where appropriate) prosecuted. 
(i) INDEPENDENT CONDUCT
OF AUDIT FUNCTIONS.—All audit 
functions under this section, including audit planning and coordina-
tion, shall be performed by the relevant Inspectors General in 
an independent manner, without consultation with the Commission 
established pursuant to section 841 of this Act. All audit reports 
resulting from such audits shall be available to the Commission. 
SEC. 843. ENHANCED COMPETITION REQUIREMENTS FOR TASK AND 
DELIVERY ORDER CONTRACTS. 
(a) DEFENSE CONTRACTS.— 
(1) LIMITATION
ON
SINGLE
AWARD
CONTRACTS.—Section 
2304a(d) of title 10, United States Code, is amended— 
(A) by redesignating paragraph (3) as paragraph (4); 
and 
(B) by inserting after paragraph (2) the following new 
paragraph (3): 
‘‘(3)(A) No task or delivery order contract in an amount esti-
mated to exceed $100,000,000 (including all options) may be 
awarded to a single source unless the head of the agency determines 
in writing that— 
‘‘(i) the task or delivery orders expected under the contract 
are so integrally related that only a single source can reason-
ably perform the work; 
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122 STAT. 237 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(ii) the contract provides only for firm, fixed price task 
orders or delivery orders for— 
‘‘(I) products for which unit prices are established in 
the contract; or 
‘‘(II) services for which prices are established in the 
contract for the specific tasks to be performed; 
‘‘(iii) only one source is qualified and capable of performing 
the work at a reasonable price to the government; or 
‘‘(iv) because of exceptional circumstances, it is necessary 
in the public interest to award the contract to a single source. 
‘‘(B) The head of the agency shall notify Congress within 30 
days after any determination under subparagraph (A)(iv).’’. 
(2) ENHANCED
COMPETITION
FOR
ORDERS
IN
EXCESS
OF 
$5,000,000.—Section 2304c of such title is amended— 
(A) by redesignating subsections (d), (e), and (f) as 
subsections (e), (f), and (g), respectively; 
(B) by inserting after subsection (c) the following new 
subsection (d): 
‘‘(d) ENHANCED
COMPETITION
FOR
ORDERS
IN
EXCESS
OF 
$5,000,000.—In the case of a task or delivery order in excess of 
$5,000,000, the requirement to provide all contractors a fair oppor-
tunity to be considered under subsection (b) is not met unless 
all such contractors are provided, at a minimum— 
‘‘(1) a notice of the task or delivery order that includes 
a clear statement of the agency’s requirements; 
‘‘(2) a reasonable period of time to provide a proposal in 
response to the notice; 
‘‘(3) disclosure of the significant factors and subfactors, 
including cost or price, that the agency expects to consider 
in evaluating such proposals, and their relative importance; 
‘‘(4) in the case of an award that is to be made on a 
best value basis, a written statement documenting the basis 
for the award and the relative importance of quality and price 
or cost factors; and 
‘‘(5) an opportunity for a post-award debriefing consistent 
with the requirements of section 2305(b)(5) of this title.’’; and 
(C) by striking subsection (e), as redesignated by para-
graph (1), and inserting the following new subsection (e): 
‘‘(e) PROTESTS.—(1) A protest is not authorized in connection 
with the issuance or proposed issuance of a task or delivery order 
except for— 
‘‘(A) a protest on the ground that the order increases the 
scope, period, or maximum value of the contract under which 
the order is issued; or 
‘‘(B) a protest of an order valued in excess of $10,000,000. 
‘‘(2) Notwithstanding section 3556 of title 31, the Comptroller 
General of the United States shall have exclusive jurisdiction of 
a protest authorized under paragraph (1)(B). 
‘‘(3) This subsection shall be in effect for three years, beginning 
on the date that is 120 days after the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 2008.’’. 
(3) EFFECTIVE DATES.— 
(A) SINGLE
AWARD
CONTRACTS.—The amendments 
made by paragraph (1) shall take effect on the date that 
is 120 days after the date of the enactment of this Act, 
and shall apply with respect to any contract awarded on 
or after such date. 
10 USC 2304a 
note. 
Applicability. 
Effective date. 
Notification. 
Notification. 
Deadline. 
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122 STAT. 238 
PUBLIC LAW 110–181—JAN. 28, 2008 
(B) ORDERS IN EXCESS OF $5,000,000.—The amendments 
made by paragraph (2) shall take effect on the date that 
is 120 days after the date of the enactment of this Act, 
and shall apply with respect to any task or delivery order 
awarded on or after such date. 
(b) CIVILIAN AGENCY CONTRACTS.— 
(1) LIMITATION
ON
SINGLE
AWARD
CONTRACTS.—Section 
303H(d) of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 253h(d)) is amended— 
(A) by redesignating paragraph (3) as paragraph (4); 
and 
(B) by inserting after paragraph (2) the following new 
paragraph (3): 
‘‘(3)(A) No task or delivery order contract in an amount esti-
mated to exceed $100,000,000 (including all options) may be 
awarded to a single source unless the head of the executive agency 
determines in writing that— 
‘‘(i) the task or delivery orders expected under the contract 
are so integrally related that only a single source can reason-
ably perform the work; 
‘‘(ii) the contract provides only for firm, fixed price task 
orders or delivery orders for— 
‘‘(I) products for which unit prices are established in 
the contract; or 
‘‘(II) services for which prices are established in the 
contract for the specific tasks to be performed; 
‘‘(iii) only one source is qualified and capable of performing 
the work at a reasonable price to the government; or 
‘‘(iv) because of exceptional circumstances, it is necessary 
in the public interest to award the contract to a single source. 
‘‘(B) The head of the executive agency shall notify Congress 
within 30 days after any determination under subparagraph 
(A)(iv).’’. 
(2) ENHANCED
COMPETITION
FOR
ORDERS
IN
EXCESS
OF 
$5,000,000.—Section 303J of such Act (41 U.S.C. 253j) is 
amended— 
(A) by redesignating subsections (d), (e), and (f) as 
subsections (e), (f), and (g), respectively; 
(B) by inserting after subsection (c) the following new 
subsection (d): 
‘‘(d) ENHANCED
COMPETITION
FOR
ORDERS
IN
EXCESS
OF 
$5,000,000.—In the case of a task or delivery order in excess of 
$5,000,000, the requirement to provide all contractors a fair oppor-
tunity to be considered under subsection (b) is not met unless 
all such contractors are provided, at a minimum— 
‘‘(1) a notice of the task or delivery order that includes 
a clear statement of the executive agency’s requirements; 
‘‘(2) a reasonable period of time to provide a proposal in 
response to the notice; 
‘‘(3) disclosure of the significant factors and subfactors, 
including cost or price, that the executive agency expects to 
consider in evaluating such proposals, and their relative impor-
tance; 
‘‘(4) in the case of an award that is to be made on a 
best value basis, a written statement documenting the basis 
for the award and the relative importance of quality and price 
or cost factors; and 
Notification. 
10 USC 2304c 
note. 
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122 STAT. 239 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(5) an opportunity for a post-award debriefing consistent 
with the requirements of section 303B(e).’’; and 
(C) by striking subsection (e), as redesignated by para-
graph (1), and inserting the following new subsection (e): 
‘‘(e) PROTESTS.—(1) A protest is not authorized in connection 
with the issuance or proposed issuance of a task or delivery order 
except for— 
‘‘(A) a protest on the ground that the order increases the 
scope, period, or maximum value of the contract under which 
the order is issued; or 
‘‘(B) a protest of an order valued in excess of $10,000,000. 
‘‘(2) Notwithstanding section 3556 of title 31, United States 
Code, the Comptroller General of the United States shall have 
exclusive jurisdiction of a protest authorized under paragraph (1)(B). 
‘‘(3) This subsection shall be in effect for three years, beginning 
on the date that is 120 days after the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 2008.’’. 
(3) EFFECTIVE DATES.— 
(A) SINGLE
AWARD
CONTRACTS.—The amendments 
made by paragraph (1) shall take effect on the date that 
is 120 days after the date of the enactment of this Act, 
and shall apply with respect to any contract awarded on 
or after such date. 
(B) ORDERS IN EXCESS OF $5,000,000.—The amendments 
made by paragraph (2) shall take effect on the date that 
is 120 days after the date of the enactment of this Act, 
and shall apply with respect to any task or delivery order 
awarded on or after such date. 
SEC. 844. PUBLIC DISCLOSURE OF JUSTIFICATION AND APPROVAL 
DOCUMENTS FOR NONCOMPETITIVE CONTRACTS. 
(a) CIVILIAN AGENCY CONTRACTS.— 
(1) IN GENERAL.—Section 303 of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253) is amended 
by adding at the end the following new subsection: 
‘‘(j)(1)(A) Except as provided in subparagraph (B), in the case 
of a procurement permitted by subsection (c), the head of an execu-
tive agency shall make publicly available, within 14 days after 
the award of the contract, the documents containing the justification 
and approval required by subsection (f)(1) with respect to the 
procurement. 
‘‘(B) In the case of a procurement permitted by subsection 
(c)(2), subparagraph (A) shall be applied by substituting ‘30 days’ 
for ‘14 days’. 
‘‘(2) The documents shall be made available on the website 
of the agency and through a government-wide website selected 
by the Administrator for Federal Procurement Policy. 
‘‘(3) This subsection does not require the public availability 
of information that is exempt from public disclosure under section 
552(b) of title 5, United States Code.’’. 
(2) CONFORMING AMENDMENT.—Section 303(f) of such Act 
is amended— 
(A) by striking paragraph (4); and 
(B) by redesignating paragraph (5) as paragraph (4). 
(b) DEFENSE AGENCY CONTRACTS.— 
Web site. 
Applicability. 
Public 
information. 
Deadline. 
41 USC 253j 
note. 
41 USC 253h 
note. 
Applicability. 
Effective date. 
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122 STAT. 240 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) IN GENERAL.—Section 2304 of title 10, United States 
Code, is amended by adding at the end the following new 
subsection: 
‘‘(l)(1)(A) Except as provided in subparagraph (B), in the case 
of a procurement permitted by subsection (c), the head of an agency 
shall make publicly available, within 14 days after the award of 
the contract, the documents containing the justification and 
approval required by subsection (f)(1) with respect to the procure-
ment. 
‘‘(B) In the case of a procurement permitted by subsection 
(c)(2), subparagraph (A) shall be applied by substituting ‘30 days’ 
for ‘14 days’. 
‘‘(2) The documents shall be made available on the website 
of the agency and through a government-wide website selected 
by the Administrator for Federal Procurement Policy. 
‘‘(3) This subsection does not require the public availability 
of information that is exempt from public disclosure under section 
552(b) of title 5.’’. 
(2) CONFORMING AMENDMENT.—Section 2304(f) of such title 
is amended— 
(A) by striking paragraph (4); and 
(B) by redesignating paragraphs (5) and (6) as para-
graphs (4) and (5), respectively. 
SEC. 
845. 
DISCLOSURE 
OF 
GOVERNMENT 
CONTRACTOR 
AUDIT 
FINDINGS. 
(a) REQUIRED ANNEX ON SIGNIFICANT AUDIT FINDINGS.— 
(1) IN GENERAL.—Each Inspector General appointed under 
the Inspector General Act of 1978 shall submit, as part of 
the semiannual report submitted to Congress pursuant to sec-
tion 5 of such Act, an annex on final, completed contract audit 
reports issued to the contracting activity containing significant 
audit findings issued during the period covered by the semi-
annual report concerned. 
(2) ELEMENTS.—Such annex shall include— 
(A) a list of such contract audit reports; 
(B) for each audit report, a brief description of the 
nature of the significant audit findings in the report; and 
(C) for each audit report, the specific amounts of costs 
identified as unsupported, questioned, or disallowed. 
(3) INFORMATION EXEMPT FROM PUBLIC DISCLOSURE.—(A) 
Nothing in this subsection shall be construed to require the 
release of information to the public that is exempt from public 
disclosure under section 552(b) of title 5, United States Code. 
(B) For each element required by paragraph (2), the 
Inspector General concerned shall note each instance where 
information has been redacted in accordance with the require-
ments of section 552(b) of title 5, United States Code, and 
submit an unredacted annex to the committees listed in sub-
section (d)(2) within 7 days after the issuance of the semiannual 
report. 
(b) DEFENSE CONTRACT AUDIT AGENCY INCLUDED.—For pur-
poses of subsection (a), audits of the Defense Contract Audit Agency 
shall be included in the annex provided by the Inspector General 
of the Department of Defense if they include significant audit 
findings. 
5 USC app. 5 
note. 
Web site. 
Applicability. 
Public 
information. 
Deadline. 
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122 STAT. 241 
PUBLIC LAW 110–181—JAN. 28, 2008 
(c) EXCEPTION.—Subsection (a) shall not apply to an Inspector 
General if no audits described in such subsection were issued during 
the covered period. 
(d) SUBMISSION OF INDIVIDUAL AUDITS.— 
(1) REQUIREMENT.—The head of each Federal department 
or agency shall provide, within 14 days after a request in 
writing by the chairman or ranking member of any committee 
listed in paragraph (2), a full and unredacted copy of any 
audit described in subsection (a). Such copy shall include an 
identification of information in the audit exempt from public 
disclosure under section 552(b) of title 5, United States Code. 
(2) COMMITTEES.—The committees listed in this paragraph 
are the following: 
(A) The Committee on Oversight and Government 
Reform of the House of Representatives. 
(B) The Committee on Homeland Security and Govern-
mental Affairs of the Senate. 
(C) The Committees on Appropriations of the House 
of Representatives and the Senate. 
(D) With respect to the Department of Defense and 
the Department of Energy, the Committees on Armed Serv-
ices of the Senate and House of Representatives. 
(E) The Committees of primary jurisdiction over the 
agency or department to which the request is made. 
(e) CLASSIFIED INFORMATION.—Nothing in this section shall 
be interpreted to require the handling of classified information 
or information relating to intelligence sources and methods in a 
manner inconsistent with any law, regulation, executive order, or 
rule of the House of Representatives or of the Senate relating 
to the handling or protection of such information. 
(f) DEFINITIONS.—In this section: 
(1) SIGNIFICANT
AUDIT
FINDINGS.—The term ‘‘significant 
audit findings’’ includes— 
(A) unsupported, questioned, or disallowed costs in an 
amount in excess of $10,000,000; or 
(B) other findings that the Inspector General of the 
agency or department concerned determines to be signifi-
cant. 
(2) CONTRACT.—The term ‘‘contract’’ includes a contract, 
an order placed under a task or delivery order contract, or 
a subcontract. 
SEC. 
846. 
PROTECTION 
FOR 
CONTRACTOR 
EMPLOYEES 
FROM 
REPRISAL FOR DISCLOSURE OF CERTAIN INFORMATION. 
(a) INCREASED PROTECTION FROM REPRISAL.—Subsection (a) of 
section 2409 of title 10, United States Code, is amended— 
(1) by striking ‘‘disclosing to a Member of Congress’’ and 
inserting ‘‘disclosing to a Member of Congress, a representative 
of a committee of Congress, an Inspector General, the Govern-
ment Accountability Office, a Department of Defense employee 
responsible for contract oversight or management,’’; and 
(2) by striking ‘‘information relating to a substantial viola-
tion of law related to a contract (including the competition 
for or negotiation of a contract)’’ and inserting ‘‘information 
that the employee reasonably believes is evidence of gross mis-
management of a Department of Defense contract or grant, 
a gross waste of Department of Defense funds, a substantial 
Deadline. 
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122 STAT. 242 
PUBLIC LAW 110–181—JAN. 28, 2008 
and specific danger to public health or safety, or a violation 
of law related to a Department of Defense contract (including 
the competition for or negotiation of a contract) or grant’’. 
(b) CLARIFICATION OF INSPECTOR GENERAL DETERMINATION.— 
Subsection (b) of such section is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘INVESTIGATION
OF
COM-
PLAINTS.—’’; 
(2) by striking ‘‘an agency’’ and inserting ‘‘the Department 
of Defense, or the Inspector General of the National Aeronautics 
and Space Administration in the case of a complaint regarding 
the National Aeronautics and Space Administration’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(2)(A) Except as provided under subparagraph (B), the 
Inspector General shall make a determination that a complaint 
is frivolous or submit a report under paragraph (1) within 180 
days after receiving the complaint. 
‘‘(B) If the Inspector General is unable to complete an investiga-
tion in time to submit a report within the 180-day period specified 
in subparagraph (A) and the person submitting the complaint agrees 
to an extension of time, the Inspector General shall submit a 
report under paragraph (1) within such additional period of time 
as shall be agreed upon between the Inspector General and the 
person submitting the complaint.’’. 
(c) ACCELERATION OF SCHEDULE FOR DENYING RELIEF OR PRO-
VIDING REMEDY.—Subsection (c) of such section is amended— 
(1) in paragraph (1), by striking ‘‘If the head of the agency 
determines that a contractor has subjected a person to a 
reprisal prohibited by subsection (a), the head of the agency 
may’’ and inserting after ‘‘(1)’’ the following: ‘‘Not later than 
30 days after receiving an Inspector General report pursuant 
to subsection (b), the head of the agency concerned shall deter-
mine whether there is sufficient basis to conclude that the 
contractor concerned has subjected the complainant to a 
reprisal prohibited by subsection (a) and shall either issue 
an order denying relief or shall’’; 
(2) by redesignating paragraphs (2) and (3) as paragraphs 
(4) and (5), respectively; and 
(3) by inserting after paragraph (1) the following new para-
graphs: 
‘‘(2) If the head of an executive agency issues an order denying 
relief under paragraph (1) or has not issued an order within 210 
days after the submission of a complaint under subsection (b), 
or in the case of an extension of time under paragraph (b)(2)(B), 
not later than 30 days after the expiration of the extension of 
time, and there is no showing that such delay is due to the bad 
faith of the complainant, the complainant shall be deemed to have 
exhausted all administrative remedies with respect to the com-
plaint, and the complainant may bring a de novo action at law 
or equity against the contractor to seek compensatory damages 
and other relief available under this section in the appropriate 
district court of the United States, which shall have jurisdiction 
over such an action without regard to the amount in controversy. 
Such an action shall, at the request of either party to the action, 
be tried by the court with a jury. 
‘‘(3) An Inspector General determination and an agency head 
order denying relief under paragraph (2) shall be admissible in 
Deadlines. 
Deadline. 
Reports. 
Reports. 
Deadline. 
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122 STAT. 243 
PUBLIC LAW 110–181—JAN. 28, 2008 
evidence in any de novo action at law or equity brought pursuant 
to this subsection.’’. 
(d) DEFINITIONS.—Subsection (e) of such section is amended— 
(1) in paragraph (4), by inserting ‘‘or a grant’’ after ‘‘a 
contract’’; and 
(2) by inserting before the period at the end the following: 
‘‘and any Inspector General that receives funding from, or has 
oversight over contracts awarded for or on behalf of, the Sec-
retary of Defense’’. 
SEC. 847. REQUIREMENTS FOR SENIOR DEPARTMENT OF DEFENSE 
OFFICIALS SEEKING EMPLOYMENT WITH DEFENSE CON-
TRACTORS. 
(a) REQUIREMENT TO SEEK AND OBTAIN WRITTEN OPINION.— 
(1) REQUEST.—An official or former official of the Depart-
ment of Defense described in subsection (c) who, within two 
years after leaving service in the Department of Defense, 
expects to receive compensation from a Department of Defense 
contractor, shall, prior to accepting such compensation, request 
a written opinion regarding the applicability of post-employ-
ment restrictions to activities that the official or former official 
may undertake on behalf of a contractor. 
(2) SUBMISSION
OF
REQUEST.—A request for a written 
opinion under paragraph (1) shall be submitted in writing 
to an ethics official of the Department of Defense having respon-
sibility for the organization in which the official or former 
official serves or served and shall set forth all information 
relevant to the request, including information relating to 
government positions held and major duties in those positions, 
actions taken concerning future employment, positions sought, 
and future job descriptions, if applicable. 
(3) WRITTEN
OPINION.—Not later than 30 days after 
receiving a request by an official or former official of the Depart-
ment of Defense described in subsection (c), the appropriate 
ethics counselor shall provide such official or former official 
a written opinion regarding the applicability or inapplicability 
of post-employment restrictions to activities that the official 
or former official may undertake on behalf of a contractor. 
(4) CONTRACTOR REQUIREMENT.—A Department of Defense 
contractor may not knowingly provide compensation to a former 
Department of Defense official described in subsection (c) within 
two years after such former official leaves service in the Depart-
ment of Defense, without first determining that the former 
official has sought and received (or has not received after 30 
days of seeking) a written opinion from the appropriate ethics 
counselor regarding the applicability of post-employment 
restrictions to the activities that the former official is expected 
to undertake on behalf of the contractor. 
(5) ADMINISTRATIVE ACTIONS.—In the event that an official 
or former official of the Department of Defense described in 
subsection (c), or a Department of Defense contractor, know-
ingly fails to comply with the requirements of this subsection, 
the Secretary of Defense may take any of the administrative 
actions set forth in section 27(e) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 423(e)) that the Secretary of Defense 
determines to be appropriate. 
(b) RECORDKEEPING REQUIREMENT.— 
Deadline. 
10 USC 1701 
note. 
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122 STAT. 244 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) DATABASE.—Each request for a written opinion made 
pursuant to this section, and each written opinion provided 
pursuant to such a request, shall be retained by the Department 
of Defense in a central database or repository for not less 
than five years beginning on the date on which the written 
opinion was provided. 
(2) INSPECTOR GENERAL REVIEW.—The Inspector General 
of the Department of Defense shall conduct periodic reviews 
to ensure that written opinions are being provided and retained 
in accordance with the requirements of this section. The first 
such review shall be conducted no later than two years after 
the date of the enactment of this Act. 
(c) COVERED DEPARTMENT OF DEFENSE OFFICIALS.—An official 
or former official of the Department of Defense is covered by the 
requirements of this section if such official or former official— 
(1) participated personally and substantially in an acquisi-
tion as defined in section 4(16) of the Office of Federal Procure-
ment Policy Act with a value in excess of $10,000,000 and 
serves or served— 
(A) in an Executive Schedule position under subchapter 
II of chapter 53 of title 5, United States Code; 
(B) in a position in the Senior Executive Service under 
subchapter VIII of chapter 53 of title 5, United States 
Code; or 
(C) in a general or flag officer position compensated 
at a rate of pay for grade O–7 or above under section 
201 of title 37, United States Code; or 
(2) serves or served as a program manager, deputy program 
manager, procuring contracting officer, administrative con-
tracting officer, source selection authority, member of the source 
selection evaluation board, or chief of a financial or technical 
evaluation team for a contract in an amount in excess of 
$10,000,000. 
(d) DEFINITION.—In this section, the term ‘‘post-employment 
restrictions’’ includes— 
(1) section 27 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 423); 
(2) section 207 of title 18, United States Code; and 
(3) any other statute or regulation restricting the employ-
ment or activities of individuals who leave government service 
in the Department of Defense. 
SEC. 848. REPORT ON CONTRACTOR ETHICS PROGRAMS OF MAJOR 
DEFENSE CONTRACTORS. 
(a) REPORT REQUIRED.—Not later than one year after the date 
of the enactment of this Act, the Comptroller General of the United 
States shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on the internal 
ethics programs of major defense contractors. 
(b) ELEMENTS.—The report required by subsection (a) shall 
address, at a minimum— 
(1) the extent to which major defense contractors have 
internal ethics programs in place; 
(2) the extent to which the ethics programs described in 
paragraph (1) include— 
Deadline. 
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122 STAT. 245 
PUBLIC LAW 110–181—JAN. 28, 2008 
(A) the availability of internal mechanisms, such as 
hotlines, for contractor employees to report conduct that 
may violate applicable requirements of law or regulation; 
(B) notification to contractor employees of the avail-
ability of external mechanisms, such as the hotline of the 
Inspector General of the Department of Defense, for the 
reporting of conduct that may violate applicable require-
ments of law or regulation; 
(C) notification to contractor employees of their right 
to be free from reprisal for disclosing a substantial violation 
of law related to a contract, in accordance with section 
2409 of title 10, United States Code; 
(D) ethics training programs for contractor officers and 
employees; 
(E) internal audit or review programs to identify and 
address conduct that may violate applicable requirements 
of law or regulation; 
(F) self-reporting requirements, under which contrac-
tors report conduct that may violate applicable require-
ments of law or regulation to appropriate government offi-
cials; 
(G) disciplinary action for contractor employees whose 
conduct is determined to have violated applicable require-
ments of law or regulation; and 
(H) appropriate management oversight to ensure the 
successful implementation of such ethics programs; 
(3) the extent to which the Department of Defense monitors 
or approves the ethics programs of major defense contractors; 
and 
(4) the advantages and disadvantages of legislation 
requiring that defense contractors develop internal ethics pro-
grams and requiring that specific elements be included in such 
ethics programs. 
(c) ACCESS TO INFORMATION.—In accordance with the contract 
clause required pursuant to section 2313(c) of title 10, United 
States Code, each major defense contractor shall provide the Comp-
troller General access to information requested by the Comptroller 
General that is within the scope of the report required by this 
section. 
(d) MAJOR DEFENSE CONTRACTOR DEFINED.—In this section, 
the term ‘‘major defense contractor’’ means any company that was 
awarded contracts by the Department of Defense during fiscal year 
2006 in amounts totaling more than $500,000,000. 
SEC. 849. CONTINGENCY CONTRACTING TRAINING FOR PERSONNEL 
OUTSIDE THE ACQUISITION WORKFORCE AND EVALUA-
TIONS OF ARMY COMMISSION RECOMMENDATIONS. 
(a) TRAINING REQUIREMENT.—Section 2333 of title 10, United 
States Code is amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following new sub-
section (e): 
‘‘(e) 
TRAINING
FOR
PERSONNEL
OUTSIDE
ACQUISITION 
WORKFORCE.—(1) The joint policy for requirements definition, 
contingency program management, and contingency contracting 
required by subsection (a) shall provide for training of military 
personnel outside the acquisition workforce (including operational 
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122 STAT. 246 
PUBLIC LAW 110–181—JAN. 28, 2008 
field commanders and officers performing key staff functions for 
operational field commanders) who are expected to have acquisition 
responsibility, including oversight duties associated with contracts 
or contractors, during combat operations, post-conflict operations, 
and contingency operations. 
‘‘(2) Training under paragraph (1) shall be sufficient to ensure 
that the military personnel referred to in that paragraph under-
stand the scope and scale of contractor support they will experience 
in contingency operations and are prepared for their roles and 
responsibilities with regard to requirements definition, program 
management (including contractor oversight), and contingency con-
tracting. 
‘‘(3) The joint policy shall also provide for the incorporation 
of contractors and contract operations in mission readiness exercises 
for operations that will include contracting and contractor support.’’. 
(b) ORGANIZATIONAL REQUIREMENTS.— 
(1) EVALUATION BY THE SECRETARY OF DEFENSE.—The Sec-
retary of Defense, in consultation with the Chairman of the 
Joint Chiefs of Staff, shall evaluate the recommendations 
included in the report of the Commission on Army Acquisition 
and Program Management in Expeditionary Operations and 
shall determine the extent to which such recommendations 
are applicable to the other Armed Forces. Not later than 120 
days after the date of the enactment of this Act, the Secretary 
of Defense shall submit a report to the congressional defense 
committees with the conclusions of this evaluation and a 
description of the Secretary’s plans for implementing the 
Commission’s recommendations for Armed Forces other than 
the Army. 
(2) EVALUATION BY THE SECRETARY OF THE ARMY.—The 
Secretary of the Army, in consultation with the Chief of Staff 
of the Army, shall evaluate the recommendations included in 
the report of the Commission on Army Acquisition and Program 
Management in Expeditionary Operations. Not later than 120 
days after the date of the enactment of this Act, the Secretary 
of the Army shall submit to the congressional defense commit-
tees a report detailing the Secretary’s plans for implementation 
of the recommendations of the Commission. The report shall 
include the following: 
(A) For each recommendation that has been imple-
mented, or that the Secretary plans to implement— 
(i) a summary of all actions that have been taken 
to implement such recommendation; and 
(ii) a schedule, with specific milestones, for com-
pleting the implementation of such recommendation. 
(B) For each recommendation that the Secretary has 
not implemented and does not plan to implement— 
(i) the reasons for the decision not to implement 
such recommendation; and 
(ii) a summary of any alternative actions the Sec-
retary plans to take to address the purposes underlying 
such recommendation. 
(C) For each recommendation that would require legis-
lation to implement, the Secretary’s recommendations 
regarding such legislation. 
(c) COMPTROLLER GENERAL REPORT.—Section 854(c) of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 
Deadlines. 
Reports. 
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122 STAT. 247 
PUBLIC LAW 110–181—JAN. 28, 2008 
(Public Law 109–364; 120 Stat. 2346) is amended by adding at 
the end the following new paragraph: 
‘‘(3) COMPTROLLER GENERAL REPORT.—Not later than 180 
days after the date on which the Secretary of Defense submits 
the final report required by paragraph (2), the Comptroller 
General of the United States shall— 
‘‘(A) review the joint policies developed by the Sec-
retary, including the implementation of such policies; and 
‘‘(B) submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report 
on the extent to which such policies, and the implementa-
tion of such policies, comply with the requirements of sec-
tion 2333 of title 10, United States Code (as so amended).’’. 
Subtitle E—Acquisition Workforce 
Provisions 
SEC. 851. REQUIREMENT FOR SECTION ON DEFENSE ACQUISITION 
WORKFORCE IN STRATEGIC HUMAN CAPITAL PLAN. 
(a) IN GENERAL.—In the update of the strategic human capital 
plan for 2008, and in each subsequent update, the Secretary of 
Defense shall include a separate section focused on the defense 
acquisition workforce, including both military and civilian per-
sonnel. 
(b) FUNDING.—The section shall contain— 
(1) an identification of the funding programmed for defense 
acquisition workforce improvements, including a specific identi-
fication of funding provided in the Department of Defense 
Acquisition Workforce Fund established under section 1705 
of title 10, United States Code (as added by section 852 of 
this Act); 
(2) an identification of the funding programmed for defense 
acquisition workforce training in the future-years defense pro-
gram, including a specific identification of funding provided 
by the acquisition workforce training fund established under 
section 37(h)(3) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 433(h)(3)); 
(3) a description of how the funding identified pursuant 
to paragraphs (1) and (2) will be implemented during the fiscal 
year concerned to address the areas of need identified in accord-
ance with subsection (c); 
(4) a statement of whether the funding identified under 
paragraphs (1) and (2) is being fully used; and 
(5) a description of any continuing shortfall in funding 
available for the defense acquisition workforce. 
(c) AREAS OF NEED.—The section also shall identify any areas 
of need in the defense acquisition workforce, including— 
(1) gaps in the skills and competencies of the current 
or projected defense acquisition workforce; 
(2) changes to the types of skills needed in the current 
or projected defense acquisition workforce; 
(3) incentives to retain in the defense acquisition workforce 
qualified, experienced defense acquisition workforce personnel; 
and 
(4) incentives for attracting new, high-quality personnel 
to the defense acquisition workforce. 
10 USC note 
prec. 1580. 
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122 STAT. 248 
PUBLIC LAW 110–181—JAN. 28, 2008 
(d) STRATEGIC HUMAN CAPITAL PLAN DEFINED.—In this section, 
the term ‘‘strategic human capital plan’’ means the strategic human 
capital plan required under section 1122 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 
Stat. 3452; 10 U.S.C. prec. 1580 note). 
SEC. 852. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE 
DEVELOPMENT FUND. 
(a) IN GENERAL.— 
(1) ESTABLISHMENT
OF
FUND.—Chapter 87 of title 10, 
United States Code, is amended by inserting after section 1704 
the following new section: 
‘‘§ 1705. Department of Defense Acquisition Workforce 
Development Fund 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish 
a fund to be known as the ‘Department of Defense Acquisition 
Workforce Fund’ (in this section referred to as the ‘Fund’) to provide 
funds, in addition to other funds that may be available, for the 
recruitment, training, and retention of acquisition personnel of the 
Department of Defense. 
‘‘(b) PURPOSE.—The purpose of the Fund is to ensure that 
the Department of Defense acquisition workforce has the capacity, 
in both personnel and skills, needed to properly perform its mission, 
provide appropriate oversight of contractor performance, and ensure 
that the Department receives the best value for the expenditure 
of public resources. 
‘‘(c) MANAGEMENT.—The Fund shall be managed by a senior 
official of the Department of Defense designated by the Under 
Secretary of Defense for Acquisition, Technology, and Logistics for 
that purpose, from among persons with an extensive background 
in management relating to acquisition and personnel. 
‘‘(d) ELEMENTS.— 
‘‘(1) IN GENERAL.—The Fund shall consist of amounts as 
follows: 
‘‘(A) Amounts credited to the Fund under paragraph 
(2). 
‘‘(B) Any other amounts appropriated to, credited to, 
or deposited into the Fund by law. 
‘‘(2) CREDITS TO THE FUND.—(A) There shall be credited 
to the Fund an amount equal to the applicable percentage 
for a fiscal year of all amounts expended by the Department 
of Defense in such fiscal year for contract services, other than 
services relating to research and development and services 
relating to military construction. 
‘‘(B) Not later than 30 days after the end of the third 
fiscal year quarter of fiscal year 2008, and 30 days after the 
end of each fiscal year quarter thereafter, the head of each 
military department and Defense Agency shall remit to the 
Secretary of Defense an amount equal to the applicable percent-
age for such fiscal year of the amount expended by such military 
department or Defense Agency, as the case may be, during 
such fiscal year quarter for services covered by subparagraph 
(A). Any amount so remitted shall be credited to the Fund 
under subparagraph (A). 
‘‘(C) For purposes of this paragraph, the applicable percent-
age for a fiscal year is a percentage as follows: 
Deadlines. 
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122 STAT. 249 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(i) For fiscal year 2008, 0.5 percent. 
‘‘(ii) For fiscal year 2009, 1 percent. 
‘‘(iii) For fiscal year 2010, 1.5 percent. 
‘‘(iv) For any fiscal year after fiscal year 2010, 2 per-
cent. 
‘‘(D) The Secretary of Defense may reduce a percentage 
established in subparagraph (C) for any fiscal year, if he deter-
mines that the application of such percentage would result 
in the crediting of an amount greater than is reasonably needed 
for the purpose of the Fund. In no event may the Secretary 
reduce a percentage for any fiscal year below a percentage 
that results in the deposit in a fiscal year of an amount equal 
to the following: 
‘‘(i) For fiscal year 2008, $300,000,000. 
‘‘(ii) For fiscal year 2009, $400,000,000. 
‘‘(iii) For fiscal year 2010, $500,000,000. 
‘‘(iv) For any fiscal year after fiscal year 2010, 
$600,000,000. 
‘‘(e) AVAILABILITY OF FUNDS.— 
‘‘(1) IN GENERAL.—Subject to the provisions of this sub-
section, amounts in the Fund shall be available to the Secretary 
of Defense for expenditure, or for transfer to a military depart-
ment or Defense Agency, for the recruitment, training, and 
retention of acquisition personnel of the Department of Defense 
for the purpose of the Fund, including for the provision of 
training and retention incentives to the acquisition workforce 
of the Department. 
‘‘(2) PROHIBITION.—Amounts in the Fund may not be obli-
gated for any purpose other than purposes described in para-
graph (1) or otherwise in accordance with this subsection. 
‘‘(3) GUIDANCE.—The Under Secretary of Defense for 
Acquisition, Technology, and Logistics, acting through the 
senior official designated to manage the Fund, shall issue guid-
ance for the administration of the Fund. Such guidance shall 
include provisions— 
‘‘(A) identifying areas of need in the acquisition 
workforce for which amounts in the Fund may be used, 
including— 
‘‘(i) changes to the types of skills needed in the 
acquisition workforce; 
‘‘(ii) incentives to retain in the acquisition 
workforce qualified, experienced acquisition workforce 
personnel; and 
‘‘(iii) incentives for attracting new, high-quality 
personnel to the acquisition workforce; 
‘‘(B) describing the manner and timing for applications 
for amounts in the Fund to be submitted; 
‘‘(C) describing the evaluation criteria to be used for 
approving or prioritizing applications for amounts in the 
Fund in any fiscal year; and 
‘‘(D) describing measurable objectives of performance 
for determining whether amounts in the Fund are being 
used in compliance with this section. 
‘‘(4) LIMITATION ON PAYMENTS TO OR FOR CONTRACTORS.— 
Amounts in the Fund shall not be available for payments 
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122 STAT. 250 
PUBLIC LAW 110–181—JAN. 28, 2008 
to contractors or contractor employees, other than for the pur-
pose of providing advanced training to Department of Defense 
employees. 
‘‘(5) PROHIBITION ON PAYMENT OF BASE SALARY OF CURRENT 
EMPLOYEES.—Amounts in the Fund may not be used to pay 
the base salary of any person who was an employee of the 
Department as of the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2008. 
‘‘(6) DURATION OF AVAILABILITY.—Amounts credited to the 
Fund under subsection (d)(2) shall remain available for expendi-
ture in the fiscal year for which credited and the two succeeding 
fiscal years. 
‘‘(f) ANNUAL REPORT.—Not later than 60 days after the end 
of each fiscal year beginning with fiscal year 2008, the Secretary 
of Defense shall submit to the congressional defense committees 
a report on the operation of the Fund during such fiscal year. 
Each report shall include, for the fiscal year covered by such report, 
the following: 
‘‘(1) A statement of the amounts remitted to the Secretary 
for crediting to the Fund for such fiscal year by each military 
department and Defense Agency, and a statement of the 
amounts credited to the Fund for such fiscal year. 
‘‘(2) A description of the expenditures made from the Fund 
(including expenditures following a transfer of amounts in the 
Fund to a military department or Defense Agency) in such 
fiscal year, including the purpose of such expenditures. 
‘‘(3) A description and assessment of improvements in the 
Department of Defense acquisition workforce resulting from 
such expenditures. 
‘‘(4) Recommendations for additional authorities to fulfill 
the purpose of the Fund. 
‘‘(5) A statement of the balance remaining in the Fund 
at the end of such fiscal year. 
‘‘(g) ACQUISITION WORKFORCE DEFINED.—In this section, the 
term ‘acquisition workforce’ means personnel in positions designated 
under section 1721 of this title as acquisition positions for purposes 
of this chapter.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter I of such chapter is amended by 
inserting after the item relating to section 1704 the following 
new item: 
‘‘1705. Department of Defense Acquisition Workforce Development Fund.’’. 
(b) EFFECTIVE DATE.—Section 1705 of title 10, United States 
Code, as added by subsection (a), shall take effect on the date 
of the enactment of this Act. 
SEC. 853. EXTENSION OF AUTHORITY TO FILL SHORTAGE CATEGORY 
POSITIONS FOR CERTAIN FEDERAL ACQUISITION POSI-
TIONS. 
Section 1413(b) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1665) is amended 
by striking ‘‘September 30, 2007’’ and inserting ‘‘September 30, 
2012’’. 
41 USC 433 note. 
10 USC 1705 
note. 
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122 STAT. 251 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 854. REPEAL OF SUNSET OF ACQUISITION WORKFORCE TRAINING 
FUND. 
Section 37(h)(3) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 433(h)(3)) is amended by striking subparagraph 
(H). 
SEC. 855. FEDERAL ACQUISITION WORKFORCE IMPROVEMENTS. 
(a) ASSOCIATE ADMINISTRATOR FOR ACQUISITION WORKFORCE 
PROGRAMS.—The Administrator for Federal Procurement Policy 
shall designate a member of the Senior Executive Service as the 
Associate Administrator for Acquisition Workforce Programs. The 
Associate Administrator for Acquisition Workforce Programs shall 
be located in the Federal Acquisition Institute (or its successor). 
The Associate Administrator shall be responsible for— 
(1) supervising the acquisition workforce training fund 
established under section 37(h)(3) of the Office of Federal 
Procurement Policy Act (41 U. S. C. 433(h)(3)); 
(2) developing, in coordination with Chief Acquisition Offi-
cers and Chief Human Capital Officers, a strategic human 
capital plan for the acquisition workforce of the Federal Govern-
ment; 
(3) reviewing and providing input to individual agency 
acquisition workforce succession plans; 
(4) recommending to the Administrator and other senior 
government officials appropriate programs, policies, and prac-
tices to increase the quantity and quality of the Federal acquisi-
tion workforce; and 
(5) carrying out such other functions as the Administrator 
may assign. 
(b) ACQUISITION AND CONTRACTING TRAINING PROGRAMS WITHIN 
EXECUTIVE AGENCIES.— 
(1) REQUIREMENT.—The head of each executive agency, 
after consultation with the Associate Administrator for Acquisi-
tion Workforce Programs, shall establish and operate acquisi-
tion and contracting training programs. Such programs shall— 
(A) have curricula covering a broad range of acquisition 
and contracting disciplines corresponding to the specific 
acquisition and contracting needs of the agency involved; 
(B) be developed and applied according to rigorous 
standards; and 
(C) be designed to maximize efficiency, through the 
use of self-paced courses, online courses, on-the-job 
training, and the use of remote instructors, wherever such 
features can be applied without reducing the effectiveness 
of the training or negatively affecting academic standards. 
(2) CHIEF ACQUISITION OFFICER AUTHORITIES AND RESPON-
SIBILITIES.—Subject to the authority, direction, and control of 
the head of an executive agency, the Chief Acquisition Officer 
for such agency shall carry out all powers, functions, and duties 
of the head of the agency with respect to implementation of 
this subsection. The Chief Acquisition Officer shall ensure that 
the policies established by the head of the agency in accordance 
with this subsection are implemented throughout the agency. 
(c) 
GOVERNMENT-WIDE
POLICIES
AND
EVALUATION.—The 
Administrator for Federal Procurement Policy shall issue policies 
to promote the development of performance standards for training 
and uniform implementation of this section by executive agencies, 
Designation. 
41 USC 433a. 
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122 STAT. 252 
PUBLIC LAW 110–181—JAN. 28, 2008 
with due regard for differences in program requirements among 
agencies that may be appropriate and warranted in view of the 
agency mission. The Administrator shall evaluate the implementa-
tion of the provisions of subsection (b) by executive agencies. 
(d) ACQUISITION AND CONTRACTING TRAINING REPORTING.—The 
Administrator for Federal Procurement Policy shall ensure that 
the heads of executive agencies collect and maintain standardized 
information on the acquisition and contracting workforce related 
to the implementation of subsection (b). 
(e) ACQUISITION
WORKFORCE
HUMAN
CAPITAL
SUCCESSION 
PLAN.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of the enactment of this Act, each Chief Acquisition Officer 
for an executive agency shall develop, in consultation with 
the Chief Human Capital Officer for the agency and the Asso-
ciate Administrator for Acquisition Workforce Programs, a 
succession plan consistent with the agency’s strategic human 
capital plan for the recruitment, development, and retention 
of the agency’s acquisition workforce, with a particular focus 
on warranted contracting officers and program managers of 
the agency. 
(2) CONTENT OF PLAN.—The acquisition workforce succes-
sion plan shall address— 
(A) recruitment goals for personnel from procurement 
intern programs; 
(B) the agency’s acquisition workforce training needs; 
(C) actions to retain high performing acquisition profes-
sionals who possess critical relevant skills; 
(D) recruitment goals for personnel from the Federal 
Career Intern Program; and 
(E) recruitment goals for personnel from the Presi-
dential Management Fellows Program. 
(f) 
TRAINING
IN
THE
ACQUISITION
OF
ARCHITECT
AND 
ENGINEERING SERVICES.—The Administrator for Federal Procure-
ment Policy shall ensure that a sufficient number of Federal 
employees are trained in the acquisition of architect and engineering 
services. 
(g) UTILIZATION OF RECRUITMENT AND RETENTION AUTHORI-
TIES.—The Administrator for Federal Procurement Policy, in 
coordination with the Director of the Office of Personnel Manage-
ment, shall encourage executive agencies to utilize existing authori-
ties, including direct hire authority and tuition assistance programs, 
to recruit and retain acquisition personnel and consider recruiting 
acquisition personnel who may be retiring from the private sector, 
consistent with existing laws and regulations. 
(h) DEFINITIONS.—In this section: 
(1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has 
the meaning provided in section 4(1) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(1)). 
(2) CHIEF ACQUISITION OFFICER.—The term ‘‘Chief Acquisi-
tion Officer’’ means a Chief Acquisition Officer for an executive 
agency appointed pursuant to section 16 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 414). 
Deadline. 
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122 STAT. 253 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle F—Contracts in Iraq and 
Afghanistan 
SEC. 861. MEMORANDUM OF UNDERSTANDING ON MATTERS RELATING 
TO CONTRACTING. 
(a) MEMORANDUM
OF UNDERSTANDING REQUIRED.—The Sec-
retary of Defense, the Secretary of State, and the Administrator 
of the United States Agency for International Development shall, 
not later than July 1, 2008, enter into a memorandum of under-
standing regarding matters relating to contracting for contracts 
in Iraq or Afghanistan. 
(b) MATTERS COVERED.—The memorandum of understanding 
required by subsection (a) shall address, at a minimum, the fol-
lowing: 
(1) Identification of the major categories of contracts in 
Iraq or Afghanistan being awarded by the Department of 
Defense, the Department of State, or the United States Agency 
for International Development. 
(2) Identification of the roles and responsibilities of each 
department or agency for matters relating to contracting for 
contracts in Iraq or Afghanistan. 
(3) Responsibility for establishing procedures for, and the 
coordination of, movement of contractor personnel in Iraq or 
Afghanistan. 
(4) Identification of common databases that will serve as 
repositories of information on contracts in Iraq or Afghanistan 
and contractor personnel in Iraq or Afghanistan, including 
agreement on the elements to be included in the databases, 
including, at a minimum— 
(A) with respect to each contract— 
(i) a brief description of the contract (to the extent 
consistent with security considerations); 
(ii) the total value of the contract; and 
(iii) whether the contract was awarded competi-
tively; and 
(B) with respect to contractor personnel— 
(i) the total number of personnel employed on con-
tracts in Iraq or Afghanistan; 
(ii) the total number of personnel performing secu-
rity functions under contracts in Iraq or Afghanistan; 
and 
(iii) the total number of personnel working under 
contracts in Iraq or Afghanistan who have been killed 
or wounded. 
(5) Responsibility for maintaining and updating information 
in the common databases identified under paragraph (4). 
(6) Responsibility for the collection and referral to the 
appropriate Government agency of any information relating 
to offenses under chapter 47 of title 10, United States Code 
(the Uniform Code of Military Justice) or chapter 212 of title 
18, United States Code (commonly referred to as the Military 
Extraterritorial Jurisdiction Act), including a clarification of 
responsibilities under section 802(a)(10) of title 10, United 
States Code (article 2(a) of the Uniform Code of Military Jus-
tice), as amended by section 552 of the John Warner National 
Deadlines. 
10 USC 2302 
note. 
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122 STAT. 254 
PUBLIC LAW 110–181—JAN. 28, 2008 
Defense Authorization Act for Fiscal Year 2007 (Public Law 
109–364). 
(c) IMPLEMENTATION OF MEMORANDUM OF UNDERSTANDING.— 
Not later than 120 days after the memorandum of understanding 
required by subsection (a) is signed, the Secretary of Defense, 
the Secretary of State, and the Administrator of the United States 
Agency for International Development shall issue such policies or 
guidance and prescribe such regulations as are necessary to imple-
ment the memorandum of understanding for the relevant matters 
pertaining to their respective agencies. 
(d) COPIES PROVIDED TO CONGRESS.— 
(1) MEMORANDUM
OF
UNDERSTANDING.—Copies of the 
memorandum of understanding required by subsection (a) shall 
be provided to the relevant committees of Congress within 
30 days after the memorandum is signed. 
(2) REPORT ON IMPLEMENTATION.—Not later than 180 days 
after the memorandum of understanding required by subsection 
(a) is signed, the Secretary of Defense, the Secretary of State, 
and the Administrator of the United States Agency for Inter-
national Development shall each provide a report to the rel-
evant committees of Congress on the implementation of the 
memorandum of understanding. 
(3) DATABASES.—The Secretary of Defense, the Secretary 
of State, or the Administrator of the United States Agency 
for International Development shall provide access to the 
common databases identified under subsection (b)(4) to the 
relevant committees of Congress. 
(4) CONTRACTS.—Effective on the date of the enactment 
of this Act, copies of any contracts in Iraq or Afghanistan 
awarded after December 1, 2007, shall be provided to any 
of the relevant committees of Congress within 15 days after 
the submission of a request for such contract or contracts 
from such committee to the department or agency managing 
the contract. 
SEC. 862. CONTRACTORS PERFORMING PRIVATE SECURITY FUNC-
TIONS IN AREAS OF COMBAT OPERATIONS. 
(a) REGULATIONS ON CONTRACTORS PERFORMING PRIVATE SECU-
RITY FUNCTIONS.— 
(1) IN GENERAL.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense, in 
coordination with the Secretary of State, shall prescribe regula-
tions on the selection, training, equipping, and conduct of per-
sonnel performing private security functions under a covered 
contract in an area of combat operations. 
(2) ELEMENTS.—The regulations prescribed under sub-
section (a) shall, at a minimum, establish— 
(A) a process for registering, processing, accounting 
for, and keeping appropriate records of personnel per-
forming private security functions in an area of combat 
operations; 
(B) a process for authorizing and accounting for 
weapons to be carried by, or available to be used by, per-
sonnel performing private security functions in an area 
of combat operations; 
(C) a process for the registration and identification 
of armored vehicles, helicopters, and other military vehicles 
Deadline. 
10 USC 2302 
note. 
Effective date. 
Regulations. 
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122 STAT. 255 
PUBLIC LAW 110–181—JAN. 28, 2008 
operated by contractors performing private security func-
tions in an area of combat operations; 
(D) a process under which contractors are required 
to report all incidents, and persons other than contractors 
are permitted to report incidents, in which— 
(i) a weapon is discharged by personnel performing 
private security functions in an area of combat oper-
ations; 
(ii) personnel performing private security functions 
in an area of combat operations are killed or injured; 
or 
(iii) persons are killed or injured, or property is 
destroyed, as a result of conduct by contractor per-
sonnel; 
(E) a process for the independent review and, if prac-
ticable, investigation of— 
(i) incidents reported pursuant to subparagraph 
(D); and 
(ii) incidents of alleged misconduct by personnel 
performing private security functions in an area of 
combat operations; 
(F) requirements for qualification, training, screening 
(including, if practicable, through background checks), and 
security for personnel performing private security functions 
in an area of combat operations; 
(G) guidance to the commanders of the combatant com-
mands on the issuance of— 
(i) orders, directives, and instructions to contrac-
tors performing private security functions relating to 
equipment, force protection, security, health, safety, 
or relations and interaction with locals; 
(ii) predeployment training requirements for per-
sonnel performing private security functions in an area 
of combat operations, addressing the requirements of 
this section, resources and assistance available to con-
tractor personnel, country information and cultural 
training, and guidance on working with host country 
nationals and military; and 
(iii) rules on the use of force for personnel per-
forming private security functions in an area of combat 
operations; 
(H) a process by which a commander of a combatant 
command may request an action described in subsection 
(b)(3); and 
(I) a process by which the training requirements 
referred to in subparagraph (G)(ii) shall be implemented. 
(3) AVAILABILITY
OF
ORDERS, DIRECTIVES, AND
INSTRUC-
TIONS.—The regulations prescribed under subsection (a) shall 
include mechanisms to ensure the provision and availability 
of the orders, directives, and instructions referred to in para-
graph (2)(G)(i) to contractors referred to in that paragraph, 
including through the maintenance of a single location 
(including an Internet website, to the extent consistent with 
security considerations) at or through which such contractors 
may access such orders, directives, and instructions. 
(b) CONTRACT CLAUSE ON CONTRACTORS PERFORMING PRIVATE 
SECURITY FUNCTIONS.— 
Web site. 
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122 STAT. 256 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) REQUIREMENT UNDER FAR.—Not later than 180 days 
after the date of the enactment of this Act, the Federal Acquisi-
tion Regulation issued in accordance with section 25 of the 
Office of Federal Procurement Policy Act (41 U.S.C. 421) shall 
be revised to require the insertion into each covered contract 
(or, in the case of a task order, the contract under which 
the task order is issued) of a contract clause addressing the 
selection, training, equipping, and conduct of personnel per-
forming private security functions under such contract. 
(2) CLAUSE REQUIREMENT.—The contract clause required 
by paragraph (1) shall require, at a minimum, that the con-
tractor concerned shall— 
(A) comply with regulations prescribed under sub-
section (a), including any revisions or updates to such 
regulations, and follow the procedures established in such 
regulations for— 
(i) registering, processing, accounting for, and 
keeping appropriate records of personnel performing 
private security functions in an area of combat oper-
ations; 
(ii) authorizing and accounting of weapons to be 
carried by, or available to be used by, personnel per-
forming private security functions in an area of combat 
operations; 
(iii) registration and identification of armored 
vehicles, helicopters, and other military vehicles oper-
ated by contractors and subcontractors performing pri-
vate security functions in an area of combat operations; 
and 
(iv) the reporting of incidents in which— 
(I) a weapon is discharged by personnel per-
forming private security functions in an area of 
combat operations; 
(II) personnel performing private security 
functions in an area of combat operations are killed 
or injured; or 
(III) persons are killed or injured, or property 
is destroyed, as a result of conduct by contractor 
personnel; 
(B) ensure that all personnel performing private secu-
rity functions under such contract are briefed on and under-
stand their obligation to comply with— 
(i) qualification, training, screening (including, if 
practicable, through background checks), and security 
requirements established by the Secretary of Defense 
for personnel performing private security functions in 
an area of combat operations; 
(ii) applicable laws and regulations of the United 
States and the host country, and applicable treaties 
and international agreements, regarding the perform-
ance of the functions of the contractor; 
(iii) orders, directives, and instructions issued by 
the applicable commander of a combatant command 
relating to equipment, force protection, security, 
health, safety, or relations and interaction with locals; 
and 
Deadline. 
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122 STAT. 257 
PUBLIC LAW 110–181—JAN. 28, 2008 
(iv) rules on the use of force issued by the 
applicable commander of a combatant command for 
personnel performing private security functions in an 
area of combat operations; and 
(C) cooperate with any investigation conducted by the 
Department of Defense pursuant to subsection (a)(2)(E) 
by providing access to employees of the contractor and 
relevant information in the possession of the contractor 
regarding the incident concerned. 
(3) NONCOMPLIANCE OF PERSONNEL WITH CLAUSE.—The con-
tracting officer for a covered contract may direct the contractor, 
at its own expense, to remove or replace any personnel per-
forming private security functions in an area of combat oper-
ations who violate or fail to comply with applicable require-
ments of the clause required by this subsection. If the violation 
or failure to comply is a gross violation or failure or is repeated, 
the contract may be terminated for default. 
(4) APPLICABILITY.—The contract clause required by this 
subsection shall be included in all covered contracts awarded 
on or after the date that is 180 days after the date of the 
enactment of this Act. Federal agencies shall make best efforts 
to provide for the inclusion of the contract clause required 
by this subsection in covered contracts awarded before such 
date. 
(5) INSPECTOR
GENERAL
REPORT
ON
PILOT
PROGRAM
ON 
IMPOSITION OF FINES FOR NONCOMPLIANCE OF PERSONNEL WITH 
CLAUSE.—Not later than March 30, 2008, the Inspector General 
of the Department of Defense shall submit to Congress a report 
assessing the feasibility and advisability of carrying out a pilot 
program for the imposition of fines on contractors for personnel 
who violate or fail to comply with applicable requirements 
of the clause required by this section as a mechanism for 
enhancing the compliance of such personnel with the clause. 
The report shall include— 
(A) an assessment of the feasibility and advisability 
of carrying out the pilot program; and 
(B) if the Inspector General determines that carrying 
out the pilot program is feasible and advisable— 
(i) recommendations on the range of contracts and 
subcontracts to which the pilot program should apply; 
and 
(ii) a schedule of fines to be imposed under the 
pilot program for various types of personnel actions 
or failures. 
(c) AREAS OF COMBAT OPERATIONS.— 
(1) DESIGNATION.—The Secretary of Defense shall designate 
the areas constituting an area of combat operations for purposes 
of this section by not later than 120 days after the date of 
the enactment of this Act. 
(2) PARTICULAR
AREAS.—Iraq and Afghanistan shall be 
included in the areas designated as an area of combat oper-
ations under paragraph (1). 
(3) ADDITIONAL AREAS.—The Secretary may designate any 
additional area as an area constituting an area of combat 
operations for purposes of this section if the Secretary deter-
mines that the presence or potential of combat operations in 
Deadline. 
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122 STAT. 258 
PUBLIC LAW 110–181—JAN. 28, 2008 
such area warrants designation of such area as an area of 
combat operations for purposes of this section. 
(4) MODIFICATION OR ELIMINATION OF DESIGNATION.—The 
Secretary may modify or cease the designation of an area 
under this subsection as an area of combat operations if the 
Secretary determines that combat operations are no longer 
ongoing in such area. 
(d) EXCEPTION.—The requirements of this section shall not 
apply to contracts entered into by elements of the intelligence 
community in support of intelligence activities. 
SEC. 863. COMPTROLLER GENERAL REVIEWS AND REPORTS ON CON-
TRACTING IN IRAQ AND AFGHANISTAN. 
(a) REVIEWS AND REPORTS REQUIRED.— 
(1) IN GENERAL.—Every 12 months, the Comptroller Gen-
eral shall review contracts in Iraq or Afghanistan and submit 
to the relevant committees of Congress a report on such review. 
(2) MATTERS
COVERED.—A report under this subsection 
shall cover the following with respect to the contracts in Iraq 
or Afghanistan reviewed for the report: 
(A) Total number of contracts and task orders awarded 
during the period covered by the report. 
(B) Total number of active contracts and task orders. 
(C) Total value of all contracts and task orders awarded 
during the reporting period. 
(D) Total value of active contracts and task orders. 
(E) The extent to which such contracts have used 
competitive procedures. 
(F) Total number of contractor personnel working on 
contracts during the reporting period. 
(G) Total number of contractor personnel, on average, 
who are performing security functions during the reporting 
period. 
(H) The number of contractor personnel killed or 
wounded during the reporting period. 
(I) Information on any specific contract or class of 
contracts that the Comptroller General determines raises 
issues of significant concern. 
(3) SUBMISSION
OF
REPORTS.—The Comptroller General 
shall submit an initial report under this subsection not later 
than October 1, 2008, and shall submit an updated report 
every year thereafter until October 1, 2010. 
(b) ACCESS TO DATABASES ON CONTRACTS.—The Secretary of 
Defense and the Secretary of State shall provide full access to 
the databases described in section 861(b)(4) to the Comptroller 
General for purposes of the reviews carried out under this section. 
SEC. 864. DEFINITIONS AND OTHER GENERAL PROVISIONS. 
(a) DEFINITIONS.—In this subtitle: 
(1) MATTERS RELATING TO CONTRACTING.—The term ‘‘mat-
ters relating to contracting’’, with respect to contracts in Iraq 
and Afghanistan, means all matters relating to awarding, 
funding, managing, tracking, monitoring, and providing over-
sight to contracts and contractor personnel. 
(2) CONTRACT IN IRAQ OR AFGHANISTAN.—The term ‘‘con-
tract in Iraq or Afghanistan’’ means a contract with the Depart-
ment of Defense, the Department of State, or the United States 
Agency for International Development, a subcontract at any 
10 USC 2302 
note. 
10 USC 2302 
note. 
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122 STAT. 259 
PUBLIC LAW 110–181—JAN. 28, 2008 
tier issued under such a contract, or a task order or delivery 
order at any tier issued under such a contract (including a 
contract, subcontract, or task order or delivery order issued 
by another Government agency for the Department of Defense, 
the Department of State, or the United States Agency for 
International Development), if the contract, subcontract, or task 
order or delivery order involves worked performed in Iraq or 
Afghanistan for a period longer than 14 days. 
(3) COVERED
CONTRACT.—The term ‘‘covered contract’’ 
means— 
(A) a contract of a Federal agency for the performance 
of services in an area of combat operations, as designated 
by the Secretary of Defense under subsection (c) of section 
862; 
(B) a subcontract at any tier under such a contract; 
or 
(C) a task order or delivery order issued under such 
a contract or subcontract. 
(4) CONTRACTOR.—The term ‘‘contractor’’, with respect to 
a covered contract, means the contractor or subcontractor car-
rying out the covered contract. 
(5) PRIVATE SECURITY FUNCTIONS.—The term ‘‘private secu-
rity functions’’ means activities engaged in by a contractor 
under a covered contract as follows: 
(A) Guarding of personnel, facilities, or property of 
a Federal agency, the contractor or subcontractor, or a 
third party. 
(B) Any other activity for which personnel are required 
to carry weapons in the performance of their duties. 
(6) RELEVANT COMMITTEES OF CONGRESS.—The term ‘‘rel-
evant committees of Congress’’ means each of the following 
committees: 
(A) The Committees on Armed Services of the Senate 
and the House of Representatives. 
(B) The Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee on Over-
sight and Government Reform of the House of Representa-
tives. 
(C) The Committee on Foreign Relations of the Senate 
and the Committee on Foreign Affairs of the House of 
Representatives. 
(D) For purposes of contracts relating to the National 
Foreign Intelligence Program, the Select Committee on 
Intelligence of the Senate and the Permanent Select Com-
mittee on Intelligence of the House of Representatives. 
(b) CLASSIFIED INFORMATION.—Nothing in this subtitle shall 
be interpreted to require the handling of classified information 
or information relating to intelligence sources and methods in a 
manner inconsistent with any law, regulation, executive order, or 
rule of the House of Representatives or of the Senate relating 
to the handling or protection of such information. 
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122 STAT. 260 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle G—Defense Materiel Readiness 
Board 
SEC. 871. ESTABLISHMENT OF DEFENSE MATERIEL READINESS 
BOARD. 
(a) ESTABLISHMENT.—Not later than 6 months after the date 
of the enactment of this Act, the Secretary of Defense shall establish 
a Defense Materiel Readiness Board (in this subtitle referred to 
as the ‘‘Board’’) within the Office of the Secretary of Defense. 
(b) MEMBERSHIP.—The Secretary shall appoint the chairman 
and the members of the Board from among officers of the Armed 
Forces with expertise in matters relevant to the function of the 
Board to assess materiel readiness and evaluate plans and policies 
relating to materiel readiness. At a minimum, the Board shall 
include representatives of the Joint Chiefs of Staff, each of the 
Armed Forces, and each of the reserve components of the Armed 
Forces. 
(c) STAFF.—The Secretary of Defense shall assign staff, and 
request the Secretaries of the military departments to assign staff, 
as necessary to assist the Board in carrying out its duties. 
(d) FUNCTIONS.—The Board shall provide independent assess-
ments of materiel readiness, materiel readiness shortfalls, and 
materiel readiness plans to the Secretary of Defense and the Con-
gress. To carry out such functions, the Board shall— 
(1) monitor and assess the materiel readiness of the Armed 
Forces; 
(2) assist the Secretary of Defense in the identification 
of deficiencies in the materiel readiness of the Armed Forces 
caused by shortfalls in weapons systems, equipment, and sup-
plies; 
(3) identify shortfalls in materiel readiness, including crit-
ical materiel readiness shortfalls, for purposes of the Secretary’s 
designations under section 872 and the funding needed to 
address such shortfalls; 
(4) assess the adequacy of current Department of Defense 
plans, policies, and programs to address shortfalls in materiel 
readiness, including critical materiel readiness shortfalls (as 
designated by the Secretary under section 872), and to sustain 
and improve materiel readiness; 
(5) assist the Secretary of Defense in determining whether 
the industrial capacity of the Department of Defense and of 
the defense industrial base is being best utilized to support 
the materiel readiness needs of the Armed Forces; 
(6) review and assess Department of Defense systems for 
measuring the status of current materiel readiness of the 
Armed Forces; and 
(7) make recommendations with respect to materiel readi-
ness funding, measurement techniques, plans, policies, and pro-
grams. 
(e) REPORTS.—The Board shall submit to the Secretary of 
Defense a report summarizing its findings and recommendations 
not less than once every six months. Within 30 days after receiving 
a report from the Board, the Secretary shall forward the report 
in its entirety, together with his comments, to the congressional 
defense committees. The report shall be submitted in unclassified 
Deadline. 
10 USC 117 note. 
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122 STAT. 261 
PUBLIC LAW 110–181—JAN. 28, 2008 
form. To the extent necessary, the report may be accompanied 
by a classified annex. 
SEC. 872. CRITICAL MATERIEL READINESS SHORTFALLS. 
(a) DESIGNATION
OF CRITICAL MATERIEL READINESS SHORT-
FALLS.— 
(1) DESIGNATION.—The Secretary of Defense may designate 
any requirement of the Armed Forces for equipment or supplies 
as a critical materiel readiness shortfall if there is a shortfall 
in the required equipment or supplies that materially reduces 
readiness of the Armed Forces and that— 
(A) cannot be adequately addressed by identifying 
acceptable substitute capabilities or cross leveling of equip-
ment that does not unacceptably reduce the readiness of 
other Armed Forces; and 
(B) that is likely to persist for more than two years 
based on currently projected budgets and schedules for 
deliveries of equipment and supplies. 
(2) CONSIDERATION OF BOARD FINDINGS AND RECOMMENDA-
TIONS.—In making any such designation, the Secretary shall 
take into consideration the findings and recommendations of 
the Defense Materiel Readiness Board. 
(b) MEASURES
TO ADDRESS CRITICAL MATERIEL READINESS 
SHORTFALLS.—The Secretary of Defense shall ensure that critical 
materiel readiness shortfalls designated pursuant to subsection 
(a)(1) are transmitted to the relevant officials of the Department 
of Defense responsible for requirements, budgets, and acquisition, 
and that such officials prioritize and address such shortfalls in 
the shortest time frame practicable. 
(c) TRANSFER AUTHORITY.— 
(1) IN GENERAL.—The amounts of authorizations that the 
Secretary may transfer under the authority of section 1001 
of this Act is hereby increased by $2,000,000,000. 
(2) LIMITATIONS.—The additional transfer authority pro-
vided by this section— 
(A) may be made only from authorizations to the 
Department of Defense for fiscal year 2008; 
(B) may be exercised solely for the purpose of 
addressing critical materiel readiness shortfalls as des-
ignated by the Secretary of Defense under subsection (a); 
and 
(C) is subject to the same terms, conditions, and proce-
dures as other transfer authority under section 1001 of 
this Act. 
(d) STRATEGIC READINESS FUND.— 
(1) ESTABLISHMENT.—There is established on the books 
of the Treasury a fund to be known as the Department of 
Defense Strategic Readiness Fund (in this subsection referred 
to as the ‘‘Fund’’), which shall be administered by the Secretary 
of the Treasury. 
(2) PURPOSES.—The Fund shall be used to address critical 
materiel readiness shortfalls as designated by the Secretary 
of Defense under subsection (a). 
(3) ASSETS OF FUND.—There shall be deposited into the 
Fund any amount appropriated to the Fund, which shall con-
stitute the assets of the Fund. 
10 USC 117 note. 
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122 STAT. 262 
PUBLIC LAW 110–181—JAN. 28, 2008 
(4) LIMITATION.—The procurement unit cost (as defined 
in section 2432(a) of title 10, United States Code) of any item 
purchased using assets of the Fund, whether such assets are 
in the Fund or after such assets have been transferred from 
the Fund using the authority provided in subsection (c), shall 
not exceed $30,000,000. 
(e) MULTIYEAR CONTRACT NOTIFICATION.— 
(1) NOTIFICATION.—If the Secretary of a military depart-
ment makes the determination described in paragraph (2) with 
respect to the use of a multiyear contract, the Secretary shall 
notify the congressional defense committees within 30 days 
of the determination and provide a detailed description of the 
proposed multiyear contract. 
(2) DETERMINATION.—The determination referred to in 
paragraph (1) is a determination by the Secretary of a military 
department that the use of a multiyear contract to procure 
an item to address a critical materiel readiness shortfall— 
(A) will significantly accelerate efforts to address a 
critical materiel readiness shortfall; 
(B) will provide savings compared to the total antici-
pated costs of carrying out the contract through annual 
contracts; and 
(C) will serve the interest of national security. 
(f) DEFINITION.—In this section, the term ‘‘critical materiel 
readiness shortfall’’ means a critical materiel readiness shortfall 
designated by the Secretary of Defense under this section. 
Subtitle H—Other Matters 
SEC. 881. CLEARINGHOUSE FOR RAPID IDENTIFICATION AND DISSEMI-
NATION 
OF 
COMMERCIAL 
INFORMATION 
TECH-
NOLOGIES. 
(a) REQUIREMENT TO ESTABLISH CLEARINGHOUSE.—Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary of Defense, acting through the Assistant Secretary of 
Defense for Networks and Information Integration, shall establish 
a clearinghouse for identifying, assessing, and disseminating knowl-
edge about readily available information technologies (with an 
emphasis on commercial off-the-shelf information technologies) that 
could support the warfighting mission of the Department of Defense. 
(b) RESPONSIBILITIES.—The clearinghouse established pursuant 
to subsection (a) shall be responsible for the following: 
(1) Developing a process to rapidly assess and set priorities 
and needs for significant information technology needs of the 
Department of Defense that could be met by commercial tech-
nologies, including a process for— 
(A) aligning priorities and needs with the requirements 
of the commanders of the combatant command; and 
(B) proposing recommendations to the commanders of 
the combatant command of feasible technical solutions for 
further evaluation. 
(2) Identifying and assessing emerging commercial tech-
nologies (including commercial off-the-shelf technologies) that 
could support the warfighting mission of the Department of 
Defense, including the priorities and needs identified pursuant 
to paragraph (1). 
Deadline. 
10 USC 2225 
note. 
Deadline. 
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122 STAT. 263 
PUBLIC LAW 110–181—JAN. 28, 2008 
(3) Disseminating information about commercial tech-
nologies identified pursuant to paragraph (2) to commanders 
of combatant commands and other potential users of such tech-
nologies. 
(4) Identifying gaps in commercial technologies and 
working to stimulate investment in research and development 
in the public and private sectors to address those gaps. 
(5) Enhancing internal data and communications systems 
of the Department of Defense for sharing and retaining informa-
tion regarding commercial technology priorities and needs, tech-
nologies available to meet such priorities and needs, and 
ongoing research and development directed toward gaps in 
such technologies. 
(6) Developing mechanisms, including web-based mecha-
nisms, to facilitate communications with industry regarding 
the priorities and needs of the Department of Defense identified 
pursuant to paragraph (1) and commercial technologies avail-
able to address such priorities and needs. 
(7) Assisting in the development of guides to help small 
information technology companies with promising technologies 
to understand and navigate the funding and acquisition proc-
esses of the Department of Defense. 
(8) Developing methods to measure how well processes 
developed by the clearinghouse are being utilized and to collect 
data on an ongoing basis to assess the benefits of commercial 
technologies that are procured on the recommendation of the 
clearinghouse. 
(c) PERSONNEL.—The Secretary of Defense, acting through the 
Assistant Secretary of Defense for Networks and Information 
Integration, shall provide for the hiring and support of employees 
(including detailees from other components of the Department of 
Defense and from other Federal departments or agencies) to assist 
in identifying, assessing, and disseminating information regarding 
commercial technologies under this section. 
(d) REPORT TO CONGRESS.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report on the 
implementation of this section. 
SEC. 882. AUTHORITY TO LICENSE CERTAIN MILITARY DESIGNATIONS 
AND LIKENESSES OF WEAPONS SYSTEMS TO TOY AND 
HOBBY MANUFACTURERS. 
(a) AUTHORITY TO LICENSE CERTAIN ITEMS.—Section 2260 of 
title 10, United States Code, is amended— 
(1) by redesignating subsections (c), (d), and (e) as sub-
sections (d), (e), and (f), respectively; and 
(2) by inserting after subsection (b) the following new sub-
section: 
‘‘(c) LICENSES FOR QUALIFYING COMPANIES.—(1) The Secretary 
concerned may license trademarks, service marks, certification 
marks, and collective marks owned or controlled by the Secretary 
relating to military designations and likenesses of military weapons 
systems to any qualifying company upon receipt of a request from 
the company. 
‘‘(2) For purposes of paragraph (1), a qualifying company is 
any United States company that— 
‘‘(A) is a toy or hobby manufacturer; and 
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122 STAT. 264 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(B) is determined by the Secretary concerned to be quali-
fied in accordance with such criteria as determined appropriate 
by the Secretary of Defense. 
‘‘(3) The fee for a license under this subsection shall not exceed 
by more than a nominal amount the amount needed to recover 
all costs of the Department of Defense in processing the request 
for the license and supplying the license. 
‘‘(4) A license to a qualifying company under this subsection 
shall provide that the license may not be transferred, sold, or 
relicensed by the qualifying company. 
‘‘(5) A license under this subsection shall not be an exclusive 
license.’’. 
(b) EFFECTIVE DATE.—The Secretary of Defense shall prescribe 
regulations to implement the amendment made by this section 
not later than 180 days after the date of the enactment of this 
Act. 
SEC. 883. MODIFICATIONS TO LIMITATION ON CONTRACTS TO 
ACQUIRE MILITARY FLIGHT SIMULATOR. 
(a) EFFECT ON EXISTING CONTRACTS.—Section 832 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109–364; 120 Stat. 2331) is amended by adding at 
the end the following new subsection: 
‘‘(e) EFFECT ON EXISTING CONTRACTS.—The limitation in sub-
section (a) does not apply to any service contract of a military 
department to acquire a military flight simulator, or to any renewal 
or extension of, or follow-on contract to, such a contract, if— 
‘‘(1) the contract was in effect as of October 17, 2006; 
‘‘(2) the number of flight simulators to be acquired under 
the contract (or renewal, extension, or follow-on) will not result 
in the total number of flight simulators acquired by the military 
department concerned through service contracts to exceed the 
total number of flight simulators to be acquired under all 
service contracts of such department for such simulators in 
effect as of October 17, 2006; and 
‘‘(3) in the case of a renewal or extension of, or follow- 
on contract to, the contract, the Secretary of the military depart-
ment concerned provides to the congressional defense commit-
tees a written notice of the decision to exercise an option 
to renew or extend the contract, or to issue a solicitation for 
bids or proposals using competitive procedures for a follow- 
on contract, and an economic analysis as described in subsection 
(c) supporting the decision, at least 30 days before carrying 
out such decision.’’. 
(b) CHANGE
IN GROUNDS
FOR WAIVER.—Section 832(c)(1) of 
such Act, as redesignated by subsection (a), is amend by striking 
‘‘necessary for national security purposes’’ and inserting ‘‘in the 
national interest’’. 
SEC. 884. REQUIREMENTS RELATING TO WAIVERS OF CERTAIN 
DOMESTIC SOURCE LIMITATIONS RELATING TO SPE-
CIALTY METALS. 
(a) NOTICE REQUIREMENT.—At least 30 days prior to making 
a domestic nonavailability determination pursuant to section 
2533b(b) of title 10, United States Code, that would apply to more 
than one contract of the Department of Defense, the Secretary 
of Defense shall, to the maximum extent practicable and in a 
10 USC 2533b 
note. 
10 USC 2302 
note. 
Regulations. 
Deadline. 
10 USC 2260 
note. 
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122 STAT. 265 
PUBLIC LAW 110–181—JAN. 28, 2008 
manner consistent with the protection of national security informa-
tion and confidential business information— 
(1) publish a notice on the website maintained by the 
General Services Administration known as FedBizOpps.gov (or 
any successor site) of the Secretary’s intent to make the 
domestic nonavailability determination; and 
(2) solicit information relevant to such notice from 
interested parties, including producers of specialty metal mill 
products. 
(b) DETERMINATION.—(1) The Secretary shall take into consider-
ation all information submitted pursuant to subsection (a) in 
making a domestic nonavailability determination pursuant to sec-
tion 2533b(b) of title 10, United States Code, that would apply 
to more than one contract of the Department of Defense, and 
may also consider other relevant information that cannot be made 
part of the public record consistent with the protection of national 
security information and confidential business information. 
(2) The Secretary shall ensure that any such determination 
and the rationale for such determination is made publicly available 
to the maximum extent consistent with the protection of national 
security information and confidential business information. 
SEC. 885. TELEPHONE SERVICES FOR MILITARY PERSONNEL SERVING 
IN COMBAT ZONES. 
(a) COMPETITIVE PROCEDURES REQUIRED.— 
(1) REQUIREMENT.—When the Secretary of Defense con-
siders it necessary to provide morale, welfare, and recreation 
telephone services for military personnel serving in combat 
zones, the Secretary shall use competitive procedures when 
entering into a contract to provide those services. 
(2) REVIEW AND DETERMINATION.—Before soliciting bids or 
proposals for new contracts, or considering extensions to 
existing contracts, to provide morale, welfare, and recreation 
telephone services for military personnel serving in combat 
zones, the Secretary shall review and determine whether it 
is in the best interest of the Department to require bids or 
proposals, or adjustments for the purpose of extending a con-
tract, to include options that minimize the cost of the telephone 
services to individual users while providing individual users 
the flexibility of using phone cards from other than the prospec-
tive contractor. The Secretary shall submit the results of this 
review and determination to the Committees on Armed Services 
of the Senate and the House of Representatives. 
(b) EFFECTIVE DATE.— 
(1) REQUIREMENT.—Subsection (a)(1) shall apply to any 
new contract to provide morale, welfare, and recreation tele-
phone services for military personnel serving in combat zones 
that is entered into after the date of the enactment of this 
Act. 
(2) REVIEW AND DETERMINATION.—Subsection (a)(2) shall 
apply to any new contract or extension to an existing contract 
to provide morale, welfare, and recreation telephone services 
for military personnel serving in combat zones that is entered 
into or agreed upon after the date of the enactment of this 
Act. 
Applicability. 
10 USC 2304 
note. 
Public 
information. 
Web site. 
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122 STAT. 266 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 886. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERV-
ICES PRODUCED IN IRAQ AND AFGHANISTAN. 
(a) IN GENERAL.—In the case of a product or service to be 
acquired in support of military operations or stability operations 
in Iraq or Afghanistan (including security, transition, reconstruc-
tion, and humanitarian relief activities) for which the Secretary 
of Defense makes a determination described in subsection (b), the 
Secretary may conduct a procurement in which— 
(1) competition is limited to products or services that are 
from Iraq or Afghanistan; 
(2) procedures other than competitive procedures are used 
to award a contract to a particular source or sources from 
Iraq or Afghanistan; or 
(3) a preference is provided for products or services that 
are from Iraq or Afghanistan. 
(b) DETERMINATION.—A determination described in this sub-
section is a determination by the Secretary that— 
(1) the product or service concerned is to be used only 
by the military forces, police, or other security personnel of 
Iraq or Afghanistan; or 
(2) it is in the national security interest of the United 
States to limit competition, use procedures other than competi-
tive procedures, or provide a preference as described in sub-
section (a) because— 
(A) such limitation, procedure, or preference is nec-
essary to provide a stable source of jobs in Iraq or Afghani-
stan; and 
(B) such limitation, procedure, or preference will not 
adversely affect— 
(i) military operations or stability operations in 
Iraq or Afghanistan; or 
(ii) the United States industrial base. 
(c) PRODUCTS, SERVICES, AND SOURCES FROM IRAQ OR AFGHANI-
STAN.—For the purposes of this section: 
(1) A product is from Iraq or Afghanistan if it is mined, 
produced, or manufactured in Iraq or Afghanistan. 
(2) A service is from Iraq or Afghanistan if it is performed 
in Iraq or Afghanistan by citizens or permanent resident aliens 
of Iraq or Afghanistan. 
(3) A source is from Iraq or Afghanistan if it— 
(A) is located in Iraq or Afghanistan; and 
(B) offers products or services that are from Iraq or 
Afghanistan. 
SEC. 887. DEFENSE SCIENCE BOARD REVIEW OF DEPARTMENT OF 
DEFENSE 
POLICIES 
AND 
PROCEDURES 
FOR 
THE 
ACQUISITION OF INFORMATION TECHNOLOGY. 
(a) REVIEW REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall direct 
the Defense Science Board to carry out a review of Department 
of Defense policies and procedures for the acquisition of information 
technology. 
(b) MATTERS TO BE ADDRESSED.—The matters addressed by 
the review required by subsection (a) shall include the following: 
(1) Department of Defense policies and procedures for 
acquiring national security systems, business information sys-
tems, and other information technology. 
Deadline. 
10 USC 2302 
note. 
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122 STAT. 267 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) The roles and responsibilities in implementing such 
policies and procedures of— 
(A) the Under Secretary of Defense for Acquisition, 
Technology, and Logistics; 
(B) the Chief Information Officer of the Department 
of Defense; 
(C) the Director of the Business Transformation 
Agency; 
(D) the service acquisition executives; 
(E) the chief information officers of the military depart-
ments; 
(F) Defense Agency acquisition officials; 
(G) the information officers of the Defense Agencies; 
and 
(H) the Director of Operational Test and Evaluation 
and the heads of the operational test organizations of the 
military departments and the Defense Agencies. 
(3) The application of such policies and procedures to 
information technologies that are an integral part of weapons 
or weapon systems. 
(4) The requirements of subtitle III of title 40, United 
States Code, and chapter 35 of title 44, United States Code, 
regarding performance-based and results-based management, 
capital planning, and investment control in the acquisition 
of information technology. 
(5) Department of Defense policies and procedures for maxi-
mizing the usage of commercial information technology while 
ensuring the security of the microelectronics, software, and 
networks of the Department. 
(6) The suitability of Department of Defense acquisition 
regulations, including Department of Defense Directive 5000.1 
and the accompanying milestones, to the acquisition of informa-
tion technology systems. 
(7) The adequacy and transparency of metrics used by 
the Department of Defense for the acquisition of information 
technology systems. 
(8) The effectiveness of existing statutory and regulatory 
reporting requirements for the acquisition of information tech-
nology systems. 
(9) The adequacy of operational and development test 
resources (including infrastructure and personnel), policies, and 
procedures to ensure appropriate testing of information tech-
nology systems both during development and before operational 
use. 
(10) The appropriate policies and procedures for technology 
assessment, development, and operational testing for purposes 
of the adoption of commercial technologies into information 
technology systems. 
(c) REPORT REQUIRED.—Not later than one year after the date 
of enactment of this Act, the Secretary shall submit to the congres-
sional defense committees a report on the results of the review 
required by subsection (a). The report shall include the findings 
and recommendations of the Defense Science Board pursuant to 
the review, including such recommendations for legislative or 
administrative action as the Board considers appropriate, together 
with any comments the Secretary considers appropriate. 
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122 STAT. 268 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 888. GREEN PROCUREMENT POLICY. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Department of Defense should establish a system to document 
and track the use of environmentally preferable products and serv-
ices. 
(b) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report on a plan to increase the usage of environmentally 
friendly products that minimize potential impacts to human health 
and the environment at all Department of Defense facilities inside 
and outside the United States, including through the direct pur-
chase of products and the purchase of products by facility mainte-
nance contractors. The report shall also cover consideration of the 
budgetary impact of implementation of the plan. 
SEC. 889. COMPTROLLER GENERAL REVIEW OF USE OF AUTHORITY 
UNDER THE DEFENSE PRODUCTION ACT OF 1950. 
(a) THOROUGH REVIEW REQUIRED.—The Comptroller General 
of the United States (in this section referred to as the ‘‘Comptroller’’) 
shall conduct a thorough review of the application of the Defense 
Production Act of 1950, covering the period beginning on the date 
of the enactment of the Defense Production Act Reauthorization 
of 2003 (Public Law 108–195) and ending on the date of the enact-
ment of this Act. 
(b) CONSIDERATIONS.—In conducting the review required by 
this section, the Comptroller shall examine— 
(1) the relevance and utility of the authorities provided 
under the Defense Production Act of 1950 to meet the security 
challenges of the 21st Century; 
(2) the manner in which the authorities provided under 
such Act have been used by the Federal Government— 
(A) to meet security challenges; 
(B) to meet current and future defense requirements; 
(C) to meet current and future energy requirements; 
(D) to meet current and future domestic emergency 
and disaster response and recovery requirements; 
(E) to reduce the interruption of critical infrastructure 
operations during a terrorist attack, natural catastrophe, 
or other similar national emergency; and 
(F) to safeguard critical components of the United 
States industrial base, including American aerospace and 
shipbuilding industries; 
(3) the economic impact of foreign offset contracts; 
(4) the relative merit of developing rapid and standardized 
systems for use of the authorities provided under the Defense 
Production Act of 1950, by any Federal agency; and 
(5) such other issues as the Comptroller determines rel-
evant. 
(c) REPORT TO CONGRESS.—Not later than 150 days after the 
date of the enactment of this Act, the Comptroller shall submit 
to the Committees on Armed Services and on Banking, Housing, 
and Urban Affairs of the Senate and the Committees on Armed 
Services and on Financial Services of the House of Representatives 
a report on the review conducted under this section. 
(d) RULES
OF CONSTRUCTION
ON PROTECTION
OF INFORMA-
TION.—Notwithstanding any other provision of law— 
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122 STAT. 269 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) the provisions of section 705(d) of the Defense Produc-
tion Act of 1950 (50 U.S.C. App. 2155(d)) shall not apply to 
information sought or obtained by the Comptroller for purposes 
of the review required by this section; and 
(2) provisions of law pertaining to the protection of classi-
fied information or proprietary information otherwise applicable 
to information sought or obtained by the Comptroller in car-
rying out this section shall not be affected by any provision 
of this section. 
SEC. 890. PREVENTION OF EXPORT CONTROL VIOLATIONS. 
(a) PREVENTION OF EXPORT CONTROL VIOLATIONS.—Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary of Defense shall prescribe regulations requiring any con-
tractor under a contract with the Department of Defense to provide 
goods or technology that is subject to export controls under the 
Arms Export Control Act or the Export Administration of 1979 
(as continued in effect under the International Emergency Economic 
Powers Act) to comply with those Acts and applicable regulations 
with respect to such goods and technology, including the Inter-
national Traffic in Arms Regulations and the Export Administration 
Regulations. Regulations prescribed under this subsection shall 
include a contract clause enforcing such requirement. 
(b) TRAINING ON EXPORT CONTROLS.—The Secretary of Defense 
shall ensure that any contractor under a contract with the Depart-
ment of Defense to provide goods or technology that is subject 
to export controls under the Arms Export Control Act or the Export 
Administration of 1979 (as continued in effect under the Inter-
national Emergency Economic Powers Act) is made aware of any 
relevant resources made available by the Department of State and 
the Department of Commerce to assist in compliance with the 
requirement established by subsection (a) and the need for a cor-
porate compliance plan and periodic internal audits of corporate 
performance under such plan. 
(c) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives a report 
assessing the utility of— 
(1) requiring defense contractors (or subcontractors at any 
tier) to periodically report on measures taken to ensure compli-
ance with the International Traffic in Arms Regulations and 
the Export Administration Regulations; 
(2) requiring periodic audits of defense contractors (or sub-
contractors at any tier) to ensure compliance with all provisions 
of the International Traffic in Arms Regulations and the Export 
Administration Regulations; 
(3) requiring defense contractors to maintain a corporate 
training plan to disseminate information to appropriate con-
tractor personnel regarding the applicability of the Arms Export 
Control Act and the Export Administration Act of 1979; and 
(4) requiring a designated corporate liaison, available for 
training provided by the United States Government, whose 
primary responsibility would be contractor compliance with 
the Arms Export Control Act and the Export Administration 
Act of 1979. 
(d) DEFINITIONS.—In this section: 
Contracts. 
10 USC 2302 
note. 
Deadline. 
Regulations. 
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122 STAT. 270 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) EXPORT
ADMINISTRATION
REGULATIONS.—The term 
‘‘Export Administration Regulations’’ means those regulations 
contained in sections 730 through 774 of title 15, Code of 
Federal Regulations (or successor regulations). 
(2) INTERNATIONAL TRAFFIC IN ARMS REGULATIONS.—The 
term ‘‘International Traffic in Arms Regulations’’ means those 
regulations contained in sections 120 through 130 of title 22, 
Code of Federal Regulations (or successor regulations). 
SEC. 891. PROCUREMENT GOAL FOR NATIVE HAWAIIAN-SERVING 
INSTITUTIONS AND ALASKA NATIVE-SERVING INSTITU-
TIONS. 
Section 2323 of title 10, United States Code, is amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘and’’ at the end of subparagraph (C); 
(B) by striking the period at the end of subparagraph 
(D) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new subpara-
graph: 
‘‘(E) Native Hawaiian-serving institutions and Alaska 
Native-serving institutions (as defined in section 317 of 
the Higher Education Act of 1965).’’; 
(2) in subsection (a)(2), by inserting after ‘‘Hispanic-serving 
institutions,’’ the following: ‘‘Native Hawaiian-serving institu-
tions and Alaska Native-serving institutions,’’; 
(3) in subsection (c)(1), by inserting after ‘‘Hispanic-serving 
institutions,’’ the following: ‘‘Native Hawaiian-serving institu-
tions and Alaska Native-serving institutions,’’; and 
(4) in subsection (c)(3), by inserting after ‘‘Hispanic-serving 
institutions,’’ the following: ‘‘to Native Hawaiian-serving institu-
tions and Alaska Native-serving institutions,’’. 
SEC. 892. COMPETITION FOR PROCUREMENT OF SMALL ARMS SUP-
PLIED TO IRAQ AND AFGHANISTAN. 
(a) COMPETITION REQUIREMENT.—For the procurement of pistols 
and other weapons described in subsection (b), the Secretary of 
Defense shall ensure, consistent with the provisions of section 2304 
of title 10, United States Code, that— 
(1) full and open competition is obtained to the maximum 
extent practicable; 
(2) no responsible United States manufacturer is excluded 
from competing for such procurements; and 
(3) products manufactured in the United States are not 
excluded from the competition. 
(b) PROCUREMENTS COVERED.—This section applies to the 
procurement of the following: 
(1) Pistols and other weapons less than 0.50 caliber for 
assistance to the Army of Iraq, the Iraqi Police Forces, and 
other Iraqi security organizations. 
(2) Pistols and other weapons less than 0.50 caliber for 
assistance to the Army of Afghanistan, the Afghani Police 
Forces, and other Afghani security organizations. 
Applicability. 
10 USC 2304 
note. 
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122 STAT. 271 
PUBLIC LAW 110–181—JAN. 28, 2008 
TITLE IX—DEPARTMENT OF DEFENSE 
ORGANIZATION AND MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Repeal of limitation on major Department of Defense headquarters activi-
ties personnel and related report. 
Sec. 902. Flexibility to adjust the number of deputy chiefs and assistant chiefs. 
Sec. 903. Change in eligibility requirements for appointment to Department of De-
fense leadership positions. 
Sec. 904. Management of the Department of Defense. 
Sec. 905. Revision in guidance relating to combatant command acquisition author-
ity. 
Sec. 906. Department of Defense Board of Actuaries. 
Sec. 907. Modification of background requirement of individuals appointed as 
Under Secretary of Defense for Acquisition, Technology, and Logistics. 
Sec. 908. Assistant Secretaries of the military departments for acquisition matters; 
principal military deputies. 
Sec. 909. Sense of Congress on term of Office of the Director of Operational Test 
and Evaluation. 
Subtitle B—Space Activities 
Sec. 911. Space protection strategy. 
Sec. 912. Biennial report on management of space cadre within the Department of 
Defense. 
Sec. 913. Additional report on oversight of acquisition for defense space programs. 
Subtitle C—Chemical Demilitarization Program 
Sec. 921. Chemical demilitarization citizens advisory commissions. 
Sec. 922. Sense of Congress on completion of destruction of United States chemical 
weapons stockpile. 
Sec. 923. Repeal of certain qualifications requirement for director of chemical de-
militarization management organization. 
Sec. 924. Modification of termination of assistance to State and local governments 
after completion of the destruction of the United States chemical weap-
ons stockpile. 
Subtitle D—Intelligence-Related Matters 
Sec. 931. Technical amendments to title 10, United States Code, arising from en-
actment of the Intelligence Reform and Terrorism Prevention Act of 
2004. 
Subtitle E—Roles and Missions Analysis 
Sec. 941. Requirement for quadrennial roles and missions review. 
Sec. 942. Joint Requirements Oversight Council additional duties relating to core 
mission areas. 
Sec. 943. Requirement for certification of major systems prior to technology devel-
opment. 
Sec. 944. Presentation of future-years mission budget by core mission area. 
Subtitle F—Other Matters 
Sec. 951. Department of Defense consideration of effect of climate change on De-
partment facilities, capabilities, and missions. 
Sec. 952. Interagency policy coordination. 
Sec. 953. Expansion of employment creditable under service agreements under Na-
tional Security Education Program. 
Sec. 954. Board of Regents for the Uniformed Services University of the Health 
Sciences. 
Sec. 955. Establishment of Department of Defense School of Nursing. 
Sec. 956. Inclusion of commanders of Western Hemisphere combatant commands in 
Board of Visitors of Western Hemisphere Institute for Security Coopera-
tion. 
Sec. 957. Comptroller General assessment of reorganization of the Office of the 
Under Secretary of Defense for Policy. 
Sec. 958. Report on foreign language proficiency. 
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122 STAT. 272 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle A—Department of Defense 
Management 
SEC. 901. REPEAL OF LIMITATION ON MAJOR DEPARTMENT OF 
DEFENSE HEADQUARTERS ACTIVITIES PERSONNEL AND 
RELATED REPORT. 
(a) REPEAL OF LIMITATION.— 
(1) REPEAL.—Section 130a of title 10, United States Code, 
is repealed. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 3 of such title is amended by striking 
the item relating to section 130a. 
(b) REPORT REQUIRED.—The Secretary of Defense shall include 
a report with the defense budget materials for each fiscal year 
that includes the following information: 
(1) The average number of military personnel and civilian 
employees of the Department of Defense assigned to major 
Department of Defense headquarters activities for each compo-
nent of the Department of Defense during the preceding fiscal 
year. 
(2) The total increase in personnel assigned to major head-
quarters activities, if any, during the preceding fiscal year— 
(A) attributable to the replacement of contract per-
sonnel with military personnel or civilian employees of 
the Department of Defense, including the number of posi-
tions associated with the replacement of contract personnel 
performing inherently governmental functions; and 
(B) attributable to reasons other than the replacement 
of contract personnel with military personnel or civilian 
employees of the Department, such as workload or oper-
ational demand increases. 
(3) An estimate of the cost savings, if any, associated with 
the elimination of contracts for the performance of major head-
quarters activities. 
(4) The number of military personnel and civilian 
employees of the Department of Defense assigned to major 
headquarters activities for each component of the Department 
of Defense as of October 1 of the preceding fiscal year. 
(c) DEFINITIONS.—In this section: 
(1) DEFENSE
BUDGET
MATERIALS.—The term ‘‘defense 
budget materials’’, with respect to a fiscal year, means the 
materials submitted to Congress by the Secretary of Defense 
in support of the budget for that fiscal year that is submitted 
to Congress by the President under section 1105 of title 31, 
United States Code. 
(2) CONTRACT PERSONNEL.—The term ‘‘contract personnel’’ 
means persons hired under a contract with the Department 
of Defense for the performance of major Department of Defense 
headquarters activities. 
SEC. 902. FLEXIBILITY TO ADJUST THE NUMBER OF DEPUTY CHIEFS 
AND ASSISTANT CHIEFS. 
(a) ARMY.—Section 3035(b) of title 10, United States Code, 
is amended to read as follows: 
10 USC 221 note. 
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122 STAT. 273 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(b) The Secretary of the Army shall prescribe the number 
of Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a total 
of not more than eight positions.’’. 
(b) NAVY.— 
(1) DEPUTY CHIEFS OF NAVAL OPERATIONS.—Section 5036(a) 
of title 10, United States Code, is amended— 
(A) by striking ‘‘There are in the Office of the Chief 
of Naval Operations not more than five Deputy Chiefs 
of Naval Operations,’’ and inserting ‘‘There are Deputy 
Chiefs of Naval Operations in the Office of the Chief of 
Naval Operations,’’; and 
(B) by adding at the end the following: ‘‘The Secretary 
of the Navy shall prescribe the number of Deputy Chiefs 
of Naval Operations under this section and Assistant Chiefs 
of Naval Operations under section 5037 of this title, for 
a total of not more than eight positions.’’. 
(2) ASSISTANT
CHIEFS
OF
NAVAL
OPERATIONS.—Section 
5037(a) of such title is amended— 
(A) by striking ‘‘There are in the Office of the Chief 
of Naval Operations not more than three Assistant Chiefs 
of Naval Operations,’’ and inserting ‘‘There are Assistant 
Chiefs of Naval Operations in the Office of the Chief of 
Naval Operations,’’; and 
(B) by adding at the end the following: ‘‘The Secretary 
of the Navy shall prescribe the number of Assistant Chiefs 
of Naval Operations in accordance with section 5036(a) 
of this title.’’. 
(c) AIR FORCE.—Section 8035(b) of title 10, United States Code, 
is amended to read as follows: 
‘‘(b) The Secretary of the Air Force shall prescribe the number 
of Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a total 
of not more than eight positions.’’. 
SEC. 903. CHANGE IN ELIGIBILITY REQUIREMENTS FOR APPOINTMENT 
TO DEPARTMENT OF DEFENSE LEADERSHIP POSITIONS. 
(a) SECRETARY OF DEFENSE.—Section 113(a) of title 10, United 
States Code, is amended by striking ‘‘10’’ and inserting ‘‘seven’’. 
(b) DEPUTY SECRETARY OF DEFENSE.—Section 132(a) of such 
title is amended by striking ‘‘ten’’ and inserting ‘‘seven’’. 
(c) UNDER SECRETARY OF DEFENSE FOR POLICY.—Section 134(a) 
of such title is amended by striking ‘‘10’’ and inserting ‘‘seven’’. 
SEC. 904. MANAGEMENT OF THE DEPARTMENT OF DEFENSE. 
(a) ASSIGNMENT OF MANAGEMENT DUTIES AND DESIGNATION 
OF A CHIEF MANAGEMENT OFFICER AND DEPUTY CHIEF MANAGE-
MENT OFFICER OF THE DEPARTMENT OF DEFENSE.— 
(1) ESTABLISHMENT OF POSITION.—Section 132 of title 10, 
United States Code is amended— 
(A) by redesignating subsection (c) as subsection (d); 
and 
(B) by inserting after subsection (b) the following new 
subsection (c): 
‘‘(c) The Deputy Secretary serves as the Chief Management 
Officer of the Department of Defense. The Deputy Secretary shall 
be assisted in this capacity by a Deputy Chief Management Officer, 
who shall be appointed from civilian life by the President, by 
and with the advice and consent of the Senate.’’. 
(2) ASSIGNMENT OF DUTIES.— 
10 USC 132 note. 
President. 
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122 STAT. 274 
PUBLIC LAW 110–181—JAN. 28, 2008 
(A) The Secretary of Defense shall assign duties and 
authorities relating to the management of the business 
operations of the Department of Defense. 
(B) The Secretary shall assign such duties and authori-
ties to the Chief Management Officer as are necessary 
for that official to effectively and efficiently organize the 
business operations of the Department of Defense. 
(C) The Secretary shall assign such duties and authori-
ties to the Deputy Chief Management Officer as are nec-
essary for that official to assist the Chief Management 
Officer to effectively and efficiently organize the business 
operations of the Department of Defense. 
(D) The Deputy Chief Management Officer shall per-
form the duties and have the authorities assigned by the 
Secretary under subparagraph (C) and perform such duties 
and have such authorities as are delegated by the Chief 
Management Officer. 
(3) EXECUTIVE SCHEDULE LEVEL III.—Section 5314 of title 
5, United States Code, is amended by inserting after the item 
relating to the Under Secretary of Defense for Intelligence 
the following new item: 
‘‘Deputy Chief Management Officer of the Department of 
Defense.’’. 
(4) PLACEMENT IN OSD.—Section 131(b)(2) of title 10, United 
States Code, is amended— 
(A) by redesignating paragraphs (3) through (8) as 
paragraphs (4) through (9), respectively; and 
(B) by inserting after paragraph (2) the following new 
paragraph (3): 
‘‘(3) The Deputy Chief Management Officer of the Depart-
ment of Defense.’’. 
(b) ASSIGNMENT OF MANAGEMENT DUTIES AND DESIGNATION 
OF THE CHIEF MANAGEMENT OFFICERS OF THE MILITARY DEPART-
MENTS.— 
(1) The Secretary of a military department shall assign 
duties and authorities relating to the management of the busi-
ness operations of such military department. 
(2) The Secretary of a military department, in assigning 
duties and authorities under paragraph (1) shall designate 
the Under Secretary of such military department to have the 
primary management responsibility for business operations, to 
be known in the performance of such duties as the Chief 
Management Officer. 
(3) The Secretary shall assign such duties and authorities 
to the Chief Management Officer as are necessary for that 
official to effectively and efficiently organize the business oper-
ations of the military department concerned. 
(4) The Chief Management Officer of each military depart-
ment shall promptly provide such information relating to the 
business operations of such department to the Chief Manage-
ment Officer and Deputy Chief Management Officer of the 
Department of Defense as is necessary to assist those officials 
in the performance of their duties. 
(c) MANAGEMENT
OF
DEFENSE
BUSINESS
TRANSFORMATION 
AGENCY.—Section 192(e)(2) of title 10, United States Code, is 
amended by striking ‘‘that the Agency’’ and all that follows and 
inserting ‘‘that the Director of the Agency shall report directly 
10 USC 132 note. 
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122 STAT. 275 
PUBLIC LAW 110–181—JAN. 28, 2008 
to the Deputy Chief Management Officer of the Department of 
Defense.’’. 
(d) STRATEGIC MANAGEMENT PLAN REQUIRED.— 
(1) REQUIREMENT.—The Secretary of Defense, acting 
through the Chief Management Officer of the Department of 
Defense, shall develop a strategic management plan for the 
Department of Defense. 
(2) MATTERS COVERED.—Such plan shall include, at a min-
imum, detailed descriptions of— 
(A) performance goals and measures for improving and 
evaluating the overall efficiency and effectiveness of the 
business operations of the Department of Defense and 
achieving an integrated management system for business 
support areas within the Department of Defense; 
(B) key initiatives to be undertaken by the Department 
of Defense to achieve the performance goals under subpara-
graph (A), together with related resource needs; 
(C) procedures to monitor the progress of the Depart-
ment of Defense in meeting performance goals and meas-
ures under subparagraph (A); 
(D) procedures to review and approve plans and 
budgets for changes in business operations, including any 
proposed changes to policies, procedures, processes, and 
systems, to ensure the compatibility of such plans and 
budgets with the strategic management plan of the Depart-
ment of Defense; and 
(E) procedures to oversee the development of, and 
review and approve, all budget requests for defense busi-
ness systems. 
(3) UPDATES.—The Secretary of Defense, acting through 
the Chief Management Officer, shall update the strategic 
management plan no later than July 1, 2009, and every two 
years thereafter and provide a copy to the Committees on 
Armed Services of the Senate and the House of Representatives. 
(e) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall provide to 
the Committees on Armed Services of the Senate and the House 
of Representatives a report on the implementation of this section 
and a copy of the strategic management plan required by subsection 
(d). 
SEC. 905. REVISION IN GUIDANCE RELATING TO COMBATANT COM-
MAND ACQUISITION AUTHORITY. 
Subparagraph (B) of section 905(b)(1) of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109–364; 120 Stat. 2353) is amended by striking ‘‘and mutually 
supportive of’’. 
SEC. 906. DEPARTMENT OF DEFENSE BOARD OF ACTUARIES. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Chapter 7 of title 10, United States Code, 
is amended by inserting after section 182 the following new 
section: 
‘‘§ 183. Department of Defense Board of Actuaries 
‘‘(a) IN GENERAL.—There shall be in the Department of Defense 
a Department of Defense Board of Actuaries (hereinafter in this 
section referred to as the ‘Board’). 
10 USC 133 note. 
Deadlines. 
Records. 
10 USC note 
prec. 2201. 
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122 STAT. 276 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(b) MEMBERS.—(1) The Board shall consist of three members 
who shall be appointed by the Secretary of Defense from among 
qualified professional actuaries who are members of the Society 
of Actuaries. 
‘‘(2) The members of the Board shall serve for a term of 15 
years, except that a member of the Board appointed to fill a vacancy 
occurring before the end of the term for which the member’s prede-
cessor was appointed shall only serve until the end of such term. 
A member may serve after the end of the member’s term until 
the member’s successor takes office. 
‘‘(3) A member of the Board may be removed by the Secretary 
of Defense only for misconduct or failure to perform functions 
vested in the Board. 
‘‘(4) A member of the Board who is not an employee of the 
United States is entitled to receive pay at the daily equivalent 
of the annual rate of basic pay of the highest rate of basic pay 
then currently being paid under the General Schedule of subchapter 
III of chapter 53 of title 5 for each day the member is engaged 
in the performance of the duties of the Board and is entitled 
to travel expenses, including a per diem allowance, in accordance 
with section 5703 of that title in connection with such duties. 
‘‘(c) DUTIES.—The Board shall have the following duties: 
‘‘(1) To review valuations of the Department of Defense 
Military Retirement Fund in accordance with section 1465(c) 
of this title and submit to the President and Congress, not 
less often than once every four years, a report on the status 
of that Fund, including such recommendations for modifications 
to the funding or amortization of that Fund as the Board 
considers appropriate and necessary to maintain that Fund 
on a sound actuarial basis. 
‘‘(2) To review valuations of the Department of Defense 
Education Benefits Fund in accordance with section 2006(e) 
of this title and make recommendations to the President and 
Congress on such modifications to the funding or amortization 
of that Fund as the Board considers appropriate to maintain 
that Fund on a sound actuarial basis. 
‘‘(3) To review valuations of such other funds as the Sec-
retary of Defense shall specify for purposes of this section 
and make recommendations to the President and Congress 
on such modifications to the funding or amortization of such 
funds as the Board considers appropriate to maintain such 
funds on a sound actuarial basis. 
‘‘(d) RECORDS.—The Secretary of Defense shall ensure that 
the Board has access to such records regarding the funds referred 
to in subsection (c) as the Board shall require to determine the 
actuarial status of such funds. 
‘‘(e) REPORTS.—(1) The Board shall submit to the Secretary 
of Defense on an annual basis a report on the actuarial status 
of each of the following: 
‘‘(A) The Department of Defense Military Retirement Fund. 
‘‘(B) The Department of Defense Education Benefits Fund. 
‘‘(C) Each other fund specified by Secretary under sub-
section (c)(3). 
‘‘(2) The Board shall also furnish its advice and opinion on 
matters referred to it by the Secretary.’’. 
Reports. 
Deadlines. 
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122 STAT. 277 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 7 of such title is amended by inserting 
after the item relating to section 182 the following new item: 
‘‘183. Department of Defense Board of Actuaries’’. 
(3) INITIAL SERVICE AS BOARD MEMBERS.—Each member 
of the Department of Defense Retirement Board of Actuaries 
or the Department of Defense Education Benefits Board of 
Actuaries as of the date of the enactment of this Act shall 
serve as an initial member of the Department of Defense Board 
of Actuaries under section 183 of title 10, United States Code 
(as added by paragraph (1)), from that date until the date 
otherwise provided for the completion of such individual’s term 
as a member of the Department of Defense Retirement Board 
of Actuaries or the Department of Defense Education Benefits 
Board of Actuaries, as the case may be, unless earlier removed 
by the Secretary of Defense. 
(b) TERMINATION OF EXISTING BOARDS OF ACTUARIES.— 
(1) DEPARTMENT OF DEFENSE RETIREMENT BOARD OF ACTU-
ARIES.—(A) Section 1464 of title 10, United States Code, is 
repealed. 
(B) The table of sections at the beginning of chapter 74 
of such title is amended by striking the item relating to section 
1464. 
(2) DEPARTMENT OF DEFENSE EDUCATION BENEFITS BOARD 
OF ACTUARIES.—Section 2006 of such title is amended— 
(A) in subsection (c)(1), by striking ‘‘subsection (g)’’ 
and inserting ‘‘subsection (f)’’; 
(B) by striking subsection (e); 
(C) by redesignating subsections (f), (g), and (h) as 
subsections (e), (f), and (g), respectively; 
(D) in subsection (e), as redesignated by subparagraph 
(C), by striking ‘‘subsection (g)’’ in paragraph (5) and 
inserting ‘‘subsection (f)’’; and 
(E) in subsection (f), as so redesignated— 
(i) in paragraph (2)(A), by striking ‘‘subsection 
(f)(3)’’ and inserting ‘‘subsection (e)(3)’’; and 
(ii) in paragraph (2)(B), by striking ‘‘subsection 
(f)(4)’’ and inserting ‘‘subsection (e)(4)’’. 
(c) CONFORMING AMENDMENTS.— 
(1) Section 1175(h)(4) of title 10, United States Code, is 
amended by striking ‘‘Retirement’’ the first place it appears. 
(2) Section 1460(b) of such title is amended by striking 
‘‘Retirement’’. 
(3) Section 1466(c)(3) of such title is amended by striking 
‘‘Retirement’’. 
(4) Section 12521(6) of such title is amended by striking 
‘‘Department of Defense Education Benefits Board of Actuaries 
referred to in section 2006(e)(1) of this title’’ and inserting 
‘‘Department of Defense Board of Actuaries under section 183 
of this title’’. 
SEC. 907. MODIFICATION OF BACKGROUND REQUIREMENT OF INDIVID-
UALS APPOINTED AS UNDER SECRETARY OF DEFENSE 
FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS. 
Section 133(a) of title 10, United States Code, is amended 
by striking ‘‘in the private sector’’. 
10 USC 183 note. 
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122 STAT. 278 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 908. ASSISTANT SECRETARIES OF THE MILITARY DEPARTMENTS 
FOR 
ACQUISITION 
MATTERS; 
PRINCIPAL 
MILITARY 
DEPUTIES. 
(a) DEPARTMENT OF THE ARMY.—Section 3016(b) of title 10, 
United States Code, is amended by adding at the end the following 
new paragraph: 
‘‘(5)(A) One of the Assistant Secretaries shall be the Assistant 
Secretary of the Army for Acquisition, Technology, and Logistics. 
The principal duty of the Assistant Secretary shall be the overall 
supervision of acquisition, technology, and logistics matters of the 
Department of the Army. 
‘‘(B) The Assistant Secretary shall have a Principal Military 
Deputy, who shall be a lieutenant general of the Army on active 
duty. The Principal Military Deputy shall be appointed from among 
officers who have significant experience in the areas of acquisition 
and program management. The position of Principal Military 
Deputy shall be designated as a critical acquisition position under 
section 1733 of this title.’’. 
(b) DEPARTMENT OF THE NAVY.—Section 5016(b) of such title 
is amended by adding at the end the following new paragraph: 
‘‘(4)(A) One of the Assistant Secretaries shall be the Assistant 
Secretary of the Navy for Research, Development, and Acquisition. 
The principal duty of the Assistant Secretary shall be the overall 
supervision of research, development, and acquisition matters of 
the Department of the Navy. 
‘‘(B) The Assistant Secretary shall have a Principal Military 
Deputy, who shall be a vice admiral of the Navy or a lieutenant 
general of the Marine Corps on active duty. The Principal Military 
Deputy shall be appointed from among officers who have significant 
experience in the areas of acquisition and program management. 
The position of Principal Military Deputy shall be designated as 
a critical acquisition position under section 1733 of this title.’’. 
(c) DEPARTMENT OF THE AIR FORCE.—Section 8016(b) of such 
title is amended by adding at the end the following new paragraph: 
‘‘(4)(A) One of the Assistant Secretaries shall be the Assistant 
Secretary of the Air Force for Acquisition. The principal duty of 
the Assistant Secretary shall be the overall supervision of acquisi-
tion matters of the Department of the Air Force. 
‘‘(B) The Assistant Secretary shall have a Principal Military 
Deputy, who shall be a lieutenant general of the Air Force on 
active duty. The Principal Military Deputy shall be appointed from 
among officers who have significant experience in the areas of 
acquisition and program management. The position of Principal 
Military Deputy shall be designated as a critical acquisition position 
under section 1733 of this title.’’. 
(d) DUTY OF PRINCIPAL MILITARY DEPUTIES TO INFORM SERVICE 
CHIEFS ON MAJOR DEFENSE ACQUISITION PROGRAMS.—Each Prin-
cipal Military Deputy to a service acquisition executive shall be 
responsible for keeping the Chief of Staff of the Armed Forces 
concerned informed of the progress of major defense acquisition 
programs. 
SEC. 909. SENSE OF CONGRESS ON TERM OF OFFICE OF THE DIRECTOR 
OF OPERATIONAL TEST AND EVALUATION. 
It is the sense of Congress that the term of office of the 
Director of Operational Test and Evaluation of the Department 
of Defense should be not less than five years. 
10 USC 2430 
note. 
Establishment. 
Appointments. 
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122 STAT. 279 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle B—Space Activities 
SEC. 911. SPACE PROTECTION STRATEGY. 
(a) SENSE OF CONGRESS.—It is the Sense of Congress that 
the United States should place greater priority on the protection 
of national security space systems. 
(b) STRATEGY.—The Secretary of Defense, in conjunction with 
the Director of National Intelligence, shall develop a strategy, to 
be known as the Space Protection Strategy, for the development 
and fielding by the United States of the capabilities that are nec-
essary to ensure freedom of action in space for the United States. 
(c) MATTERS INCLUDED.—The strategy required by subsection 
(b) shall include each of the following: 
(1) 
An 
identification 
of 
the 
threats 
to, 
and 
the 
vulnerabilities of, the national security space systems of the 
United States. 
(2) A description of the capabilities currently contained 
in the program of record of the Department of Defense and 
the intelligence community that ensure freedom of action in 
space. 
(3) For each period covered by the strategy, a description 
of the capabilities that are needed for the period, including— 
(A) the hardware, software, and other materials or 
services to be developed or procured; 
(B) the management and organizational changes to 
be achieved; and 
(C) concepts of operations, tactics, techniques, and 
procedures to be employed. 
(4) For each period covered by the strategy, an assessment 
of the gaps and shortfalls between the capabilities that are 
needed for the period and the capabilities currently contained 
in the program of record. 
(5) For each period covered by the strategy, a comprehen-
sive plan for investment in capabilities that identifies specific 
program and technology investments to be made in that period. 
(6) A description of the current processes by which the 
systems protection requirements of the Department of Defense 
and the intelligence community are addressed in space acquisi-
tion programs and during key milestone decisions, an assess-
ment of the adequacy of those processes, and an identification 
of the actions of the Department and the intelligence commu-
nity for addressing any inadequacies in those processes. 
(7) A description of the current processes by which the 
Department of Defense and the intelligence community program 
and budget for capabilities (including capabilities that are incor-
porated into single programs and capabilities that span multiple 
programs), an assessment of the adequacy of those processes, 
and an identification of the actions of the Department and 
the intelligence community for addressing any inadequacies 
in those processes. 
(8) A description of the organizational and management 
structure of the Department of Defense and the intelligence 
community for addressing policy, planning, acquisition, and 
operations with respect to capabilities, a description of the 
10 USC 2271 
note. 
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122 STAT. 280 
PUBLIC LAW 110–181—JAN. 28, 2008 
roles and responsibilities of each organization, and an identi-
fication of the actions of the Department and the intelligence 
community for addressing any inadequacies in that structure. 
(d) PERIODS COVERED.—The strategy required by subsection 
(b) shall cover the following periods: 
(1) Fiscal years 2008 through 2013. 
(2) Fiscal years 2014 through 2019. 
(3) Fiscal years 2020 through 2025. 
(e) DEFINITIONS.—In this section— 
(1) the term ‘‘capabilities’’ means space, airborne, and 
ground systems and capabilities for space situational awareness 
and for space systems protection; and 
(2) the term ‘‘intelligence community’’ has the meaning 
given such term in section 3(4) of the National Security Act 
of 1947 (50 U.S.C. 401a(4)). 
(f) REPORT; BIENNIAL UPDATE.— 
(1) REPORT.—Not later than six months after the date 
of the enactment of this Act, the Secretary of Defense, in 
conjunction with the Director of National Intelligence, shall 
submit to Congress a report on the strategy required by sub-
section (b), including each of the matters required by subsection 
(c). 
(2) BIENNIAL UPDATE.—Not later than March 15 of each 
even-numbered year after 2008, the Secretary of Defense, in 
conjunction with the Director of National Intelligence, shall 
submit to Congress an update to the report required by para-
graph (1). 
(3) CLASSIFICATION.—The report required by paragraph (1), 
and each update required by paragraph (2), shall be in unclassi-
fied form, but may include a classified annex. 
(g) CONFORMING REPEAL.—Section 911 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 
Stat. 3405; 10 U.S.C. 2271 note) is repealed. 
SEC. 912. BIENNIAL REPORT ON MANAGEMENT OF SPACE CADRE 
WITHIN THE DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Chapter 23 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 490. Space cadre management: biennial report 
‘‘(a) REQUIREMENT.—The Secretary of Defense and each Sec-
retary of a military department shall develop metrics and use 
these metrics to identify, track, and manage space cadre personnel 
within the Department of Defense to ensure the Department has 
sufficient numbers of personnel with the expertise, training, and 
experience to meet current and future national security space needs. 
‘‘(b) BIENNIAL REPORT REQUIRED.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this section, and every even-numbered 
year thereafter, the Secretary of Defense shall submit to the 
congressional defense committees a report on the management 
of the space cadre. 
‘‘(2) MATTERS
INCLUDED.—The report required by para-
graph (1) shall include— 
‘‘(A) the number of active duty, reserve duty, and 
government civilian space-coded billets that— 
Deadline. 
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122 STAT. 281 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(i) are authorized or permitted to be maintained 
for each military department and defense agency; 
‘‘(ii) are needed or required for each military 
department and defense agency for the year in which 
the submission of the report is required; and 
‘‘(iii) are needed or required for each military 
department and defense agency for each of the five 
years following the date of the submission of the report; 
‘‘(B) the actual number of active duty, reserve duty, 
and government civilian personnel that are coded or classi-
fied as space cadre personnel within the Department of 
Defense, including the military departments and defense 
agencies; 
‘‘(C) the number of personnel recruited or hired as 
accessions to serve in billets coded or classified as space 
cadre personnel for each military department and defense 
agency; 
‘‘(D) the number of personnel serving in billets coded 
or classified as space cadre personnel that discontinued 
serving each military department and defense agency 
during the preceding calendar year; 
‘‘(E) for each of the reporting requirements in subpara-
graphs (A) through (D), further classification of the number 
of personnel by— 
‘‘(i) space operators, acquisition personnel, engi-
neers, scientists, program managers, and other space- 
related areas identified by the Department; 
‘‘(ii) expertise or technical specialization area— 
‘‘(I) such as communications, missile warning, 
spacelift, and any other space-related specialties 
identified by the Department or classifications 
used by the Department; and 
‘‘(II) consistent with section 1721 of this title 
for acquisition personnel; 
‘‘(iii) rank for active duty and reserve duty per-
sonnel and grade for government civilian personnel; 
‘‘(iv) qualification, expertise, or proficiency level 
consistent with service and agency-defined qualifica-
tion, expertise, or proficiency levels; and 
‘‘(v) any other such space-related classification cat-
egories used by the Department or military depart-
ments; and 
‘‘(F) any other metrics identified by the Department 
to improve the identification, tracking, training, and 
management of space cadre personnel. 
‘‘(3) ASSESSMENTS.—The report required by paragraph (1) 
shall also include the Secretary’s assessment of the state of 
the Department’s space cadre, the Secretary’s assessment of 
the space cadres of the military departments, and a description 
of efforts to ensure the Department has a space cadre sufficient 
to meet current and future national security space needs.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
‘‘490. Space cadre management: biennial report.’’. 
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122 STAT. 282 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 913. ADDITIONAL REPORT ON OVERSIGHT OF ACQUISITION FOR 
DEFENSE SPACE PROGRAMS. 
Section 911(b)(1) of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2621) 
is amended by inserting ‘‘, and March 15, 2008,’’ after ‘‘March 
15, 2003,’’. 
Subtitle C—Chemical Demilitarization 
Program 
SEC. 921. CHEMICAL DEMILITARIZATION CITIZENS ADVISORY COMMIS-
SIONS. 
(a) FUNCTIONS.—Section 172 of the National Defense Authoriza-
tion Act for Fiscal Year 1993 (50 U.S.C. 1521 note) is amended— 
(1) in each of subsections (b) and (f), by striking ‘‘Assistant 
Secretary of the Army (Research, Development and Acquisi-
tion)’’ and inserting ‘‘Assistant Secretary of the Army (Acquisi-
tion, Logistics, and Technology)’’; and 
(2) in subsection (g), by striking ‘‘Assistant Secretary of 
the Army (Research, Development, and Acquisition)’’ and 
inserting ‘‘Assistant Secretary of the Army (Acquisition, Logis-
tics, and Technology)’’. 
(b) TERMINATION.—Such section is further amended in sub-
section (h) by striking ‘‘after the stockpile located in that commis-
sion’s State has been destroyed’’ and inserting ‘‘after the closure 
activities required pursuant to regulations promulgated by the 
Administrator of the Environmental Protection Agency pursuant 
to the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) have 
been completed for the chemical agent destruction facility in the 
commission’s State, or upon the request of the Governor of the 
commission’s State, whichever occurs first’’. 
SEC. 922. SENSE OF CONGRESS ON COMPLETION OF DESTRUCTION 
OF UNITED STATES CHEMICAL WEAPONS STOCKPILE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Convention on the Prohibition of the Development, 
Production, Stockpiling and Use of Chemical Weapons and 
on Their Destruction, done at Paris on January 13, 1993 (com-
monly referred to as the ‘‘Chemical Weapons Convention’’), 
requires that destruction of the entire United States chemical 
weapons stockpile be completed by not later than April 29, 
2007. 
(2) In 2006, under the terms of the Chemical Weapons 
Convention, the United States requested and received a one- 
time, 5-year extension of its chemical weapons destruction dead-
line to April 29, 2012. 
(3) On April 10, 2006, the Secretary of Defense notified 
Congress that the United States would not meet even the 
extended deadline under the Chemical Weapons Convention 
for destruction of the United States chemical weapons stockpile, 
but would ‘‘continue working diligently to minimize the time 
to complete destruction without sacrificing safety and security’’ 
and would also ‘‘continue requesting resources needed to com-
plete destruction as close to April 2012 as practicable’’. 
50 USC 1521 
note. 
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122 STAT. 283 
PUBLIC LAW 110–181—JAN. 28, 2008 
(4) The United States chemical demilitarization program 
has met its one percent, 20 percent, and extended 45 percent 
destruction deadlines under the Chemical Weapons Convention. 
(5) Destroying the remaining stockpile of United States 
chemical weapons is imperative for public safety and homeland 
security, and doing so by April 2012, in accordance with the 
current destruction deadline provided under the Chemical 
Weapons Convention, is required by United States law. 
(6) The elimination of chemical weapons anywhere they 
exist in the world, and the prevention of their proliferation, 
is of utmost importance to the national security of the United 
States. 
(7) Section 921(b)(3) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 
120 Stat. 2359) contained a sense of Congress urging the Sec-
retary of Defense to ensure the elimination of the United States 
chemical weapons stockpile in the shortest time possible, con-
sistent with the requirement to protect public health, safety, 
and the environment. 
(8) Section 921(b)(4) of that Act contained a sense of Con-
gress urging the Secretary of Defense to propose a credible 
treatment and disposal process with the support of affected 
communities. In this regard, any such process should provide 
for sufficient communication and consultation between rep-
resentatives of the Department of Defense and representatives 
of affected States and communities. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the United States is, and must remain, committed to 
making every effort to safely dispose of its entire chemical 
weapons stockpile by April 2012, the current destruction dead-
line provided under the Chemical Weapons Convention, or as 
soon thereafter as possible, and must carry out all of its other 
obligations under the Convention; and 
(2) the Secretary of Defense should make every effort to 
plan for, and to request in the annual budget of the President 
submitted to Congress adequate funding to complete, the elimi-
nation of the United States chemical weapons stockpile in 
accordance with United States obligations under the Chemical 
Weapons Convention and in a manner that will protect public 
health, safety, and the environment, as required by law. 
(c) REPORTS REQUIRED.— 
(1) IN GENERAL.—Not later than March 15, 2008, and every 
180 days thereafter until the year in which the United States 
completes the destruction of its entire stockpile of chemical 
weapons under the terms of the Chemical Weapons Convention, 
the Secretary of Defense shall submit to the members and 
committees of Congress referred to in paragraph (3) a report 
on the implementation by the United States of its chemical 
weapons destruction obligations under the Chemical Weapons 
Convention. 
(2) ELEMENTS.—Each report under paragraph (1) shall 
include the following: 
(A) The anticipated schedule at the time of such report 
for the completion of destruction of chemical agents, muni-
tions, and materiel at each chemical weapons demilitariza-
tion facility in the United States. 
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122 STAT. 284 
PUBLIC LAW 110–181—JAN. 28, 2008 
(B) A description of the options and alternatives for 
accelerating the completion of chemical weapons destruc-
tion at each such facility, particularly in time to meet 
the destruction deadline of April 29, 2012, currently pro-
vided by the Chemical Weapons Convention, and by 
December 31, 2017. 
(C) A description of the funding required to achieve 
each of the options for destruction described under subpara-
graph (B), and a detailed life-cycle cost estimate for each 
of the affected facilities included in each such funding 
profile. 
(D) A description of all actions being taken by the 
United States to accelerate the destruction of its entire 
stockpile of chemical weapons, agents, and materiel in 
order to meet the current destruction deadline under the 
Chemical Weapons Convention of April 29, 2012, or as 
soon thereafter as possible. 
(3) MEMBERS AND COMMITTEES OF CONGRESS.—The mem-
bers and committees of Congress referred to in this paragraph 
are— 
(A) the majority leader of the Senate, the minority 
leader of the Senate, and the Committees on Armed Serv-
ices and Appropriations of the Senate; and 
(B) the Speaker of the House of Representatives, the 
majority leader of the House of Representatives, the 
minority leader of the House of Representatives, and the 
Committees on Armed Services and Appropriations of the 
House of Representatives. 
SEC. 923. REPEAL OF CERTAIN QUALIFICATIONS REQUIREMENT FOR 
DIRECTOR OF CHEMICAL DEMILITARIZATION MANAGE-
MENT ORGANIZATION. 
Section 1412(e)(3) of the Department of Defense Authorization 
Act, 1986 (50 U.S.C. 1521(e)(3)) is amended— 
(1) in subparagraph (A), by adding ‘‘and’’ at the end; 
(2) by striking subparagraph (B); and 
(3) by redesignating subparagraph (C) as subparagraph 
(B). 
SEC. 924. MODIFICATION OF TERMINATION OF ASSISTANCE TO STATE 
AND LOCAL GOVERNMENTS AFTER COMPLETION OF THE 
DESTRUCTION OF THE UNITED STATES CHEMICAL 
WEAPONS STOCKPILE. 
Subparagraph (B) of section 1412(c)(5) of the Department of 
Defense Authorization Act, 1986 (50 U.S.C. 1521(c)(5)) is amended 
to read as follows: 
‘‘(B) Assistance may be provided under this paragraph for 
capabilities to respond to emergencies involving an installation 
or facility as described in subparagraph (A) until the earlier of 
the following: 
‘‘(i) The date of the completion of all grants and cooperative 
agreements with respect to the installation or facility for pur-
poses of this paragraph between the Federal Emergency 
Management Agency and the State and local governments con-
cerned. 
‘‘(ii) The date that is 180 days after the date of the comple-
tion of the destruction of lethal chemical agents and munitions 
at the installation or facility.’’. 
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122 STAT. 285 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle D—Intelligence-Related Matters 
SEC. 931. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES 
CODE, ARISING FROM ENACTMENT OF THE INTEL-
LIGENCE REFORM AND TERRORISM PREVENTION ACT 
OF 2004. 
(a) REFERENCES TO HEAD OF INTELLIGENCE COMMUNITY.—Title 
10, United States Code, is amended by striking ‘‘Director of Central 
Intelligence’’ each place it appears in the following provisions and 
inserting ‘‘Director of National Intelligence’’: 
(1) Section 192(c)(2). 
(2) Section 193(d)(2). 
(3) Section 193(e). 
(4) Section 201(a). 
(5) Section 201(c)(1). 
(6) Section 425(a). 
(7) Section 426(a)(3). 
(8) Section 426(b)(2). 
(9) Section 441(c). 
(10) Section 441(d). 
(11) Section 443(d). 
(12) Section 2273(b)(1). 
(13) Section 2723(a). 
(b) REFERENCES TO HEAD OF CENTRAL INTELLIGENCE AGENCY.— 
Such title is further amended by striking ‘‘Director of Central 
Intelligence’’ each place it appears in the following provisions and 
inserting ‘‘Director of the Central Intelligence Agency’’: 
(1) Section 431(b)(1). 
(2) Section 444. 
(3) Section 1089(g). 
(c) OTHER AMENDMENTS.— 
(1) SUBSECTION HEADINGS.— 
(A) SECTION 441(c).—The heading of subsection (c) of 
section 441 of such title is amended by striking ‘‘DIRECTOR 
OF CENTRAL INTELLIGENCE’’ and inserting ‘‘DIRECTOR OF 
NATIONAL INTELLIGENCE’’. 
(B) SECTION 443(d).—The heading of subsection (d) 
of section 443 of such title is amended by striking 
‘‘DIRECTOR
OF
CENTRAL
INTELLIGENCE’’ and inserting 
‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’. 
(2) SECTION 201.—Section 201 of such title is further 
amended— 
(A) in subsection (b)(1), to read as follows: 
‘‘(1) In the event of a vacancy in a position referred to 
in paragraph (2), before appointing an individual to fill the 
vacancy or recommending to the President an individual to 
be nominated to fill the vacancy, the Secretary of Defense 
shall obtain the concurrence of the Director of National Intel-
ligence as provided in section 106(b) of the National Security 
Act of 1947 (50 U.S.C. 403–6(b)).’’; and 
(B) in subsection (c)(1), by striking ‘‘National Foreign 
Intelligence Program’’ and inserting ‘‘National Intelligence 
Program’’. 
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122 STAT. 286 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle E—Roles and Missions Analysis 
SEC. 941. REQUIREMENT FOR QUADRENNIAL ROLES AND MISSIONS 
REVIEW. 
(a) REQUIREMENT FOR REVIEW.— 
(1) IN GENERAL.—Chapter 2 of title 10, United States Code, 
is amended by inserting after section 118a the following new 
section: 
‘‘§ 118b. Quadrennial roles and missions review 
‘‘(a) REVIEW REQUIRED.—The Secretary of Defense shall every 
four years conduct a comprehensive assessment (to be known as 
the ‘quadrennial roles and missions review’) of the roles and mis-
sions of the armed forces and the core competencies and capabilities 
of the Department of Defense to perform and support such roles 
and missions. 
‘‘(b) INDEPENDENT MILITARY ASSESSMENT OF ROLES AND MIS-
SIONS.—(1) In each year in which the Secretary of Defense is 
required to conduct a comprehensive assessment pursuant to sub-
section (a), the Chairman of the Joint Chiefs of Staff shall prepare 
and submit to the Secretary the Chairman’s assessment of the 
roles and missions of the armed forces and the assignment of 
functions to the armed forces, together with any recommendations 
for changes in assignment that the Chairman considers necessary 
to achieve maximum efficiency and effectiveness of the armed forces. 
‘‘(2) The Chairman’s assessment shall be conducted so as to— 
‘‘(A) organize the significant missions of the armed forces 
into core mission areas that cover broad areas of military 
activity; 
‘‘(B) ensure that core mission areas are defined and func-
tions are assigned so as to avoid unnecessary duplication of 
effort among the armed forces; and 
‘‘(C) provide the Chairman’s recommendations with regard 
to issues to be addressed by the Secretary of Defense under 
subsection (c). 
‘‘(c) IDENTIFICATION OF CORE MISSION AREAS AND CORE COM-
PETENCIES
AND CAPABILITIES.—Upon receipt of the Chairman’s 
assessment, and after giving appropriate consideration to the Chair-
man’s recommendations, the Secretary of Defense shall identify— 
‘‘(1) the core mission areas of the armed forces; 
‘‘(2) the core competencies and capabilities that are associ-
ated with the performance or support of a core mission area 
identified pursuant to paragraph (1); 
‘‘(3) the elements of the Department of Defense (including 
any other office, agency, activity, or command described in 
section 111(b) of this title) that are responsible for providing 
the core competencies and capabilities required to effectively 
perform the core missions identified pursuant to paragraph 
(1); 
‘‘(4) any gaps in the ability of the elements (or other office, 
agency activity, or command) of the Department of Defense 
to provide core competencies and capabilities required to effec-
tively perform the core missions identified pursuant to para-
graph (1); 
‘‘(5) any unnecessary duplication of core competencies and 
capabilities between defense components; and 
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122 STAT. 287 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(6) a plan for addressing any gaps or unnecessary duplica-
tion identified pursuant to paragraph (4) or paragraph (5). 
‘‘(d) REPORT.—The Secretary shall submit a report on the 
quadrennial roles and missions review to the Committees on Armed 
Services of the Senate and the House of Representatives. The report 
shall be submitted in the year following the year in which the 
review is conducted, but not later than the date on which the 
President submits the budget for the next fiscal year to Congress 
under section 1105(a) of title 31.’’. 
(b) REPEAL OF SUPERSEDED PROVISION.—Section 118(e) of title 
10, United States Code, is amended— 
(1) by striking paragraph (2); and 
(2) by redesignating paragraph (3) as paragraph (2). 
(c) TIMING OF QUADRENNIAL ROLES AND MISSIONS REVIEW.— 
(1) FIRST REVIEW.—The first quadrennial roles and missions 
review under section 118b of title 10, United States Code, 
as added by subsection (a), shall be conducted during 2008. 
(2) SUBSEQUENT REVIEWS.—Subsequent reviews shall be 
conducted every four years, beginning in 2011. 
SEC. 942. JOINT REQUIREMENTS OVERSIGHT COUNCIL ADDITIONAL 
DUTIES RELATING TO CORE MISSION AREAS. 
(a) REVISIONS IN MISSION.—Subsection (b) of section 181 of 
title 10, United States Code, is amended to read as follows: 
‘‘(b) MISSION.—In addition to other matters assigned to it by 
the President or Secretary of Defense, the Joint Requirements Over-
sight Council shall— 
‘‘(1) assist the Chairman of the Joint Chiefs of Staff— 
‘‘(A) in identifying, assessing, and approving joint mili-
tary requirements (including existing systems and equip-
ment) to meet the national military strategy; and 
‘‘(B) in identifying the core mission area associated 
with each such requirement; 
‘‘(2) assist the Chairman in establishing and assigning 
priority levels for joint military requirements; 
‘‘(3) assist the Chairman in reviewing the estimated level 
of resources required in the fulfillment of each joint military 
requirement and in ensuring that such resource level is con-
sistent with the level of priority assigned to such requirement; 
and 
‘‘(4) assist acquisition officials in identifying alternatives 
to any acquisition program that meet joint military require-
ments for the purposes of section 2366a(a)(4), section 2366b(b), 
and section 2433(e)(2) of this title.’’. 
(b) ADVISORS.—Section 181 of such title is amended— 
(1) by redesignating subsection (d) as subsection (f); and 
(2) by inserting after subsection (c) the following new sub-
section (d): 
‘‘(d) ADVISORS.—The Under Secretary of Defense for Acquisition, 
Technology, and Logistics, the Under Secretary of Defense (Comp-
troller), and the Director of the Office of Program Analysis and 
Evaluation shall serve as advisors to the Council on matters within 
their authority and expertise.’’. 
(c) ORGANIZATION.—Section 181 of such title is further amended 
by inserting after subsection (d) (as inserted by subsection (b)) 
the following new subsection (e): 
10 USC 118b 
note. 
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122 STAT. 288 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(e) ORGANIZATION.—The Joint Requirements Oversight Council 
shall conduct periodic reviews of joint military requirements within 
a core mission area of the Department of Defense. In any such 
review of a core mission area, the officer or official assigned to 
lead the review shall have a deputy from a different military 
department.’’. 
(d) DEFINITIONS.—Section 181 of such title is further amended 
by adding at the end the following new subsection: 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘joint military requirement’ means a capa-
bility necessary to fulfill a gap in a core mission area of the 
Department of Defense. 
‘‘(2) The term ‘core mission area’ means a core mission 
area of the Department of Defense identified under the most 
recent quadrennial roles and missions review pursuant to sec-
tion 118b of this title.’’. 
(e) CONSULTATION.—Section 2433(e)(2) of such title is amended 
by inserting ‘‘, after consultation with the Joint Requirements Over-
sight Council regarding program requirements,’’ after ‘‘Secretary 
of Defense’’ in the matter preceding subparagraph (A). 
(f) DEADLINES.—Effective June 1, 2009, all joint military 
requirements documents of the Joint Requirements Oversight 
Council produced to carry out its mission under section 181(b)(1) 
of title 10, United States Code, shall reference the core mission 
areas organized and defined under section 118b of such title. Not 
later than October 1, 2009, all such documents produced before 
June 1, 2009, shall reference such structure. 
SEC. 943. REQUIREMENT FOR CERTIFICATION OF MAJOR SYSTEMS 
PRIOR TO TECHNOLOGY DEVELOPMENT. 
(a) REQUIREMENT FOR CERTIFICATION.— 
(1) IN GENERAL.—Chapter 139 of title 10, United States 
Code, is amended by inserting after section 2366a the following 
new section: 
‘‘§ 2366b. Major defense acquisition programs: certification 
required before Milestone A or Key Decision 
Point A approval 
‘‘(a) CERTIFICATION.—A major defense acquisition program may 
not receive Milestone A approval, or Key Decision Point A approval 
in the case of a space program, until the Milestone Decision 
Authority certifies, after consultation with the Joint Requirements 
Oversight Council on matters related to program requirements and 
military needs— 
‘‘(1) that the system fulfills an approved initial capabilities 
document; 
‘‘(2) that the system is being executed by an entity with 
a relevant core competency as identified by the Secretary of 
Defense under section 118b of this title; 
‘‘(3) if the system duplicates a capability already provided 
by an existing system, the duplication provided by such system 
is necessary and appropriate; and 
‘‘(4) that a cost estimate for the system has been submitted 
and that the level of resources required to develop and procure 
the system is consistent with the priority level assigned by 
the Joint Requirements Oversight Council. 
Effective date. 
10 USC 181 note. 
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122 STAT. 289 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(b) NOTIFICATION.—With respect to a major system certified 
by the Milestone Decision Authority under subsection (a), if the 
projected cost of the system, at any time prior to Milestone B 
approval, exceeds the cost estimate for the system submitted at 
the time of the certification by at least 25 percent, the program 
manager for the system concerned shall notify the Milestone Deci-
sion Authority. The Milestone Decision Authority, in consultation 
with the Joint Requirements Oversight Council on matters related 
to program requirements and military needs, shall determine 
whether the level of resources required to develop and procure 
the system remains consistent with the priority level assigned by 
the Joint Requirements Oversight Council. The Milestone Decision 
Authority may withdraw the certification concerned or rescind Mile-
stone A approval (or Key Decision Point A approval in the case 
of a space program) if the Milestone Decision Authority determines 
that such action is in the interest of national defense. 
‘‘ (c)DEFINITIONS.—In this section: 
‘‘(1) The term ‘major system’ has the meaning provided 
in section 2302(5) of this title. 
‘‘(2) The term ‘initial capabilities document’ means any 
capabilities requirement document approved by the Joint 
Requirements Oversight Council that establishes the need for 
a materiel approach to resolve a capability gap. 
‘‘(3) The term ‘technology development program’ means a 
coordinated effort to assess technologies and refine user 
performance parameters to fulfill a capability gap identified 
in an initial capabilities document. 
‘‘(4) The term ‘entity’ means an entity listed in section 
125a(a) of this title. 
‘‘(5) The term ‘Milestone B approval’ has the meaning pro-
vided that term in section 2366(e)(7) of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by adding at the end 
the following new item: 
‘‘2366b. Major defense acquisition programs: certification required before Milestone 
A or Key Decision Point A approval.’’. 
(b) REVIEW OF DEPARTMENT OF DEFENSE ACQUISITION DIREC-
TIVES.—Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall review Department 
of Defense Directive 5000.1 and associated guidance, and the 
manner in which such directive and guidance have been imple-
mented, and take appropriate steps to ensure that the Department 
does not commence a technology development program for a major 
weapon system without Milestone A approval (or Key Decision 
Point A approval in the case of a space program). 
(c) EFFECTIVE DATE.—Section 2366b of title 10, United States 
Code, as added by subsection (a), shall apply to major systems 
on and after March 1, 2008. 
SEC. 944. PRESENTATION OF FUTURE-YEARS MISSION BUDGET BY 
CORE MISSION AREA. 
(a) TIME OF SUBMISSION OF FUTURE-YEARS MISSION BUDGET.— 
The second sentence of section 222(a) of title 10, United States 
Code, is amended to read as follows: ‘‘That budget shall be sub-
mitted for any fiscal year with the future-years defense program 
submitted under section 221 of this title.’’. 
Applicability. 
10 USC 2366b 
note. 
10 USC 2366b 
note. 
Deadline. 
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122 STAT. 290 
PUBLIC LAW 110–181—JAN. 28, 2008 
(b) ORGANIZATION OF FUTURE-YEARS MISSION BUDGET.—The 
second sentence of section 222(b) of such title is amended by striking 
‘‘on the basis’’ and all that follows through the end of the sentence 
and inserting the following: ‘‘on the basis of both major force pro-
grams and the core mission areas identified under the most recent 
quadrennial roles and missions review pursuant to section 118b 
of this title.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to the future-years mission budget for 
fiscal year 2010 and each fiscal year thereafter. 
Subtitle F—Other Matters 
SEC. 951. DEPARTMENT OF DEFENSE CONSIDERATION OF EFFECT OF 
CLIMATE 
CHANGE 
ON 
DEPARTMENT 
FACILITIES, 
CAPABILITIES, AND MISSIONS. 
(a) CONSIDERATION OF CLIMATE CHANGE EFFECT.—Section 118 
of title 10, United States Code, is amended by adding at the end 
the following new subsection: 
‘‘(g) CONSIDERATION
OF
EFFECT
OF
CLIMATE
CHANGE
ON 
DEPARTMENT FACILITIES, CAPABILITIES, AND MISSIONS.—(1) The 
first national security strategy and national defense strategy pre-
pared after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2008 shall include guidance for 
military planners— 
‘‘(A) to assess the risks of projected climate change to 
current and future missions of the armed forces; 
‘‘(B) to update defense plans based on these assessments, 
including working with allies and partners to incorporate cli-
mate mitigation strategies, capacity building, and relevant 
research and development; and 
‘‘(C) to develop the capabilities needed to reduce future 
impacts. 
‘‘(2) The first quadrennial defense review prepared after the 
date of the enactment of the National Defense Authorization Act 
for Fiscal Year 2008 shall also examine the capabilities of the 
armed forces to respond to the consequences of climate change, 
in particular, preparedness for natural disasters from extreme 
weather events and other missions the armed forces may be asked 
to support inside the United States and overseas. 
‘‘(3) For planning purposes to comply with the requirements 
of this subsection, the Secretary of Defense shall use— 
‘‘(A) the mid-range projections of the fourth assessment 
report of the Intergovernmental Panel on Climate Change; 
‘‘(B) subsequent mid-range consensus climate projections 
if more recent information is available when the next national 
security strategy, national defense strategy, or quadrennial 
defense review, as the case may be, is conducted; and 
‘‘(C) findings of appropriate and available estimations or 
studies of the anticipated strategic, social, political, and eco-
nomic effects of global climate change and the implications 
of such effects on the national security of the United States. 
‘‘(4) In this subsection, the term ‘national security strategy’ 
means the annual national security strategy report of the President 
under section 108 of the National Security Act of 1947 (50 U.S.C. 
404a).’’. 
Applicability. 
10 USC 222 note. 
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122 STAT. 291 
PUBLIC LAW 110–181—JAN. 28, 2008 
(b) IMPLEMENTATION.—The Secretary of Defense shall ensure 
that subsection (g) of section 118 of title 10, United States Code, 
as added by subsection (a), is implemented in a manner that does 
not have a negative impact on the national security of the United 
States. 
SEC. 952. INTERAGENCY POLICY COORDINATION. 
(a) PLAN REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall develop 
and submit to Congress a plan to improve and reform the Depart-
ment of Defense’s participation in and contribution to the inter-
agency coordination process on national security issues. 
(b) ELEMENTS.—The elements of the plan shall include the 
following: 
(1) Assigning either the Under Secretary of Defense for 
Policy or another official to be the lead policy official for 
improving and reforming the interagency coordination process 
on national security issues for the Department of Defense, 
with an explanation of any decision to name an official other 
than the Under Secretary and the relative advantages and 
disadvantages of such decision. 
(2) Giving the official assigned under paragraph (1) the 
following responsibilities: 
(A) To be the lead person at the Department of Defense 
for the development of policy affecting the national security 
interagency process. 
(B) To serve, or designate a person to serve, as the 
representative of the Department of Defense in Federal 
Government forums established to address interagency 
policy, planning, or reforms. 
(C) To advocate, on behalf of the Secretary, for greater 
interagency coordination and contributions in the execution 
of the National Security Strategy and particularly specific 
operational 
objectives 
undertaken 
pursuant 
to 
that 
strategy. 
(D) To make recommendations to the Secretary of 
Defense on changes to existing Department of Defense 
regulations or laws to improve the interagency process. 
(E) To serve as the coordinator for all planning and 
training assistance that is— 
(i) designed to improve the interagency process 
or the capabilities of other agencies to work with the 
Department of Defense; and 
(ii) provided by the Department of Defense at the 
request of other agencies. 
(F) To serve as the lead official in Department of 
Defense for the development of deployable joint interagency 
task forces. 
(c) FACTORS TO BE CONSIDERED.—In drafting the plan, the 
Secretary of Defense shall also consider the following factors: 
(1) How the official assigned under subsection (b)(1) shall 
provide input to the Secretary of Defense on an ongoing basis 
on how to incorporate the need to coordinate with other agencies 
into the establishment and reform of combatant commands. 
(2) How such official shall develop and make recommenda-
tions to the Secretary of Defense on a regular or an ongoing 
Deadline. 
10 USC 111 note. 
10 USC 118 note. 
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122 STAT. 292 
PUBLIC LAW 110–181—JAN. 28, 2008 
basis on changes to military and civilian personnel to improve 
interagency coordination. 
(3) How such official shall work with the combatant com-
mand that has the mission for joint warfighting experimen-
tation and other interested agencies to develop exercises to 
test and validate interagency planning and capabilities. 
(4) How such official shall lead, coordinate, or participate 
in after-action reviews of operations, tests, and exercises to 
capture lessons learned regarding the functioning of the inter-
agency process and how those lessons learned will be dissemi-
nated. 
(5) The role of such official in ensuring that future defense 
planning guidance takes into account the capabilities and needs 
of other agencies. 
(d) RECOMMENDATION
ON CHANGES
IN LAW.—The Secretary 
of Defense may submit with the plan or with any future budget 
submissions recommendations for any changes to law that are 
required to enhance the ability of the official assigned under sub-
section (b)(1) in the Department of Defense to coordinate defense 
interagency efforts or to improve the ability of the Department 
of Defense to work with other agencies. 
(e) ANNUAL REPORT.—If an official is named by the Secretary 
of Defense under subsection (b)(1), the official shall annually submit 
to Congress a report, beginning in the fiscal year following the 
naming of the official, on those actions taken by the Department 
of Defense to enhance national security interagency coordination, 
the views of the Department of Defense on efforts and challenges 
in improving the ability of agencies to work together, and sugges-
tions on changes needed to laws or regulations that would enhance 
the coordination of efforts of agencies. 
(f) DEFINITION.—In this section, the term ‘‘interagency coordina-
tion’’, within the context of Department of Defense involvement, 
means the coordination that occurs between elements of the Depart-
ment of Defense and engaged Federal Government agencies for 
the purpose of achieving an objective. 
(g) CONSTRUCTION.—Nothing in this provision shall be con-
strued as preventing the Secretary of Defense from naming an 
official with the responsibilities listed in subsection (b) before the 
submission of the report required under this section. 
SEC. 953. EXPANSION OF EMPLOYMENT CREDITABLE UNDER SERVICE 
AGREEMENTS UNDER NATIONAL SECURITY EDUCATION 
PROGRAM. 
Paragraph (2) of subsection (b) of section 802 of the David 
L. Boren National Security Education Act of 1991 (50 U.S.C. 1902), 
as most recently amended by section 945 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109–364; 120 Stat. 2367), is amended— 
(1) in subparagraph (A)— 
(A) in clause (i) by striking ‘‘or’’ at the end; and 
(B) by adding at the end the following: 
‘‘(iii) for not less than one academic year in a 
position in the field of education in a discipline related 
to the study supported by the program if the recipient 
demonstrates to the Secretary of Defense that no posi-
tion is available in the departments, agencies, and 
offices covered by clauses (i) and (ii); or’’; and 
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122 STAT. 293 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) in subparagraph (B)— 
(A) in clause (i) by striking ‘‘or’’ at the end; 
(B) in clause (ii) by striking ‘‘and’’ at the end and 
inserting ‘‘or’’; and 
(C) by adding at the end the following: 
‘‘(iii) for not less than one academic year in a 
position in the field of education in a discipline related 
to the study supported by the program if the recipient 
demonstrates to the Secretary of Defense that no posi-
tion is available in the departments, agencies, and 
offices covered by clauses (i) and (ii); and’’. 
SEC. 954. BOARD OF REGENTS FOR THE UNIFORMED SERVICES 
UNIVERSITY OF THE HEALTH SCIENCES. 
(a) REORGANIZATION AND AMENDMENT OF BOARD OF REGENTS 
PROVISIONS.— 
(1) IN GENERAL.—Chapter 104 of title 10, United States 
Code, is amended by inserting after section 2113 the following 
new section: 
‘‘§ 2113a. Board of Regents 
‘‘(a) IN GENERAL.—To assist the Secretary of Defense in an 
advisory capacity, there is a Board of Regents of the University. 
‘‘(b) MEMBERSHIP.—The Board shall consist of— 
‘‘(1) nine persons outstanding in the fields of health and 
health education who shall be appointed from civilian life by 
the Secretary of Defense; 
‘‘(2) the Secretary of Defense, or his designee, who shall 
be an ex officio member; 
‘‘(3) the surgeons general of the uniformed services, who 
shall be ex officio members; and 
‘‘(4) the President of the University, who shall be a non-
voting ex officio member. 
‘‘(c) TERM OF OFFICE.—The term of office of each member of 
the Board (other than ex officio members) shall be six years except 
that— 
‘‘(1) any member appointed to fill a vacancy occurring before 
the expiration of the term for which his predecessor was 
appointed shall be appointed for the remainder of such term; 
and 
‘‘(2) any member whose term of office has expired shall 
continue to serve until his successor is appointed. 
‘‘(d) CHAIRMAN.—One of the members of the Board (other than 
an ex officio member) shall be designated by the Secretary as 
Chairman. He shall be the presiding officer of the Board. 
‘‘(e) COMPENSATION.—Members of the Board (other than ex 
officio members) while attending conferences or meetings or while 
otherwise performing their duties as members shall be entitled 
to receive compensation at a rate to be fixed by the Secretary 
and shall also be entitled to receive an allowance for necessary 
travel expenses while so serving away from their place of residence. 
‘‘(f) MEETINGS.—The Board shall meet at least once a quarter.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by adding at the end 
the following new item: 
‘‘2113a. Board of Regents.’’. 
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122 STAT. 294 
PUBLIC LAW 110–181—JAN. 28, 2008 
(3) CONFORMING AMENDMENTS.— 
(A) Section 2113 of title 10, United States Code, is 
amended— 
(i) in subsection (a), by striking ‘‘To assist’’ and 
all that follows through the end of paragraph (4); 
(ii) by striking subsections (b), (c), and (e); 
(iii) by redesignating subsections (d), (f), (g), (h), 
(i), and (j) as subsections (b), (c), (d), (e), (f), and (g), 
respectively; and 
(iv) in subsection (b), as so redesignated, by 
striking ‘‘who shall also serve as a nonvoting ex officio 
member of the Board’’. 
(B) Section 2114(h) of such title is amended by striking 
‘‘2113(h)’’ and inserting ‘‘2113(e)’’. 
(b) STATUTORY REDESIGNATION OF DEAN AS PRESIDENT.— 
(1) Subsection 2113 of such title is further amended by 
striking ‘‘Dean’’ each place it appears in subsections (b) and 
(c)(1), as redesignated by subsection (a)(3), and inserting ‘‘Presi-
dent’’. 
(2) Section 2114(e) of such title is amended by striking 
‘‘Dean’’ each place it appears in paragraphs (3) and (5). 
SEC. 955. ESTABLISHMENT OF DEPARTMENT OF DEFENSE SCHOOL 
OF NURSING. 
(a) ESTABLISHMENT PLAN REQUIRED.—Not later than February 
1, 2008, the Secretary of Defense shall submit to the congressional 
defense committees a plan to establish a School of Nursing within 
the Uniformed Services University of the Health Sciences. The 
Secretary shall develop the plan in consultation with the Board 
of Regents of the Uniformed Services University of the Health 
Sciences and submit the plan to the Board of Regents for review 
and to solicit the Board’s recommendations. 
(b) PROGRAMS OF INSTRUCTION.—In consultation with the Secre-
taries of the military departments, the Secretary of Defense shall 
include in the plan required by subsection (a) programs of instruc-
tion for the School of Nursing that would lead to the award of 
a bachelor of science in nursing and such other baccalaureate or 
graduate degrees in nursing as the Secretary considers appropriate. 
The plan shall also address the enrollment as students of enlisted 
members and officers of the Armed Forces and civilians for the 
purpose of commissioning them as military nursing officers upon 
graduation. The graduates of such a program of instruction shall 
be fully eligible to meet credentialing and licensing requirements 
of the military departments and at least one State in their program 
of study. 
(c) CONSIDERATION OF CERTAIN PROGRAMS.—In developing the 
plan under subsection (a), the Secretary shall consider the inclusion 
of the following types of programs: 
(1) A program to enroll students who already possess an 
associate degree in nursing so that they can earn a bachelor 
of science in nursing. 
(2) A program to enroll students who already possess other 
associate degrees so that they can earn a bachelor of science 
in nursing. 
(3) A program to enroll students who already possess an 
associate degree in nursing so that they can earn a master 
of science in nursing. 
Deadline. 
10 USC 2117 
note. 
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122 STAT. 295 
PUBLIC LAW 110–181—JAN. 28, 2008 
(4) A program to enroll students who already possess a 
bachelor of science in nursing so that they can earn a master 
of science in nursing. 
(d) OTHER CONSIDERATIONS.—The plan required by subsection 
(a) shall also include the following: 
(1) The results of a study of the nursing shortage in the 
Department of Defense and the reasons for such shortages. 
(2) Details of the curriculum and degree requirements for 
each category of students at the School of Nursing, if estab-
lished. 
(3) An analysis of the contributions to overall medical readi-
ness that will be made by the School of Nursing. 
(4) Proposals for the development of the School of Nursing 
to be phased in over a period of time. 
(5) Faculty requirements based on degree requirements 
and numbers of projected students, to include the source and 
number of faculty required. 
(6) Projected number of graduates per year for each of 
the first 15 years of operation. 
(7) Predicted accession sources, military career paths, and 
service commitments and retention rates of School of Nursing 
graduates, to include the retention of enlisted personnel 
accessed into the school. 
(8) Administrative and instructional facilities required, and 
the likely initial and final location of clinical training institu-
tions. 
(9) Plan for accreditation by a nationally recognized nursing 
school accrediting body. 
(10) Projected faculty, administration, instruction, and 
facilities costs for the School of Nursing beginning in fiscal 
year 2009 and continuing through fiscal year 2024, including 
the cost analysis of developing the School of Nursing and the 
cost of additional administrative support for the Uniformed 
Services University of the Health Sciences on account of the 
establishment of the school. 
(e) EFFECT
ON
CURRENT
PROGRAMS.—Notwithstanding the 
development of the plan under subsection (a), the Secretary shall 
ensure that graduate degree programs in nursing, including 
advanced practice nursing, continue. 
(f) EFFECT ON OTHER RECRUITMENT EFFORTS.—Nothing in this 
section shall be construed as limiting or terminating any current 
or future program related to the recruitment, accession, training, 
or retention of military nurses. 
(g) ESTABLISHMENT AUTHORITY.— 
(1) ESTABLISHMENT.—Chapter 104 of title 10, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 2117. School of Nursing 
‘‘(a) ESTABLISHMENT AUTHORIZED.—The Secretary of Defense 
may establish a School of Nursing within the University. The School 
of Nursing may include a program that awards a bachelor of science 
in nursing. 
‘‘(b) PHASED DEVELOPMENT.—The School of Nursing may be 
developed in phases as determined appropriate by the Secretary.’’. 
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122 STAT. 296 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by adding at the end 
the following new item: 
‘‘2117. School of Nursing.’’. 
SEC. 956. INCLUSION OF COMMANDERS OF WESTERN HEMISPHERE 
COMBATANT COMMANDS IN BOARD OF VISITORS OF 
WESTERN 
HEMISPHERE 
INSTITUTE 
FOR 
SECURITY 
COOPERATION. 
Subparagraph (F) of section 2166(e)(1) of title 10, United States 
Code, is amended to read as follows: 
‘‘(F) The commanders of the combatant commands having 
geographic responsibility for the Western Hemisphere, or the 
designees of those officers.’’. 
SEC. 957. COMPTROLLER GENERAL ASSESSMENT OF REORGANIZATION 
OF THE OFFICE OF THE UNDER SECRETARY OF DEFENSE 
FOR POLICY. 
(a) ASSESSMENT REQUIRED.—Not later than June 1, 2008, the 
Comptroller General of the United States shall submit to the 
congressional defense committees a report containing an assessment 
of the most recent reorganization of the office of the Under Secretary 
of Defense for Policy, including an assessment with respect to 
the matters set forth in subsection (b). 
(b) MATTERS TO BE ASSESSED.—The matters to be included 
in the assessment required by subsection (a) are as follows: 
(1) The manner in which the reorganization of the office 
furthers, or will further, its stated purposes in the short-term 
and long-term, including the manner in which the reorganiza-
tion enhances, or will enhance, the ability of the Department 
of Defense— 
(A) to address current security priorities, including 
on-going military operations in Iraq, Afghanistan, and else-
where; 
(B) to manage geopolitical defense relationships; and 
(C) to anticipate future strategic shifts in those rela-
tionships. 
(2) The manner in which and the extent to which the 
reorganization adheres to generally accepted principles of effec-
tive organization, such as establishing clear goals, identifying 
clear lines of authority and accountability, and developing an 
effective human capital strategy. 
(3) The extent to which the Department has developed 
detailed implementation plans for the reorganization, and the 
current status of the implementation of all aspects of the reorga-
nization. 
(4) The extent to which the Department has worked to 
mitigate congressional concerns and address other challenges 
that have arisen since the reorganization was announced. 
(5) The manner in which the Department plans to evaluate 
progress in achieving the stated goals of the reorganization 
and what measurements, if any, the Department has estab-
lished to assess the results of the reorganization. 
(6) The impact of the large increase in responsibilities 
for the Assistant Secretary of Defense for Special Operations 
and Low Intensity Conflict and Interdependent Capabilities 
Deadline. 
Reports. 
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122 STAT. 297 
PUBLIC LAW 110–181—JAN. 28, 2008 
under the reorganization on the ability of the Assistant Sec-
retary to carry out the principal duties of the Assistant Sec-
retary under law. 
(7) The possible decrease in attention given to special oper-
ations issues resulting from the increase in responsibilities 
for the Assistant Secretary of Defense for Special Operations 
and Low Intensity Conflict and Interdependent Capabilities, 
including responsibility under the reorganization for each of 
the following: 
(A) Strategic capabilities. 
(B) Forces transformation. 
(C) Major budget programs. 
(8) The possible diffusion of attention from counter-
narcotics, 
counterproliferation, 
and 
global 
threat 
issues 
resulting from the merging of those responsibilities under a 
single Deputy Assistant Secretary of Defense for Counter-
narcotics, Counterproliferation, and Global Threats. 
(9) The impact of the reorganization on counternarcotics 
program execution. 
(10) The unique placement under the reorganization of 
both functional and regional issue responsibilities under the 
Assistant Secretary of Defense for Homeland Defense and 
Americas’ Security Affairs. 
(11) The differentiation between the responsibilities of the 
Deputy Assistant Secretary of Defense for Partnership Strategy 
and the Deputy Assistant Secretary of Defense for Coalition 
Affairs and the relationship between such officials. 
SEC. 958. REPORT ON FOREIGN LANGUAGE PROFICIENCY. 
(a) IN GENERAL.—Not later than 240 days after the date of 
the enactment of this Act, and annually thereafter until the date 
referred to in subsection (d), the Secretary of Defense, in conjunction 
with the Secretary of each military department, shall submit to 
the congressional defense committees a report on the foreign lan-
guage proficiency of the personnel of the Department of Defense. 
(b) CONTENTS.—Each report submitted under subsection (a) 
shall include— 
(1) the number of positions, identified by each foreign lan-
guage and dialect, for each military department and Defense 
Agency concerned that— 
(A) require proficiency in that foreign language or dia-
lect for the year in which the submission of the report 
is required; 
(B) are anticipated to require proficiency in that foreign 
language or dialect for each of the five years following 
the date of the submission of the report; and 
(C) are authorized in the future-years defense plan 
to be maintained for proficiency in a foreign language or 
dialect; 
(2) the number of personnel for each military department 
and Defense Agency, identified by each foreign language and 
dialect, that are serving in a position that requires proficiency 
in the foreign language or dialect— 
(A) to perform the primary duty of the position; and 
(B) that meet the required level of proficiency of the 
Interagency Language Roundtable; 
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122 STAT. 298 
PUBLIC LAW 110–181—JAN. 28, 2008 
(3) the number of personnel for each military department 
and Defense Agency, identified by each foreign language and 
dialect, that are recruited or hired as accessions to serve in 
a position that requires proficiency in the foreign language 
or dialect; 
(4) the number of personnel for each military department 
and Defense Agency, identified by each foreign language and 
dialect, that served in a position that requires proficiency in 
the foreign language or dialect and discontinued service during 
the preceding calendar year; 
(5) the number of positions that require proficiency in 
a foreign language or dialect that are fulfilled by contractors; 
(6) the percentage of work requiring linguistic skills that 
is fulfilled by personnel of the intelligence community (as 
defined in section 3(4) of the National Security Act of 1947 
(50 U.S.C. 401a(4))); and 
(7) an assessment of the foreign language capacity and 
capabilities of each military department and Defense Agency 
and of the Department of Defense as a whole. 
(c) NON-MILITARY PERSONNEL.—Except as provided in para-
graphs (6) and (7) of subsection (b), a report submitted under 
subsection (a) shall cover only members of the Armed Forces on 
active duty and reserve duty assigned to the military departments 
concerned or to the Department of Defense. 
(d) TERMINATION
OF REQUIREMENT.—The duty to submit a 
report under subsection (a) shall terminate on December 31, 2013. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. United States contribution to NATO common-funded budgets in fiscal 
year 2008. 
Sec. 1003. Authorization of additional emergency supplemental appropriations for 
fiscal year 2007. 
Sec. 1004. Modification of fiscal year 2007 general transfer authority. 
Sec. 1005. Financial management transformation initiative for the Defense Agen-
cies. 
Sec. 1006. Repeal of requirement for two-year budget cycle for the Department of 
Defense. 
Subtitle B—Policy Relating to Vessels and Shipyards 
Sec. 1011. Limitation on leasing of vessels. 
Sec. 1012. Policy relating to major combatant vessels of the strike forces of the 
United States Navy. 
Subtitle C—Counter-Drug Activities 
Sec. 1021. Extension of authority for joint task forces to provide support to law en-
forcement agencies conducting counter-terrorism activities. 
Sec. 1022. Expansion of authority to provide additional support for counter-drug ac-
tivities in certain foreign countries. 
Sec. 1023. Report on counternarcotics assistance for the Government of Haiti. 
Subtitle D—Miscellaneous Authorities and Limitations 
Sec. 1031. Provision of Air Force support and services to foreign military and state 
aircraft. 
Sec. 1032. Department of Defense participation in Strategic Airlift Capability Part-
nership. 
Sec. 1033. Improved authority to provide rewards for assistance in combating ter-
rorism. 
Sec. 1034. Support for non-Federal development and testing of material for chem-
ical agent defense. 
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122 STAT. 299 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 1035. Prohibition on sale of F–14 fighter aircraft and related parts. 
Subtitle E—Reports 
Sec. 1041. Extension and modification of report relating to hardened and deeply 
buried targets. 
Sec. 1042. Report on joint modeling and simulation activities. 
Sec. 1043. Renewal of submittal of plans for prompt global strike capability. 
Sec. 1044. Report on workforce required to support the nuclear missions of the 
Navy and the Department of Energy. 
Sec. 1045. Comptroller General report on Defense Finance and Accounting Service 
response to Butterbaugh v. Department of Justice. 
Sec. 1046. Study on size and mix of airlift force. 
Sec. 1047. Report on feasibility of establishing a domestic military aviation national 
training center. 
Sec. 1048. Limited field user evaluations for combat helmet pad suspension sys-
tems. 
Sec. 1049. Study on national security interagency system. 
Sec. 1050. Report on solid rocket motor industrial base. 
Sec. 1051. Reports on establishment of a memorial for members of the Armed 
Forces who died in the air crash in Bakers Creek, Australia, and estab-
lishment of other memorials in Arlington National Cemetery. 
Subtitle F—Other Matters 
Sec. 1061. Reimbursement for National Guard support provided to Federal agen-
cies. 
Sec. 1062. Congressional Commission on the Strategic Posture of the United 
States. 
Sec. 1063. Technical and clerical amendments. 
Sec. 1064. Repeal of certification requirement. 
Sec. 1065. Maintenance of capability for space-based nuclear detection. 
Sec. 1066. Sense of Congress regarding detainees at Naval Station, Guantanamo 
Bay, Cuba. 
Sec. 1067. A report on transferring individuals detained at Naval Station, Guanta-
namo Bay, Cuba. 
Sec. 1068. Repeal of provisions in section 1076 of Public Law 109–364 relating to 
use of Armed Forces in major public emergencies. 
Sec. 1069. Standards required for entry to military installations in United States. 
Sec. 1070. Revised nuclear posture review. 
Sec. 1071. Termination of Commission on the Implementation of the New Strategic 
Posture of the United States. 
Sec. 1072. Security clearances; limitations. 
Sec. 1073. Improvements in the process for the issuance of security clearances. 
Sec. 1074. Protection of certain individuals. 
Sec. 1075. Modification of authorities on Commission to Assess the Threat to the 
United States from Electromagnetic Pulse Attack. 
Sec. 1076. Sense of Congress on Small Business Innovation Research Program. 
Sec. 1077. Revision of proficiency flying definition. 
Sec. 1078. Qualifications for public aircraft status of aircraft under contract with 
the Armed Forces. 
Sec. 1079. Communications with the Committees on Armed Services of the Senate 
and the House of Representatives. 
Sec. 1080. Retention of reimbursement for provision of reciprocal fire protection 
services. 
Sec. 1081. Pilot program on commercial fee-for-service air refueling support for the 
Air Force. 
Sec. 1082. Advisory panel on Department of Defense capabilities for support of civil 
authorities after certain incidents. 
Sec. 1083. Terrorism exception to immunity. 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the Secretary of 
Defense that such action is necessary in the national interest, 
the Secretary may transfer amounts of authorizations made 
available to the Department of Defense in this division for 
fiscal year 2008 between any such authorizations for that fiscal 
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122 STAT. 300 
PUBLIC LAW 110–181—JAN. 28, 2008 
year (or any subdivisions thereof). Amounts of authorizations 
so transferred shall be merged with and be available for the 
same purposes as the authorization to which transferred. 
(2) LIMITATION.—Except as provided in paragraph (3), the 
total amount of authorizations that the Secretary may transfer 
under 
the 
authority 
of 
this 
section 
may 
not 
exceed 
$5,000,000,000. 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN
MILITARY
PER-
SONNEL AUTHORIZATIONS.—A transfer of funds between military 
personnel authorizations under title IV shall not be counted 
toward the dollar limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by this section to 
transfer authorizations— 
(1) may only be used to provide authority for items that 
have a higher priority than the items from which authority 
is transferred; and 
(2) may not be used to provide authority for an item that 
has been denied authorization by Congress. 
(c) EFFECT
ON AUTHORIZATION AMOUNTS.—A transfer made 
from one account to another under the authority of this section 
shall be deemed to increase the amount authorized for the account 
to which the amount is transferred by an amount equal to the 
amount transferred. 
(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 
Congress of each transfer made under subsection (a). 
SEC. 1002. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED 
BUDGETS IN FISCAL YEAR 2008. 
(a) FISCAL YEAR 2008 LIMITATION.—The total amount contrib-
uted by the Secretary of Defense in fiscal year 2008 for the common- 
funded budgets of NATO may be any amount up to, but not in 
excess of, the amount specified in subsection (b) (rather than the 
maximum amount that would otherwise be applicable to those 
contributions under the fiscal year 1998 baseline limitation). 
(b) TOTAL AMOUNT.—The amount of the limitation applicable 
under subsection (a) is the sum of the following: 
(1) The amounts of unexpended balances, as of the end 
of fiscal year 2007, of funds appropriated for fiscal years before 
fiscal year 2008 for payments for those budgets. 
(2) The amount specified in subsection (c)(1). 
(3) The amount specified in subsection (c)(2). 
(4) The total amount of the contributions authorized to 
be made under section 2501. 
(c) AUTHORIZED AMOUNTS.—Amounts authorized to be appro-
priated by titles II and III of this Act are available for contributions 
for the common-funded budgets of NATO as follows: 
(1) Of the amount provided in section 201(1), $1,031,000 
for the Civil Budget. 
(2) Of the amount provided in section 301(1), $362,159,000 
for the Military Budget. 
(d) DEFINITIONS.—For purposes of this section: 
(1) 
COMMON-FUNDED
BUDGETS
OF
NATO.—The 
term 
‘‘common-funded budgets of NATO’’ means the Military Budget, 
the Security Investment Program, and the Civil Budget of 
the North Atlantic Treaty Organization (and any successor 
or additional account or program of NATO). 
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122 STAT. 301 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) FISCAL
YEAR
1998
BASELINE
LIMITATION.—The term 
‘‘fiscal year 1998 baseline limitation’’ means the maximum 
annual amount of Department of Defense contributions for 
common-funded budgets of NATO that is set forth as the annual 
limitation in section 3(2)(C)(ii) of the resolution of the Senate 
giving the advice and consent of the Senate to the ratification 
of the Protocols to the North Atlantic Treaty of 1949 on the 
Accession of Poland, Hungary, and the Czech Republic (as 
defined in section 4(7) of that resolution), approved by the 
Senate on April 30, 1998. 
SEC. 1003. AUTHORIZATION OF ADDITIONAL EMERGENCY SUPPLE-
MENTAL APPROPRIATIONS FOR FISCAL YEAR 2007. 
Amounts authorized to be appropriated to the Department of 
Defense for fiscal year 2007 in the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364) are 
hereby adjusted, with respect to any such authorized amount, by 
the amount by which appropriations pursuant to such authorization 
are increased by a supplemental appropriation or by a transfer 
of funds, or decreased by a rescission, or any thereof, pursuant 
to the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, 
and Iraq Accountability Appropriations Act, 2007 (Public Law 110– 
28). 
SEC. 1004. MODIFICATION OF FISCAL YEAR 2007 GENERAL TRANSFER 
AUTHORITY. 
Section 1001(a) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 
Stat. 2371) is amended by adding at the end the following new 
paragraph: 
‘‘(3) EXCEPTION
FOR
CERTAIN
TRANSFERS.—The following 
transfers of funds shall be not be counted toward the limitation 
in paragraph (2) on the amount that may be transferred under 
this section: 
‘‘(A) The transfer of funds to the Iraq Security Forces 
Fund under reprogramming FY07–07–R PA. 
‘‘(B) The transfer of funds to the Joint Improvised 
Explosive Device Defeat Fund under reprogramming FY07– 
11 PA. 
‘‘(C) The transfer of funds back from the accounts 
referred to in subparagraphs (A) and (B) to restore the 
sources used in the reprogrammings referred to in such 
subparagraphs.’’. 
SEC. 1005. FINANCIAL MANAGEMENT TRANSFORMATION INITIATIVE 
FOR THE DEFENSE AGENCIES. 
(a) FINANCIAL MANAGEMENT TRANSFORMATION INITIATIVE.— 
(1) IN
GENERAL.—The Director of the Business Trans-
formation Agency of the Department of Defense shall carry 
out an initiative for financial management transformation in 
the Defense Agencies. The initiative shall be known as the 
‘‘Defense Agencies Initiative’’ (in this section referred to as 
the ‘‘Initiative’’). 
(2) SCOPE OF AUTHORITY.—In carrying out the Initiative, 
the Director of the Business Transformation Agency may 
require the heads of the Defense Agencies to carry out actions 
that are within the purpose and scope of the Initiative. 
(b) PURPOSES.—The purposes of Initiative shall be as follows: 
10 USC 2222 
note. 
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122 STAT. 302 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) To eliminate or replace financial management systems 
of the Defense Agencies that are duplicative, redundant, or 
fail to comply with the standards set forth in subsection (d). 
(2) To transform the budget, finance, and accounting oper-
ations of the Defense Agencies to enable the Defense Agencies 
to achieve accurate and reliable financial information needed 
to support financial accountability and effective and efficient 
management decisions. 
(c) REQUIRED ELEMENTS.—The Initiative shall include, to the 
maximum extent practicable— 
(1) the utilization of commercial, off-the-shelf technologies 
and web-based solutions; 
(2) a standardized technical environment and an open and 
accessible architecture; and 
(3) the implementation of common business processes, 
shared services, and common data structures. 
(d) STANDARDS.—In carrying out the Initiative, the Director 
of the Business Transformation Agency shall ensure that the Initia-
tive is consistent with— 
(1) the requirements of the Business Enterprise Architec-
ture and Transition Plan developed pursuant to section 2222 
of title 10, United States Code; 
(2) the Standard Financial Information Structure of the 
Department of Defense; 
(3) the Federal Financial Management Improvement Act 
of 1996 (and the amendments made by that Act); and 
(4) other applicable requirements of law and regulation. 
(e) SCOPE.—The Initiative shall be designed to provide, at a 
minimum, capabilities in the major process areas for both general 
fund and working capital fund operations of the Defense Agencies 
as follows: 
(1) Budget formulation. 
(2) Budget to report, including general ledger and trial 
balance. 
(3) Procure to pay, including commitments, obligations, 
and accounts payable. 
(4) Order to fulfill, including billing and accounts receiv-
able. 
(5) Cost accounting. 
(6) Acquire to retire (account management). 
(7) Time and attendance and employee entitlement. 
(8) Grants financial management. 
(f) CONSULTATION.—In carrying out subsections (d) and (e), 
the Director of the Business Transformation Agency shall consult 
with the Comptroller of the Department of Defense to ensure that 
any financial management systems developed for the Defense Agen-
cies, and any changes to the budget, finance, and accounting oper-
ations of the Defense Agencies, are consistent with the financial 
standards and requirements of the Department of Defense. 
(g) PROGRAM CONTROL.—In carrying out the Initiative, the 
Director of the Business Transformation Agency shall establish— 
(1) a board (to be known as the ‘‘Configuration Control 
Board’’) to manage scope and cost changes to the Initiative; 
and 
(2) a program management office (to be known as the 
‘‘Program Management Office’’) to control and enforce assump-
tions made in the acquisition plan, the cost estimate, and 
Establishment. 
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122 STAT. 303 
PUBLIC LAW 110–181—JAN. 28, 2008 
the system integration contract for the Initiative, as directed 
by the Configuration Control Board. 
(h) PLAN ON DEVELOPMENT AND IMPLEMENTATION OF INITIA-
TIVE.—Not later than six months after the date of the enactment 
of this Act, the Director of the Business Transformation Agency 
shall submit to the congressional defense committees a plan for 
the development and implementation of the Initiative. The plan 
shall provide for the implementation of an initial capability under 
the Initiative as follows: 
(1) In at least one Defense Agency by not later than eight 
months after the date of the enactment of this Act. 
(2) In not less than five Defense Agencies by not later 
than 18 months after the date of the enactment of this Act. 
SEC. 1006. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE 
FOR THE DEPARTMENT OF DEFENSE. 
Section 1405 of the Department of Defense Authorization Act, 
1986 (Public Law 99–145; 99 Stat. 744; 31 U.S.C. 1105 note) is 
repealed. 
Subtitle B—Policy Relating to Vessels and 
Shipyards 
SEC. 1011. LIMITATION ON LEASING OF VESSELS. 
Section 2401 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(h) The Secretary of a military department may make a con-
tract for the lease of a vessel or for the provision of a service 
through use by a contractor of a vessel, the term of which is 
for a period of greater than two years, but less than five years, 
only if— 
‘‘(1) the Secretary has notified the Committee on Armed 
Services and the Committee on Appropriations of the Senate 
and the Committee on Armed Services and the Committee 
on Appropriations of the House of Representatives of the pro-
posed contract and included in such notification— 
‘‘(A) a detailed description of the terms of the proposed 
contract and a justification for entering into the proposed 
contract rather than obtaining the capability provided for 
by the lease, charter, or services involved through purchase 
of the vessel; 
‘‘(B) a determination that entering into the proposed 
contract as a means of obtaining the vessel is the most 
cost-effective means of obtaining such vessel; and 
‘‘(C) a plan for meeting the requirement provided by 
the proposed contract upon completion of the term of the 
lease contract; and 
‘‘(2) a period of 30 days of continuous session of Congress 
has expired following the date on which notice was received 
by such committees.’’. 
SEC. 1012. POLICY RELATING TO MAJOR COMBATANT VESSELS OF 
THE STRIKE FORCES OF THE UNITED STATES NAVY. 
(a) INTEGRATED NUCLEAR POWER SYSTEMS.—It is the policy 
of the United States to construct the major combatant vessels 
Notification. 
Deadlines. 
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122 STAT. 304 
PUBLIC LAW 110–181—JAN. 28, 2008 
of the strike forces of the United States Navy, including all new 
classes of such vessels, with integrated nuclear power systems. 
(b) REQUIREMENT TO REQUEST NUCLEAR VESSELS.—If a request 
is submitted to Congress in the budget for a fiscal year for construc-
tion of a new class of major combatant vessel for the strike forces 
of the United States, the request shall be for such a vessel with 
an integrated nuclear power system, unless the Secretary of Defense 
submits with the request a notification to Congress that the inclu-
sion of an integrated nuclear power system in such vessel is not 
in the national interest. 
(c) DEFINITIONS.—In this section: 
(1) MAJOR COMBATANT VESSELS OF THE STRIKE FORCES OF 
THE UNITED STATES NAVY.—The term ‘‘major combatant vessels 
of the strike forces of the United States Navy’’ means the 
following: 
(A) Submarines. 
(B) Aircraft carriers. 
(C) Cruisers, battleships, or other large surface combat-
ants whose primary mission includes protection of carrier 
strike groups, expeditionary strike groups, and vessels com-
prising a sea base. 
(2) INTEGRATED
NUCLEAR
POWER
SYSTEM.—The term 
‘‘integrated nuclear power system’’ means a ship engineering 
system that uses a naval nuclear reactor as its energy source 
and generates sufficient electric energy to provide power to 
the ship’s electrical loads, including its combat systems and 
propulsion motors. 
(3) BUDGET.—The term ‘‘budget’’ means the budget that 
is submitted to Congress by the President under section 1105(a) 
of title 31, United States Code. 
Subtitle C—Counter-Drug Activities 
SEC. 1021. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO 
PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES 
CONDUCTING COUNTER-TERRORISM ACTIVITIES. 
Section 1022(b) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 371 note) is 
amended by striking ‘‘and 2007’’ and inserting ‘‘through 2008’’. 
SEC. 1022. EXPANSION OF AUTHORITY TO PROVIDE ADDITIONAL SUP-
PORT FOR COUNTER-DRUG ACTIVITIES IN CERTAIN FOR-
EIGN COUNTRIES. 
Subsection (b) of section 1033 of the National Defense 
Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 
Stat. 1881), as amended by section 1021(b) of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108–136, 117 
Stat. 1593) and section 1022(b) of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2382), is further amended by adding at the end 
the following new paragraphs: 
‘‘(17) The Government of Mexico. 
‘‘(18) The Government of the Dominican Republic.’’. 
Notification. 
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122 STAT. 305 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 1023. REPORT ON COUNTERNARCOTICS ASSISTANCE FOR THE 
GOVERNMENT OF HAITI. 
(a) REPORT REQUIRED.—Not later than 120 days after the date 
of the enactment of this Act, the President shall submit to Congress 
a report on counternarcotics assistance for the Government of Haiti. 
(b) MATTERS TO BE INCLUDED.—The report required by sub-
section (a) shall include the following: 
(1) A description and assessment of the counternarcotics 
assistance provided to the Government of Haiti by the Depart-
ment of Defense, the Department of State, the Department 
of Homeland Security, and the Department of Justice. 
(2) A description and assessment of any impediments to 
increasing counternarcotics assistance to the Government of 
Haiti. 
(3) An assessment of the potential for the provision of 
counternarcotics assistance for the Government of Haiti 
through the United Nations Stabilization Mission in Haiti. 
(c) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex. 
Subtitle D—Miscellaneous Authorities and 
Limitations 
SEC. 1031. PROVISION OF AIR FORCE SUPPORT AND SERVICES TO 
FOREIGN MILITARY AND STATE AIRCRAFT. 
(a) PROVISION OF SUPPORT AND SERVICES.— 
(1) IN GENERAL.—Section 9626 of title 10, United States 
Code, is amended to read as follows: 
‘‘§ 9626. Aircraft supplies and services: foreign military or 
other state aircraft 
‘‘(a) PROVISION OF SUPPLIES AND SERVICES ON REIMBURSABLE 
BASIS.—(1) The Secretary of the Air Force may, under such regula-
tions as the Secretary may prescribe and when in the best interests 
of the United States, provide any of the supplies or services 
described in paragraph (2) to military and other state aircraft 
of a foreign country, on a reimbursable basis without an advance 
of funds, if similar supplies and services are furnished on a like 
basis to military aircraft and other state aircraft of the United 
States by the foreign country concerned. 
‘‘(2) The supplies and services described in this paragraph 
are supplies and services as follows: 
‘‘(A) Routine airport services, including landing and takeoff 
assistance, servicing aircraft with fuel, use of runways, parking 
and servicing, and loading and unloading of baggage and cargo. 
‘‘(B) Miscellaneous supplies, including Air Force-owned fuel, 
provisions, spare parts, and general stores, but not including 
ammunition. 
‘‘(b) PROVISION
OF
ROUTINE
AIRPORT
SERVICES
ON
NON- 
REIMBURSABLE BASIS.—(1) Routine airport services may be provided 
under this section at no cost to a foreign country— 
‘‘(A) if such services are provided by Air Force personnel 
and equipment without direct cost to the Air Force; or 
President. 
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122 STAT. 306 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(B) if such services are provided under an agreement 
with the foreign country that provides for the reciprocal fur-
nishing by the foreign country of routine airport services, as 
defined in that agreement, to military and other state aircraft 
of the United States without reimbursement. 
‘‘(2) If routine airport services are provided under this section 
by a working-capital fund activity of the Air Force under section 
2208 of this title and such activity is not reimbursed directly for 
the costs incurred by the activity in providing such services by 
reason of paragraph (1)(B), the working-capital fund activity shall 
be reimbursed for such costs out of funds currently available to 
the Air Force for operation and maintenance.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 939 of such title is amended by striking 
the item relating to section 9626 and inserting the following 
new item: 
‘‘9626. Aircraft supplies and services: foreign military or other state aircraft.’’. 
(b) CONFORMING AMENDMENT.—Section 9629(3) of such title 
is amended by striking ‘‘for aircraft of a foreign military or air 
attache
´’’. 
SEC. 1032. DEPARTMENT OF DEFENSE PARTICIPATION IN STRATEGIC 
AIRLIFT CAPABILITY PARTNERSHIP. 
(a) AUTHORITY TO PARTICIPATE IN PARTNERSHIP.— 
(1) MEMORANDUM OF UNDERSTANDING.—The Secretary of 
Defense may enter into a multilateral memorandum of under-
standing authorizing the Strategic Airlift Capability Partner-
ship to conduct activities necessary to accomplish its purpose, 
including— 
(A) the acquisition, equipping, ownership, and oper-
ation of strategic airlift aircraft; and 
(B) the acquisition or transfer of airlift and airlift- 
related services and supplies among members of the Stra-
tegic Airlift Capability Partnership, or between the Part-
nership and non-member countries or international 
organizations, on a reimbursable basis or by replacement- 
in-kind or exchange of airlift or airlift-related services of 
an equal value. 
(2) PAYMENTS.—From funds available to the Department 
of Defense for such purpose, the Secretary of Defense may 
pay the United States equitable share of the recurring and 
non-recurring costs of the activities and operations of the Stra-
tegic Airlift Capability Partnership, including costs associated 
with procurement of aircraft components and spare parts, 
maintenance, facilities, and training, and the costs of claims. 
(b) AUTHORITIES UNDER PARTNERSHIP.—In carrying out the 
memorandum of understanding entered into under subsection (a), 
the Secretary of Defense may do the following: 
(1) Waive reimbursement of the United States for the cost 
of the following functions performed by Department of Defense 
personnel with respect to the Strategic Airlift Capability Part-
nership: 
(A) Auditing. 
(B) Quality assurance. 
(C) Inspection. 
(D) Contract administration. 
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122 STAT. 307 
PUBLIC LAW 110–181—JAN. 28, 2008 
(E) Acceptance testing. 
(F) Certification services. 
(G) Planning, programming, and management services. 
(2) Waive the imposition of any surcharge for administra-
tive services provided by the United States that would other-
wise be chargeable against the Strategic Airlift Capability Part-
nership. 
(3) Pay the salaries, travel, lodging, and subsistence 
expenses of Department of Defense personnel assigned for duty 
to the Strategic Airlift Capability Partnership without seeking 
reimbursement or cost-sharing for such expenses. 
(c) CREDITING
OF RECEIPTS.—Any amount received by the 
United States in carrying out the memorandum of understanding 
entered into under subsection (a) shall be credited, as elected by 
the Secretary of Defense, to the following: 
(1) The appropriation, fund, or account used in incurring 
the obligation for which such amount is received. 
(2) An appropriation, fund, or account currently providing 
funds for the purposes for which such obligation was made. 
(d) AUTHORITY TO TRANSFER AIRCRAFT.— 
(1) TRANSFER AUTHORITY.—The Secretary of Defense may 
transfer one strategic airlift aircraft to the Strategic Airlift 
Capability Partnership in accordance with the terms and condi-
tions of the memorandum of understanding entered into under 
subsection (a). 
(2) REPORT.—Not later than 30 days before the date on 
which the Secretary transfers a strategic airlift aircraft under 
paragraph (1), the Secretary shall submit to the congressional 
defense committees a report on the strategic airlift aircraft 
to be transferred, including the type of strategic airlift aircraft 
to be transferred and the tail registration or serial number 
of such aircraft. 
(e) STRATEGIC AIRLIFT CAPABILITY PARTNERSHIP DEFINED.—In 
this section the term ‘‘Strategic Airlift Capability Partnership’’ 
means the strategic airlift capability consortium established by 
the United States and other participating countries. 
SEC. 1033. IMPROVED AUTHORITY TO PROVIDE REWARDS FOR ASSIST-
ANCE IN COMBATING TERRORISM. 
(a) INCREASED AMOUNTS.—Section 127b of title 10, United 
States Code, is amended— 
(1) in subsection (b), by striking ‘‘$200,000’’ and inserting 
‘‘$5,000,000’’; 
(2) in subsection (c)(1)(B), by striking ‘‘$50,000’’ and 
inserting ‘‘$1,000,000’’; and 
(3) in subsection (d)(2), by striking ‘‘$100,000’’ and inserting 
‘‘$2,000,000’’. 
(b) INVOLVEMENT OF ALLIED FORCES.—Such section is further 
amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), by inserting 
after ‘‘United States Government personnel’’ the following: 
‘‘, or government personnel of allied forces participating 
in a combined operation with the armed forces,’’; 
(B) in paragraph (1), by inserting after ‘‘armed forces’’ 
the following: ‘‘, or of allied forces participating in a com-
bined operation with the armed forces,’’; and 
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122 STAT. 308 
PUBLIC LAW 110–181—JAN. 28, 2008 
(C) in paragraph (2), by inserting after ‘‘armed forces’’ 
the following: ‘‘, or of allied forces participating in a com-
bined operation with the armed forces’’; and 
(2) in subsection (c), by adding at the end the following: 
‘‘(3)(A) Subject to subparagraphs (B) and (C), an official who 
has authority delegated under paragraph (1) or (2) may use that 
authority, acting through government personnel of allied forces, 
to offer and make rewards. 
‘‘(B) The Secretary of Defense shall prescribe policies and proce-
dures for making rewards in the manner described in subparagraph 
(A), which shall include guidance for the accountability of funds 
used for making rewards in that manner. The policies and proce-
dures shall not take effect until 30 days after the date on which 
the Secretary submits the policies and procedures to the congres-
sional defense committees. Rewards may not be made in the manner 
described in subparagraph (A) except under policies and procedures 
that have taken effect. 
‘‘(C) Rewards may not be made in the manner described in 
subparagraph (A) after September 30, 2009. 
‘‘(D) Not later than April 1, 2008, the Secretary of Defense 
shall submit to the congressional defense committees a report on 
the implementation of this paragraph. The report shall identify 
each reward made in the manner described in subparagraph (A) 
and, for each such reward— 
‘‘(i) identify the type, amount, and recipient of the reward; 
‘‘(ii) explain the reason for making the reward; and 
‘‘(iii) assess the success of the reward in advancing the 
effort to combat terrorism.’’. 
(c) ANNUAL REPORT
TO INCLUDE SPECIFIC INFORMATION
ON 
ADDITIONAL AUTHORITY.—Section 127b of title 10, United States 
Code, is further amended in subsection (f)(2) by adding at the 
end the following new subparagraph: 
‘‘(D) Information on the implementation of paragraph (3) 
of subsection (c).’’. 
SEC. 1034. SUPPORT FOR NON-FEDERAL DEVELOPMENT AND TESTING 
OF MATERIAL FOR CHEMICAL AGENT DEFENSE. 
(a) AUTHORITY TO PROVIDE TOXIC CHEMICALS OR PRECURSORS.— 
(1) IN GENERAL.—The Secretary of Defense, in coordination 
with the heads of other elements of the Federal Government, 
may make available, to a State, a unit of local government, 
or a private entity incorporated in the United States, small 
quantities of a toxic chemical or precursor for the development 
or testing, in the United States, of material that is designed 
to be used for protective purposes. 
(2) TERMS
AND
CONDITIONS.—Any use of the authority 
under paragraph (1) shall be subject to such terms and condi-
tions as the Secretary considers appropriate. 
(b) PAYMENT OF COSTS AND DISPOSITION OF FUNDS.— 
(1) IN GENERAL.—The Secretary shall ensure, through the 
advance payment required by paragraph (2) and through any 
other payments that may be required, that a recipient of toxic 
chemicals or precursors under subsection (a) pays for all actual 
costs, including direct and indirect costs, associated with pro-
viding the toxic chemicals or precursors. 
(2) ADVANCE PAYMENT.—In carrying out paragraph (1), the 
Secretary shall require each recipient to make an advance 
Deadline. 
Reports. 
Procedures. 
Effective date. 
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122 STAT. 309 
PUBLIC LAW 110–181—JAN. 28, 2008 
payment in an amount that the Secretary determines will equal 
all such actual costs. 
(3) CREDITS.—A payment received under this subsection 
shall be credited to the account that was used to cover the 
costs for which the payment was provided. Amounts so credited 
shall be merged with amounts in that account, and shall be 
available for the same purposes, and subject to the same condi-
tions and limitations, as other amounts in that account. 
(c) CHEMICAL WEAPONS CONVENTION.—The Secretary shall 
ensure that toxic chemicals and precursors are made available 
under this section for uses and in quantities that comply with 
the Convention on the Prohibition of the Development, Production, 
Stockpiling and Use of Chemical Weapons and on Their Destruction, 
signed at Paris on January 13, 1993, and entered into force with 
respect to the United States on April 29, 1997. 
(d) REPORT.— 
(1) Not later than March 15, 2008, and each year thereafter, 
the Secretary shall submit to Congress a report on the use 
of the authority under subsection (a) during the previous cal-
endar year. The report shall include a description of each 
use of the authority and specify what material was made avail-
able and to whom it was made available. 
(2) Each report under paragraph (1) shall be submitted 
in unclassified form, but may include a classified annex. 
(e) DEFINITIONS.—In this section, the terms ‘‘precursor’’, ‘‘protec-
tive purposes’’, and ‘‘toxic chemical’’ have the meanings given those 
terms in the convention referred to in subsection (c), in paragraph 
2, paragraph 9(b), and paragraph 1, respectively, of article II of 
that convention. 
SEC. 1035. PROHIBITION ON SALE OF F–14 FIGHTER AIRCRAFT AND 
RELATED PARTS. 
(a) PROHIBITION ON SALE BY DEPARTMENT OF DEFENSE.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Department of Defense may not sell (whether directly or 
indirectly) any F–14 fighter aircraft, any parts unique to the 
F–14 fighter aircraft, or any tooling or dies used in the manufac-
ture of such aircraft or parts, whether such sales occur through 
the Defense Reutilization and Marketing Service or through 
another agency or element of the Department. 
(2) EXCEPTION.—Paragraph (1) shall not apply with respect 
to the sale of F–14 fighter aircraft or parts for F–14 fighter 
aircraft to a museum or similar organization located in the 
United States that is involved in the preservation of F–14 
fighter aircraft for historical purposes. 
(b) PROHIBITION ON EXPORT LICENSE.—No license for the export 
of any F-14 fighter aircraft, any parts unique to the F–14 fighter 
aircraft, or any tooling or dies used in the manufacture of such 
aircraft or parts may be issued by the United States Government 
to a non-United States person or entity. 
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122 STAT. 310 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle E—Reports 
SEC. 1041. EXTENSION AND MODIFICATION OF REPORT RELATING TO 
HARDENED AND DEEPLY BURIED TARGETS. 
Section 1032 of the Bob Stump National Defense Authorization 
Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2643; 
10 U.S.C. 2358 note) is amended— 
(1) in the heading, by striking ‘‘ANNUAL
REPORT
ON 
WEAPONS’’ and inserting ‘‘REPORT ON WEAPONS AND CAPABILI-
TIES’’; 
(2) in subsection (a)— 
(A) in the heading, by striking ‘‘ANNUAL’’; 
(B) by striking ‘‘April 1 of each year’’ and inserting 
‘‘March 1, 2009, and every two years thereafter,’’; 
(C) by striking ‘‘Director of Central Intelligence’’ and 
inserting ‘‘Director of National Intelligence’’; 
(D) by striking ‘‘the preceding fiscal year’’ and inserting 
‘‘the preceding two fiscal years and planned for the current 
fiscal year and the next fiscal year’’; and 
(E) by striking ‘‘to develop weapons’’ and inserting 
‘‘to develop weapons and capabilities’’; 
(3) in subsection (b)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘The report for a fiscal year’’ and inserting ‘‘A report sub-
mitted’’; 
(B) in paragraph (1), by striking ‘‘were undertaken 
during that fiscal year’’ and inserting ‘‘were or will be 
undertaken during the four-fiscal-year period covered by 
the report’’; and 
(C) in paragraph (2) in the matter preceding subpara-
graph (A), by striking ‘‘were undertaken during such fiscal 
year’’ and inserting ‘‘were or will be undertaken during 
the four-fiscal-year period covered by the report’’; and 
(4) in subsection (d), by striking ‘‘April 1, 2007’’ and 
inserting ‘‘March 1, 2013’’. 
SEC. 1042. REPORT ON JOINT MODELING AND SIMULATION ACTIVI-
TIES. 
(a) REPORT REQUIRED.—Not later than December 31, 2008, 
the Secretary of Defense shall submit to the congressional defense 
committees a report that describes current and planned joint mod-
eling and simulation activities within the Department of Defense. 
(b) MATTERS TO BE INCLUDED.—The report under subsection 
(a) shall include the following: 
(1) An identification and description of how joint modeling 
and simulation activities support the development of capabili-
ties to meet joint and service-unique military requirements 
and needs, in areas including but not limited to joint training, 
experimentation, systems acquisition, test and evaluation, 
assessment, and planning. 
(2) A description of how joint modeling and simulation 
activities are supportive of Department-level strategies and 
goals. 
(3) For each appropriate element of the Department of 
Defense and each appropriate combatant command— 
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122 STAT. 311 
PUBLIC LAW 110–181—JAN. 28, 2008 
(A) An identification of modeling and simulation 
capabilities; and 
(B) A description of plans and programs to continuously 
introduce new modeling and simulation technologies so 
as to enhance defense capabilities. 
(4) A description of incentives and plans to reduce or divest 
duplicative or outdated capabilities as necessary. 
(5) Plans or activities to allow non-defense users to access 
defense joint modeling and simulation activities, as appropriate. 
(6) Budget and resource estimates, including government 
and contractor personnel requirements, for planned joint mod-
eling and simulation activities. 
(7) A description of the relationship and coordination 
between and among joint modeling and simulation activities 
and the modeling and simulation activities of elements of the 
Department of Defense, Federal agencies, State and local 
governments, academia, private industry, United States and 
international standards organizations, and international part-
ners. 
(8) Any other matters the Secretary considers appropriate. 
(c) CONSULTATION.—The report under (a) shall be developed 
in consultation with appropriate military departments, Defense 
Agencies, combatant commands, and other defense activities. 
SEC. 1043. RENEWAL OF SUBMITTAL OF PLANS FOR PROMPT GLOBAL 
STRIKE CAPABILITY. 
Section 1032(b)(1) of the National Defense Authorization Act 
for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1605; 10 
U.S.C. 113 note) is amended by inserting ‘‘and each of 2007, 2008, 
and 2009,’’ after ‘‘2004, 2005, and 2006,’’. 
SEC. 1044. REPORT ON WORKFORCE REQUIRED TO SUPPORT THE 
NUCLEAR MISSIONS OF THE NAVY AND THE DEPART-
MENT OF ENERGY. 
(a) IN GENERAL.—Not later than one year after the date of 
the enactment of this Act, the Secretary of Defense and the Sec-
retary of Energy shall each submit to Congress a report on the 
requirements for a workforce to support the nuclear missions of 
the Navy and the Department of Energy during the 10-year period 
beginning on the date of the report. 
(b) ELEMENTS.—Each report shall include— 
(1) a description of the projected nuclear missions of the 
Navy and the Department of Energy during the 10-year period 
beginning on the date of the report; 
(2) an assessment of existing knowledge retention programs 
within the Department of Defense, the Department of Energy, 
the national laboratories, and federally funded research facili-
ties that support the nuclear missions of the Navy and the 
Department of Energy, and any planned changes in those pro-
grams; and 
(3) a plan to address anticipated workforce attrition, retire-
ment, and recruiting trends during that period and ensure 
an adequate workforce in support of the nuclear missions of 
the Navy and the Department of Energy. 
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122 STAT. 312 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 1045. COMPTROLLER GENERAL REPORT ON DEFENSE FINANCE 
AND 
ACCOUNTING 
SERVICE 
RESPONSE 
TO 
BUTTERBAUGH V. DEPARTMENT OF JUSTICE. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, the Comptroller General of the United 
States shall submit to the congressional defense committees a report 
setting forth an assessment by the Comptroller General of the 
response of the Defense Finance and Accounting Service to the 
decision in Butterbaugh v. Department of Justice (336 F.3d 1332 
(2003)). 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) An estimate of the number of members of the reserve 
components of the Armed Forces, both past and present, who 
are entitled to compensation under the decision in Butterbaugh 
v. Department of Justice. 
(2) An assessment of the current policies, procedures, and 
timeliness of the Defense Finance and Accounting Service in 
implementing and resolving claims under the decision in 
Butterbaugh v. Department of Justice. 
(3) An assessment whether or not the decisions made by 
the Defense Finance and Accounting Service in implementing 
the decision in Butterbaugh v. Department of Justice follow 
a consistent pattern of resolution. 
(4) An assessment of whether or not the decisions made 
by the Defense Finance and Accounting Service in imple-
menting the decision in Butterbaugh v. Department of Justice 
are resolving claims by providing more compensation than an 
individual has been able to prove, under the rule of construction 
that laws providing benefits to veterans are liberally construed 
in favor of the veteran. 
(5) An estimate of the total amount of compensation pay-
able to members of the reserve components of the Armed Forces, 
both past and present, as a result of the recent decision in 
Hernandez v. Department of the Air Force (No. 2006–3375, 
slip op.) that leave can be reimbursed for Reserve service before 
1994, when Congress enacted chapter 43 of title 38, United 
States Code (commonly referred to as the ‘‘Uniformed Services 
Employment and Reemployment Rights Act’’). 
(6) A comparative assessment of the handling of claims 
by the Defense Finance and Accounting Service under the deci-
sion in Butterbaugh v. Department of Justice with the handling 
of claims by other Federal agencies (selected by the Comptroller 
General for purposes of the comparative assessment) under 
that decision. 
(7) A statement of the number of claims by members of 
the reserve components of the Armed Forces under the decision 
in Butterbaugh v. Department of Justice that have been adju-
dicated by the Defense Finance and Accounting Service. 
(8) A statement of the number of claims by members of 
the reserve components of the Armed Forces under the decision 
in Butterbaugh v. Department of Justice that have been denied 
by the Defense Finance and Accounting Service. 
(9) A comparative assessment of the average amount of 
time required for the Defense Finance and Accounting Service 
to resolve a claim under the decision in Butterbaugh v. Depart-
ment of Justice with the average amount of time required 
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122 STAT. 313 
PUBLIC LAW 110–181—JAN. 28, 2008 
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 
Deadlines. 
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122 STAT. 314 
PUBLIC LAW 110–181—JAN. 28, 2008 
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 
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122 STAT. 315 
PUBLIC LAW 110–181—JAN. 28, 2008 
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 
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122 STAT. 316 
PUBLIC LAW 110–181—JAN. 28, 2008 
(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 
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122 STAT. 317 
PUBLIC LAW 110–181—JAN. 28, 2008 
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. 
Deadline. 
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122 STAT. 318 
PUBLIC LAW 110–181—JAN. 28, 2008 
(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. 
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122 STAT. 319 
PUBLIC LAW 110–181—JAN. 28, 2008 
(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. 
Waiver authority. 
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122 STAT. 320 
PUBLIC LAW 110–181—JAN. 28, 2008 
(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. 
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122 STAT. 321 
PUBLIC LAW 110–181—JAN. 28, 2008 
(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’’. 
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122 STAT. 322 
PUBLIC LAW 110–181—JAN. 28, 2008 
(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’’. 
(5) Section 606(b)(1)(A) (120 Stat. 2246) is amended by 
striking ‘‘in’’ and inserting ‘‘In’’. 
Effective date. 
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122 STAT. 323 
PUBLIC LAW 110–181—JAN. 28, 2008 
(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’’. 
(2) Section 1413(a) (117 Stat. 1665; 41 U.S.C. 433 note) 
is amended by striking ‘‘(A))’’ and inserting ‘‘(A)))’’. 
120 Stat. 2635. 
Effective date. 
Effective date. 
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122 STAT. 324 
PUBLIC LAW 110–181—JAN. 28, 2008 
(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’’). 
(b) CONTENTS
OF REPORT.—The report required under sub-
section (a) shall include each of the following: 
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122 STAT. 325 
PUBLIC LAW 110–181—JAN. 28, 2008 
(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.— 
President. 
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122 STAT. 326 
PUBLIC LAW 110–181—JAN. 28, 2008 
(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 
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122 STAT. 327 
PUBLIC LAW 110–181—JAN. 28, 2008 
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. 
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122 STAT. 328 
PUBLIC LAW 110–181—JAN. 28, 2008 
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— 
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122 STAT. 329 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(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.— 
President. 
Applicability. 
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122 STAT. 330 
PUBLIC LAW 110–181—JAN. 28, 2008 
(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 
Regulations. 
Regulations. 
Deadlines. 
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122 STAT. 331 
PUBLIC LAW 110–181—JAN. 28, 2008 
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 
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122 STAT. 332 
PUBLIC LAW 110–181—JAN. 28, 2008 
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 
Deadline. 
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122 STAT. 333 
PUBLIC LAW 110–181—JAN. 28, 2008 
States Secret Service, the Director of the United States Mar-
shals Service, or any other Federal law enforcement agency. 
SEC. 1075. MODIFICATION OF AUTHORITIES ON COMMISSION TO 
ASSESS THE THREAT TO THE UNITED STATES FROM 
ELECTROMAGNETIC PULSE ATTACK. 
(a) EXTENSION OF DATE OF SUBMITTAL OF FINAL REPORT.— 
Section 1403(a) of the Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001 (as enacted into law by Public Law 
106–398; 50 U.S.C. 2301 note) is amended by striking ‘‘June 30, 
2007’’ and inserting ‘‘November 30, 2008’’. 
(b) COORDINATION OF WORK WITH DEPARTMENT OF HOMELAND 
SECURITY.—Section 1404 of such Act is amended by adding at 
the end the following new subsection: 
‘‘(c) COORDINATION WITH DEPARTMENT OF HOMELAND SECU-
RITY.—The Commission and the Secretary of Homeland Security 
shall jointly ensure that the work of the Commission with respect 
to electromagnetic pulse attack on electricity infrastructure, and 
protection against such attack, is coordinated with Department 
of Homeland Security efforts on such matters.’’. 
(c) LIMITATION ON DEPARTMENT OF DEFENSE FUNDING.—The 
aggregate amount of funds provided by the Department of Defense 
to the Commission to Assess the Threat to the United States 
from Electromagnetic Pulse Attack for purposes of the preparation 
and submittal of the final report required by section 1403(a) of 
the Floyd D. Spence National Defense Authorization Act for Fiscal 
Year 2001 (as amended by subsection (a)), whether by transfer 
or otherwise and including funds provided the Commission before 
the date of the enactment of this Act, shall not exceed $5,600,000. 
SEC. 1076. SENSE OF CONGRESS ON SMALL BUSINESS INNOVATION 
RESEARCH PROGRAM. 
It is the sense of Congress that— 
(1) the Department of Defense’s Small Business Innovation 
Research program has been effective in supporting the perform-
ance of the missions of the Department of Defense, by stimu-
lating technological innovation through investments in small 
business research activities; 
(2) the Department of Defense’s Small Business Innovation 
Research program has transitioned a number of technologies 
and systems into operational use by warfighters; and 
(3) the Department of Defense’s Small Business Innovation 
Research program should be reauthorized so as to ensure that 
the program’s activities can continue seamlessly, efficiently, 
and effectively. 
SEC. 1077. REVISION OF PROFICIENCY FLYING DEFINITION. 
Subsection (c) of section 2245 of title 10, United States Code, 
is amended to read as follows: 
‘‘(c) In this section, the term ‘proficiency flying’ means flying 
performed under competent orders by a rated or designated member 
of the armed forces while serving in a non-aviation assignment 
or in an assignment in which skills would normally not be main-
tained in the performance of assigned duties.’’. 
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122 STAT. 334 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 1078. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS OF AIR-
CRAFT UNDER CONTRACT WITH THE ARMED FORCES. 
(a) DEFINITION OF PUBLIC AIRCRAFT.—Section 40102(a)(41)(E) 
of title 49, United States Code, is amended— 
(1) by inserting ‘‘or other commercial air service’’ after 
‘‘transportation’’; and 
(2) by adding at the end the following: ‘‘In the preceding 
sentence, the term ‘other commercial air service’ means an 
aircraft operation that (i) is within the United States territorial 
airspace; (ii) the Administrator of the Federal Aviation Adminis-
tration determines is available for compensation or hire to 
the public, and (iii) must comply with all applicable civil aircraft 
rules under title 14, Code of Federal Regulations.’’. 
(b) AIRCRAFT
OPERATED
BY
THE
ARMED
FORCES.—Section 
40125(c)(1)(C) of such title is amended by inserting ‘‘or other 
commercial air service’’ after ‘‘transportation’’. 
(c) CONFORMING AMENDMENTS.— 
(1) Section 40125(b) of such title is amended by striking 
‘‘40102(a)(37)’’ and inserting ‘‘40102(a)(41)’’. 
(2) Section 40125(c)(1) of such title is amended by striking 
‘‘40102(a)(37)(E)’’ and inserting ‘‘40102(a)(41)(E)’’. 
SEC. 1079. COMMUNICATIONS WITH THE COMMITTEES ON ARMED 
SERVICES OF THE SENATE AND THE HOUSE OF REP-
RESENTATIVES. 
(a) REQUESTS OF COMMITTEES.—The Director of the National 
Counterterrorism Center, the Director of a national intelligence 
center, or the head of any element of the intelligence community 
shall, not later than 45 days after receiving a written request 
from the Chair or ranking minority member of the Committee 
on Armed Services of the Senate or the Committee on Armed 
Services of the House of Representatives for any existing intel-
ligence assessment, report, estimate, or legal opinion relating to 
matters within the jurisdiction of such Committee, make available 
to such committee such assessment, report, estimate, or legal 
opinion, as the case may be. 
(b) ASSERTION OF PRIVILEGE.— 
(1) IN GENERAL.—In response to a request covered by sub-
section (a), the Director of the National Counterterrorism 
Center, the Director of a national intelligence center, or the 
head of any element of the intelligence community shall provide 
to the Committee making such request the document or 
information covered by such request unless the President deter-
mines that such document or information shall not be provided 
because the President is asserting a privilege pursuant to the 
Constitution of the United States. 
(2) SUBMISSION TO CONGRESS.—The White House Counsel 
shall submit to Congress in writing any assertion by the Presi-
dent under paragraph (1) of a privilege pursuant to the Con-
stitution. 
(c) DEFINITIONS.—In this section: 
(1) INTELLIGENCE
COMMUNITY.—The term ‘‘intelligence 
community’’ has the meaning given the term in section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 401a(4)). 
(2) INTELLIGENCE
ASSESSMENT.—The term ‘‘intelligence 
assessment’’ means an intelligence-related analytical study of 
President. 
Deadline. 
Reports. 
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122 STAT. 335 
PUBLIC LAW 110–181—JAN. 28, 2008 
a subject of policy significance and does not include building- 
block papers, research projects, and reference aids. 
(3) INTELLIGENCE ESTIMATE.—The term ‘‘intelligence esti-
mate’’ means an appraisal of available intelligence relating 
to a specific situation or condition with a view to determining 
the courses of action open to an enemy or potential enemy 
and the probable order of adoption of such courses of action. 
SEC. 1080. RETENTION OF REIMBURSEMENT FOR PROVISION OF 
RECIPROCAL FIRE PROTECTION SERVICES. 
Section 5 of the Act of May 27, 1955 (chapter 105; 69 Stat. 
67; 42 U.S.C. 1856d) is amended— 
(1) by striking ‘‘Funds’’ and inserting ‘‘(a) Funds’’; and 
(2) by adding at the end the following new subsection: 
‘‘(b) Notwithstanding the provisions of subsection (a), all sums 
received for any Department of Defense activity for fire protection 
rendered pursuant to this Act shall be credited to the appropriation 
fund or account from which the expenses were paid. Amounts 
so credited shall be merged with funds in such appropriation fund 
or account and shall be available for the same purposes and subject 
to the same limitations as the funds with which the funds are 
merged.’’. 
SEC. 1081. PILOT PROGRAM ON COMMERCIAL FEE-FOR-SERVICE AIR 
REFUELING SUPPORT FOR THE AIR FORCE. 
(a) PILOT PROGRAM REQUIRED.—The Secretary of the Air Force 
shall conduct, as soon as practicable after the date of the enactment 
of this Act, a pilot program to assess the feasibility and advisability 
of utilizing commercial fee-for-service air refueling tanker aircraft 
for Air Force operations. The duration of the pilot program shall 
be at least five years after commencement of the program. 
(b) PURPOSE.— 
(1) IN GENERAL.—The pilot program required by subsection 
(a) shall evaluate the feasibility of fee-for-service air refueling 
to support, augment, or enhance the air refueling mission of 
the Air Force by utilizing commercial air refueling providers 
on a fee-for-service basis. 
(2) ELEMENTS.—In order to achieve the purpose of the 
pilot program, the Secretary of the Air Force shall— 
(A) demonstrate and validate a comprehensive strategy 
for air refueling on a fee-for-service basis by evaluating 
all mission areas, including testing support, training sup-
port to receiving aircraft, homeland defense support, 
deployment support, air bridge support, aeromedical evacu-
ation, and emergency air refueling; and 
(B) integrate fee-for-service air refueling described in 
paragraph (1) into Air Mobility Command operations 
during the evaluation and execution phases of the pilot 
program. 
(c) ANNUAL REPORT.—The Secretary of the Air Force shall 
provide to the congressional defense committees an annual report 
on the fee-for-service air refueling program, which includes— 
(1) information with respect to— 
(A) missions flown; 
(B) mission areas supported; 
(C) aircraft number, type, model series supported; 
(D) fuel dispensed; 
(E) departure reliability rates; and 
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122 STAT. 336 
PUBLIC LAW 110–181—JAN. 28, 2008 
(F) the annual and cumulative cost to the Government 
for the program, including a comparison of costs of the 
same service provided by the Air Force; 
(2) an assessment of the impact of outsourcing air refueling 
on the Air Force’s flying hour program and aircrew training; 
and 
(3) any other data that the Secretary determines is appro-
priate for evaluating the performance of the commercial air 
refueling providers participating in the pilot program. 
(d) COMPTROLLER GENERAL REVIEW.—The Comptroller General 
shall submit to the congressional defense committees— 
(1) an annual review of the conduct of the pilot program 
under this section and any recommendations of the Comptroller 
General for improving the program; and 
(2) not later than 90 days after the completion of the 
pilot program, a final assessment of the results of the pilot 
program and the recommendations of the Comptroller General 
for whether the Secretary of the Air Force should continue 
to utilize fee-for-service air refueling. 
SEC. 1082. ADVISORY PANEL ON DEPARTMENT OF DEFENSE CAPABILI-
TIES FOR SUPPORT OF CIVIL AUTHORITIES AFTER CER-
TAIN INCIDENTS. 
(a) IN GENERAL.—The Secretary of Defense shall establish an 
advisory panel to carry out an assessment of the capabilities of 
the Department of Defense to provide support to United States 
civil authorities in the event of a chemical, biological, radiological, 
nuclear, or high-yield explosive (CBRNE) incident. 
(b) PANEL MATTERS.— 
(1) IN GENERAL.—The advisory panel required by subsection 
(a) shall consist of individuals appointed by the Secretary of 
Defense (in consultation with the chairmen and ranking mem-
bers of the Committees on Armed Services of the Senate and 
the House of Representatives) from among private citizens of 
the United States with expertise in the legal, operational, and 
organizational aspects of the management of the consequences 
of a chemical, biological, radiological, nuclear, or high-yield 
explosive incident. 
(2) DEADLINE
FOR
APPOINTMENT.—All members of the 
advisory panel shall be appointed under this subsection not 
later than 30 days after the date on which the Secretary enters 
into the contract required by subsection (c). 
(3) INITIAL
MEETING.—The advisory panel shall conduct 
its first meeting not later than 30 days after the date that 
all appointments to the panel have been made under this 
subsection. 
(4) PROCEDURES.—The advisory panel shall carry out its 
duties under this section under procedures established under 
subsection (c) by the federally funded research and development 
center with which the Secretary contracts under that sub-
section. Such procedures shall include procedures for the selec-
tion of a chairman of the advisory panel from among its mem-
bers. 
(c) SUPPORT OF FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTER.— 
(1) IN GENERAL.—The Secretary of Defense shall enter into 
a contract with a federally funded research and development 
Contracts. 
Deadline. 
Deadline. 
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122 STAT. 337 
PUBLIC LAW 110–181—JAN. 28, 2008 
center for the provision of support and assistance to the 
advisory panel required by subsection (a) in carrying out its 
duties under this section. Such support and assistance shall 
include the establishment of the procedures of the advisory 
panel under subsection (b)(4). 
(2) DEADLINE FOR CONTRACT.—The Secretary shall enter 
into the contract required by this subsection not later than 
60 days after the date of the enactment of this Act. 
(d) DUTIES OF PANEL.—The advisory panel required by sub-
section (a) shall— 
(1) evaluate the authorities and capabilities of the Depart-
ment of Defense to conduct operations in support to United 
States civil authorities in the event of a chemical, biological, 
radiological, nuclear, or high-yield explosive incident, including 
the authorities and capabilities of the military departments, 
the Defense Agencies, the combatant commands, any supporting 
commands, and the reserve components of the Armed Forces 
(including the National Guard in a Federal and non-Federal 
status); 
(2) assess the adequacy of existing plans and programs 
of the Department of Defense for training and equipping dedi-
cated, special, and general purposes forces for conducting oper-
ations described in paragraph (1) across a broad spectrum 
of scenarios, including current National Planning Scenarios 
as applicable; 
(3) assess policies, directives, and plans of the Department 
of Defense in support of civilian authorities in managing the 
consequences of a chemical, biological, radiological, nuclear, 
or high-yield explosive incident; 
(4) assess the adequacy of policies and structures of the 
Department of Defense for coordination with other department 
and agencies of the Federal Government, especially the Depart-
ment of Homeland Security, the Department of Energy, the 
Department of Justice, and the Department of Health and 
Human Services, in the provision of support described in para-
graph (1); 
(5) assess the adequacy and currency of information avail-
able to the Department of Defense, whether directly or through 
other departments and agencies of the Federal Government, 
from State and local governments in circumstances where the 
Department provides support described in paragraph (1) 
because State and local response capabilities are not fully ade-
quate for a comprehensive response; 
(6) assess the equipment capabilities and needs of the 
Department of Defense to provide support described in para-
graph (1); 
(7) develop recommendations for modifying the capabilities, 
plans, policies, equipment, and structures evaluated or assessed 
under this subsection in order to improve the provision by 
the Department of Defense of the support described in para-
graph (1); and 
(8) assess and make recommendations on— 
(A) whether there should be any additional Weapons 
of Mass Destruction Civil Support Teams, beyond the 55 
already authorized and, if so, how many additional Civil 
Support Teams, and where they should be located; and 
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122 STAT. 338 
PUBLIC LAW 110–181—JAN. 28, 2008 
(B) what criteria and considerations are appropriate 
to determine whether additional Civil Support Teams are 
needed and, if so, where they should be located. 
(e) COOPERATION OF OTHER AGENCIES.— 
(1) IN GENERAL.—The advisory panel required by subsection 
(a) may secure directly from the Department of Defense, the 
Department of Homeland Security, the Department of Energy, 
the Department of Justice, the Department of Health and 
Human Services, and any other department or agency of the 
Federal Government information that the panel considers nec-
essary for the panel to carry out its duties. 
(2) COOPERATION.—The Secretary of Defense, the Secretary 
of Homeland Secretary, the Secretary of Energy, the Attorney 
General, the Secretary of Health and Human Services, and 
any other official of the United States shall provide the advisory 
panel with full and timely cooperation in carrying out its duties 
under this section. 
(f) REPORT.—Not later than 12 months after the date of the 
initial meeting of the advisory panel required by subsection (a), 
the advisory panel shall submit to the Secretary of Defense, and 
to the Committees on Armed Services of the Senate and the House 
of Representatives, a report on activities under this section. The 
report shall set forth— 
(1) the findings, conclusions, and recommendations of the 
advisory panel for improving the capabilities of the Department 
of Defense to provide support to United States civil authorities 
in the event of a chemical, biological, radiological, nuclear, 
or high-yield explosive incident; and 
(2) such other findings, conclusions, and recommendations 
for improving the capabilities of the Department for homeland 
defense as the advisory panel considers appropriate. 
SEC. 1083. TERRORISM EXCEPTION TO IMMUNITY. 
(a) TERRORISM EXCEPTION TO IMMUNITY.— 
(1) IN GENERAL.—Chapter 97 of title 28, United States 
Code, is amended by inserting after section 1605 the following: 
‘‘§ 1605A. Terrorism exception to the jurisdictional immunity 
of a foreign state 
‘‘(a) IN GENERAL.— 
‘‘(1) NO IMMUNITY.—A foreign state shall not be immune 
from the jurisdiction of courts of the United States or of the 
States in any case not otherwise covered by this chapter in 
which money damages are sought against a foreign state for 
personal injury or death that was caused by an act of torture, 
extrajudicial killing, aircraft sabotage, hostage taking, or the 
provision of material support or resources for such an act 
if such act or provision of material support or resources is 
engaged in by an official, employee, or agent of such foreign 
state while acting within the scope of his or her office, employ-
ment, or agency. 
‘‘(2) CLAIM HEARD.—The court shall hear a claim under 
this section if— 
‘‘(A)(i)(I) the foreign state was designated as a state 
sponsor of terrorism at the time the act described in para-
graph (1) occurred, or was so designated as a result of 
such act, and, subject to subclause (II), either remains 
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122 STAT. 339 
PUBLIC LAW 110–181—JAN. 28, 2008 
so designated when the claim is filed under this section 
or was so designated within the 6-month period before 
the claim is filed under this section; or 
‘‘(II) in the case of an action that is refiled under 
this section by reason of section 1083(c)(2)(A) of the 
National Defense Authorization Act for Fiscal Year 2008 
or is filed under this section by reason of section 1083(c)(3) 
of that Act, the foreign state was designated as a state 
sponsor of terrorism when the original action or the related 
action under section 1605(a)(7) (as in effect before the 
enactment of this section) or section 589 of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1997 (as contained in section 101(c) 
of division A of Public Law 104–208) was filed; 
‘‘(ii) the claimant or the victim was, at the time the 
act described in paragraph (1) occurred— 
‘‘(I) a national of the United States; 
‘‘(II) a member of the armed forces; or 
‘‘(III) otherwise an employee of the Government 
of the United States, or of an individual performing 
a contract awarded by the United States Government, 
acting within the scope of the employee’s employment; 
and 
‘‘(iii) in a case in which the act occurred in the foreign 
state against which the claim has been brought, the claim-
ant has afforded the foreign state a reasonable opportunity 
to arbitrate the claim in accordance with the accepted 
international rules of arbitration; or 
‘‘(B) the act described in paragraph (1) is related to 
Case Number 1:00CV03110 (EGS) in the United States 
District Court for the District of Columbia. 
‘‘(b) LIMITATIONS.—An action may be brought or maintained 
under this section if the action is commenced, or a related action 
was commenced under section 1605(a)(7) (before the date of the 
enactment of this section) or section 589 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1997 
(as contained in section 101(c) of division A of Public Law 104– 
208) not later than the latter of— 
‘‘(1) 10 years after April 24, 1996; or 
‘‘(2) 10 years after the date on which the cause of action 
arose. 
‘‘(c) PRIVATE RIGHT
OF ACTION.—A foreign state that is or 
was a state sponsor of terrorism as described in subsection 
(a)(2)(A)(i), and any official, employee, or agent of that foreign 
state while acting within the scope of his or her office, employment, 
or agency, shall be liable to— 
‘‘(1) a national of the United States, 
‘‘(2) a member of the armed forces, 
‘‘(3) an employee of the Government of the United States, 
or of an individual performing a contract awarded by the United 
States Government, acting within the scope of the employee’s 
employment, or 
‘‘(4) the legal representative of a person described in para-
graph (1), (2), or (3), 
for personal injury or death caused by acts described in subsection 
(a)(1) of that foreign state, or of an official, employee, or agent 
of that foreign state, for which the courts of the United States 
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122 STAT. 340 
PUBLIC LAW 110–181—JAN. 28, 2008 
may maintain jurisdiction under this section for money damages. 
In any such action, damages may include economic damages, 
solatium, pain and suffering, and punitive damages. In any such 
action, a foreign state shall be vicariously liable for the acts of 
its officials, employees, or agents. 
‘‘(d) ADDITIONAL DAMAGES.—After an action has been brought 
under subsection (c), actions may also be brought for reasonably 
foreseeable property loss, whether insured or uninsured, third party 
liability, and loss claims under life and property insurance policies, 
by reason of the same acts on which the action under subsection 
(c) is based. 
‘‘(e) SPECIAL MASTERS.— 
‘‘(1) IN GENERAL.—The courts of the United States may 
appoint special masters to hear damage claims brought under 
this section. 
‘‘(2) TRANSFER
OF
FUNDS.—The Attorney General shall 
transfer, from funds available for the program under section 
1404C of the Victims of Crime Act of 1984 (42 U.S.C. 10603c), 
to the Administrator of the United States district court in 
which any case is pending which has been brought or main-
tained under this section such funds as may be required to 
cover the costs of special masters appointed under paragraph 
(1). Any amount paid in compensation to any such special 
master shall constitute an item of court costs. 
‘‘(f) APPEAL.—In an action brought under this section, appeals 
from orders not conclusively ending the litigation may only be 
taken pursuant to section 1292(b) of this title. 
‘‘(g) PROPERTY DISPOSITION.— 
‘‘(1) IN GENERAL.—In every action filed in a United States 
district court in which jurisdiction is alleged under this section, 
the filing of a notice of pending action pursuant to this section, 
to which is attached a copy of the complaint filed in the action, 
shall have the effect of establishing a lien of lis pendens upon 
any real property or tangible personal property that is— 
‘‘(A) subject to attachment in aid of execution, or execu-
tion, under section 1610; 
‘‘(B) located within that judicial district; and 
‘‘(C) titled in the name of any defendant, or titled 
in the name of any entity controlled by any defendant 
if such notice contains a statement listing such controlled 
entity. 
‘‘(2) NOTICE.—A notice of pending action pursuant to this 
section shall be filed by the clerk of the district court in the 
same manner as any pending action and shall be indexed 
by listing as defendants all named defendants and all entities 
listed as controlled by any defendant. 
‘‘(3) ENFORCEABILITY.—Liens established by reason of this 
subsection shall be enforceable as provided in chapter 111 
of this title. 
‘‘(h) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘aircraft sabotage’ has the meaning given 
that term in Article 1 of the Convention for the Suppression 
of Unlawful Acts Against the Safety of Civil Aviation; 
‘‘(2) the term ‘hostage taking’ has the meaning given that 
term in Article 1 of the International Convention Against the 
Taking of Hostages; 
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122 STAT. 341 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(3) the term ‘material support or resources’ has the 
meaning given that term in section 2339A of title 18; 
‘‘(4) the term ‘armed forces’ has the meaning given that 
term in section 101 of title 10; 
‘‘(5) the term ‘national of the United States’ has the 
meaning given that term in section 101(a)(22) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(22)); 
‘‘(6) the term ‘state sponsor of terrorism’ means a country 
the government of which the Secretary of State has determined, 
for purposes of section 6(j) of the Export Administration Act 
of 1979 (50 U.S.C. App. 2405(j)), section 620A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the 
Arms Export Control Act (22 U.S.C. 2780), or any other provi-
sion of law, is a government that has repeatedly provided 
support for acts of international terrorism; and 
‘‘(7) the terms ‘torture’ and ‘extrajudicial killing’ have the 
meaning given those terms in section 3 of the Torture Victim 
Protection Act of 1991 (28 U.S.C. 1350 note).’’. 
(2) AMENDMENT TO CHAPTER ANALYSIS.—The table of sec-
tions at the beginning of chapter 97 of title 28, United States 
Code, is amended by inserting after the item relating to section 
1605 the following: 
‘‘1605A. Terrorism exception to the jurisdictional immunity of a foreign state.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) GENERAL EXCEPTION.—Section 1605 of title 28, United 
States Code, is amended— 
(A) in subsection (a)— 
(i) in paragraph (5)(B), by inserting ‘‘or’’ after the 
semicolon; 
(ii) in paragraph (6)(D), by striking ‘‘; or’’ and 
inserting a period; and 
(iii) by striking paragraph (7); 
(B) by repealing subsections (e) and (f); and 
(C) in subsection (g)(1)(A), by striking ‘‘but for sub-
section (a)(7)’’ and inserting ‘‘but for section 1605A’’. 
(2) COUNTERCLAIMS.—Section 1607(a) of title 28, United 
States Code, is amended by inserting ‘‘or 1605A’’ after ‘‘1605’’. 
(3) PROPERTY.—Section 1610 of title 28, United States Code, 
is amended— 
(A) in subsection (a)(7), by striking ‘‘1605(a)(7)’’ and 
inserting ‘‘1605A’’; 
(B) in subsection (b)(2), by striking ‘‘(5), or (7), or 
1605(b)’’ and inserting ‘‘or (5), 1605(b), or 1605A’’; 
(C) in subsection (f), in paragraphs (1)(A) and (2)(A), 
by inserting ‘‘(as in effect before the enactment of section 
1605A) or section 1605A’’ after ‘‘1605(a)(7)’’; and 
(D) by adding at the end the following: 
‘‘(g) PROPERTY IN CERTAIN ACTIONS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (3), the property 
of a foreign state against which a judgment is entered under 
section 1605A, and the property of an agency or instrumentality 
of such a state, including property that is a separate juridical 
entity or is an interest held directly or indirectly in a separate 
juridical entity, is subject to attachment in aid of execution, 
and execution, upon that judgment as provided in this section, 
regardless of— 
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122 STAT. 342 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(A) the level of economic control over the property 
by the government of the foreign state; 
‘‘(B) whether the profits of the property go to that 
government; 
‘‘(C) the degree to which officials of that government 
manage the property or otherwise control its daily affairs; 
‘‘(D) whether that government is the sole beneficiary 
in interest of the property; or 
‘‘(E) whether establishing the property as a separate 
entity would entitle the foreign state to benefits in United 
States courts while avoiding its obligations. 
‘‘(2) UNITED STATES SOVEREIGN IMMUNITY INAPPLICABLE.— 
Any property of a foreign state, or agency or instrumentality 
of a foreign state, to which paragraph (1) applies shall not 
be immune from attachment in aid of execution, or execution, 
upon a judgment entered under section 1605A because the 
property is regulated by the United States Government by 
reason of action taken against that foreign state under the 
Trading With the Enemy Act or the International Emergency 
Economic Powers Act. 
‘‘(3) THIRD-PARTY JOINT PROPERTY HOLDERS.—Nothing in 
this subsection shall be construed to supersede the authority 
of a court to prevent appropriately the impairment of an 
interest held by a person who is not liable in the action giving 
rise to a judgment in property subject to attachment in aid 
of execution, or execution, upon such judgment.’’. 
(4) VICTIMS OF CRIME ACT.—Section 1404C(a)(3) of the Vic-
tims of Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended 
by striking ‘‘December 21, 1988 with respect to which an inves-
tigation or’’ and inserting ‘‘October 23, 1983, with respect to 
which an investigation or civil or criminal’’. 
(c) APPLICATION TO PENDING CASES.— 
(1) IN GENERAL.—The amendments made by this section 
shall apply to any claim arising under section 1605A of title 
28, United States Code. 
(2) PRIOR ACTIONS.— 
(A) IN GENERAL.—With respect to any action that— 
(i) was brought under section 1605(a)(7) of title 
28, United States Code, or section 589 of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1997 (as contained in section 101(c) 
of division A of Public Law 104–208), before the date 
of the enactment of this Act, 
(ii) relied upon either such provision as creating 
a cause of action, 
(iii) has been adversely affected on the grounds 
that either or both of these provisions fail to create 
a cause of action against the state, and 
(iv) as of such date of enactment, is before the 
courts in any form, including on appeal or motion 
under rule 60(b) of the Federal Rules of Civil Proce-
dure, 
that action, and any judgment in the action shall, on motion 
made by plaintiffs to the United States district court where 
the action was initially brought, or judgment in the action 
was initially entered, be given effect as if the action had 
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122 STAT. 343 
PUBLIC LAW 110–181—JAN. 28, 2008 
originally been filed under section 1605A(c) of title 28, 
United States Code. 
(B) DEFENSES WAIVED.—The defenses of res judicata, 
collateral estoppel, and limitation period are waived— 
(i) in any action with respect to which a motion 
is made under subparagraph (A), or 
(ii) in any action that was originally brought, 
before the date of the enactment of this Act, under 
section 1605(a)(7) of title 28, United States Code, or 
section 589 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 
1997 (as contained in section 101(c) of division A of 
Public Law 104–208), and is refiled under section 
1605A(c) of title 28, United States Code, 
to the extent such defenses are based on the claim in 
the action. 
(C) TIME LIMITATIONS.—A motion may be made or an 
action may be refiled under subparagraph (A) only— 
(i) if the original action was commenced not later 
than the latter of— 
(I) 10 years after April 24, 1996; or 
(II) 10 years after the cause of action arose; 
and 
(ii) within the 60-day period beginning on the date 
of the enactment of this Act. 
(3) RELATED ACTIONS.—If an action arising out of an act 
or incident has been timely commenced under section 1605(a)(7) 
of title 28, United States Code, or section 589 of the Foreign 
Operations, Export Financing, and Related Programs Appro-
priations Act, 1997 (as contained in section 101(c) of division 
A of Public Law 104–208), any other action arising out of 
the same act or incident may be brought under section 1605A 
of title 28, United States Code, if the action is commenced 
not later than the latter of 60 days after— 
(A) the date of the entry of judgment in the original 
action; or 
(B) the date of the enactment of this Act. 
(4) PRESERVING
THE
JURISDICTION
OF
THE
COURTS.— 
Nothing in section 1503 of the Emergency Wartime Supple-
mental Appropriations Act, 2003 (Public Law 108–11, 117 Stat. 
579) has ever authorized, directly or indirectly, the making 
inapplicable of any provision of chapter 97 of title 28, United 
States Code, or the removal of the jurisdiction of any court 
of the United States. 
(d) APPLICABILITY TO IRAQ.— 
(1) APPLICABILITY.—The President may waive any provision 
of this section with respect to Iraq, insofar as that provision 
may, in the President’s determination, affect Iraq or any agency 
or instrumentality thereof, if the President determines that— 
(A) the waiver is in the national security interest of 
the United States; 
(B) the waiver will promote the reconstruction of, the 
consolidation of democracy in, and the relations of the 
United States with, Iraq; and 
(C) Iraq continues to be a reliable ally of the United 
States and partner in combating acts of international ter-
rorism. 
President. 
Waiver authority. 
Deadline. 
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122 STAT. 344 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) TEMPORAL SCOPE.—The authority under paragraph (1) 
shall apply— 
(A) with respect to any conduct or event occurring 
before or on the date of the enactment of this Act; 
(B) with respect to any conduct or event occurring 
before or on the date of the exercise of that authority; 
and 
(C) regardless of whether, or the extent to which, the 
exercise of that authority affects any action filed before, 
on, or after the date of the exercise of that authority 
or of the enactment of this Act. 
(3) NOTIFICATION TO CONGRESS.—A waiver by the President 
under paragraph (1) shall cease to be effective 30 days after 
it is made unless the President has notified Congress in writing 
of the basis for the waiver as determined by the President 
under paragraph (1). 
(4) SENSE OF CONGRESS.—It is the sense of the Congress 
that the President, acting through the Secretary of State, should 
work with the Government of Iraq on a state-to-state basis 
to ensure compensation for any meritorious claims based on 
terrorist acts committed by the Saddam Hussein regime against 
individuals who were United States nationals or members of 
the United States Armed Forces at the time of those terrorist 
acts and whose claims cannot be addressed in courts in the 
United States due to the exercise of the waiver authority under 
paragraph (1). 
(e) SEVERABILITY.—If any provision of this section or the amend-
ments made by this section, or the application of such provision 
to any person or circumstance, is held invalid, the remainder of 
this section and such amendments, and the application of such 
provision to other persons not similarly situated or to other cir-
cumstances, shall not be affected by such invalidation. 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Sec. 1101. Extension of authority to waive annual limitation on total compensation 
paid to Federal civilian employees working overseas under areas of 
United States Central Command. 
Sec. 1102. Continuation of life insurance coverage for Federal employees called to 
active duty. 
Sec. 1103. Transportation of dependents, household effects, and personal property 
to former home following death of Federal employee where death re-
sulted from disease or injury incurred in the Central Command area of 
responsibility. 
Sec. 1104. Special benefits for civilian employees assigned on deployment tem-
porary change of station. 
Sec. 1105. Death gratuity authorized for Federal employees. 
Sec. 1106. Modifications to the National Security Personnel System. 
Sec. 1107. Requirement for full implementation of personnel demonstration project. 
Sec. 1108. Authority for inclusion of certain Office of Defense Research and Engi-
neering positions in experimental personnel program for scientific and 
technical personnel. 
Sec. 1109. Pilot program for the temporary assignment of information technology 
personnel to private sector organizations. 
Sec. 1110. Compensation for Federal wage system employees for certain travel 
hours. 
Sec. 1111. Travel compensation for wage grade personnel. 
Sec. 1112. Accumulation of annual leave by senior level employees. 
Sec. 1113. Uniform allowances for civilian employees. 
President. 
Applicability. 
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122 STAT. 345 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 1114. Flexibility in setting pay for employees who move from a Department of 
Defense or Coast Guard nonappropriated fund instrumentality position 
to a position in the General Schedule pay system. 
Sec. 1115. Retirement service credit for service as cadet or midshipman at a mili-
tary service academy. 
Sec. 1116. Authorization for increased compensation for faculty and staff of the 
Uniformed Services University of the Health Sciences. 
Sec. 1117. Report on establishment of a scholarship program for civilian mental 
health professionals. 
SEC. 1101. EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION 
ON TOTAL COMPENSATION PAID TO FEDERAL CIVILIAN 
EMPLOYEES WORKING OVERSEAS UNDER AREAS OF 
UNITED STATES CENTRAL COMMAND. 
(a) EXTENSION.—Section 1105 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 
Stat. 3450), as amended by section 1105 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109–364; 120 Stat. 2409), is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘and 2007’’ and inserting ‘‘, 2007, and 
2008’’; and 
(B) by striking ‘‘Code).’’ and inserting ‘‘Code) or, during 
2008, a military operation (including a contingency oper-
ation, as so defined) or an operation in response to an 
emergency declared by the President.’’; and 
(2) in subsection (b), by striking ‘‘2007.’’ and inserting ‘‘2007 
or 2008.’’. 
(b) RETROACTIVE EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect as of December 31, 2007. 
SEC. 1102. CONTINUATION OF LIFE INSURANCE COVERAGE FOR FED-
ERAL EMPLOYEES CALLED TO ACTIVE DUTY. 
Section 8706 of title 5, United States Code, is amended— 
(1) by redesignating subsections (d) through (g) as sub-
sections (e) through (h), respectively; and 
(2) by inserting after subsection (c) the following: 
‘‘(d)(1) An employee who enters on approved leave without 
pay in the circumstances described in paragraph (2) may elect 
to have such employee’s life insurance continue (beyond the end 
of the 12 months of coverage provided for under subsection (a)) 
for an additional 12 months and arrange to pay currently into 
the Employees’ Life Insurance Fund, through such employee’s 
employing agency, both employee and agency contributions, from 
the beginning of that additional 12 months of coverage. The 
employing agency shall forward the premium payments to the Fund. 
If the employee does not so elect, such employee’s insurance will 
continue during nonpay status and stop as provided by subsection 
(a). An individual making an election under this subsection may 
cancel that election at any time, in which case such employee’s 
insurance will stop as provided by subsection (a) or upon receipt 
of notice of cancellation, whichever is later. 
‘‘(2) This subsection applies in the case of any employee who— 
‘‘(A) is a member of a reserve component of the armed 
forces called or ordered to active duty under a call or order 
that does not specify a period of 30 days or less; and 
‘‘(B) enters on approved leave without pay to perform active 
duty pursuant to such call or order.’’. 
Applicability. 
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122 STAT. 346 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 1103. TRANSPORTATION OF DEPENDENTS, HOUSEHOLD EFFECTS, 
AND PERSONAL PROPERTY TO FORMER HOME FOL-
LOWING DEATH OF FEDERAL EMPLOYEE WHERE DEATH 
RESULTED FROM DISEASE OR INJURY INCURRED IN THE 
CENTRAL COMMAND AREA OF RESPONSIBILITY. 
(a) IN GENERAL.—Paragraph (2) of section 5742(b) of title 5, 
United States Code, is amended to read as follows: 
‘‘(2) the expense of transporting his dependents, including 
expenses of packing, crating, draying, and transporting house-
hold effects and other personal property to his former home 
or such other place as is determined by the head of the agency 
concerned, if— 
‘‘(A) the employee died while performing official duties 
outside the continental United States or in transit thereto 
or therefrom; or 
‘‘(B) in the case of an employee who was a party 
to a mandatory mobility agreement that was in effect when 
the employee died— 
‘‘(i) the employee died in the circumstances 
described in subparagraph (A); or 
‘‘(ii)(I) the employee died as a result of disease 
or injury incurred while performing official duties— 
‘‘(aa) in an overseas location that, at the time 
such employee was performing such official duties, 
was within the area of responsibility of the Com-
mander of the United States Central Command; 
and 
‘‘(bb) in direct support of or directly related 
to a military operation, including a contingency 
operation (as defined in section 101(13) of title 
10) or an operation in response to an emergency 
declared by the President; and 
‘‘(II) the employee’s dependents were residing 
either outside the continental United States or within 
the continental United States when the employee died; 
and’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply with respect to deaths occurring on or after the date 
of the enactment of this Act. 
SEC. 1104. SPECIAL BENEFITS FOR CIVILIAN EMPLOYEES ASSIGNED 
ON DEPLOYMENT TEMPORARY CHANGE OF STATION. 
(a) AUTHORITY.—Subchapter II of chapter 57 of title 5, United 
States Code, is amended by inserting after section 5737 the fol-
lowing: 
‘‘§ 5737a. Employees temporarily deployed in contingency 
operations 
‘‘(a) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘covered employee’ means an individual who— 
‘‘(A) is an employee of an Executive agency or a military 
department, excluding a Government controlled corpora-
tion; and 
‘‘(B) is assigned on a temporary change of station in 
support of a contingency operation; 
‘‘(2) the term ‘temporary change of station’, as used with 
respect to an employee, means an assignment— 
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122 STAT. 347 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(A) from the employee’s official duty station to a tem-
porary duty station; and 
‘‘(B) for which such employee is eligible for expenses 
under section 5737; and 
‘‘(3) the term ‘contingency operation’ has the meaning given 
such term by section 1482a(c) of title 10. 
‘‘(b) QUARTERS
AND RATIONS.—The head of an agency may 
provide quarters and rations, without charge, to any covered 
employee of such agency during the period of such employee’s 
temporary assignment (as described in subsection (a)(1)(B)). 
‘‘(c) STORAGE
OF MOTOR VEHICLE.—The head of an agency 
may provide for the storage, without charge, or for the reimburse-
ment of the cost of storage, of a motor vehicle that is owned 
or leased by a covered employee of such agency (or by a dependent 
of such an employee) and that is for the personal use of the 
covered employee. This subsection shall apply— 
‘‘(1) with respect to storage during the period of the 
employee’s temporary assignment (as described in subsection 
(a)(1)(B)); and 
‘‘(2) in the case of a covered employee, with respect to 
not more than one motor vehicle as of any given time. 
‘‘(d) RELATIONSHIP TO OTHER BENEFITS.—Any benefits under 
this section shall be in addition to (and not in lieu of) any other 
benefits for which the covered employee is otherwise eligible.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for chapter 
57 of such title is amended by inserting after the item relating 
to section 5737 the following: 
‘‘5737a. Employees temporarily deployed in contingency operations.’’. 
SEC. 1105. DEATH GRATUITY AUTHORIZED FOR FEDERAL EMPLOYEES. 
(a) DEATH GRATUITY AUTHORIZED.—Chapter 81 of title 5, 
United States Code, is amended by inserting after section 8102 
the following: 
‘‘§ 8102a. Death gratuity for injuries incurred in connection 
with employee’s service with an Armed Force 
‘‘(a) DEATH GRATUITY AUTHORIZED.—The United States shall 
pay a death gratuity of up to $100,000 to or for the survivor 
prescribed by subsection (d) immediately upon receiving official 
notification of the death of an employee who dies of injuries incurred 
in connection with the employee’s service with an Armed Force 
in a contingency operation. 
‘‘(b) RETROACTIVE PAYMENT IN CERTAIN CASES.—At the discre-
tion of the Secretary concerned, subsection (a) may apply in the 
case of an employee who died, on or after October 7, 2001, and 
before the date of enactment of this section, as a result of injuries 
incurred in connection with the employee’s service with an Armed 
Force in the theater of operations of Operation Enduring Freedom 
or Operation Iraqi Freedom. 
‘‘(c) RELATIONSHIP TO OTHER BENEFITS.—The death gratuity 
payable under this section shall be reduced by the amount of 
any death gratuity provided under section 413 of the Foreign Service 
Act of 1980, section 1603 of the Emergency Supplemental Appro-
priations Act for Defense, the Global War on Terror, and Hurricane 
Recovery, 2006, or any other law of the United States based on 
the same death. 
‘‘(d) ELIGIBLE SURVIVORS.— 
Applicability. 
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122 STAT. 348 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(1) Subject to paragraph (5), a death gratuity payable 
upon the death of a person covered by subsection (a) shall 
be paid to or for the living survivor highest on the following 
list: 
‘‘(A) The employee’s surviving spouse. 
‘‘(B) The employee’s children, as prescribed by para-
graph (2), in equal shares. 
‘‘(C) If designated by the employee, any one or more 
of the following persons: 
‘‘(i) The employee’s parents or persons in loco 
parentis, as prescribed by paragraph (3). 
‘‘(ii) The employee’s brothers. 
‘‘(iii) The employee’s sisters. 
‘‘(D) The employee’s parents or persons in loco parentis, 
as prescribed by paragraph (3), in equal shares. 
‘‘(E) The employee’s brothers and sisters in equal 
shares. 
Subparagraphs (C) and (E) of this paragraph include brothers 
and sisters of the half blood and those through adoption. 
‘‘(2) Paragraph (1)(B) applies, without regard to age or 
marital status, to— 
‘‘(A) legitimate children; 
‘‘(B) adopted children; 
‘‘(C) stepchildren who were a part of the decedent’s 
household at the time of death; 
‘‘(D) illegitimate children of a female decedent; and 
‘‘(E) illegitimate children of a male decedent— 
‘‘(i) who have been acknowledged in writing signed 
by the decedent; 
‘‘(ii) who have been judicially determined, before 
the decedent’s death, to be his children; 
‘‘(iii) who have been otherwise proved, by evidence 
satisfactory to the employing agency, to be children 
of the decedent; or 
‘‘(iv) to whose support the decedent had been 
judicially ordered to contribute. 
‘‘(3) Subparagraphs (C) and (D) of paragraph (1), so far 
as they apply to parents and persons in loco parentis, include 
fathers and mothers through adoption, and persons who stood 
in loco parentis to the decedent for a period of not less than 
one year at any time before the decedent became an employee. 
However, only one father and one mother, or their counterparts 
in loco parentis, may be recognized in any case, and preference 
shall be given to those who exercised a parental relationship 
on the date, or most nearly before the date, on which the 
decedent became an employee. 
‘‘(4) Beginning on the date of the enactment of this para-
graph, a person covered by this section may designate another 
person to receive not more than 50 percent of the amount 
payable under this section. The designation shall indicate the 
percentage of the amount, to be specified only in 10 percent 
increments up to the maximum of 50 percent, that the des-
ignated person may receive. The balance of the amount of 
the death gratuity shall be paid to or for the living survivors 
of the person concerned in accordance with subparagraphs (A) 
through (E) of paragraph (1). 
Effective date. 
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122 STAT. 349 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(5) If a person entitled to all or a portion of a death 
gratuity under paragraph (1) or (4) dies before the person 
receives the death gratuity, it shall be paid to the living sur-
vivor next in the order prescribed by paragraph (1). 
‘‘(e) DEFINITIONS.—(1) The term ‘contingency operation’ has the 
meaning given to that term in section 1482a(c) of title 10, United 
States Code. 
‘‘(2) The term ‘employee’ has the meaning provided in section 
8101 of this title, but also includes a nonappropriated fund 
instrumentality employee, as defined in section 1587(a)(1) of title 
10.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 81 of such title is amended by inserting after 
the item relating to section 8102 the following: 
‘‘8102a. Death gratuity for injuries incurred in connection with employee’s service 
with an Armed Force.’’. 
SEC. 1106. MODIFICATIONS TO THE NATIONAL SECURITY PERSONNEL 
SYSTEM. 
(a) IN GENERAL.—Section 9902 of title 5, United States Code, 
is amended to read as follows: 
‘‘§ 9902. Establishment of human resources management 
system 
‘‘(a) IN GENERAL.—The Secretary may, in regulations prescribed 
jointly with the Director, establish, and from time to time adjust, 
a human resources management system for some or all of the 
organizational or functional units of the Department of Defense. 
The human resources management system established under 
authority of this section shall be referred to as the ‘National Security 
Personnel System’. 
‘‘(b) SYSTEM REQUIREMENTS.—Any system established under 
subsection (a) shall— 
‘‘(1) be flexible; 
‘‘(2) be contemporary; 
‘‘(3) not waive, modify, or otherwise affect— 
‘‘(A) the public employment principles of merit and 
fitness set forth in section 2301, including the principles 
of hiring based on merit, fair treatment without regard 
to political affiliation or other nonmerit considerations, 
equal pay for equal work, and protection of employees 
against reprisal for whistleblowing; 
‘‘(B) any provision of section 2302, relating to prohib-
ited personnel practices; 
‘‘(C)(i) any provision of law referred to in section 
2302(b)(1), (8), and (9); or 
‘‘(ii) any provision of law implementing any provision 
of law referred to in section 2302(b)(1), (8), and (9) by— 
‘‘(I) providing for equal employment opportunity 
through affirmative action; or 
‘‘(II) providing any right or remedy available to 
any employee or applicant for employment in the public 
service; 
‘‘(D) any other provision of this part (as described 
in subsection (d)); or 
‘‘(E) any rule or regulation prescribed under any provi-
sion of law referred to in this paragraph; 
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122 STAT. 350 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(4) not apply to any prevailing rate employees, as defined 
in section 5342(a)(2); 
‘‘(5) ensure that employees may organize, bargain collec-
tively, and participate through labor organizations of their own 
choosing in decisions which affect them, subject to any exclusion 
from coverage or limitation on negotiability established pursu-
ant to law; 
‘‘(6) not be limited by any specific law or authority under 
this title, or by any rule or regulation prescribed under this 
title, that is waived in regulations prescribed under this 
chapter, subject to paragraph (3); and 
‘‘(7) include a performance management system that incor-
porates the following elements: 
‘‘(A) Adherence to merit principles set forth in section 
2301. 
‘‘(B) A fair, credible, and transparent employee 
performance appraisal system. 
‘‘(C) A link between the performance management 
system and the agency’s strategic plan. 
‘‘(D) A means for ensuring employee involvement in 
the design and implementation of the system. 
‘‘(E) Adequate training and retraining for supervisors, 
managers, and employees in the implementation and oper-
ation of the performance management system. 
‘‘(F) A process for ensuring ongoing performance feed-
back and dialogue between supervisors, managers, and 
employees throughout the appraisal period, and setting 
timetables for review. 
‘‘(G) Effective safeguards to ensure that the manage-
ment of the system is fair and equitable and based on 
employee performance. 
‘‘(H) A means for ensuring that adequate agency 
resources are allocated for the design, implementation, and 
administration of the performance management system. 
‘‘(I) A pay-for-performance evaluation system to better 
link individual pay to performance, and provide an equi-
table method for appraising and compensating employees. 
‘‘(c) PERSONNEL MANAGEMENT AT DEFENSE LABORATORIES.— 
‘‘(1) The National Security Personnel System shall not 
apply with respect to a laboratory under paragraph (2) before 
October 1, 2011, and shall apply on or after October 1, 2011, 
only to the extent that the Secretary determines that the flexi-
bilities provided by the National Security Personnel System 
are greater than the flexibilities provided to those laboratories 
pursuant to section 342 of the National Defense Authorization 
Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721) 
and section 1101 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note), 
respectively. 
‘‘(2) The laboratories to which this subsection applies are— 
‘‘(A) the Aviation and Missile Research Development 
and Engineering Center; 
‘‘(B) the Army Research Laboratory; 
‘‘(C) the Medical Research and Materiel Command; 
‘‘(D) the Engineer Research and Development Com-
mand; 
‘‘(E) the Communications-Electronics Command; 
Applicability. 
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122 STAT. 351 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(F) the Soldier and Biological Chemical Command; 
‘‘(G) the Naval Sea Systems Command Centers; 
‘‘(H) the Naval Research Laboratory; 
‘‘(I) the Office of Naval Research; and 
‘‘(J) the Air Force Research Laboratory. 
‘‘(d) OTHER NONWAIVABLE PROVISIONS.—The other provisions 
of this part referred to in subsection (b)(3)(D) are— 
‘‘(1) subparts A, B, E, G, and H of this part; and 
‘‘(2) chapters 41, 45, 47, 55 (except subchapter V thereof, 
apart from section 5545b), 57, 59, 71, 72, 73, 75, 77, and 
79, and this chapter. 
‘‘(e) LIMITATIONS RELATING TO PAY.— 
‘‘(1) Nothing in this section shall constitute authority to 
modify the pay of any employee who serves in an Executive 
Schedule position under subchapter II of chapter 53. 
‘‘(2) Except as provided for in paragraph (1), the total 
amount in a calendar year of allowances, differentials, bonuses, 
awards, or other similar cash payments paid under this title 
to any employee who is paid under section 5376 or 5383 or 
under title 10 or under other comparable pay authority estab-
lished for payment of Department of Defense senior executive 
or equivalent employees may not exceed the total annual com-
pensation payable to the Vice President under section 104 
of title 3. 
‘‘(3) To the maximum extent practicable, the rates of com-
pensation for civilian employees at the Department of Defense 
shall be adjusted at the same rate, and in the same proportion, 
as are rates of compensation for members of the uniformed 
services. 
‘‘(4) To the maximum extent practicable, for fiscal years 
2004 through 2012, the overall amount allocated for compensa-
tion of the civilian employees of an organizational or functional 
unit of the Department of Defense that is included in the 
National Security Personnel System shall not be less than 
the amount that would have been allocated for compensation 
of such employees for such fiscal year if they had not been 
converted to the National Security Personnel System, based 
on, at a minimum— 
‘‘(A) the number and mix of employees in such 
organizational or functional unit prior to the conversion 
of such employees to the National Security Personnel 
System; and 
‘‘(B) adjusted for normal step increases and rates of 
promotion that would have been expected, had such 
employees remained in their previous pay schedule. 
‘‘(5) To the maximum extent practicable, the regulations 
implementing the National Security Personnel System shall 
provide a formula for calculating the overall amount to be 
allocated for fiscal years after fiscal year 2012 for compensation 
of the civilian employees of an organization or functional unit 
of the Department of Defense that is included in the National 
Security Personnel System. The formula shall ensure that in 
the aggregate, employees are not disadvantaged in terms of 
the overall amount of pay available as a result of conversion 
to the National Security Personnel System, while providing 
flexibility to accommodate changes in the function of the 
organization, changes in the mix of employees performing those 
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122 STAT. 352 
PUBLIC LAW 110–181—JAN. 28, 2008 
functions, and other changed circumstances that might impact 
pay levels. 
‘‘(6) Amounts allocated for compensation of civilian 
employees of the Department of Defense pursuant to para-
graphs (4) and (5) shall be available only for the purpose 
of providing such compensation. 
‘‘(7) At the time of any annual adjustment to pay schedules 
pursuant to section 5303, the rate of basic pay for each 
employee of an organizational or functional unit of the Depart-
ment of Defense that is included in the National Security 
Personnel System who receives a performance rating above 
unacceptable or who does not have a current rating of record 
for the most recently completed appraisal period shall be 
adjusted by no less than 60 percent of the amount of such 
adjustment. The balance of the amount that would have been 
available for an annual adjustment under section 5303 shall 
be allocated to pay pool funding, for the purpose of increasing 
rates of pay on the basis of employee performance. 
‘‘(8) Each employee of an organizational or functional unit 
of the Department of Defense that is included in the National 
Security Personnel System who receives a performance rating 
above unacceptable or who does not have a current rating 
of record for the most recently completed appraisal period shall 
receive— 
‘‘(A) locality-based comparability payments under sec-
tion 5304 and section 5304a in the same manner and 
to the same extent as employees under the General 
Schedule; or 
‘‘(B) the full measure of any other local market supple-
ment applicable to the employee if locality-based com-
parability payments referred to in subparagraph (A) are 
not generally applicable to the employee. 
Nothing in this paragraph shall be construed to make locality- 
based comparability payments or other local market supple-
ments payable to any category of employees or positions which 
were ineligible for such payments or supplements (as the case 
may be) as of the day before the date of the enactment of 
the National Defense Authorization Act for Fiscal Year 2004. 
‘‘(9) Any rate of pay established or adjusted in accordance 
with the requirements of this section shall be non-negotiable, 
but shall be subject to procedures and appropriate arrange-
ments of paragraphs (2) and (3) of section 7106(b), except 
that nothing in this paragraph shall be construed to eliminate 
the bargaining rights of any category of employees who were 
authorized to negotiate rates of pay as of the day before the 
date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2004. 
‘‘(f) PROVISIONS REGARDING NATIONAL LEVEL BARGAINING.— 
‘‘(1) The Secretary may bargain with a labor organization 
which has been accorded exclusive recognition under chapter 
71 at an organizational level above the level of exclusive rec-
ognition. The decision to bargain above the level of exclusive 
recognition shall not be subject to review. The Secretary shall 
consult with the labor organization before determining the 
appropriate organizational level of bargaining. 
‘‘(2) Any such bargaining shall— 
‘‘(A) address issues that are— 
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122 STAT. 353 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(i) subject to bargaining under chapter 71 and 
this chapter; 
‘‘(ii) applicable to multiple bargaining units; and 
‘‘(iii) raised by either party to the bargaining; 
‘‘(B) except as agreed by the parties or directed through 
an independent dispute resolution process agreed upon by 
the parties, be binding on all affected subordinate bar-
gaining units of the labor organization at the level of rec-
ognition and their exclusive representatives, and the 
Department of Defense and its subcomponents, without 
regard to levels of recognition; 
‘‘(C) to the extent agreed by the parties or directed 
through an independent dispute resolution process agreed 
upon by the parties, supersede conflicting provisions of 
all other collective bargaining agreements of the labor 
organization, including collective bargaining agreements 
negotiated with an exclusive representative at the level 
of recognition; and 
‘‘(D) except as agreed by the parties or directed through 
an independent dispute resolution process agreed upon by 
the parties, not be subject to further negotiations for any 
purpose, including bargaining at the level of recognition. 
‘‘(3) Any independent dispute resolution process agreed to 
by the parties for the purposes of paragraph (2) shall have 
the authority to address all issues on which the parties are 
unable to reach agreement. 
‘‘(4) The National Guard Bureau and the Army and Air 
Force National Guard may be included in coverage under this 
subsection. 
‘‘(5) Any bargaining completed pursuant to this subsection 
with a labor organization not otherwise having national con-
sultation rights with the Department of Defense or its sub-
components shall not create any obligation on the Department 
of Defense or its subcomponents to confer national consultation 
rights on such a labor organization. 
‘‘(g) PROVISIONS RELATED
TO SEPARATION
AND RETIREMENT 
INCENTIVES.— 
‘‘(1) The Secretary may establish a program within the 
Department of Defense under which employees may be eligible 
for early retirement, offered separation incentive pay to sepa-
rate from service voluntarily, or both. This authority may be 
used to reduce the number of personnel employed by the 
Department of Defense or to restructure the workforce to meet 
mission objectives without reducing the overall number of per-
sonnel. This authority is in addition to, and notwithstanding, 
any other authorities established by law or regulation for such 
programs. 
‘‘(2)(A) The Secretary may not authorize the payment of 
voluntary separation incentive pay under paragraph (1) to more 
than 25,000 employees in any fiscal year, except that employees 
who receive voluntary separation incentive pay as a result 
of a closure or realignment of a military installation under 
the Defense Base Closure and Realignment Act of 1990 (title 
XXIX of Public Law 101–510; 10 U.S.C. 2687 note) shall not 
be included in that number. 
‘‘(B) The Secretary shall prepare a report each fiscal year 
setting forth the number of employees who received such pay 
Reports. 
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122 STAT. 354 
PUBLIC LAW 110–181—JAN. 28, 2008 
as a result of a closure or realignment of a military base 
as described under subparagraph (A). 
‘‘(C) The Secretary shall submit the report under subpara-
graph (B) to the Committee on Armed Services and the Com-
mittee on Governmental Affairs of the Senate, and the Com-
mittee on Armed Services and the Committee on Government 
Reform of the House of Representatives. 
‘‘(3) For purposes of this section, the term ‘employee’ means 
an employee of the Department of Defense, serving under an 
appointment without time limitation, except that such term 
does not include— 
‘‘(A) a reemployed annuitant under subchapter III of 
chapter 83 or chapter 84, or another retirement system 
for employees of the Federal Government; 
‘‘(B) an employee having a disability on the basis of 
which such employee is or would be eligible for disability 
retirement under any of the retirement systems referred 
to in subparagraph (A); or 
‘‘(C) for purposes of eligibility for separation incentives 
under this section, an employee who is in receipt of a 
decision notice of involuntary separation for misconduct 
or unacceptable performance. 
‘‘(4) An employee who is at least 50 years of age and 
has completed 20 years of service, or has at least 25 years 
of service, may, pursuant to regulations promulgated under 
this section, apply and be retired from the Department of 
Defense and receive benefits in accordance with chapter 83 
or 84 if the employee has been employed continuously within 
the Department of Defense for more than 30 days before the 
date on which the determination to conduct a reduction or 
restructuring within 1 or more Department of Defense compo-
nents is approved. 
‘‘(5)(A) Separation pay shall be paid in a lump sum or 
in installments and shall be equal to the lesser of — 
‘‘(i) an amount equal to the amount the employee would 
be entitled to receive under section 5595(c), if the employee 
were entitled to payment under such section; or 
‘‘(ii) $25,000. 
‘‘(B) Separation pay shall not be a basis for payment, 
and shall not be included in the computation, of any other 
type of Government benefit. Separation pay shall not be taken 
into account for the purpose of determining the amount of 
any severance pay to which an individual may be entitled 
under section 5595, based on any other separation. 
‘‘(C) Separation pay, if paid in installments, shall cease 
to be paid upon the recipient’s acceptance of employment by 
the Federal Government, or commencement of work under a 
personal services contract as described in paragraph (6). 
‘‘(6)(A) An employee who receives separation pay under 
such program may not be reemployed by the Department of 
Defense for a 12-month period beginning on the effective date 
of the employee’s separation, unless this prohibition is waived 
by the Secretary on a case-by-case basis. 
‘‘(B) An employee who receives separation pay under this 
section on the basis of a separation occurring on or after the 
date of the enactment of the Federal Workforce Restructuring 
Act of 1994 (Public Law 103–226; 108 Stat. 111) and accepts 
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122 STAT. 355 
PUBLIC LAW 110–181—JAN. 28, 2008 
employment with the Government of the United States, or 
who commences work through a personal services contract with 
the United States within 5 years after the date of the separation 
on which payment of the separation pay is based, shall be 
required to repay the entire amount of the separation pay 
to the Department of Defense. If the employment is with an 
Executive agency (as defined by section 105) other than the 
Department of Defense, the Director may, at the request of 
the head of that agency, waive the repayment if the individual 
involved possesses unique abilities and is the only qualified 
applicant available for the position. If the employment is within 
the Department of Defense, the Secretary may waive the repay-
ment if the individual involved is the only qualified applicant 
available for the position. If the employment is with an entity 
in the legislative branch, the head of the entity or the 
appointing official may waive the repayment if the individual 
involved possesses unique abilities and is the only qualified 
applicant available for the position. If the employment is with 
the judicial branch, the Director of the Administrative Office 
of the United States Courts may waive the repayment if the 
individual involved possesses unique abilities and is the only 
qualified applicant available for the position. 
‘‘(7) Under this program, early retirement and separation 
pay may be offered only pursuant to regulations established 
by the Secretary, subject to such limitations or conditions as 
the Secretary may require. 
‘‘(h) PROVISIONS RELATING TO REEMPLOYMENT.— 
‘‘(1) Except as provided under paragraph (2), if an annu-
itant receiving an annuity from the Civil Service Retirement 
and Disability Fund becomes employed in a position within 
the Department of Defense, his annuity shall continue. An 
annuitant so reemployed shall not be considered an employee 
for purposes of subchapter III of chapter 83 or chapter 84. 
‘‘(2)(A) An annuitant retired under section 8336(d)(1) or 
8414(b)(1)(A) receiving an annuity from the Civil Service Retire-
ment and Disability Fund, who becomes employed in a position 
within the Department of Defense after the date of enactment 
of the National Defense Authorization Act for Fiscal Year 2004 
(Public Law 108–136), may elect to be subject to section 8344 
or 8468 (as the case may be). 
‘‘(B) An election for coverage under this paragraph shall 
be filed not later than the later of 90 days after the date 
the Department of Defense— 
‘‘(i) prescribes regulations to carry out this subsection; 
or 
‘‘(ii) takes reasonable actions to notify employees who 
may file an election. 
‘‘(C) If an employee files an election under this paragraph, 
coverage shall be effective beginning on the first day of the 
first applicable pay period beginning on or after the date of 
the filing of the election. 
‘‘(D) Paragraph (1) shall apply to an individual who is 
eligible to file an election under subparagraph (A) and does 
not file a timely election under subparagraph (B). 
‘‘(3) The Secretary shall prescribe regulations to carry out 
this subsection. 
Regulations. 
Applicability. 
Effective date. 
Notification. 
Deadline. 
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122 STAT. 356 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(i) ADDITIONAL PROVISIONS RELATING TO PERSONNEL MANAGE-
MENT.— 
‘‘(1) Subject to the requirements of chapter 71 and the 
limitations in subsection (b)(3), the Secretary of Defense, in 
establishing and implementing the National Security Personnel 
System under subsection (a), shall not be limited by any provi-
sion of this title or any rule or regulation prescribed under 
this title in establishing and implementing regulations relating 
to— 
‘‘(A) the methods of establishing qualification require-
ments for, recruitment for, and appointments to positions; 
and 
‘‘(B) the methods of assigning, reassigning, detailing, 
transferring, or promoting employees. 
‘‘(2) In implementing this subsection, the Secretary shall 
comply with the provisions of section 2302(b)(11), regarding 
veterans’ preference requirements, as provided for in subsection 
(b)(3). 
‘‘(j) PHASE-IN.—The Secretary may not, in any calendar year, 
add any organizational or functional unit to the National Security 
Personnel System which would cause the total number of employees 
added to such System in such year to exceed 100,000.’’. 
(b) IMPLEMENTATION.— 
(1) The requirements of section 9902 of title 5, United 
States Code, as amended by this section, may be implemented 
through rules promulgated jointly by the Secretary of Defense 
and the Director of the Office of Personnel Management after 
notice and opportunity for public comment or through Depart-
ment of Defense rules or internal agency implementing 
issuances. Rules promulgated jointly by the Secretary and the 
Director under this paragraph shall be treated as major rules 
for the purposes of section 801 of title 5, United States Code. 
(2) Both rules and implementing issuances shall be subject 
to collective bargaining consistent with the requirements of 
chapter 71 of title 5, United States Code. Rules promulgated 
jointly by the Secretary of Defense and the Director of the 
Office of Personnel Management after notice and opportunity 
for public comment and in accordance with the requirements 
of section 801 of such title 5 for a major rule shall be treated 
in the same manner as government-wide rules for the purpose 
of such collective bargaining, if such rules are uniformly 
applicable to all organizational or functional units included 
in the National Security Personnel System. 
(3) Any rules and implementing issuances that were 
adopted prior to the date of the enactment of this Act— 
(A) shall be invalid to the extent that they are incon-
sistent with the requirements of section 9902 of title 5, 
United States Code, as amended by this section; 
(B) shall not supersede a collective bargaining agree-
ment that was in place prior to the date on which the 
rule or implementing issuance was promulgated; and 
(C) shall be subject to collective bargaining— 
(i) in the case of rules which are uniformly 
applicable to all organizational or functional units 
included in the National Security Personnel System 
and issued jointly by the Secretary of Defense and 
the Director of the Office of Personnel Management 
Regulations. 
Notification. 
Public comment. 
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122 STAT. 357 
PUBLIC LAW 110–181—JAN. 28, 2008 
pursuant to subsection 9902(f)(1) of title 5, United 
States Code (as in effect prior to the enactment of 
this section), only as to impact and implementation, 
when applied to employees of the Department of 
Defense from any bargaining unit; 
(ii) in the case of any other rules or implementing 
issuances, to the extent provided in chapter 71 of title 
5, United States Code. 
(4) The availability of judicial review of any rules or imple-
menting issuances that were adopted prior to the date of the 
enactment of this Act shall not be affected by the enactment 
of this section. 
(c) COMPTROLLER GENERAL REVIEWS.— 
(1) The Comptroller General shall conduct annual reviews 
in calendar years 2008, 2009 and 2010 of— 
(A) employee satisfaction with the National Security 
Personnel System established pursuant to section 9902 
of title 5, United States Code, as amended by this section; 
and 
(B) the extent to which the Department of Defense 
has effectively implemented accountability mechanisms, 
including those established in section 9902(b)(7) of title 
5, United States Code, and internal safeguards for the 
National Security Personnel System. 
(2) To the extent that the Department of Defense under-
takes internal assessments or employee surveys to assess 
employee satisfaction with the National Security Personnel 
System in any such calendar year, the Comptroller General 
shall— 
(A) determine whether such assessments or surveys 
are appropriately designed and statistically valid; and 
(B) provide an independent evaluation of the results 
of such assessments or surveys. 
(3) To the extent that the Department of Defense does 
not undertake appropriately designed and statistically valid 
employee surveys, the Comptroller General shall conduct such 
a survey and provide an independent evaluation of the results. 
(4) The Comptroller General shall report the results of 
each annual review conducted under this subsection to the 
Committees on Armed Services of the Senate and the House 
of Representatives, the Committee on Homeland Security and 
Governmental Affairs of the Senate, and the Committee on 
Oversight and Government Reform of the House of Representa-
tives. 
SEC. 1107. REQUIREMENT FOR FULL IMPLEMENTATION OF PER-
SONNEL DEMONSTRATION PROJECT. 
(a) REQUIREMENT.—The Secretary of Defense shall take all 
necessary actions to fully implement and use the authorities pro-
vided to the Secretary under section 342(b) of the National Defense 
Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108 
Stat. 2721), as amended by section 1114 of the Floyd D. Spence 
National Defense Authorization Act for Fiscal Year 2001 (as enacted 
into law by Public Law 106–398; 114 Stat. 1654A–315), to carry 
out personnel management demonstration projects at Department 
of Defense laboratories that are exempted by section 9902(c) of 
Reports. 
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122 STAT. 358 
PUBLIC LAW 110–181—JAN. 28, 2008 
title 5, United States Code, from inclusion in the Department of 
Defense National Security Personnel System. 
(b) PROCESS
FOR FULL IMPLEMENTATION.—The Secretary of 
Defense shall also implement a process and implementation plan 
to fully utilize the authorities described in subsection (a) to enhance 
the performance of the missions of the laboratories. 
(c) OTHER LABORATORIES.—Any flexibility available to any dem-
onstration laboratory shall be available for use at any other labora-
tory as enumerated in section 9902(c)(2) of title 5, United States 
Code. 
(d) SUBMISSION
OF LIST
AND DESCRIPTION.—Not later than 
March 1 of each year, beginning with March 1, 2008, the Secretary 
of Defense shall submit to Congress a list and description of the 
demonstration project notices, amendments, and changes requested 
by the laboratories during the preceding calendar year. The list 
shall include all approved and disapproved notices, amendments, 
and changes, and the reasons for disapproval or delay in approval. 
SEC. 1108. AUTHORITY FOR INCLUSION OF CERTAIN OFFICE OF 
DEFENSE RESEARCH AND ENGINEERING POSITIONS IN 
EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC 
AND TECHNICAL PERSONNEL. 
Section 1101(b)(1) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) is 
amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at the end; 
(2) in subparagraph (C), by adding ‘‘and’’ at the end; and 
(3) by adding after subparagraph (C) the following: 
‘‘(D) not more than a total of 10 scientific and 
engineering positions in the Office of the Director of 
Defense Research and Engineering;’’. 
SEC. 1109. PILOT PROGRAM FOR THE TEMPORARY ASSIGNMENT OF 
INFORMATION TECHNOLOGY PERSONNEL TO PRIVATE 
SECTOR ORGANIZATIONS. 
(a) ASSIGNMENT AUTHORITY.—The Secretary of Defense may, 
with the agreement of the private sector organization and the 
Department of Defense employee concerned, arrange for the tem-
porary assignment of such employee to such private sector organiza-
tion under this section. An employee shall be eligible for such 
an assignment only if— 
(1) the employee— 
(A) works in the field of information technology 
management; 
(B) is considered to be an exceptional employee; 
(C) is expected to assume increased information tech-
nology management responsibilities in the future; 
(D) is compensated at not less than the GS–11 level 
(or the equivalent); and 
(E) is serving under a career or career-conditional 
appointment or an appointment of equivalent tenure in 
the excepted service; and 
(2) the proposed assignment meets applicable requirements 
of section 209(b) of the E-Government Act of 2002 (44 U.S.C. 
3501 note). 
(b) AGREEMENTS.—The Secretary of Defense shall provide for 
a written agreement between the Department of Defense and the 
Deadline. 
Plan. 
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122 STAT. 359 
PUBLIC LAW 110–181—JAN. 28, 2008 
employee concerned regarding the terms and conditions of the 
employee’s assignment under this section. The agreement— 
(1) shall require that, upon completion of the assignment, 
the employee will serve in the civil service for a period equal 
to the length of the assignment; and 
(2) shall provide that if the employee fails to carry out 
the agreement, such employee shall be liable to the United 
States for payment of all expenses of the assignment, unless 
that failure was for good and sufficient reason (as determined 
by the Secretary of Defense). 
An amount for which an employee is liable under paragraph (2) 
shall be treated as a debt due the United States. 
(c) TERMINATION.—An assignment under this section may, at 
any time and for any reason, be terminated by the Department 
of Defense or the private sector organization concerned. 
(d) DURATION.—An assignment under this section shall be for 
a period of not less than 3 months and not more than 1 year, 
and may be extended in 3-month increments for a total of not 
more than 1 additional year; however, no assignment under this 
section may commence after September 30, 2010. 
(e) CONSIDERATIONS.—In carrying out this section, the Sec-
retary of Defense— 
(1) shall ensure that, of the assignments made under this 
section each year, at least 20 percent are to small business 
concerns (as defined by section 3703(e)(2)(A) of title 5, United 
States Code); and 
(2) shall take into consideration the question of how assign-
ments under this section might best be used to help meet 
the needs of the Department of Defense with respect to the 
training of employees in information technology management. 
(f) NUMERICAL LIMITATION.—In no event may more than 10 
employees be participating in assignments under this section as 
of any given time. 
(g) REPORTING REQUIREMENT.— 
(1) IN GENERAL.—Not later than 6 months after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the potential benefits 
of a program under which employees specializing in information 
technology may be temporarily assigned from private sector 
organizations to the Department of Defense. 
(2) CONTENTS.—The report shall include— 
(A) a statement of findings and an explanation of the 
bases for those findings; 
(B) an assessment of the laws, rules, and processes 
relating to the prevention of conflicts of interest and abuse 
which would apply to private sector employees during the 
period of their assignment to the Department of Defense, 
and whether they need to be strengthened or otherwise 
changed; 
(C) mechanisms proposed for the governance and over-
sight of the program; and 
(D) recommendations for any legislation which may 
be necessary. 
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122 STAT. 360 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 1110. COMPENSATION FOR FEDERAL WAGE SYSTEM EMPLOYEES 
FOR CERTAIN TRAVEL HOURS. 
Section 5544(a) of title 5, United States Code, is amended 
in clause (iv) (in the third sentence following paragraph (3)), by 
striking 
‘‘administratively.’’ 
and 
inserting 
‘‘administratively 
(including travel by the employee to such event and the return 
of the employee from such event to the employee’s official duty 
station).’’. 
SEC. 1111. TRAVEL COMPENSATION FOR WAGE GRADE PERSONNEL. 
(a) ELIGIBILITY FOR COMPENSATORY TIME OFF FOR TRAVEL.— 
Section 5550b(a) of title 5, United States Code, is amended by 
striking ‘‘section 5542(b)(2),’’ and inserting ‘‘any provision of section 
5542(b)(2) or 5544(a),’’. 
(b) CONFORMING AMENDMENT.—Section 5541(2)(xi) of such title 
is amended by striking ‘‘section 5544’’ and inserting ‘‘section 5544 
or 5550b’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the earlier of— 
(1) the effective date of any regulations prescribed to carry 
out such amendments; or 
(2) the 90th day after the date of the enactment of this 
Act. 
SEC. 1112. ACCUMULATION OF ANNUAL LEAVE BY SENIOR LEVEL 
EMPLOYEES. 
Section 6304(f)(1) of title 5, United States Code, is amended— 
(1) in the matter before subparagraph (A), by striking 
‘‘in a position in—’’ and inserting ‘‘in—’’; 
(2) in subparagraphs (A) through (E), by inserting ‘‘a posi-
tion in’’ before ‘‘the’’; 
(3) in subparagraph (D), by striking ‘‘or’’ at the end; 
(4) in subparagraph (E), by striking the period and 
inserting a semicolon; and 
(5) by adding after subparagraph (E) the following: 
‘‘(F) a position to which section 5376 applies; or 
‘‘(G) a position designated under section 1607(a) of title 
10 as an Intelligence Senior Level position.’’. 
SEC. 1113. UNIFORM ALLOWANCES FOR CIVILIAN EMPLOYEES. 
Section 1593(b) of title 10, United States Code, is amended 
by striking ‘‘$400 per year.’’ and inserting ‘‘$400 per year (or such 
higher maximum amount as the Secretary of Defense may by regu-
lation prescribe).’’. 
SEC. 1114. FLEXIBILITY IN SETTING PAY FOR EMPLOYEES WHO MOVE 
FROM A DEPARTMENT OF DEFENSE OR COAST GUARD 
NONAPPROPRIATED FUND INSTRUMENTALITY POSITION 
TO A POSITION IN THE GENERAL SCHEDULE PAY 
SYSTEM. 
Section 5334(f) of title 5, United States Code, is amended— 
(1) by striking ‘‘(f)’’ and inserting ‘‘(f)(1)’’; 
(2) in the first sentence, by striking ‘‘does not exceed’’ 
and all that follows through ‘‘2105(c).’’ and inserting the fol-
lowing: ‘‘does not exceed— 
‘‘(A) if the highest previous rate of basic pay received by 
that employee during the employee’s service described in section 
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122 STAT. 361 
PUBLIC LAW 110–181—JAN. 28, 2008 
2105(c) is equal to a rate of the appropriate grade, such rate 
of the appropriate grade; 
‘‘(B) if the employee’s highest previous rate of basic pay 
(as described in subparagraph (A)) is between two rates of 
the appropriate grade, the higher of those two rates; or 
‘‘(C) if the employee’s highest previous rate of basic pay 
(as described in subparagraph (A)) exceeds the maximum rate 
of the appropriate grade, the maximum rate of the appropriate 
grade.’’; and 
(3) in the second sentence, by striking ‘‘In the case of’’ 
and inserting the following: 
‘‘(2) In the case of’’. 
SEC. 1115. RETIREMENT SERVICE CREDIT FOR SERVICE AS CADET 
OR MIDSHIPMAN AT A MILITARY SERVICE ACADEMY. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8331(13) of 
title 5, United States Code, is amended by striking ‘‘but’’ and 
inserting ‘‘and includes service as a cadet at the United States 
Military Academy, the United States Air Force Academy, or the 
United States Coast Guard Academy, or as a midshipman at the 
United States Naval Academy, but’’. 
(b) 
FEDERAL
EMPLOYEES’ 
RETIREMENT
SYSTEM.—Section 
8401(31) of such title is amended by striking ‘‘but’’ and inserting 
‘‘and includes service as a cadet at the United States Military 
Academy, the United States Air Force Academy, or the United 
States Coast Guard Academy, or as a midshipman at the United 
States Naval Academy, but’’. 
(c) APPLICABILITY.—The amendments made by this section shall 
apply to— 
(1) any annuity, eligibility for which is based upon a separa-
tion occurring before, on, or after the date of enactment of 
this Act; and 
(2) any period of service as a cadet at the United States 
Military Academy, the United States Air Force Academy, or 
the United States Coast Guard Academy, or as a midshipman 
at the United States Naval Academy, occurring before, on, 
or after the date of enactment of this Act. 
SEC. 1116. AUTHORIZATION FOR INCREASED COMPENSATION FOR FAC-
ULTY AND STAFF OF THE UNIFORMED SERVICES UNIVER-
SITY OF THE HEALTH SCIENCES. 
Section 2113(c) of title 10, United States Code, as redesignated 
by section 954(a)(3) of this Act, is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘(after due consideration by the Sec-
retary)’’ before ‘‘so as’’; and 
(B) by striking ‘‘within the vicinity of the District of 
Columbia’’ and inserting ‘‘identified by the Secretary for 
purposes of this paragraph’’; and 
(2) in paragraph (4)— 
(A) by striking ‘‘section 5373’’ and inserting ‘‘sections 
5307 and 5373’’; and 
(B) by adding at the end the following new sentence: 
‘‘In no event may the total amount of compensation paid 
to an employee under paragraph (1) in any year (including 
salary, allowances, differentials, bonuses, awards, and 
other similar cash payments) exceed the total amount of 
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122 STAT. 362 
PUBLIC LAW 110–181—JAN. 28, 2008 
annual compensation (excluding expenses) specified in sec-
tion 102 of title 3.’’. 
SEC. 1117. REPORT ON ESTABLISHMENT OF A SCHOLARSHIP PROGRAM 
FOR CIVILIAN MENTAL HEALTH PROFESSIONALS. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall, in 
consultation with the Assistant Secretary of Defense for Health 
Affairs and each of the Surgeons General of the Armed Forces, 
submit to Congress a report on the feasibility and advisability 
of establishing a scholarship program for civilian mental health 
professionals. 
(b) ELEMENTS.—The report shall include the following: 
(1) An assessment of a potential scholarship program that 
provides certain educational funding to students seeking a 
career in mental health services in exchange for service in 
the Department of Defense. 
(2) An assessment of current scholarship programs which 
may be expanded to include mental health professionals. 
(3) Recommendations regarding the establishment or 
expansion of scholarship programs for mental health profes-
sionals. 
(4) A plan to implement, or reasons for not implementing, 
recommendations that will increase mental health staffing 
across the Department of Defense. 
TITLE XII—MATTERS RELATING TO 
FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. Military-to-military contacts and comparable activities. 
Sec. 1202. Authority for support of military operations to combat terrorism. 
Sec. 1203. Medical care and temporary duty travel expenses for liaison officers of 
certain foreign nations. 
Sec. 1204. Extension and expansion of Department of Defense authority to partici-
pate in multinational military centers of excellence. 
Sec. 1205. Reauthorization of Commanders’ Emergency Response Program. 
Sec. 1206. Authority to build the capacity of the Pakistan Frontier Corps. 
Sec. 1207. Authority to equip and train foreign personnel to assist in accounting for 
missing United States Government personnel. 
Sec. 1208. Authority to provide automatic identification system data on maritime 
shipping to foreign countries and international organizations. 
Sec. 1209. Report on foreign-assistance related programs carried out by the Depart-
ment of Defense. 
Sec. 1210. Extension and enhancement of authority for security and stabilization 
assistance. 
Sec. 1211. Government Accountability Office report on Global Peace Operations Ini-
tiative. 
Sec. 1212. Repeal of limitations on military assistance under the American 
Servicemembers’ Protection Act of 2002. 
Subtitle B—Matters Relating to Iraq and Afghanistan 
Sec. 1221. Modification of authorities relating to the Office of the Special Inspector 
General for Iraq Reconstruction. 
Sec. 1222. Limitation on availability of funds for certain purposes relating to Iraq. 
Sec. 1223. Report on United States policy and military operations in Iraq. 
Sec. 1224. Report on a comprehensive set of performance indicators and measures 
for progress toward military and political stability in Iraq. 
Sec. 1225. Report on support from Iran for attacks against coalition forces in Iraq. 
Sec. 1226. Sense of Congress on the consequences of a failed state in Iraq. 
Sec. 1227. Sense of Congress on federalism in Iraq. 
Sec. 1228. Tracking and monitoring of defense articles provided to the Government 
of Iraq and other individuals and groups in Iraq. 
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122 STAT. 363 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 1229. Special Inspector General for Afghanistan Reconstruction. 
Sec. 1230. Report on progress toward security and stability in Afghanistan. 
Sec. 1231. United States plan for sustaining the Afghanistan National Security 
Forces. 
Sec. 1232. Report on enhancing security and stability in the region along the bor-
der of Afghanistan and Pakistan. 
Sec. 1233. Reimbursement of certain coalition nations for support provided to 
United States military operations. 
Sec. 1234. Logistical support for coalition forces supporting operations in Iraq and 
Afghanistan. 
Subtitle C—Iraq Refugee Crisis 
Sec. 1241. Short title. 
Sec. 1242. Processing mechanisms. 
Sec. 1243. United States refugee program processing priorities. 
Sec. 1244. Special immigrant status for certain Iraqis. 
Sec. 1245. Senior Coordinator for Iraqi Refugees and Internally Displaced Persons. 
Sec. 1246. Countries with significant populations of Iraqi refugees. 
Sec. 1247. Motion to reopen denial or termination of asylum. 
Sec. 1248. Reports. 
Sec. 1249. Authorization of appropriations. 
Subtitle D—Other Authorities and Limitations 
Sec. 1251. Cooperative opportunities documents under cooperative research and de-
velopment agreements with NATO organizations and other allied and 
friendly foreign countries. 
Sec. 1252. Extension and expansion of temporary authority to use acquisition and 
cross-servicing agreements to lend military equipment for personnel pro-
tection and survivability. 
Sec. 1253. Acceptance of funds from the Government of Palau for costs of United 
States military Civic Action Team in Palau. 
Sec. 1254. Repeal of requirement relating to North Korea. 
Sec. 1255. Justice for Osama bin Laden and other leaders of al Qaeda. 
Sec. 1256. Extension of Counterproliferation Program Review Committee. 
Sec. 1257. Sense of Congress on the Western Hemisphere Institute for Security Co-
operation. 
Sec. 1258. Sense of Congress on Iran. 
Subtitle E—Reports 
Sec. 1261. One-year extension of update on report on claims relating to the bomb-
ing of the Labelle Discotheque. 
Sec. 1262. Report on United States policy toward Darfur, Sudan. 
Sec. 1263. Inclusion of information on asymmetric capabilities in annual report on 
military power of the People’s Republic of China. 
Sec. 1264. Report on application of the Uniform Code of Military Justice to civilians 
accompanying the Armed Forces during a time of declared war or con-
tingency operation. 
Sec. 1265. Report on family reunions between United States citizens and their rel-
atives in North Korea. 
Sec. 1266. Reports on prevention of mass atrocities. 
Sec. 1267. Report on threats to the United States from ungoverned areas. 
Subtitle A—Assistance and Training 
SEC. 1201. MILITARY-TO-MILITARY CONTACTS AND COMPARABLE 
ACTIVITIES. 
Section 168(c) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(9) The assignment of personnel described in paragraph 
(3) or (4) on a non-reciprocal basis if the Secretary of Defense 
determines that such an assignment, rather than an exchange 
of personnel, is in the interests of the United States.’’. 
SEC. 1202. AUTHORITY FOR SUPPORT OF MILITARY OPERATIONS TO 
COMBAT TERRORISM. 
(a) MODIFICATION OF REPORTING REQUIREMENT.—Subsection (f) 
of section 1208 of the Ronald W. Reagan National Defense 
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122 STAT. 364 
PUBLIC LAW 110–181—JAN. 28, 2008 
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 
Stat. 2086–2087) is amended to read as follows: 
‘‘(f) ANNUAL REPORT.— 
‘‘(1) REPORT REQUIRED.—Not later than 120 days after the 
close of each fiscal year during which subsection (a) is in 
effect, the Secretary of Defense shall submit to the congres-
sional defense committees a report on support provided under 
that subsection during that fiscal year. 
‘‘(2) MATTERS TO BE INCLUDED.—Each report required by 
paragraph (1) shall describe the support provided, including— 
‘‘(A) the country involved in the activity, the individual 
or force receiving the support, and, to the maximum extent 
practicable, the specific region of each country involved 
in the activity; 
‘‘(B) the respective dates and a summary of congres-
sional notifications for each activity; 
‘‘(C) the unified commander for each activity, as well 
as the related objectives, as established by that commander; 
‘‘(D) the total amount obligated to provide the support; 
‘‘(E) for each activity that amounts to more than 
$500,000, specific budget details that explain the overall 
funding level for that activity; and 
‘‘(F) a statement providing a brief assessment of the 
outcome of the support, including specific indications of 
how the support furthered the mission objective of special 
operations forces and the types of follow-on support, if 
any, that may be necessary.’’. 
(b) ANNUAL LIMITATION.—Subsection (g) of such section is 
amended— 
(1) in the heading, by striking ‘‘FISCAL YEAR 2005’’ and 
inserting ‘‘ANNUAL’’; and 
(2) by striking ‘‘fiscal year 2005’’ and inserting ‘‘each fiscal 
year during which subsection (a) is in effect’’. 
(c) EXTENSION OF PERIOD OF AUTHORITY.—Subsection (h) of 
such section is amended by striking ‘‘2007’’ and inserting ‘‘2010’’. 
SEC. 1203. MEDICAL CARE AND TEMPORARY DUTY TRAVEL EXPENSES 
FOR LIAISON OFFICERS OF CERTAIN FOREIGN NATIONS. 
(a) AUTHORITY.—Subsection (a) of section 1051a of title 10, 
United States Code, is amended— 
(1) by striking ‘‘involved in a coalition’’ and inserting 
‘‘involved in a military operation’’; and 
(2) by striking ‘‘coalition operation’’ and inserting ‘‘military 
operation’’. 
(b) MEDICAL CARE AND TEMPORARY DUTY TRAVEL EXPENSES.— 
Subsection (b) of such section is amended— 
(1) in the heading, by striking ‘‘AND SUBSISTENCE’’ inserting 
‘‘, SUBSISTENCE, AND MEDICAL CARE’’; 
(2) in paragraph (2), by adding at the end the following: 
‘‘(C) Expenses for medical care at a civilian medical facility 
if— 
‘‘(i) adequate medical care is not available to the liaison 
officer at a local military medical treatment facility; 
‘‘(ii) the Secretary determines that payment of such 
medical expenses is necessary and in the best interests 
of the United States; and 
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122 STAT. 365 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(iii) medical care is not otherwise available to the 
liaison officer pursuant to any treaty or other international 
agreement.’’; and 
(3) by adding at the end the following: 
‘‘(3) The Secretary may pay the mission-related travel 
expenses of a liaison officer described in subsection (a) if such 
travel is in support of the national interests of the United 
States and the commander of the headquarters to which the 
liaison officer is temporarily assigned directs round-trip travel 
from the assigned headquarters to one or more locations.’’. 
(c) DEFINITION.—Subsection (d) of such section is amended— 
(1) by striking ‘‘(d) DEFINITIONS.—’’ and all that follows 
through ‘‘(1) The term’’ and inserting ‘‘(d) DEFINITION.—In this 
section, the term’’; and 
(2) by striking paragraph (2). 
(d) EXPIRATION
OF
AUTHORITY.—Such section is further 
amended by striking subsection (e). 
(e) CONFORMING AND CLERICAL AMENDMENTS.—(1) The heading 
for such section is amended to read as follows: 
‘‘§ 1051a. Liaison officers of certain foreign nations; adminis-
trative services and support; travel, subsistence, 
medical care, and other personal expenses’’. 
(2) The table of sections at the beginning of chapter 53 of 
title 10, United States Code, is amended by striking the item 
relating to section 1051a and inserting the following: 
‘‘1051a. Liaison officers of certain foreign nations; administrative services and sup-
port; travel, subsistence, medical care, and other personal expenses.’’. 
SEC. 1204. EXTENSION AND EXPANSION OF DEPARTMENT OF DEFENSE 
AUTHORITY TO PARTICIPATE IN MULTINATIONAL MILI-
TARY CENTERS OF EXCELLENCE. 
(a) EXTENSION OF AUTHORITY.—Subsection (a) of section 1205 
of the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109–364; 1202 Stat. 2416) is amended by 
striking ‘‘fiscal year 2007’’ and inserting ‘‘fiscal years 2007 and 
2008’’. 
(b) LIMITATION ON AMOUNTS AVAILABLE FOR PARTICIPATION.— 
Subsection (e) of such section is amended by striking paragraph 
(2) and inserting the following new paragraph: 
‘‘(2) LIMITATION ON AMOUNT.—The amount available under 
paragraph (1)(A) for the expenses referred to in that paragraph 
may not exceed— 
‘‘(A) in fiscal year 2007, $3,000,000; and 
‘‘(B) in fiscal year 2008, $5,000,000.’’. 
(c) REPORTS.—Subsection (g) of such section is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘and October 31, 2008,’’ after ‘‘October 
31, 2007,’’; and 
(B) by striking ‘‘fiscal year 2007’’ and inserting ‘‘fiscal 
years 2007 and 2008’’; and 
(2) in paragraph (2)(A), by striking ‘‘during fiscal year 
2007’’ and inserting ‘‘during the preceding fiscal year’’. 
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122 STAT. 366 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 
1205. 
REAUTHORIZATION 
OF 
COMMANDERS’ 
EMERGENCY 
RESPONSE PROGRAM. 
(a) AUTHORITY.—Subsection (a) of section 1202 of the National 
Defense Authorization Act for Fiscal Year 2006 (Public Law 109– 
163; 119 Stat. 3455–3456) is amended— 
(1) in the heading, by striking ‘‘FISCAL YEARS 2006 AND 
2007’’ and inserting ‘‘FISCAL YEARS 2008 AND 2009’’; and 
(2) in the matter preceding paragraph (1)— 
(A) by striking ‘‘fiscal years 2006 and 2007’’ and 
inserting ‘‘fiscal years 2008 and 2009’’; and 
(B) 
by 
striking 
‘‘$500,000,000’’ 
and 
inserting 
‘‘$977,441,000’’. 
(b) QUARTERLY REPORTS.—Subsection (b) of such section is 
amended by striking ‘‘fiscal years 2006 and 2007’’ and inserting 
‘‘fiscal years 2008 and 2009’’. 
SEC. 1206. AUTHORITY TO BUILD THE CAPACITY OF THE PAKISTAN 
FRONTIER CORPS. 
(a) AUTHORITY.—The Secretary of Defense, with the concurrence 
of the Secretary of State, is authorized during fiscal year 2008 
to provide assistance to enhance the ability of the Pakistan Frontier 
Corps to conduct counterterrorism operations along the border 
between Pakistan and Afghanistan. 
(b) TYPES OF ASSISTANCE.— 
(1) AUTHORIZED ELEMENTS.—Assistance under subsection 
(a) may include the provision of equipment, supplies, and 
training. 
(2) REQUIRED ELEMENTS.—Assistance under subsection (a) 
shall be provided in a manner that promotes— 
(A) observance of and respect for human rights and 
fundamental freedoms; and 
(B) respect for legitimate civilian authority within 
Pakistan. 
(c) LIMITATIONS.— 
(1) FUNDING LIMITATION.—The Secretary of Defense may 
use up to $75,000,000 of funds available to the Department 
of Defense for operation and maintenance for fiscal year 2008 
to provide the assistance under subsection (a). 
(2) ASSISTANCE OTHERWISE PROHIBITED BY LAW.—The Sec-
retary of Defense may not use the authority in subsection 
(a) to provide any type of assistance described in subsection 
(b) that is otherwise prohibited by any provision of law. 
(d) CONGRESSIONAL NOTIFICATION.— 
(1) IN GENERAL.—Not less than 15 days before providing 
assistance under subsection (a), the Secretary of Defense shall 
submit to the congressional committees specified in paragraph 
(2) a notice of the following: 
(A) The budget, types of assistance, and completion 
date for providing the assistance under subsection (a). 
(B) The source and planned expenditure of funds for 
the assistance under subsection (a). 
(2) SPECIFIED CONGRESSIONAL COMMITTEES.—The congres-
sional committees specified in this paragraph are the following: 
(A) The Committee on Armed Services, the Committee 
on Foreign Relations, and the Committee on Appropriations 
of the Senate. 
Deadline. 
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122 STAT. 367 
PUBLIC LAW 110–181—JAN. 28, 2008 
(B) The Committee on Armed Services, the Committee 
on Foreign Affairs, and the Committee on Appropriations 
of the House of Representatives. 
SEC. 1207. AUTHORITY TO EQUIP AND TRAIN FOREIGN PERSONNEL 
TO ASSIST IN ACCOUNTING FOR MISSING UNITED STATES 
GOVERNMENT PERSONNEL. 
(a) IN GENERAL.—Chapter 20 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 408. Equipment and training of foreign personnel to assist 
in Department of Defense accounting for missing 
United States Government personnel 
‘‘(a) IN GENERAL.—The Secretary of Defense may provide assist-
ance to any foreign nation to assist the Department of Defense 
with recovery of and accounting for missing United States Govern-
ment personnel. 
‘‘(b) TYPES OF ASSISTANCE.—The assistance provided under sub-
section (a) may include the following: 
‘‘(1) Equipment. 
‘‘(2) Supplies. 
‘‘(3) Services. 
‘‘(4) Training of personnel. 
‘‘(c) APPROVAL BY SECRETARY OF STATE.—Assistance may not 
be provided under this section to any foreign nation unless the 
Secretary of State specifically approves the provision of such assist-
ance. 
‘‘(d) LIMITATION.—The amount of assistance provided under 
this section in any fiscal year may not exceed $1,000,000. 
‘‘(e) CONSTRUCTION WITH OTHER ASSISTANCE.—The authority 
to provide assistance under this section is in addition to any other 
authority to provide assistance to foreign nations under law. 
‘‘(f) ANNUAL REPORTS.—(1) Not later than December 31 each 
year, the Secretary of Defense shall submit to the congressional 
defense committees a report on the assistance provided under this 
section during the fiscal year ending in such year. 
‘‘(2) Each report under paragraph (1) shall include, for the 
fiscal year covered by such report, the following: 
‘‘(A) A listing of each foreign nation provided assistance 
under this section. 
‘‘(B) For each nation so provided assistance, a description 
of the type and amount of such assistance.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 20 of such title is amended by adding at the 
end the following new item: 
‘‘408. Equipment and training of foreign personnel to assist in Department of De-
fense accounting for missing United States Government personnel.’’. 
SEC. 1208. AUTHORITY TO PROVIDE AUTOMATIC IDENTIFICATION 
SYSTEM DATA ON MARITIME SHIPPING TO FOREIGN 
COUNTRIES AND INTERNATIONAL ORGANIZATIONS. 
(a) AUTHORITY TO PROVIDE DATA.—The Secretary of Defense, 
with the concurrence of the Secretary of State, may authorize 
the Secretary of a military department or a commander of a combat-
ant command to exchange or furnish automatic identification system 
data broadcast by merchant or private ships and collected by the 
United States to a foreign country or international organization 
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122 STAT. 368 
PUBLIC LAW 110–181—JAN. 28, 2008 
pursuant to an agreement for the exchange or production of such 
data. Such data may be transferred pursuant to this section without 
cost to the recipient country or international organization. 
(b) DEFINITIONS.—In this section: 
(1) AUTOMATIC IDENTIFICATION SYSTEM.—The term ‘‘auto-
matic identification system’’ means a system that is used to 
satisfy the requirements of the Automatic Identification System 
under the International Convention for the Safety of Life at 
Sea, signed at London on November 1, 1974 (TIAS 9700). 
(2) GEOGRAPHIC COMBATANT COMMANDER.—The term ‘‘com-
mander of a combatant command’’ means a commander of 
a combatant command (as such term is defined in section 
161(c) of title 10, United States Code) with a geographic area 
of responsibility. 
SEC. 1209. REPORT ON FOREIGN-ASSISTANCE RELATED PROGRAMS 
CARRIED OUT BY THE DEPARTMENT OF DEFENSE. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the appropriate congressional committees a report that specifies, 
on a country-by-country basis, each foreign-assistance related pro-
gram carried out by the Department of Defense during the prior 
fiscal year under the authorities described in subsection (b). 
(b) MATTERS TO BE INCLUDED.—The report required under 
subsection (a) shall include— 
(1) a description of the dollar amount, type of support, 
and purpose of each foreign–assistance related program carried 
out by the Department of Defense under— 
(A) section 1206 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3456), relating to authority to build the capacity of foreign 
military forces; 
(B) section 1207 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3458), relating to authority to provide security and sta-
bilization assistance to foreign countries; 
(C) section 1208 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3459), relating to authority to reimburse certain coalition 
nations for support provided to United States military oper-
ations; 
(D) section 1033 of the National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 
1881), relating to authority to provide additional support 
for counter-drug activities of Peru and Colombia; 
(E) section 1004 of the National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 
374 note), relating to additional support for counter-drug 
activities; 
(F) section 127d of title 10, United States Code, relating 
to authority to provide logistic support, supplies, and serv-
ices to allied forces participating in a combined operation 
with the Armed Forces; 
(G) section 2249c of title 10, United States Code, 
relating to authority to use appropriated funds for costs 
associated with education and training of foreign officials 
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122 STAT. 369 
PUBLIC LAW 110–181—JAN. 28, 2008 
under the Regional Defense Combating Terrorism Fellow-
ship Program; and 
(H) section 2561 of title 10, United States Code, 
relating to authority to provide humanitarian assistance; 
and 
(2) a description of each foreign-assistance related program 
that the Department of Defense undertakes or implements 
on behalf of any other department or agency of the United 
States Government, including programs under the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and the Arms 
Export Control Act (22 U.S.C. 2751 et seq.). 
(c) FORM.—The report required under subsection (a) shall be 
submitted in unclassified form, but may contain a classified annex. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Appropriations, the Committee on 
Armed Services, and the Committee on Foreign Affairs of the 
House of Representatives; and 
(2) the Committee on Appropriations, the Committee on 
Armed Services, and the Committee on Foreign Relations of 
the Senate. 
SEC. 1210. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR SECU-
RITY AND STABILIZATION ASSISTANCE. 
(a) PROGRAM FOR ASSISTANCE.—Section 1207 of the National 
Defense Authorization Act for Fiscal Year 2006 (Public Law 109– 
163; 119 Stat. 3458) is amended— 
(1) by redesignating subsections (d), (e), and (f) as sub-
sections (e), (f), and (g), respectively; and 
(2) by inserting after subsection (c) the following: 
‘‘(d) FORMULATION
AND IMPLEMENTATION
OF PROGRAM
FOR 
ASSISTANCE.—The Secretary of State shall coordinate with the Sec-
retary of Defense in the formulation and implementation of a pro-
gram of reconstruction, security, or stabilization assistance to a 
foreign country that involves the provision of services or transfer 
of defense articles or funds under subsection (a).’’. 
(b) ONE-YEAR EXTENSION.—Subsection (g) of such section, as 
redesignated by subsection (a) of this section, is amended by striking 
‘‘September 30, 2007’’ and inserting ‘‘September 30, 2008’’. 
SEC. 1211. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON 
GLOBAL PEACE OPERATIONS INITIATIVE. 
(a) REPORT REQUIRED.—Not later than June 1, 2008, the Comp-
troller General of the United States shall submit to the congres-
sional defense committees, the Committee on Foreign Relations 
of the Senate, and the Committee on Foreign Affairs of the House 
of Representatives a report assessing the Global Peace Operations 
Initiative. 
(b) CONTENT.—The report required under subsection (a) shall 
include the following: 
(1) An assessment of whether, and to what extent, the 
Global Peace Operations Initiative has met the goals set by 
the President at the inception of the program in 2004. 
(2) Which goals, if any, remain unfulfilled. 
(3) A description of activities conducted by each member 
state of the Group of Eight (G–8), including the approximate 
cost of the activities, and the approximate percentage of the 
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122 STAT. 370 
PUBLIC LAW 110–181—JAN. 28, 2008 
total monetary value of the activities conducted by each G– 
8 member, including the United States, as well as efforts by 
the President to seek contributions or participation by other 
G–8 members. 
(4) A description of any activities conducted by non-G– 
8 members, or other organizations and institutions, as well 
as any efforts by the President to solicit contributions or partici-
pation. 
(5) A description of the extent to which the Global Peace 
Operations Initiative has had global participation. 
(6) A description of the administration of the program 
by the Department of State and Department of Defense, 
including— 
(A) whether each Department should concentrate 
administration in one office or bureau, and if so, which 
one; 
(B) the extent to which the two Departments coordinate 
and the quality of their coordination; and 
(C) the extent to which contractors are used and an 
assessment of the quality and timeliness of the results 
achieved by the contractors, and whether the United States 
Government might have achieved similar or better results 
without contracting out functions. 
(7) A description of the metrics, if any, that are used 
by the President and the G–8 to measure progress in 
implementation of the Global Peace Operations Initiative, 
including— 
(A) assessments of the quality and sustainability of 
the training of individual soldiers and units; 
(B) the extent to which the G–8 and participating 
countries maintain records or databases of trained individ-
uals and units and conduct inspections to measure and 
monitor the continued readiness of such individuals and 
units; 
(C) the extent to which the individuals and units are 
equipped and remain equipped to deploy in peace oper-
ations; and 
(D) the extent to which, the timeline by which, and 
how individuals and units can be mobilized for peace oper-
ations. 
(8) The extent to which, the timeline by which, and how 
individuals and units can be and are being deployed to peace 
operations. 
(9) An assessment of whether individuals and units trained 
under the Global Peace Operations Initiative have been utilized 
in peace operations subsequent to receiving training under 
the Initiative, whether they will be deployed to upcoming oper-
ations in Africa and elsewhere, and the extent to which such 
individuals and units would be prepared to deploy and partici-
pate in such peace operations. 
(10) Recommendations as to whether participation in the 
Global Peace Operations Initiative should require reciprocal 
participation by countries in peace operations. 
(11) Any additional measures that could be taken to 
enhance the effectiveness of the Global Peace Operations Initia-
tive in terms of— 
(A) achieving its stated goals; and 
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122 STAT. 371 
PUBLIC LAW 110–181—JAN. 28, 2008 
(B) ensuring that individuals and units trained as part 
of the Initiative are regularly participating in peace oper-
ations. 
(c) FORM.—To the maximum extent practicable, the report 
required under subsection (a) shall be submitted in unclassified 
form, but may include a classified annex, if necessary. 
SEC. 1212. REPEAL OF LIMITATIONS ON MILITARY ASSISTANCE UNDER 
THE AMERICAN SERVICEMEMBERS’ PROTECTION ACT OF 
2002. 
(a) REPEAL OF LIMITATIONS.—Section 2007 of the American 
Servicemembers’ Protection Act of 2002 (22 U.S.C. 7426) is repealed. 
(b) CONFORMING AMENDMENTS.—Such Act is further amended— 
(1) in section 2003 (22 U.S.C. 7422)— 
(A) in subsection (a)— 
(i) in the heading, by striking ‘‘SECTIONS 5 AND 
7’’ and inserting ‘‘SECTION 2005’’; and 
(ii) by striking ‘‘sections 2005 and 2007’’ and 
inserting ‘‘section 2005’’; 
(B) in subsection (b)— 
(i) in the heading, by striking ‘‘SECTIONS 5 AND 
7’’ and inserting ‘‘SECTION 2005’’; and 
(ii) by striking ‘‘sections 2005 and 2007’’ and 
inserting ‘‘section 2005’’; 
(C) in subsection (c)(2)(A), by striking ‘‘sections 2005 
and 2007’’ and inserting ‘‘section 2005’’; 
(D) in subsection (d), by striking ‘‘sections 2005 and 
2007’’ and inserting ‘‘section 2005’’; and 
(E) in subsection (e), by striking ‘‘2006, and 2007’’ 
and inserting ‘‘and 2006’’; and 
(2) in section 2013 (22 U.S.C. 7432), by striking paragraph 
(13). 
Subtitle B—Matters Relating to Iraq and 
Afghanistan 
SEC. 1221. MODIFICATION OF AUTHORITIES RELATING TO THE OFFICE 
OF THE SPECIAL INSPECTOR GENERAL FOR IRAQ 
RECONSTRUCTION. 
(a) PURPOSES.—Subsection (a)(1) of section 3001 of the Emer-
gency Supplemental Appropriations Act for Defense and for the 
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108– 
106; 117 Stat. 1234–1238; 5 U.S.C. App., note to section 8G of 
Public Law 95–452) is amended by striking ‘‘to the Iraq Relief 
and Reconstruction Fund’’ and inserting ‘‘for the reconstruction 
of Iraq’’. 
(b) ASSISTANT INSPECTORS GENERAL.—Subsection (d)(1) of such 
section is amended by striking ‘‘the Iraq Relief and Reconstruction 
Fund’’ and inserting ‘‘amounts appropriated or otherwise made 
available for the reconstruction of Iraq’’. 
(c) SUPERVISION.—Subsection (e)(2) of such section is amended 
by striking ‘‘the Iraq Relief and Reconstruction Fund’’ and inserting 
‘‘amounts appropriated or otherwise made available for the 
reconstruction of Iraq’’. 
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122 STAT. 372 
PUBLIC LAW 110–181—JAN. 28, 2008 
(d) DUTIES.—Subsection (f)(1) of such section is amended by 
striking ‘‘to the Iraq Relief and Reconstruction Fund’’ and inserting 
‘‘for the reconstruction of Iraq’’. 
(e) PERSONNEL, FACILITIES, AND
OTHER
RESOURCES.—Sub-
section (h) of such section is amended— 
(1) in paragraph (1), by inserting after ‘‘pay rates’’ the 
following: ‘‘, and may exercise the authorities of subsections 
(b) through (i) of section 3161 of title 5, United States Code 
(without regard to subsection (a) of such section)’’; and 
(2) in paragraph (3), by striking ‘‘my enter’’ and inserting 
‘‘may enter’’. 
(f) REPORTS.—Subsection (i) of such section is amended by 
striking ‘‘to the Iraq Relief and Reconstruction Fund’’ each place 
it appears and inserting ‘‘for the reconstruction of Iraq’’. 
(g) DEFINITIONS.—Subsection (m) of such section is amended— 
(1) in the heading, by striking ‘‘APPROPRIATE COMMITTEES 
OF CONGRESS DEFINED’’ and inserting ‘‘DEFINITIONS’’; 
(2) by striking ‘‘In this section, the term’’ and inserting 
the following: ‘‘In this section— 
‘‘(1) the term’’; 
(3) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively; 
(4) in paragraph (1)(B) (as redesignated by paragraph (3) 
of this subsection), by striking ‘‘and International Relations’’ 
and inserting ‘‘Foreign Affairs, and Oversight and Government 
Reform’’; 
(5) by striking the period at the end and inserting ‘‘; and’’; 
and 
(6) by adding at the end the following: 
‘‘(2) the term ‘amounts appropriated or otherwise made 
available for the reconstruction of Iraq’ means amounts appro-
priated or otherwise made available for any fiscal year— 
‘‘(A) to the Iraq Relief and Reconstruction Fund, the 
Iraq Security Forces Fund, and the Commanders’ Emer-
gency Response Program authorized under section 1202 
of the National Defense Authorization for Fiscal Year 2006 
(Public Law 109–163; 119 Stat. 3455–3456); or 
‘‘(B) for assistance for the reconstruction of Iraq 
under— 
‘‘(i) the Economic Support Fund authorized under 
chapter 4 of part II of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2346 et seq.); 
‘‘(ii) the International Narcotics Control and Law 
Enforcement account authorized under section 481 of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2291); 
or 
‘‘(iii) any other provision of law.’’. 
(h) TERMINATION DATE.—Subsection (o) of such section is 
amended— 
(1) in paragraph (1), to read as follows: 
‘‘(1) The Office of the Inspector General shall terminate 180 
days after the date on which amounts appropriated or otherwise 
made available for the reconstruction of Iraq that are unexpended 
are less than $250,000,000.’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘funds deemed to be’’; and 
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122 STAT. 373 
PUBLIC LAW 110–181—JAN. 28, 2008 
(B) by striking ‘‘to the Iraq Relief and Reconstruction 
Fund’’ and inserting ‘‘for the reconstruction of Iraq’’. 
SEC. 1222. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN 
PURPOSES RELATING TO IRAQ. 
No funds appropriated pursuant to an authorization of appro-
priations in this Act may be obligated or expended for a purpose 
as follows: 
(1) To establish any military installation or base for the 
purpose of providing for the permanent stationing of United 
States Armed Forces in Iraq. 
(2) To exercise United States control of the oil resources 
of Iraq. 
SEC. 1223. REPORT ON UNITED STATES POLICY AND MILITARY OPER-
ATIONS IN IRAQ. 
(a) REPORT.— 
(1) IN
GENERAL.—Subsection (c) of section 1227 of the 
National Defense Authorization Act for Fiscal Year 2006 (Public 
Law 109–163; 119 Stat. 3465; 50 U.S.C. 1541 note) is 
amended— 
(A) in paragraph (2), by striking ‘‘Iraq.’’ and inserting 
the following: ‘‘Iraq, including— 
‘‘(A) enacting a broadly-accepted hydrocarbon law that 
equitably shares revenue among all Iraqis; 
‘‘(B) adopting laws necessary for the conduct of provin-
cial and local elections, taking steps to implement such 
laws, and setting a schedule to conduct provincial and 
local elections; 
‘‘(C) reforming current laws governing the de- 
Baathification process in a manner that encourages 
national reconciliation; 
‘‘(D) amending the Constitution of Iraq in a manner 
that encourages national reconciliation; 
‘‘(E) allocating and beginning expenditure of $10 billion 
in Iraqi revenues for reconstruction projects, including 
delivery of essential services, and implementing such 
reconstruction projects on an equitable basis; and 
‘‘(F) making significant efforts to plan and implement 
disarmament, demobilization, and reintegration programs 
relating to Iraqi militias.’’; 
(B) by striking paragraph (3) and inserting the fol-
lowing: 
‘‘(3) A detailed description of the Joint Campaign Plan, 
or any subsequent revisions, updates, or documents that replace 
or supersede the Joint Campaign Plan, including goals, phases, 
or other milestones contained in the Joint Campaign Plan. 
Specifically, the description shall include the following: 
‘‘(A) An explanation of conditions required to move 
through phases of the Joint Campaign Plan, in particular 
those conditions that must be met in order to provide 
for the transition of additional security responsibility to 
the Iraqi Security Forces, and the measurements used to 
determine progress. 
‘‘(B) An assessment of which conditions in the Joint 
Campaign Plan have been achieved and which conditions 
have not been achieved. The assessment of those conditions 
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122 STAT. 374 
PUBLIC LAW 110–181—JAN. 28, 2008 
that have not been achieved shall include a discussion 
of the factors that have precluded progress. 
‘‘(C) A description of any companion or equivalent plan 
of the Government of Iraq used to measure progress for 
Iraqi Security Forces undertaking joint operations with 
Coalition Forces.’’; and 
(C) by adding at the end the following: 
‘‘(7) An assessment of the levels of United States Armed 
Forces required in Iraq for the six-month period following the 
date of the report, the missions to be undertaken by the Armed 
Forces in Iraq for such period, and the incremental costs or 
savings of any proposed changes to such levels or missions. 
‘‘(8) A description of the range of conditions that could 
prompt changes to the levels of United States Armed Forces 
required in Iraq for the six-month period following the date 
of the report or the missions to be undertaken by the Armed 
Forces in Iraq for such period, including the status of planning 
for such changes to the levels or missions of the Armed Forces 
in Iraq.’’. 
(2) EFFECTIVE DATE.—The amendments made by paragraph 
(1) shall apply with respect to each report required to be sub-
mitted to Congress under section 1227(c) of the National 
Defense Authorization Act for Fiscal Year 2006 on or after 
the date of the enactment of this Act. 
(b) CONGRESSIONAL BRIEFINGS REQUIRED.—Such section is fur-
ther amended by adding at the end the following: 
‘‘(d) CONGRESSIONAL BRIEFINGS REQUIRED.—Not later than 30 
days after the submission of the first report under subsection (c) 
on or after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2008, the Secretary of Defense 
and the Chairman of the Joint Chiefs of Staff shall meet with 
the congressional defense committees to brief such committees on 
the matters described in paragraphs (7) and (8) of subsection (c) 
contained in the report. Not later than 30 days after the submission 
of each subsequent report under subsection (c), appropriate senior 
officials of the Department of Defense shall meet with the congres-
sional defense committees to brief such committees on the matters 
described in paragraphs (7) and (8) of subsection (c) contained 
in the report.’’. 
SEC. 1224. REPORT ON A COMPREHENSIVE SET OF PERFORMANCE 
INDICATORS AND MEASURES FOR PROGRESS TOWARD 
MILITARY AND POLITICAL STABILITY IN IRAQ. 
(a) REPORT.—Section 9010(c) of the Department of Defense 
Appropriations Act, 2007 (division A of Public Law 109–289; 120 
Stat. 1307) is amended— 
(1) in paragraph (1)(B)— 
(A) by striking ‘‘and trends’’ and inserting ‘‘trends’’; 
and 
(B) by adding at the end before the period the following: 
‘‘, and progress made in the transition of responsibility 
for the security of Iraqi provinces to the Iraqi Security 
Forces under the Provincial Iraqi Control (PIC) process’’; 
and 
(2) in paragraph (2)— 
Deadlines. 
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122 STAT. 375 
PUBLIC LAW 110–181—JAN. 28, 2008 
(A) in subparagraph (C)(i), by adding at the end before 
the semicolon the following: ‘‘, without any support from 
Coalition Forces’’; 
(B) by redesignating subparagraphs (D) through (J) 
as subparagraphs (F) through (L), respectively; 
(C) by inserting after subparagraph (C) the following: 
‘‘(D) The amount and type of support provided by Coali-
tion Forces to the Iraqi Security Forces at each level of 
operational readiness. 
‘‘(E) The number of Iraqi battalions in the Iraqi Army 
currently conducting operations and the type of operations 
being conducted.’’; 
(D) by redesignating subparagraphs (H) through (L) 
(as redesignated by subparagraph (B) of this paragraph) 
as subparagraphs (I) through (M), respectively; 
(E) by inserting after subparagraph (G) (as redesig-
nated by subparagraph (B) of this paragraph) the following: 
‘‘(H) The level and effectiveness of the Iraqi Security 
Forces under the Ministry of Defense in provinces where 
the United States has formally transferred responsibility 
for the security of the province to the Iraqi Security Forces 
under the Provincial Iraqi Control (PIC) process.’’; and 
(F) in subparagraph (I) (as redesignated by subpara-
graphs (B) and (D) of this paragraph)— 
(i) in clause (iv), by striking ‘‘and’’ at the end; 
(ii) in clause (v), by striking the period at the 
end and inserting ‘‘; and’’; and 
(iii) by adding at the end the following: 
‘‘(vi) the level and effectiveness of the Iraqi Police 
and other Ministry of Interior Forces in provinces 
where the United States has formally transferred 
responsibility for the security of the province to the 
Iraqi Security Forces under the Provincial Iraqi Control 
(PIC) process.’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall apply with respect to each report required to be submitted 
to Congress under section 9010 of the Department of Defense Appro-
priations Act, 2007 on or after the date of the enactment of this 
Act. 
SEC. 1225. REPORT ON SUPPORT FROM IRAN FOR ATTACKS AGAINST 
COALITION FORCES IN IRAQ. 
(a) REPORT REQUIRED.—Not later than 60 days after the date 
of the enactment of this Act, and every 180 days thereafter, the 
Secretary of Defense, in coordination with the Director of National 
Intelligence, shall submit to the congressional defense committees 
a report describing and assessing in detail— 
(1) any support or direction provided to anti-coalition forces 
in Iraq by the Government of Iran or its agents; 
(2) the strategy and ambitions in Iraq of the Government 
of Iran; and 
(3) any strategy or efforts by the United States Government 
to counter the activities of agents of the Government of Iran 
in Iraq. 
(b) FORM.—Each report required under subsection (a) shall 
be submitted in unclassified form, to the maximum extent prac-
ticable, but may contain a classified annex, if necessary. 
Applicability. 
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122 STAT. 376 
PUBLIC LAW 110–181—JAN. 28, 2008 
(c) TERMINATION.—The requirement to submit reports under 
subsection (a) shall terminate on the date on which the Secretary 
of Defense, in coordination with the Director of National Intel-
ligence, submits to the congressional defense committees a certifi-
cation in writing that the Government of Iran has ceased to provide 
military support to anti-coalition forces that conduct attacks against 
coalition forces in Iraq. 
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to authorize or otherwise speak to the use of the Armed 
Forces against Iran. 
SEC. 1226. SENSE OF CONGRESS ON THE CONSEQUENCES OF A FAILED 
STATE IN IRAQ. 
It is the sense of Congress that— 
(1) a failed state in Iraq will have a negative impact on 
the Middle East and United States interests in the region; 
and 
(2) the United States should pursue strategies to prevent 
a failed state in Iraq or to contain the negative effects of 
a failed state in Iraq. 
SEC. 1227. SENSE OF CONGRESS ON FEDERALISM IN IRAQ. 
It is the sense of Congress that— 
(1) policies supported by the United States in the pursuit 
of a political settlement in Iraq should be consistent with the 
wishes of the Iraqi people and should not violate the sovereignty 
of the nation of Iraq; 
(2) if the Iraqi people support a political settlement in 
Iraq based on the final provisions of the Constitution of Iraq 
that create a federal system of government and allow for the 
creation of federal regions, consistent with the wishes of the 
Iraqi people and their elected leaders, the United States should 
actively support such a political settlement in Iraq; 
(3) the active support referred to in paragraph (2) should 
include— 
(A) calling on the international community, including 
countries with troops in Iraq, the permanent 5 members 
of the United Nations Security Council, members of the 
Gulf Cooperation Council, and Iraq’s neighbors— 
(i) to support an Iraqi political settlement based 
on federalism; 
(ii) to acknowledge the sovereignty and territorial 
integrity of Iraq; and 
(iii) to fulfill commitments for the urgent delivery 
of significant assistance and debt relief to Iraq, espe-
cially those made by the member states of the Gulf 
Cooperation Council; and 
(B) convening a conference for Iraqis to reach an agree-
ment on a comprehensive political settlement based on 
the federalism law approved by the Iraqi Parliament on 
October 11, 2006; 
(4) the United States should urge the Government of Iraq 
to quickly agree upon and implement a law providing for the 
equitable distribution of oil revenues, which is a critical compo-
nent of a comprehensive political settlement in Iraq, including 
a potential settlement based upon federalism; 
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122 STAT. 377 
PUBLIC LAW 110–181—JAN. 28, 2008 
(5) the steps described in paragraphs (2), (3), and (4) could 
lead to an Iraq that is stable, not a haven for terrorists, and 
not a threat to its neighbors; 
(6) in pursuit of a political settlement in Iraq, whether 
based on federalism or not, the United States should call on 
Iraq’s neighbors to pledge not to militarily intervene in or 
destabilize Iraq; and 
(7) nothing in this Act should be construed in any way 
to infringe on the sovereign rights of the nation of Iraq or 
to imply that the United States wishes to impose a political 
settlement in Iraq based on federalism if such a political settle-
ment is contrary to the wishes of the Iraqi people. 
SEC. 1228. TRACKING AND MONITORING OF DEFENSE ARTICLES PRO-
VIDED TO THE GOVERNMENT OF IRAQ AND OTHER 
INDIVIDUALS AND GROUPS IN IRAQ. 
(a) EXPORT AND TRANSFER CONTROL POLICY.—The President 
shall implement a policy to control the export and transfer of 
defense articles into Iraq, including implementation of the registra-
tion and monitoring system under subsection (c). 
(b) REQUIREMENT
TO
IMPLEMENT
CONTROL
SYSTEM.—No 
defense articles may be provided to the Government of Iraq or 
any other group, organization, citizen, or resident of Iraq until 
the President certifies to the specified congressional committees 
that a registration and monitoring system meeting the requirements 
set forth in subsection (c) has been established. 
(c) REGISTRATION AND MONITORING SYSTEM.—The registration 
and monitoring system required under this subsection shall 
include— 
(1) the registration of the serial numbers of all small arms 
to be provided to the Government of Iraq or to other groups, 
organizations, citizens, or residents of Iraq; 
(2) a program of end-use monitoring of all lethal defense 
articles provided to such entities or individuals; and 
(3) a detailed record of the origin, shipping, and distribution 
of all defense articles transferred under the Iraq Security Forces 
Fund or any other security assistance program to such entities 
or individuals. 
(d) REVIEW; EXEMPTION.— 
(1) REVIEW.—The President shall periodically review the 
items subject to the registration and monitoring requirements 
under subsection (c) to determine what items, if any, should 
no longer be subject to such registration and monitoring 
requirements. The President shall transmit to the specified 
congressional committees the results of each review conducted 
under this paragraph. 
(2) EXEMPTION.—The President may exempt an item from 
the registration and monitoring requirements under subsection 
(c) beginning on the date that is 30 days after the date on 
which the President provides notice of the proposed exemption 
to the specified congressional committees in accordance with 
the procedures applicable to reprogramming notifications under 
section 634A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2394–1(a)). Such notice shall describe any controls to be 
imposed on such item under any other provision of law. 
(e) DEFINITIONS.—In this section: 
Notification. 
Certification. 
President. 
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122 STAT. 378 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) DEFENSE ARTICLE.—The term ‘‘defense article’’ has the 
meaning given the term in section 644(d) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2403(d)). 
(2) SMALL ARMS.—The term ‘‘small arms’’ means— 
(A) handguns; 
(B) shoulder-fired weapons; 
(C) light automatic weapons up to and including .50 
caliber machine guns; 
(D) recoilless rifles up to and including 106mm; 
(E) mortars up to and including 81mm; 
(F) rocket launchers, man-portable; 
(G) grenade launchers, rifle and shoulder fired; and 
(H) individually-operated weapons which are portable 
or can be fired without special mounts or firing devices 
and which have potential use in civil disturbances and 
are vulnerable to theft. 
(3) SPECIFIED
CONGRESSIONAL
COMMITTEES.—The term 
‘‘specified congressional committees’’ means— 
(A) the Committee on Foreign Affairs and the Com-
mittee on Armed Services of the House of Representatives; 
and 
(B) the Committee on Foreign Relations, the Com-
mittee on Armed Services, and the Committee on Banking, 
Housing, and Urban Affairs of the Senate. 
(f) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in paragraph (2), this 
section shall take effect 180 days after the date of the enactment 
of this Act. 
(2) EXCEPTION.—The President may delay the effective date 
of this section by an additional period of up to 90 days if 
the President certifies in writing to the specified congressional 
committees for such additional period that it is in the vital 
interest of the United States to do so and includes in the 
certification a description of such vital interest. 
SEC. 
1229. 
SPECIAL 
INSPECTOR 
GENERAL 
FOR 
AFGHANISTAN 
RECONSTRUCTION. 
(a) PURPOSES.—The purposes of this section are as follows: 
(1) To provide for the independent and objective conduct 
and supervision of audits and investigations relating to the 
programs and operations funded with amounts appropriated 
or otherwise made available for the reconstruction of Afghani-
stan. 
(2) To provide for the independent and objective leadership 
and coordination of, and recommendations on, policies designed 
to— 
(A) promote economy efficiency, and effectiveness in 
the administration of the programs and operations 
described in paragraph (1); and 
(B) prevent and detect waste, fraud, and abuse in 
such programs and operations. 
(3) To provide for an independent and objective means 
of keeping the Secretary of State and the Secretary of Defense 
fully and currently informed about problems and deficiencies 
relating to the administration of such programs and operations 
and the necessity for and progress on corrective action. 
President. 
Certification. 
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122 STAT. 379 
PUBLIC LAW 110–181—JAN. 28, 2008 
(b) OFFICE OF INSPECTOR GENERAL.—There is hereby estab-
lished the Office of the Special Inspector General for Afghanistan 
Reconstruction to carry out the purposes of subsection (a). 
(c) APPOINTMENT OF INSPECTOR GENERAL; REMOVAL.— 
(1) APPOINTMENT.—The head of the Office of the Special 
Inspector General for Afghanistan Reconstruction is the Special 
Inspector General for Afghanistan Reconstruction (in this sec-
tion referred to as the ‘‘Inspector General’’), who shall be 
appointed by the President. The President may appoint the 
Special Inspector General for Iraq Reconstruction to serve as 
the Special Inspector General for Afghanistan Reconstruction, 
in which case the Special Inspector General for Iraq Reconstruc-
tion shall have all of the duties, responsibilities, and authorities 
set forth under this section with respect to such appointed 
position for the purpose of carrying out this section. 
(2) QUALIFICATIONS.—The appointment of the Inspector 
General shall be made solely on the basis of integrity and 
demonstrated ability in accounting, auditing, financial analysis, 
law, management analysis, public administration, or investiga-
tions. 
(3) DEADLINE FOR APPOINTMENT.—The appointment of an 
individual as Inspector General shall be made not later than 
30 days after the date of the enactment of this Act. 
(4) COMPENSATION.—The annual rate of basic pay of the 
Inspector General shall be the annual rate of basic pay provided 
for positions at level IV of the Executive Schedule under section 
5315 of title 5, United States Code. 
(5) PROHIBITION ON POLITICAL ACTIVITIES.—For purposes 
of section 7324 of title 5, United States Code, the Inspector 
General shall not be considered an employee who determines 
policies to be pursued by the United States in the nationwide 
administration of Federal law. 
(6) REMOVAL.—The Inspector General shall be removable 
from office in accordance with the provisions of section 3(b) 
of the Inspector General Act of 1978 (5 U.S.C. App.). 
(d) ASSISTANT INSPECTORS GENERAL.—The Inspector General 
shall, in accordance with applicable laws and regulations governing 
the civil service— 
(1) appoint an Assistant Inspector General for Auditing 
who shall have the responsibility for supervising the perform-
ance of auditing activities relating to programs and operations 
supported by amounts appropriated or otherwise made avail-
able for the reconstruction of Afghanistan; and 
(2) appoint an Assistant Inspector General for Investiga-
tions who shall have the responsibility for supervising the 
performance of investigative activities relating to such pro-
grams and operations. 
(e) SUPERVISION.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Inspector General shall report directly to, and be under the 
general supervision of, the Secretary of State and the Secretary 
of Defense. 
(2) INDEPENDENCE
TO
CONDUCT
INVESTIGATIONS
AND 
AUDITS.—No officer of the Department of Defense, the Depart-
ment of State, or the United States Agency for International 
Development shall prevent or prohibit the Inspector General 
Appointments. 
President. 
Establishment. 
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122 STAT. 380 
PUBLIC LAW 110–181—JAN. 28, 2008 
from initiating, carrying out, or completing any audit or inves-
tigation related to amounts appropriated or otherwise made 
available for the reconstruction of Afghanistan or from issuing 
any subpoena during the course of any such audit or investiga-
tion. 
(f) DUTIES.— 
(1) OVERSIGHT OF AFGHANISTAN RECONSTRUCTION.—It shall 
be the duty of the Inspector General to conduct, supervise, 
and coordinate audits and investigations of the treatment, han-
dling, and expenditure of amounts appropriated or otherwise 
made available for the reconstruction of Afghanistan, and of 
the programs, operations, and contracts carried out utilizing 
such funds, including— 
(A) the oversight and accounting of the obligation and 
expenditure of such funds; 
(B) the monitoring and review of reconstruction activi-
ties funded by such funds; 
(C) the monitoring and review of contracts funded by 
such funds; 
(D) the monitoring and review of the transfer of such 
funds and associated information between and among 
departments, agencies, and entities of the United States 
and private and nongovernmental entities; 
(E) the maintenance of records on the use of such 
funds to facilitate future audits and investigations of the 
use of such fund; 
(F) the monitoring and review of the effectiveness of 
United States coordination with the Government of 
Afghanistan and other donor countries in the implementa-
tion of the Afghanistan Compact and the Afghanistan 
National Development Strategy; and 
(G) the investigation of overpayments such as duplicate 
payments or duplicate billing and any potential unethical 
or illegal actions of Federal employees, contractors, or affili-
ated entities and the referral of such reports, as necessary, 
to the Department of Justice to ensure further investiga-
tions, prosecutions, recovery of further funds, or other rem-
edies. 
(2) OTHER DUTIES RELATED TO OVERSIGHT.—The Inspector 
General shall establish, maintain, and oversee such systems, 
procedures, and controls as the Inspector General considers 
appropriate to discharge the duties under paragraph (1). 
(3) DUTIES AND RESPONSIBILITIES UNDER INSPECTOR GEN-
ERAL ACT OF 1978.—In addition to the duties specified in para-
graphs (1) and (2), the Inspector General shall also have the 
duties and responsibilities of inspectors general under the 
Inspector General Act of 1978. 
(4) COORDINATION OF EFFORTS.—In carrying out the duties, 
responsibilities, and authorities of the Inspector General under 
this section, the Inspector General shall coordinate with, and 
receive the cooperation of each of the following: 
(A) The Inspector General of the Department of 
Defense. 
(B) The Inspector General of the Department of State. 
(C) The Inspector General of the United States Agency 
for International Development. 
(g) POWERS AND AUTHORITIES.— 
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122 STAT. 381 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) AUTHORITIES UNDER INSPECTOR GENERAL ACT OF 1978.— 
In carrying out the duties specified in subsection (f), the 
Inspector General shall have the authorities provided in section 
6 of the Inspector General Act of 1978, including the authorities 
under subsection (e) of such section. 
(2) AUDIT STANDARDS.—The Inspector General shall carry 
out the duties specified in subsection (f)(1) in accordance with 
section 4(b)(1) of the Inspector General Act of 1978. 
(h) PERSONNEL, FACILITIES, AND OTHER RESOURCES.— 
(1) PERSONNEL.—The Inspector General may select, 
appoint, and employ such officers and employees as may be 
necessary for carrying out the duties of the Inspector General, 
subject to the provisions of title 5, United States Code, gov-
erning appointments in the competitive service, and the provi-
sions of chapter 51 and subchapter III of chapter 53 of such 
title, relating to classification and General Schedule pay rates. 
(2) EMPLOYMENT
OF
EXPERTS
AND
CONSULTANTS.—The 
Inspector General may obtain services as authorized by section 
3109 of title 5, United States Code, at daily rates not to exceed 
the equivalent rate prescribed for grade GS–15 of the General 
Schedule by section 5332 of such title. 
(3) CONTRACTING AUTHORITY.—To the extent and in such 
amounts as may be provided in advance by appropriations 
Acts, the Inspector General may enter into contracts and other 
arrangements for audits, studies, analyses, and other services 
with public agencies and with private persons, and make such 
payments as may be necessary to carry out the duties of the 
Inspector General. 
(4) RESOURCES.—The Secretary of State or the Secretary 
of Defense, as appropriate, shall provide the Inspector General 
with appropriate and adequate office space at appropriate loca-
tions of the Department of State or the Department of Defense, 
as the case may be, in Afghanistan, together with such equip-
ment, office supplies, and communications facilities and services 
as may be necessary for the operation of such offices, and 
shall provide necessary maintenance services for such offices 
and the equipment and facilities located therein. 
(5) ASSISTANCE FROM FEDERAL AGENCIES.— 
(A) IN GENERAL.—Upon request of the Inspector Gen-
eral for information or assistance from any department, 
agency, or other entity of the Federal Government, the 
head of such entity shall, insofar as is practicable and 
not in contravention of any existing law, furnish such 
information or assistance to the Inspector General, or an 
authorized designee. 
(B) REPORTING
OF
REFUSED
ASSISTANCE.—Whenever 
information or assistance requested by the Inspector Gen-
eral is, in the judgment of the Inspector General, unreason-
ably refused or not provided, the Inspector General shall 
report the circumstances to the Secretary of State or the 
Secretary of Defense, as appropriate, and to the appropriate 
congressional committees without delay. 
(6) USE OF PERSONNEL, FACILITIES, AND OTHER RESOURCES 
OF THE OFFICE OF THE SPECIAL INSPECTOR GENERAL FOR IRAQ 
RECONSTRUCTION.—Upon the request of the Inspector General, 
the Special Inspector General for Iraq Reconstruction— 
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122 STAT. 382 
PUBLIC LAW 110–181—JAN. 28, 2008 
(A) may detail, on a reimbursable basis, any of the 
personnel of the Office of the Special Inspector General 
for Iraq Reconstruction to the Office of the Inspector Gen-
eral for Afghanistan Reconstruction for the purpose of car-
rying out this section; and 
(B) may provide, on a reimbursable basis, any of the 
facilities or other resources of the Office of the Special 
Inspector General for Iraq Reconstruction to the Office 
of the Inspector General for Afghanistan Reconstruction 
for the purpose of carrying out this section. 
(i) REPORTS.— 
(1) QUARTERLY
REPORTS.—Not later than 30 days after 
the end of each fiscal-year quarter, the Inspector General shall 
submit to the appropriate congressional committees a report 
summarizing, for the period of that quarter and, to the extent 
possible, the period from the end of such quarter to the time 
of the submission of the report, the activities during such 
period of the Inspector General and the activities under pro-
grams and operations funded with amounts appropriated or 
otherwise made available for the reconstruction of Afghanistan. 
Each report shall include, for the period covered by such report, 
a detailed statement of all obligations, expenditures, and reve-
nues associated with reconstruction and rehabilitation activities 
in Afghanistan, including the following: 
(A) Obligations and expenditures of appropriated 
funds. 
(B) A project-by-project and program-by-program 
accounting of the costs incurred to date for the reconstruc-
tion of Afghanistan, together with the estimate of the 
Department of Defense, the Department of State, and the 
United States Agency for International Development, as 
applicable, of the costs to complete each project and each 
program. 
(C) Revenues attributable to or consisting of funds 
provided by foreign nations or international organizations 
to programs and projects funded by any department or 
agency of the United States Government, and any obliga-
tions or expenditures of such revenues. 
(D) Revenues attributable to or consisting of foreign 
assets seized or frozen that contribute to programs and 
projects funded by any department or agency of the United 
States Government, and any obligations or expenditures 
of such revenues. 
(E) Operating expenses of agencies or entities receiving 
amounts appropriated or otherwise made available for the 
reconstruction of Afghanistan. 
(F) In the case of any contract, grant, agreement, or 
other funding mechanism described in paragraph (2)— 
(i) the amount of the contract, grant, agreement, 
or other funding mechanism; 
(ii) a brief discussion of the scope of the contract, 
grant, agreement, or other funding mechanism; 
(iii) a discussion of how the department or agency 
of the United States Government involved in the con-
tract, grant, agreement, or other funding mechanism 
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122 STAT. 383 
PUBLIC LAW 110–181—JAN. 28, 2008 
identified, and solicited offers from, potential individ-
uals or entities to perform the contract, grant, agree-
ment, or other funding mechanism, together with a 
list of the potential individuals or entities that were 
issued solicitations for the offers; and 
(iv) the justification and approval documents on 
which was based the determination to use procedures 
other than procedures that provide for full and open 
competition. 
(2) COVERED
CONTRACTS, 
GRANTS, 
AGREEMENTS, 
AND 
FUNDING MECHANISMS.—A contract, grant, agreement, or other 
funding mechanism described in this paragraph is any major 
contract, grant, agreement, or other funding mechanism that 
is entered into by any department or agency of the United 
States Government that involves the use of amounts appro-
priated or otherwise made available for the reconstruction of 
Afghanistan with any public or private sector entity for any 
of the following purposes: 
(A) To build or rebuild physical infrastructure of 
Afghanistan. 
(B) To establish or reestablish a political or societal 
institution of Afghanistan. 
(C) To provide products or services to the people of 
Afghanistan. 
(3) PUBLIC AVAILABILITY.—The Inspector General shall pub-
lish on a publically-available Internet website each report under 
paragraph (1) of this subsection in English and other languages 
that the Inspector General determines are widely used and 
understood in Afghanistan. 
(4) FORM.—Each report required under this subsection shall 
be submitted in unclassified form, but may include a classified 
annex if the Inspector General considers it necessary. 
(5) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to authorize the public disclosure of informa-
tion that is— 
(A) specifically prohibited from disclosure by any other 
provision of law; 
(B) specifically required by Executive order to be pro-
tected from disclosure in the interest of national defense 
or national security or in the conduct of foreign affairs; 
or 
(C) a part of an ongoing criminal investigation. 
(j) REPORT COORDINATION.— 
(1) SUBMISSION TO SECRETARIES OF STATE AND DEFENSE.— 
The Inspector General shall also submit each report required 
under subsection (i) to the Secretary of State and the Secretary 
of Defense. 
(2) SUBMISSION TO CONGRESS.—Not later than 30 days after 
receipt of a report under paragraph (1), the Secretary of State 
or the Secretary of Defense may submit to the appropriate 
congressional committees any comments on the matters covered 
by the report as the Secretary of State or the Secretary of 
Defense, as the case may be, considers appropriate. Any com-
ments on the matters covered by the report shall be submitted 
in unclassified form, but may include a classified annex if 
the Secretary of State or the Secretary of Defense, as the 
case may be, considers it necessary. 
Web site. 
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122 STAT. 384 
PUBLIC LAW 110–181—JAN. 28, 2008 
(k) TRANSPARENCY.— 
(1) REPORT.—Not later than 60 days after submission to 
the appropriate congressional committees of a report under 
subsection (i), the Secretary of State and the Secretary of 
Defense shall jointly make copies of the report available to 
the public upon request, and at a reasonable cost. 
(2) COMMENTS ON MATTERS COVERED BY REPORT.—Not later 
than 60 days after submission to the appropriate congressional 
committees under subsection (j)(2) of comments on a report 
under subsection (i), the Secretary of State and the Secretary 
of Defense shall jointly make copies of the comments available 
to the public upon request, and at a reasonable cost. 
(l) WAIVER.— 
(1) AUTHORITY.—The President may waive the requirement 
under paragraph (1) or (2) of subsection (k) with respect to 
availability to the public of any element in a report under 
subsection (i), or any comment under subsection (j)(2), if the 
President determines that the waiver is justified for national 
security reasons. 
(2) NOTICE
OF
WAIVER.—The President shall publish a 
notice of each waiver made under this subsection in the Federal 
Register no later than the date on which a report required 
under subsection (i), or any comment under subsection (j)(2), 
is submitted to the appropriate congressional committees. The 
report and comments shall specify whether waivers under this 
subsection were made and with respect to which elements 
in the report or which comments, as appropriate. 
(m) DEFINITIONS.—In this section: 
(1) AMOUNTS APPROPRIATED OR OTHERWISE MADE AVAILABLE 
FOR
THE
RECONSTRUCTION
OF
AFGHANISTAN.—The 
term 
‘‘amounts appropriated or otherwise made available for the 
reconstruction of Afghanistan’’ means— 
(A) amounts appropriated or otherwise made available 
for any fiscal year— 
(i) to the Afghanistan Security Forces Fund; or 
(ii) to the program to assist the people of Afghani-
stan established under subsection (a)(2) of section 1202 
of the National Defense Authorization for Fiscal Year 
2006 (Public Law 109–163; 119 Stat. 3455–3456); and 
(B) amounts appropriated or otherwise made available 
for any fiscal year for the reconstruction of Afghanistan 
under— 
(i) the Economic Support Fund; 
(ii) the International Narcotics Control and Law 
Enforcement account; or 
(iii) any other provision of law. 
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the Committees on Appropriations, Armed Services, 
and Foreign Relations of the Senate; and 
(B) the Committees on Appropriations, Armed Services, 
and Foreign Affairs of the House of Representatives. 
(n) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be appropriated 
$20,000,000 for fiscal year 2008 to carry out this section. 
Federal Register, 
publication. 
President. 
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122 STAT. 385 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) OFFSET.—The amount authorized to be appropriated 
by section 1513 for the Afghanistan Security Forces Fund is 
hereby reduced by $20,000,000. 
(o) TERMINATION.— 
(1) IN GENERAL.—The Office of the Special Inspector Gen-
eral for Afghanistan Reconstruction shall terminate 180 days 
after the date on which amounts appropriated or otherwise 
made available for the reconstruction of Afghanistan that are 
unexpended are less than $250,000,000. 
(2) FINAL REPORT.—The Inspector General shall, prior to 
the termination of the Office of the Special Inspector General 
for Afghanistan Reconstruction under paragraph (1), prepare 
and submit to the appropriate congressional committees a final 
forensic audit report on programs and operations funded with 
amounts appropriated or otherwise made available for the 
reconstruction of Afghanistan. 
SEC. 1230. REPORT ON PROGRESS TOWARD SECURITY AND STABILITY 
IN AFGHANISTAN. 
(a) REPORT REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, and every 180 days thereafter through 
the end of fiscal year 2010, the President, acting through the 
Secretary of Defense, shall submit to the appropriate congressional 
committees a report on progress toward security and stability in 
Afghanistan. 
(b) COORDINATION.—The report required under subsection (a) 
shall be prepared in coordination with the Secretary of State, the 
Director of National Intelligence, the Attorney General, the 
Administrator of the Drug Enforcement Administration, the 
Administrator of the United States Agency for International 
Development, the Secretary of Agriculture, and the head of any 
other department or agency of the Government of the United States 
involved with activities relating to security and stability in Afghani-
stan. 
(c) MATTERS TO BE INCLUDED: STRATEGIC DIRECTION OF UNITED 
STATES
ACTIVITIES
RELATING
TO
SECURITY
AND
STABILITY
IN 
AFGHANISTAN.—The report required under subsection (a) shall 
include a description of a comprehensive strategy of the United 
States for security and stability in Afghanistan. The description 
of such strategy shall consist of a general overview and a separate 
detailed section for each of the following: 
(1) NORTH ATLANTIC TREATY ORGANIZATION INTERNATIONAL 
SECURITY ASSISTANCE FORCE.—A description of the following: 
(A) Efforts of the United States to work with countries 
participating in the North Atlantic Treaty Organization 
(NATO) International Security Assistance Force (ISAF) in 
Afghanistan (hereafter in this section referred to as ‘‘NATO 
ISAF countries’’). 
(B) Any actions by the United States to achieve the 
following goals relating to strengthening the NATO ISAF, 
and the results of such actions: 
(i) Encourage NATO ISAF countries to fulfill 
commitments to the NATO ISAF mission in Afghani-
stan, and ensure adequate contributions to efforts to 
build the capacity of the Afghanistan National Security 
Forces 
(ANSF), 
counter-narcotics 
efforts, 
and 
President. 
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122 STAT. 386 
PUBLIC LAW 110–181—JAN. 28, 2008 
reconstruction and development activities in Afghani-
stan. 
(ii) Remove national caveats on the use of forces 
deployed as part of the NATO ISAF. 
(iii) Reduce the number of civilian casualties 
resulting from military operations of NATO ISAF coun-
tries and mitigate the impact of such casualties on 
the Afghan people. 
(2) AFGHANISTAN NATIONAL SECURITY FORCES.—A descrip-
tion of the following: 
(A) A comprehensive and effective long-term strategy 
and budget, with defined objectives, for activities relating 
to strengthening the resources, capabilities, and effective-
ness of the Afghanistan National Army (ANA) and the 
Afghanistan National Police (ANP) of the ANSF, with the 
goal of ensuring that a strong and fully-capable ANSF 
is able to independently and effectively conduct operations 
and maintain security and stability in Afghanistan. 
(B) Any actions by the United States to achieve the 
following goals relating to building the capacity of the 
ANSF, and the results of such actions: 
(i) Improve coordination with all relevant depart-
ments and agencies of the Government of the United 
States, as well as NATO ISAF countries and other 
international partners. 
(ii) Improve ANSF recruitment and retention, 
including through improved vetting and salaries for 
the ANSF. 
(iii) Increase and improve ANSF training and men-
toring. 
(iv) Strengthen the partnership between the 
Government of the United States and the Government 
of Afghanistan. 
(3) PROVINCIAL
RECONSTRUCTION
TEAMS
AND
OTHER 
RECONSTRUCTION AND DEVELOPMENT ACTIVITIES.—A description 
of the following: 
(A) A comprehensive and effective long-term strategy 
and budget, with defined objectives, for reconstruction and 
development in Afghanistan, including a long-term strategy 
with a mission and objectives for each United States-led 
Provincial Reconstruction Team (PRT) in Afghanistan. 
(B) Any actions by the United States to achieve the 
following goals with respect to reconstruction and develop-
ment in Afghanistan, and the results of such actions: 
(i) Improve coordination with all relevant depart-
ments and agencies of the Government of the United 
States, as well as NATO ISAF countries and other 
international partners. 
(ii) Clarify the chain of command, and operations 
plans for United States-led PRTs that are appropriate 
to meet the needs of the relevant local communities. 
(iii) Promote coordination among PRTs. 
(iv) Ensure that each PRT is adequately staffed, 
particularly with civilian specialists, and that such 
staff receive appropriate training. 
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122 STAT. 387 
PUBLIC LAW 110–181—JAN. 28, 2008 
(v) Expand the ability of the Afghan people to 
assume greater responsibility for their own reconstruc-
tion and development projects. 
(vi) Strengthen the partnership between the 
Government of the United States and the Government 
of Afghanistan. 
(vii) Ensure proper reconstruction and develop-
ment oversight activities, including implementation, 
where appropriate, of recommendations of any United 
States inspectors general, including the Special 
Inspector General for Afghanistan Reconstruction 
appointed pursuant to section 1229. 
(4) COUNTER-NARCOTICS ACTIVITIES.—A description of the 
following: 
(A) A comprehensive and effective long-term strategy 
and budget, with defined objectives, for the activities of 
the Department of Defense relating to counter-narcotics 
efforts in Afghanistan, including— 
(i) roles and missions of the Department of Defense 
within the overall counter-narcotics strategy for 
Afghanistan of the Government of the United States, 
including a statement of priorities; 
(ii) a detailed, comprehensive, and effective 
strategy with defined one-year, three-year, and five- 
year objectives and a description of the accompanying 
allocation of resources of the Department of Defense 
to accomplish such objectives; 
(iii) in furtherance of the strategy described in 
clause (i), actions that the Department of Defense is 
taking and has planned to take to— 
(I) improve coordination within the Depart-
ment of Defense and with all relevant departments 
and agencies of the Government of the United 
States; 
(II) strengthen significantly the Afghanistan 
National Counter-narcotics Police; 
(III) build the capacity of local and provincial 
governments of Afghanistan and the national 
Government of Afghanistan to assume greater 
responsibility for counter-narcotics-related activi-
ties, including interdiction; and 
(IV) improve counter-narcotics-related intel-
ligence capabilities and tactical use of such 
capabilities by the Department of Defense and 
other appropriate departments and agencies of the 
Government of the United States; and 
(iv) the impact, if any, including the disadvantages 
and advantages, if any, on the primary counter-ter-
rorism mission of the United States military of pro-
viding enhanced logistical support to departments and 
agencies of the Government of the United States and 
counter-narcotics partners of the United States in their 
interdiction efforts, including apprehending or elimi-
nating major drug traffickers in Afghanistan. 
(B) The counter-narcotics roles and missions assumed 
by the local and provincial governments of Afghanistan 
and the national Government of Afghanistan, appropriate 
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122 STAT. 388 
PUBLIC LAW 110–181—JAN. 28, 2008 
departments and agencies of the Government of the United 
States (other than the Department of Defense), the NATO 
ISAF, and the governments of other countries. 
(C) The plan and efforts to coordinate the counter- 
narcotics strategy and activities of the Department of 
Defense with the counter-narcotics strategy and activities 
of the Government of Afghanistan, the NATO-led interdic-
tion and security forces, other appropriate countries, and 
other counter-narcotics partners of the United States, and 
the results of such efforts. 
(D) The progress made by the governments, organiza-
tions, and entities specified in subparagraph (B) in exe-
cuting designated roles and missions, and in coordinating 
and implementing counternarcotics plans and activities, 
and based on the results of this progress whether, and 
to what extent, roles and missions for the Department 
of Defense should be altered in the future, or should remain 
unaltered. 
(5) PUBLIC CORRUPTION AND RULE OF LAW.—A description 
of any actions, and the results of such actions, to help the 
Government of Afghanistan fight public corruption and 
strengthen governance and the rule of law at the local, provin-
cial, and national levels. 
(6) REGIONAL
CONSIDERATIONS.—A description of any 
actions and the results of such actions to increase cooperation 
with countries geographically located around Afghanistan’s 
border, with a particular focus on improving security and sta-
bility in the Afghanistan-Pakistan border areas. 
(d) MATTERS TO BE INCLUDED: PERFORMANCE INDICATORS AND 
MEASURES OF PROGRESS TOWARD SUSTAINABLE LONG-TERM SECU-
RITY AND STABILITY IN AFGHANISTAN.— 
(1) IN
GENERAL.—The report required under subsection 
(a) shall set forth a comprehensive set of performance indicators 
and measures of progress toward sustainable long-term security 
and stability in Afghanistan, as specified in paragraph (2), 
and shall include performance standards and progress goals, 
together with a notional timetable for achieving such goals. 
(2) PERFORMANCE INDICATORS AND MEASURES OF PROGRESS 
SPECIFIED.—The performance indicators and measures of 
progress specified in this paragraph shall include, at a min-
imum, the following: 
(A) With respect to the NATO ISAF, an assessment 
of unfulfilled NATO ISAF mission requirements and con-
tributions from individual NATO ISAF countries, including 
levels of troops and equipment, the effect of contributions 
on operations, and unfulfilled commitments. 
(B) An assessment of military operations of the NATO 
ISAF, including of NATO ISAF countries, and an assess-
ment of separate military operations by United States 
forces. Such assessments shall include— 
(i) indicators of a stable security environment in 
Afghanistan, such as number of engagements per day, 
and trends relating to the numbers and types of hostile 
encounters; and 
(ii) the effects of national caveats that limit oper-
ations, geographic location of operations, and estimated 
number of civilian casualties. 
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122 STAT. 389 
PUBLIC LAW 110–181—JAN. 28, 2008 
(C) For the Afghanistan National Army (ANA), and 
separately for the Afghanistan National Police (ANP), of 
the Afghanistan National Security Forces (ANSF) an 
assessment of the following: 
(i) Recruitment and retention numbers, rates of 
absenteeism, vetting procedures, and salary scale. 
(ii) Numbers trained, numbers receiving men-
toring, the type of training and mentoring, and number 
of trainers, mentors, and advisers needed to support 
the ANA and ANP and associated ministries. 
(iii) Type of equipment used. 
(iv) Operational readiness status of ANSF units, 
including the type, number, size, and organizational 
structure of ANA and ANP units that are— 
(I) capable of conducting operations independ-
ently; 
(II) capable of conducting operations with the 
support of the United States, NATO ISAF forces, 
or other coalition forces; or 
(III) not ready to conduct operations. 
(v) Effectiveness of ANA and ANP officers and 
the ANA and ANP chain of command. 
(vi) Extent to which insurgents have infiltrated 
the ANA and ANP. 
(vii) Estimated number and capability level of the 
ANA and ANP needed to perform duties now under-
taken by NATO ISAF countries, separate United States 
forces and other coalition forces, including defending 
the borders of Afghanistan and providing adequate 
levels of law and order throughout Afghanistan. 
(D) An assessment of the estimated strength of the 
insurgency in Afghanistan and the extent to which it is 
composed of non-Afghan fighters and utilizing weapons 
or weapons-related materials from countries other than 
Afghanistan. 
(E) A description of all terrorist and insurgent groups 
operating in Afghanistan, including the number, size, 
equipment strength, military effectiveness, sources of sup-
port, legal status, and any efforts to disarm or reintegrate 
each such group. 
(F) An assessment of security and stability, including 
terrorist and insurgent activity, in Afghanistan-Pakistan 
border areas and in Pakistan’s Federally Administered 
Tribal Areas. 
(G) An assessment of United States military require-
ments, including planned force rotations, for the twelve- 
month period following the date of the report required 
under subsection (a). 
(H) For reconstruction and development, an assessment 
of the following: 
(i) The location, funding (including the sources 
of funding), staffing requirements, current staffing 
levels, and activities of each United States-led Provin-
cial Reconstruction Team. 
(ii) Key indicators of economic activity that should 
be considered the most important for determining the 
prospects of stability in Afghanistan, including— 
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122 STAT. 390 
PUBLIC LAW 110–181—JAN. 28, 2008 
(I) the indicators set forth in the Afghanistan 
Compact, which consist of roads, education, health, 
agriculture, and electricity; and 
(II) unemployment and poverty levels. 
(I) For counter-narcotics efforts, an assessment of the 
activities of the Department of Defense in Afghanistan, 
as described in subsection (c)(4), and the effectiveness of 
such activities. 
(J) Key measures of political stability relating to both 
central and local Afghan governance. 
(K) For public corruption and rule of law, an assess-
ment of anti-corruption and law enforcement activities at 
the local, provincial, and national levels and the effective-
ness of such activities. 
(e) FORM.—The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex, 
if necessary. 
(f) CONGRESSIONAL BRIEFINGS.—The Secretary of Defense shall 
supplement the report required under subsection (a) with regular 
briefings to the appropriate congressional committees on the subject 
matter of the report. 
(g) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services, the Committee on 
Appropriations, and the Committee on Foreign Affairs of the 
House of Representatives; and 
(2) the Committee on Armed Services, the Committee on 
Appropriations, and the Committee on Foreign Relations of 
the Senate. 
SEC. 1231. UNITED STATES PLAN FOR SUSTAINING THE AFGHANISTAN 
NATIONAL SECURITY FORCES. 
(a) PLAN REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, and annually thereafter through 
the end of fiscal year 2010, the Secretary of Defense shall submit 
to the appropriate congressional committees a report on a long- 
term detailed plan for sustaining the Afghanistan National Army 
(ANA) and the Afghanistan National Police (ANP) of the Afghani-
stan National Security Forces (ANSF), with the objective of ensuring 
that a strong and fully-capable ANSF will be able to independently 
and effectively conduct operations and maintain long-term security 
and stability in Afghanistan. 
(b) COORDINATION.—The report required under subsection (a) 
shall be prepared in coordination with the Secretary of State. 
(c) MATTERS TO BE INCLUDED.—The report required under sub-
section (a) shall include a description of the following matters 
relating to the plan for sustaining the ANSF: 
(1) A comprehensive and effective long-term strategy and 
budget, with defined objectives. 
(2) A mechanism for tracking funding, equipment, training, 
and services provided for the ANSF by the United States, 
countries participating in the North Atlantic Treaty Organiza-
tion (NATO) International Security Assistance Force (ISAF) 
in Afghanistan (hereafter in this section referred to as ‘‘NATO 
ISAF countries’’), and other coalition forces that are not part 
of the NATO ISAF. 
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122 STAT. 391 
PUBLIC LAW 110–181—JAN. 28, 2008 
(3) Any actions to assist the Government of Afghanistan 
achieve the following goals, and the results of such actions: 
(A) Build and sustain effective Afghan security institu-
tions with fully-capable leadership and staff, including a 
reformed Ministry of Interior, a fully-established Ministry 
of Defense, and logistics, intelligence, medical, and 
recruiting units (hereafter in this section referred to as 
‘‘ANSF-sustaining institutions’’). 
(B) Train and equip fully-capable ANSF that are 
capable of conducting operations independently and in 
sufficient numbers. 
(C) Establish strong ANSF-readiness assessment tools 
and metrics. 
(D) Build and sustain strong, professional ANSF offi-
cers at the junior-, mid-, and senior-levels. 
(E) Develop strong ANSF communication and control 
between central command and regions, provinces, and dis-
tricts. 
(F) Establish a robust mentoring and advising pro-
gram, and a strong professional military training and edu-
cation program, for all ANSF officials. 
(G) Establish effective merit-based salary, rank, pro-
motion, and incentive structures for the ANSF. 
(H) Develop mechanisms for incorporating lessons 
learned and best practices into ANSF operations. 
(I) Establish an ANSF personnel accountability system 
with effective internal discipline procedures and mecha-
nisms, and a system for addressing ANSF personnel com-
plaints. 
(J) Ensure effective ANSF oversight mechanisms, 
including a strong record-keeping system to track ANSF 
equipment and personnel. 
(4) Coordination with all relevant departments and agen-
cies of the Government of the United States, as well as NATO 
ISAF countries and other international partners, including on— 
(A) funding; 
(B) reform and establishment of ANSF-sustaining 
institutions; and 
(C) efforts to ensure that progress on sustaining the 
ANSF is reinforced with progress in other pillars of the 
Afghan security sector, particularly progress on building 
an effective judiciary, curbing production and trafficking 
of illicit narcotics, and demobilizing, disarming, and reinte-
grating militia fighters. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services, the Committee on 
Appropriations, and the Committee on Foreign Affairs of the 
House of Representatives; and 
(2) the Committee on Armed Services, the Committee on 
Appropriations, and the Committee on Foreign Relations of 
the Senate. 
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122 STAT. 392 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 1232. REPORT ON ENHANCING SECURITY AND STABILITY IN THE 
REGION ALONG THE BORDER OF AFGHANISTAN AND 
PAKISTAN. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than March 31, 2008, the Sec-
retary of Defense, in consultation with the Secretary of State, 
shall submit to the appropriate congressional committees a 
report on enhancing security and stability in the region along 
the border of Afghanistan and Pakistan. 
(2) MATTERS TO BE INCLUDED.—The report required under 
paragraph (1) shall include the following: 
(A) A detailed description of the efforts by the Govern-
ment of Pakistan to achieve the following objectives: 
(i) Eliminate safe havens for Taliban, Al Qaeda, 
and other violent extremist forces on the national terri-
tory of Pakistan. 
(ii) Prevent the movement of such forces across 
the border of Pakistan into Afghanistan to engage in 
insurgent or terrorist activities. 
(B) An assessment of the Secretary of Defense as to 
whether Pakistan is making substantial and sustained 
efforts to achieve the objectives specified in subparagraph 
(A). 
(3) FORM.—The report required under paragraph (1) shall 
be submitted in unclassified form, but may include a classified 
annex. 
(4) LIMITATION.— 
(A) IN GENERAL.—If the Secretary of Defense does not 
submit the report required under paragraph (1) by March 
31, 2008, then after such date the Government of Pakistan 
may not be reimbursed under the authority of any provision 
of law described in subparagraph (B) for logistical, military, 
or other support provided by Pakistan to the United States 
until the Secretary submits to the appropriate congres-
sional committees the report required by such paragraph. 
(B) PROVISIONS OF LAW.—The provisions of law referred 
to in subparagraph (A) are the following: 
(i) Section 1233. 
(ii) Any other provision of law under which pay-
ments are authorized to reimburse key cooperating 
nations for logistical, military, or other support pro-
vided by that nation to or in connection with United 
States military operations. 
(5) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Armed Services, the Committee 
on Appropriations, and the Committee on Foreign Affairs 
of the House of Representatives; and 
(B) the Committee on Armed Services, the Committee 
on Appropriations, and the Committee on Foreign Relations 
of the Senate. 
(b) NOTIFICATION
RELATING
TO
DEPARTMENT
OF
DEFENSE 
COALITION SUPPORT FUNDS FOR PAKISTAN.— 
(1) NOTIFICATION.— 
(A) IN GENERAL.—Not less than 15 days before making 
any reimbursement to the Government of Pakistan under 
Deadline. 
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122 STAT. 393 
PUBLIC LAW 110–181—JAN. 28, 2008 
the authority of any provision of law described in subpara-
graph (B) for logistical, military, or other support provided 
by Pakistan to the United States, the Secretary of Defense 
shall submit to the congressional defense committees a 
written notification that contains a detailed description 
of such logistical, military, or other support. 
(B) PROVISIONS OF LAW.—The provisions of law referred 
to in subparagraph (A) are the following: 
(i) Section 1233. 
(ii) Any other provision of law under which pay-
ments are authorized to reimburse key cooperating 
nations for logistical, military, or other support pro-
vided by that nation to or in connection with United 
States military operations. 
(2) MATTERS TO BE INCLUDED.—Each notification required 
under paragraph (1) shall include an itemized description of 
the following support provided by Pakistan to the United States 
for which the United States will provide reimbursement: 
(A) Logistic support, supplies, and services, as such 
term is defined in section 2350(1) of title 10, United States 
Code. 
(B) Military support. 
(C) Any other support or services. 
(3) FORM.—Each notification required under paragraph (1) 
shall be submitted in unclassified form, but may include a 
classified annex. 
(4) RELATIONSHIP TO OTHER NOTIFICATION REQUIREMENTS.— 
Each notification required under paragraph (1) shall be in 
addition to any notification requirements under any provision 
of law described in subparagraph (B) of such paragraph. 
(5) EFFECTIVE DATE.—The requirement to submit notifica-
tions under paragraph (1) shall apply with respect to reimburse-
ments to the Government of Pakistan for logistical, military, 
or other support provided by Pakistan to the United States 
during the period beginning on February 1, 2008, and ending 
on September 30, 2009. 
SEC. 1233. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR 
SUPPORT PROVIDED TO UNITED STATES MILITARY 
OPERATIONS. 
(a) AUTHORITY.—From funds made available for the Depart-
ment of Defense by section 1508 for operation and maintenance, 
Defense-wide activities, the Secretary of Defense may reimburse 
any key cooperating nation for logistical and military support pro-
vided by that nation to or in connection with United States military 
operations in Operation Iraqi Freedom or Operation Enduring 
Freedom. 
(b) AMOUNTS OF REIMBURSEMENT.— 
(1) IN GENERAL.—Reimbursement authorized by subsection 
(a) may be made in such amounts as the Secretary of Defense, 
with the concurrence of the Secretary of State and in consulta-
tion with the Director of the Office of Management and Budget, 
may determine, based on documentation determined by the 
Secretary of Defense to adequately account for the support 
provided. 
(2) STANDARDS.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
Deadline. 
Applicability. 
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122 STAT. 394 
PUBLIC LAW 110–181—JAN. 28, 2008 
prescribe standards for determining the kinds of logistical and 
military support to the United States that shall be considered 
reimbursable under the authority in subsection (a). Such stand-
ards may not take effect until 15 days after the date on which 
the Secretary submits to the congressional defense committees 
a report setting forth such standards. 
(c) LIMITATIONS.— 
(1) 
LIMITATION
ON
AMOUNT.—The 
total 
amount 
of 
reimbursements made under the authority in subsection (a) 
during fiscal year 2008 may not exceed $1,200,000,000. 
(2) PROHIBITION ON CONTRACTUAL OBLIGATIONS TO MAKE 
PAYMENTS.—The Secretary of Defense may not enter into any 
contractual obligation to make a reimbursement under the 
authority in subsection (a). 
(d) NOTICE TO CONGRESS.—The Secretary of Defense shall— 
(1) notify the congressional defense committees not less 
than 15 days before making any reimbursement under the 
authority in subsection (a); and 
(2) submit to the congressional defense committees on a 
quarterly basis a report on any reimbursements made under 
the authority in subsection (a) during such quarter. 
SEC. 1234. LOGISTICAL SUPPORT FOR COALITION FORCES SUP-
PORTING OPERATIONS IN IRAQ AND AFGHANISTAN. 
(a) AVAILABILITY OF FUNDS FOR LOGISTICAL SUPPORT.—Subject 
to the provisions of this section, amounts available to the Depart-
ment of Defense for fiscal year 2008 for operation and maintenance 
may be used to provide supplies, services, transportation (including 
airlift and sealift), and other logistical support to coalition forces 
supporting United States military and stabilization operations in 
Iraq and Afghanistan. 
(b) REQUIRED DETERMINATION.—The Secretary may provide 
logistical support under the authority in subsection (a) only if 
the Secretary determines that the coalition forces to be provided 
the logistical support— 
(1) are essential to the success of a United States military 
or stabilization operation; and 
(2) would not be able to participate in such operation 
without the provision of the logistical support. 
(c) COORDINATION WITH EXPORT CONTROL LAWS.—Logistical 
support may be provided under the authority in subsection (a) 
only in accordance with applicable provisions of the Arms Export 
Control Act and other export control laws of the United States. 
(d) LIMITATION ON VALUE.—The total amount of logistical sup-
port provided under the authority in subsection (a) in fiscal year 
2008 may not exceed $400,000,000. 
(e) QUARTERLY REPORTS.— 
(1) REPORTS REQUIRED.—Not later than 15 days after the 
end of each fiscal-year quarter of fiscal year 2008, the Secretary 
shall submit to the congressional defense committees a report 
on the provision of logistical support under the authority in 
subsection (a) during such fiscal-year quarter. 
(2) ELEMENTS.—Each report under paragraph (1) shall 
include, for the fiscal-year quarter covered by such report, 
the following: 
(A) Each nation provided logistical support under the 
authority in subsection (a). 
Deadline. 
Reports. 
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122 STAT. 395 
PUBLIC LAW 110–181—JAN. 28, 2008 
(B) For each such nation, a description of the type 
and value of logistical support so provided. 
Subtitle C—Iraq Refugee Crisis 
SEC. 1241. SHORT TITLE. 
This subtitle may be cited as the ‘‘Refugee Crisis in Iraq Act 
of 2007’’. 
SEC. 1242. PROCESSING MECHANISMS. 
(a) IN GENERAL.—The Secretary of State, in consultation with 
the Secretary of Homeland Security, shall establish or use existing 
refugee processing mechanisms in Iraq and in countries, where 
appropriate, in the region in which— 
(1) aliens described in section 1243 may apply and inter-
view for admission to the United States as refugees; and 
(2) aliens described in section 1244(b) may apply and inter-
view for admission to United States as special immigrants. 
(b) SUSPENSION.—If such is determined necessary, the Secretary 
of State, in consultation with the Secretary of Homeland Security, 
may suspend in-country processing under subsection (a) for a period 
not to exceed 90 days. Such suspension may be extended by the 
Secretary of State upon notification to the Committee on the 
Judiciary of the House of Representatives, the Committee on For-
eign Affairs of the House of Representatives, the Committee on 
the Judiciary of the Senate, and the Committee on Foreign Relations 
of the Senate. The Secretary of State shall submit to such commit-
tees a report outlining the basis of any such suspension and any 
extensions thereof. 
(c) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State, in consultation with 
the Secretary of Homeland Security, shall submit to the committees 
specified in subsection (b) a report that— 
(1) describes the Secretary of State’s plans to establish 
the processing mechanisms required under subsection (a); 
(2) contains an assessment of in-country processing that 
makes use of videoconferencing; and 
(3) describes the Secretary of State’s diplomatic efforts 
to improve issuance of exit permits to Iraqis who have been 
provided special immigrant status under section 1244 and Iraqi 
refugees under section 1243. 
SEC. 1243. UNITED STATES REFUGEE PROGRAM PROCESSING PRIOR-
ITIES. 
(a) IN GENERAL.—Refugees of special humanitarian concern 
eligible for Priority 2 processing under the refugee resettlement 
priority system who may apply directly to the United States Admis-
sion Program shall include— 
(1) Iraqis who were or are employed by the United States 
Government, in Iraq; 
(2) Iraqis who establish to the satisfaction of the Secretary 
of State that they are or were employed in Iraq by— 
(A) 
a 
media 
or 
nongovernmental 
organization 
headquartered in the United States; or 
(B) an organization or entity closely associated with 
the United States mission in Iraq that has received United 
Reports. 
Notification. 
Refugee Crisis in 
Iraq Act of 2007. 
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122 STAT. 396 
PUBLIC LAW 110–181—JAN. 28, 2008 
States Government funding through an official and docu-
mented contract, award, grant, or cooperative agreement; 
and 
(3) spouses, children, and parents whether or not accom-
panying or following to join, and sons, daughters, and siblings 
of aliens described in paragraph (1), paragraph (2), or section 
1244(b)(1); and 
(4) Iraqis who are members of a religious or minority 
community, have been identified by the Secretary of State, 
or the designee of the Secretary, as a persecuted group, and 
have 
close 
family 
members 
(as 
described 
in 
section 
201(b)(2)(A)(i) or 203(a) of the Immigration and Nationality 
Act (8 U.S.C. 1151(b)(2)(A)(i) and 1153(a))) in the United States. 
(b) IDENTIFICATION OF OTHER PERSECUTED GROUPS.—The Sec-
retary of State, or the designee of the Secretary, is authorized 
to identify other Priority 2 groups of Iraqis, including vulnerable 
populations. 
(c) INELIGIBLE ORGANIZATIONS AND ENTITIES.—Organizations 
and entities described in subsection (a)(2) shall not include any 
that appear on the Department of the Treasury’s list of Specially 
Designated Nationals or any entity specifically excluded by the 
Secretary of Homeland Security, after consultation with the Sec-
retary of State and the heads of relevant elements of the intelligence 
community (as defined in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 401a(4)). 
(d) APPLICABILITY OF OTHER REQUIREMENTS.—Aliens under this 
section who qualify for Priority 2 processing under the refugee 
resettlement priority system shall satisfy the requirements of sec-
tion 207 of the Immigration and Nationality Act (8 U.S.C. 1157) 
for admission to the United States. 
(e) NUMERICAL LIMITATIONS.—In determining the number of 
Iraqi refugees who should be resettled in the United States under 
paragraphs (2), (3), and (4) of subsection (a) and subsection (b) 
of section 207 of the Immigration and Nationality Act (8 U.S.C. 
1157), the President shall consult with the heads of nongovern-
mental organizations that have a presence in Iraq or experience 
in assessing the problems faced by Iraqi refugees. 
(f) ELIGIBILITY FOR ADMISSION AS REFUGEE.—No alien shall 
be denied the opportunity to apply for admission under this section 
solely because such alien qualifies as an immediate relative or 
is eligible for any other immigrant classification. 
SEC. 1244. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS. 
(a) IN GENERAL.—Subject to subsection (c), the Secretary of 
Homeland Security, or, notwithstanding any other provision of law, 
the Secretary of State in consultation with the Secretary of Home-
land Security, may provide an alien described in subsection (b) 
with the status of a special immigrant under section 101(a)(27) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if 
the alien— 
(1) or an agent acting on behalf of the alien, submits 
a petition for classification under section 203(b)(4) of such Act 
(8 U.S.C. 1153(b)(4)); 
(2) is otherwise eligible to receive an immigrant visa; 
(3) is otherwise admissible to the United States for perma-
nent residence (excluding the grounds for inadmissibility speci-
fied in section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)); and 
President. 
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122 STAT. 397 
PUBLIC LAW 110–181—JAN. 28, 2008 
(4) cleared a background check and appropriate screening, 
as determined by the Secretary of Homeland Security. 
(b) ALIENS DESCRIBED.— 
(1) PRINCIPAL ALIENS.—An alien is described in this sub-
section if the alien— 
(A) is a citizen or national of Iraq; 
(B) was or is employed by or on behalf of the United 
States Government in Iraq, on or after March 20, 2003, 
for not less than one year; 
(C) provided faithful and valuable service to the United 
States Government, which is documented in a positive rec-
ommendation or evaluation, subject to paragraph (4), from 
the employee’s senior supervisor or the person currently 
occupying that position, or a more senior person, if the 
employee’s senior supervisor has left the employer or has 
left Iraq; and 
(D) has experienced or is experiencing an ongoing 
serious threat as a consequence of the alien’s employment 
by the United States Government. 
(2) SPOUSES AND CHILDREN.—An alien is described in this 
subsection if the alien— 
(A) is the spouse or child of a principal alien described 
in paragraph (1); and 
(B) is accompanying or following to join the principal 
alien in the United States. 
(3) TREATMENT OF SURVIVING SPOUSE OR CHILD.—An alien 
is described in subsection (b) if the alien— 
(A) was the spouse or child of a principal alien 
described in paragraph (1) who had a petition for classifica-
tion approved pursuant to this section or section 1059 
of the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109–163; 8 U.S.C. 1101 note), which 
included the alien as an accompanying spouse or child; 
and 
(B) due to the death of the principal alien— 
(i) such petition was revoked or terminated (or 
otherwise rendered null); and 
(ii) such petition would have been approved if the 
principal alien had survived. 
(4) APPROVAL
BY
CHIEF
OF
MISSION
REQUIRED.—A rec-
ommendation or evaluation required under paragraph (1)(C) 
shall be accompanied by approval from the Chief of Mission, 
or the designee of the Chief of Mission, who shall conduct 
a risk assessment of the alien and an independent review 
of records maintained by the United States Government or 
hiring organization or entity to confirm employment and faith-
ful and valuable service to the United States Government prior 
to approval of a petition under this section. 
(c) NUMERICAL LIMITATIONS.— 
(1) IN GENERAL.—The total number of principal aliens who 
may be provided special immigrant status under this section 
may not exceed 5,000 per year for each of the five fiscal years 
beginning after the date of the enactment of this Act. 
(2) EXCLUSION FROM NUMERICAL LIMITATIONS.—Aliens pro-
vided special immigrant status under this section shall not 
be counted against any numerical limitation under sections 
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122 STAT. 398 
PUBLIC LAW 110–181—JAN. 28, 2008 
201(d), 202(a), or 203(b)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)). 
(3) CARRY FORWARD.— 
(A) FISCAL YEARS ONE THROUGH FOUR.—If the numer-
ical limitation specified in paragraph (1) is not reached 
during a given fiscal year referred to in such paragraph 
(with respect to fiscal years one through four), the numer-
ical limitation specified in such paragraph for the following 
fiscal year shall be increased by a number equal to the 
difference between— 
(i) the numerical limitation specified in paragraph 
(1) for the given fiscal year; and 
(ii) the number of principal aliens provided special 
immigrant status under this section during the given 
fiscal year. 
(B) FISCAL
YEARS
FIVE
AND
SIX.—If the numerical 
limitation specified in paragraph (1) is not reached in the 
fifth fiscal year beginning after the date of the enactment 
of this Act, the total number of principal aliens who may 
be provided special immigrant status under this section 
for the sixth fiscal year beginning after such date shall 
be equal to the difference between— 
(i) the numerical limitation specified in paragraph 
(1) for the fifth fiscal year; and 
(ii) the number of principal aliens provided such 
status under this section during the fifth fiscal year. 
(d) VISA AND PASSPORT ISSUANCE AND FEES.—Neither the Sec-
retary of State nor the Secretary of Homeland Security may charge 
an alien described in subsection (b) any fee in connection with 
an application for, or issuance of, a special immigrant visa. The 
Secretary of State shall make a reasonable effort to ensure that 
aliens described in this section who are issued special immigrant 
visas are provided with the appropriate series Iraqi passport nec-
essary to enter the United States. 
(e) PROTECTION OF ALIENS.—The Secretary of State, in consulta-
tion with the heads of other relevant Federal agencies, shall make 
a reasonable effort to provide an alien described in this section 
who is applying for a special immigrant visa with protection or 
the immediate removal from Iraq, if possible, of such alien if the 
Secretary determines after consultation that such alien is in 
imminent danger. 
(f) ELIGIBILITY FOR ADMISSION UNDER OTHER CLASSIFICATION.— 
No alien shall be denied the opportunity to apply for admission 
under this section solely because such alien qualifies as an imme-
diate relative or is eligible for any other immigrant classification. 
(g) RESETTLEMENT
SUPPORT.—Iraqi aliens granted special 
immigrant status described in section 101(a)(27) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(27)) shall be eligible for 
resettlement assistance, entitlement programs, and other benefits 
available to refugees admitted under section 207 of such Act (8 
U.S.C. 1157) for a period not to exceed eight months. 
(h) RULE OF CONSTRUCTION.—Nothing in this section may be 
construed to affect the authority of the Secretary of Homeland 
Security under section 1059 of the National Defense Authorization 
Act for Fiscal Year 2006. 
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122 STAT. 399 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 
1245. 
SENIOR 
COORDINATOR 
FOR 
IRAQI 
REFUGEES 
AND 
INTERNALLY DISPLACED PERSONS. 
(a) DESIGNATION IN IRAQ.—The Secretary of State shall des-
ignate in the embassy of the United States in Baghdad, Iraq, 
a Senior Coordinator for Iraqi Refugees and Internally Displaced 
Persons (referred to in this section as the ‘‘Senior Coordinator’’). 
(b) RESPONSIBILITIES.—The Senior Coordinator shall be respon-
sible for the oversight of processing for the resettlement in the 
United States of refugees of special humanitarian concern, special 
immigrant visa programs in Iraq, and the development and 
implementation of other appropriate policies and programs con-
cerning Iraqi refugees and internally displaced persons. The Senior 
Coordinator shall have the authority to refer persons to the United 
States refugee resettlement program. 
(c) DESIGNATION OF ADDITIONAL SENIOR COORDINATORS.—The 
Secretary of State shall designate in the embassies of the United 
States in Cairo, Egypt, Amman, Jordan, Damascus, Syria, and 
Beirut, Lebanon, a Senior Coordinator to oversee resettlement in 
the United States of refugees of special humanitarian concern in 
those countries to ensure their applications to the United States 
refugee resettlement program are processed in an orderly manner 
and without delay. 
SEC. 1246. COUNTRIES WITH SIGNIFICANT POPULATIONS OF IRAQI 
REFUGEES. 
With respect to each country with a significant population 
of Iraqi refugees, including Iraq, Jordan, Egypt, Syria, Turkey, 
and Lebanon, the Secretary of State shall— 
(1) as appropriate, consult with the appropriate government 
officials of such countries and other countries and the United 
Nations High Commissioner for Refugees regarding resettle-
ment of the most vulnerable members of such refugee popu-
lations; and 
(2) as appropriate, except where otherwise prohibited by 
the laws of the United States, develop mechanisms in and 
provide assistance to countries with a significant population 
of Iraqi refugees to ensure the well-being and safety of such 
populations in their host environments. 
SEC. 1247. MOTION TO REOPEN DENIAL OR TERMINATION OF ASYLUM. 
An alien who applied for asylum or withholding of removal 
and whose claim was denied on or after March 1, 2003, by an 
asylum officer or an immigration judge solely, or in part, on the 
basis of changed country conditions may, notwithstanding any other 
provision of law, file a motion to reopen such claim in accordance 
with subparagraphs (A) and (B) of section 240(c)(7) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229a(c)(7)) not later than six 
months after the date of the enactment of the Refugee Crisis in 
Iraq Act if the alien— 
(1) is a citizen or national of Iraq; and 
(2) has remained in the United States since the date of 
such denial. 
SEC. 1248. REPORTS. 
(a) SECRETARY OF HOMELAND SECURITY.—Not later than 120 
days after the date of the enactment of this Act, the Secretary 
of Homeland Security shall submit to the Committee on the 
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122 STAT. 400 
PUBLIC LAW 110–181—JAN. 28, 2008 
Judiciary of the House of Representatives, the Committee on For-
eign Affairs of the House of Representatives, the Committee on 
the Judiciary of the Senate, and the Committee on Foreign Relations 
of the Senate a report containing plans to expedite the processing 
of Iraqi refugees for resettlement, including information relating 
to— 
(1) expediting the processing of Iraqi refugees for resettle-
ment, including through temporary expansion of the Refugee 
Corps of United States Citizenship and Immigration Services; 
(2) increasing the number of personnel of the Department 
of Homeland Security devoted to refugee processing in Iraq, 
Jordan, Egypt, Syria, Turkey, and Lebanon; 
(3) enhancing existing systems for conducting background 
and security checks of persons applying for special immigrant 
status and of persons considered Priority 2 refugees of special 
humanitarian concern under the refugee resettlement priority 
system, which enhancements shall support immigration secu-
rity and provide for the orderly processing of such applications 
without delay; and 
(4) the projections of the Secretary, per country and per 
month, for the number of refugee interviews that will be con-
ducted in fiscal year 2008 and fiscal year 2009. 
(b) PRESIDENT.—Not later than 120 days after the date of 
the enactment of this Act, and annually thereafter through 2013, 
the President shall submit to Congress an unclassified report, with 
a classified annex if necessary, which includes— 
(1) an assessment of the financial, security, and personnel 
considerations and resources necessary to carry out the provi-
sions of this subtitle; 
(2) the number of aliens described in section 1243(a)(1); 
(3) the number of such aliens who have applied for special 
immigrant visas; 
(4) the date of such applications; and 
(5) in the case of applications pending for longer than 
six months, the reasons that such visas have not been expedi-
tiously processed. 
(c) REPORT ON IRAQI CITIZENS AND NATIONALS EMPLOYED BY 
THE UNITED STATES GOVERNMENT OR FEDERAL CONTRACTORS IN 
IRAQ.— 
(1) IN GENERAL.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense, the 
Secretary of State, the Administrator of the United States 
Agency for International Development, the Secretary of the 
Treasury, and the Secretary of Homeland Security shall— 
(A) review internal records and databases of their 
respective agencies for information that can be used to 
verify employment of Iraqi nationals by the United States 
Government; and 
(B) request from each prime contractor or grantee that 
has performed work in Iraq since March 20, 2003, under 
a contract, grant, or cooperative agreement with their 
respective agencies that is valued in excess of $25,000 
information that can be used to verify the employment 
of Iraqi nationals by such contractor or grantee. 
(2) INFORMATION REQUIRED.—To the extent data is avail-
able, the information referred to in paragraph (1) shall include 
the name and dates of employment of, biometric data for, 
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122 STAT. 401 
PUBLIC LAW 110–181—JAN. 28, 2008 
and other data that can be used to verify the employment 
of each Iraqi citizen or national who has performed work in 
Iraq since March 20, 2003, under a contract, grant, or coopera-
tive agreement with an executive agency. 
(3) EXECUTIVE AGENCY DEFINED.—In this subsection, the 
term ‘‘executive agency’’ has the meaning given the term in 
section 4(1) of the Office of Federal Procurement Policy Act 
(41 U.S.C. 403(1)). 
(d) REPORT ON ESTABLISHMENT OF DATABASE.—Not later than 
120 days after the date of the enactment of this Act, the Secretary 
of Defense, in consultation with the Secretary of State, the Adminis-
trator of the United States Agency for International Development, 
the Secretary of the Treasury, and the Secretary of Homeland 
Security, shall submit to Congress a report examining the options 
for establishing a unified, classified database of information related 
to contracts, grants, or cooperative agreements entered into by 
executive agencies for the performance of work in Iraq since March 
20, 2003, including the information described and collected under 
subsection (c), to be used by relevant Federal departments and 
agencies to adjudicate refugee, asylum, special immigrant visa, 
and other immigration claims and applications. 
(e) NONCOMPLIANCE REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the President shall submit 
a report to Congress that describes— 
(1) the inability or unwillingness of any contractor or 
grantee to provide the information requested under subsection 
(c)(1)(B); and 
(2) the reasons for failing to provide such information. 
SEC. 1249. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as may 
be necessary to carry out this subtitle. 
Subtitle D—Other Authorities and 
Limitations 
SEC. 
1251. 
COOPERATIVE 
OPPORTUNITIES 
DOCUMENTS 
UNDER 
COOPERATIVE RESEARCH AND DEVELOPMENT AGREE-
MENTS WITH NATO ORGANIZATIONS AND OTHER ALLIED 
AND FRIENDLY FOREIGN COUNTRIES. 
Section 2350a(e) of title 10, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘(A)’’; 
(B) by striking ‘‘an arms cooperation opportunities 
document’’ and inserting ‘‘a cooperative opportunities docu-
ment before the first milestone or decision point’’; and 
(C) by striking subparagraph (B); and 
(2) in paragraph (2), by striking ‘‘An arms cooperation 
opportunities 
document’’ 
and 
inserting 
‘‘A 
cooperative 
opportunities document’’. 
President. 
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122 STAT. 402 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 1252. EXTENSION AND EXPANSION OF TEMPORARY AUTHORITY 
TO USE ACQUISITION AND CROSS-SERVICING AGREE-
MENTS TO LEND MILITARY EQUIPMENT FOR PERSONNEL 
PROTECTION AND SURVIVABILITY. 
(a) EXPANSION TO NATIONS ENGAGED IN CERTAIN PEACEKEEPING 
OPERATIONS.—Subsection (a) of section 1202 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109–364; 120 Stat. 2412) is amended— 
(1) in paragraph (1), by inserting ‘‘or participating in com-
bined operations with the United States as part of a peace-
keeping operation under the Charter of the United Nations 
or another international agreement’’ after ‘‘Iraq or Afghani-
stan’’; and 
(2) in paragraph (3) by inserting ‘‘, or in a peacekeeping 
operation described in paragraph (1), as applicable,’’ after ‘‘Iraq 
or Afghanistan’’. 
(b) ONE-YEAR EXTENSION.—Subsection (e) of such section is 
amended by striking ‘‘September 30, 2008’’ and inserting ‘‘Sep-
tember 30, 2009’’. 
(c) CONFORMING AMENDMENT.—The heading of such section 
is amended by striking ‘‘FOREIGN FORCES IN IRAQ AND AFGHANI-
STAN’’ and inserting ‘‘CERTAIN FOREIGN FORCES’’. 
SEC. 1253. ACCEPTANCE OF FUNDS FROM THE GOVERNMENT OF 
PALAU FOR COSTS OF UNITED STATES MILITARY CIVIC 
ACTION TEAM IN PALAU. 
Section 104(a) of Public Law 99–658 (48 U.S.C. 1933(a)) is 
amended— 
(1) by striking ‘‘In recognition’’ and inserting ‘‘(1) In recogni-
tion’’; and 
(2) by adding at the end the following: 
‘‘(2) For expenditures that the Department of Defense makes 
pursuant to paragraph (1), the Secretary of Defense may accept 
up to the amount of $250,000 in annual funds from the Government 
of Palau as specified in paragraph (1). Funds accepted by the 
Secretary from the Government of Palau under this paragraph 
shall be credited to and merged with appropriations available to 
the Department of Defense and shall be used to defray expenditures 
attendant to the operation of the United States military Civic 
Action Team in Palau. Funds so credited and merged shall be 
available for the same time period as the appropriations to which 
the funds are credited and merged.’’. 
SEC. 1254. REPEAL OF REQUIREMENT RELATING TO NORTH KOREA. 
Section 1211 of the John Warner National Defense Authoriza-
tion Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2420) 
is amended by striking subsection (a). 
SEC. 1255. JUSTICE FOR OSAMA BIN LADEN AND OTHER LEADERS 
OF AL QAEDA. 
(a) ENHANCED REWARD FOR CAPTURE OF OSAMA BIN LADEN.— 
Section 36(e)(1) of the State Department Basic Authorities Act 
of 1956 (22 U.S.C. 2708(e)(1)) is amended by adding at the end 
the following new sentence: ‘‘The Secretary shall authorize a reward 
of $50,000,000 for the capture or death or information leading 
to the capture or death of Osama bin Laden.’’. 
(b) STATUS
OF EFFORTS TO BRING OSAMA BIN LADEN
AND 
OTHER LEADERS OF AL QAEDA TO JUSTICE.— 
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122 STAT. 403 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) REPORT REQUIRED.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of State and 
the Secretary of Defense shall, in coordination with the Director 
of National Intelligence, jointly submit to Congress a report 
on the progress made in bringing Osama bin Laden and other 
leaders of al Qaeda to justice. 
(2) ELEMENTS.—The report required under paragraph (1) 
shall include the following: 
(A) An assessment of the likely current location of 
terrorist leaders, including Osama bin Laden, Ayman al- 
Zawahiri, and other key leaders of al Qaeda. 
(B) A description of ongoing efforts to bring to justice 
such terrorist leaders, particularly those who have been 
directly implicated in attacks in the United States and 
its embassies. 
(C) An assessment of whether the government of each 
country assessed as a likely location of top leaders of al 
Qaeda has fully cooperated in efforts to bring those leaders 
to justice. 
(D) A description of diplomatic efforts currently being 
made to improve the cooperation of the governments 
described in subparagraph (C). 
(E) A description of the current status of the top leader-
ship of al Qaeda and the strategy for locating them and 
bringing them to justice. 
(F) An assessment of whether al Qaeda remains the 
terrorist organization that poses the greatest threat to 
United States interests, including the greatest threat to 
the territorial United States. 
(3) UPDATE
OF
REPORT.—Not later than one year after 
the submission of the report required under paragraph (1), 
the Secretary of State and the Secretary of Defense shall, 
in coordination with the Director of National Intelligence, 
jointly submit to Congress an update of the report required 
under paragraph (1). 
(4) FORM.—The report required under paragraph (1) and 
the update of the report required under paragraph (3) shall 
be submitted in unclassified form, but may contain a classified 
annex, if necessary. 
SEC. 
1256. 
EXTENSION 
OF 
COUNTERPROLIFERATION 
PROGRAM 
REVIEW COMMITTEE. 
(a) MEMBERS.—Section 1605 of the National Defense Authoriza-
tion Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is amended 
in subsection (a)(1)— 
(1) in subparagraph (C) by striking ‘‘Director of Central 
Intelligence’’ and inserting ‘‘Director of National Intelligence’’; 
and 
(2) by adding at the end the following: 
‘‘(E) The Secretary of State. 
‘‘(F) The Secretary of Homeland Security.’’. 
(b) ACCESS TO INFORMATION.—Subsection (d) of such section 
is amended by inserting after ‘‘Department of Energy,’’ the fol-
lowing: ‘‘the Department of State, the Department of Homeland 
Security,’’. 
(c) TERMINATION.—Subsection (f) of such section is amended 
by striking ‘‘2008’’ and inserting ‘‘2013’’. 
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122 STAT. 404 
PUBLIC LAW 110–181—JAN. 28, 2008 
(d) SUBMISSION
OF REPORT.—Section 1503 of the National 
Defense Authorization Act for Fiscal Year 1995 (22 U.S.C. 2751 
note) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘ANNUAL’’ and inserting ‘‘BIENNIAL’’; 
and 
(B) by striking ‘‘each year’’ and inserting ‘‘each odd- 
numbered year’’; and 
(2) in subsection (b)(5)— 
(A) by striking ‘‘fiscal year preceding’’ and inserting 
‘‘two fiscal years preceding’’; and 
(B) by striking ‘‘preceding fiscal year’’ and inserting 
‘‘preceding fiscal years’’. 
SEC. 1257. SENSE OF CONGRESS ON THE WESTERN HEMISPHERE 
INSTITUTE FOR SECURITY COOPERATION. 
It is the sense of Congress that— 
(1) the education and training facility of the Department 
of Defense known as the Western Hemisphere Institute for 
Security Cooperation has the mission of providing professional 
education and training to eligible military personnel, law 
enforcement officials, and civilians of nations of the Western 
Hemisphere that support the democratic principles set forth 
in the Inter-American Democratic Charter of the Organization 
of American States, while fostering mutual knowledge, trans-
parency, confidence, and cooperation among the participating 
nations and promoting democratic values and respect for human 
rights; and 
(2) therefore, the Institute is an invaluable education and 
training facility which the Department of Defense should con-
tinue to utilize in order to help foster a spirit of partnership 
and interoperability among the United States military and 
the militaries of participating nations. 
SEC. 1258. SENSE OF CONGRESS ON IRAN. 
It is the sense of Congress that— 
(1) the manner in which the United States transitions 
and structures its military presence in Iraq will have critical 
long-term consequences for the future of the Persian Gulf and 
the Middle East, in particular with regard to the ability of 
the Government of Iran to pose a threat to the security of 
the region, the prospects for democracy for the people of the 
region, and the health of the global economy; 
(2) it is in the national interest of the United States that 
the Government of Iran should not use extremists in Iraq 
to subvert or co-opt the institutions of the legitimate Govern-
ment of Iraq; 
(3) the United States should designate Iran’s Islamic 
Revolutionary Guards Corps as a foreign terrorist organization 
under section 219 of the Immigration and Nationality Act (8 
U.S.C. 1189) and place the Islamic Revolutionary Guards Corps 
on the list of Specially Designated Global Terrorists, as estab-
lished under the International Emergency Economic Powers 
Act (50 U.S.C. 1701 et seq.) and initiated under Executive 
Order 13224 (September 23, 2001); and 
(4) the United States should act with all possible expedi-
ency to complete the listing of those entities targeted under 
United Nations Security Council Resolutions 1737 and 1747, 
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122 STAT. 405 
PUBLIC LAW 110–181—JAN. 28, 2008 
adopted unanimously on December 23, 2006, and March 24, 
2007, respectively. 
Subtitle E—Reports 
SEC. 1261. ONE-YEAR EXTENSION OF UPDATE ON REPORT ON CLAIMS 
RELATING TO THE BOMBING OF THE LABELLE DIS-
COTHEQUE. 
Section 1225 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3465) is amended— 
(1) in subsection (b)(2)— 
(A) in the heading, by striking ‘‘UPDATE’’ and inserting 
‘‘UPDATES’’; and 
(B) by inserting ‘‘and not later than two years after 
enactment of this Act,’’ after ‘‘Not later than one year 
after enactment of this Act,’’; and 
(2) in subsection (c), by striking ‘‘Committee on Inter-
national Relations’’ and inserting ‘‘Committee on Foreign 
Affairs’’. 
SEC. 1262. REPORT ON UNITED STATES POLICY TOWARD DARFUR, 
SUDAN. 
(a) REQUIREMENT FOR REPORT.— 
(1) IN GENERAL.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense and 
the Secretary of State shall jointly submit to the appropriate 
congressional committees a report on the policy of the United 
States to address the crisis in the Darfur region of Sudan, 
eastern Chad, and north-eastern Central African Republic, and 
on the contributions of the Department of Defense and the 
Department of State to the North Atlantic Treaty Organization 
(NATO), the United Nations, and the African Union in support 
of the current African Union Mission in Sudan (AMIS) or 
any covered United Nations mission. 
(2) UPDATE OF REPORT.—Not later than 180 days after 
the submission of the report required under paragraph (1), 
the Secretary of Defense and the Secretary of State shall jointly 
submit to the appropriate congressional committees an update 
of the report. 
(b) ELEMENTS.—The report required under subsection (a) shall 
include the following: 
(1) An assessment of the extent to which the Government 
of Sudan is in compliance with its obligations under inter-
national law and as a member of the United Nations, including 
under United Nations Security Council Resolutions 1591 (2005), 
1706 (2006), 1769 (2007), and 1784 (2007) and a description 
of any violations of such obligations, including violations 
relating to the denial of or delay in facilitating access by AMIS 
and United Nations peacekeeping forces to conflict areas, failure 
to implement responsibilities to demobilize and disarm the 
Janjaweed militias, obstruction of the voluntary safe return 
of internally displaced persons and refugees, and degradation 
of security of and access to humanitarian supply routes. 
(2) An assessment of the role played by rebel forces in 
contributing to violence being carried out against civilians and 
humanitarian organizations and of the impact of such activities 
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122 STAT. 406 
PUBLIC LAW 110–181—JAN. 28, 2008 
on international efforts to create conditions of peace and secu-
rity on the ground. 
(3) A comprehensive explanation of the policy of the United 
States to address the crisis in the Darfur region, including 
the activities undertaken by the Department of Defense and 
the Department of State in support of that policy. 
(4) A comprehensive assessment of the potential impact 
of a no-fly zone for the Darfur region, including an assessment 
of the impact of such a no-fly zone on humanitarian efforts 
in Darfur and the region and a plan to minimize any negative 
impact on such humanitarian efforts during the implementation 
of such a no-fly zone. 
(5) A description of contributions made by the Department 
of Defense and the Department of State in support of NATO 
assistance to AMIS and any covered United Nations mission. 
(6) An assessment of the extent to which additional United 
States Government resources are necessary to meet its obliga-
tions to AMIS and any covered United Nations mission. 
(7) An assessment of the force size and composition of 
an international effort estimated to be necessary to provide 
protection to civilian populations currently displaced in the 
Darfur region, as well as the force size and composition of 
an international effort estimated to be necessary to provide 
broader stability within that region. 
(8) An examination of the current capacity of the existing 
airfield in Abeche, Chad, including the scope of its current 
use by the international community in response to the crisis 
in the Darfur region. 
(9) An analysis of the upgrades, and their associated costs, 
necessary to enable the airfield in Abeche, Chad, to be improved 
to be fully capable of accommodating a humanitarian, peace-
keeping, or other force deployment of the size foreseen by 
United Nations Security Council Resolution 1769 calling for 
a United Nations deployment to Chad and a hybrid force of 
the United Nations and African Union operating under Chapter 
VII of the United Nations Charter for Sudan. 
(c) FORM AND AVAILABILITY OF REPORTS.— 
(1) FORM.—The report and update of the report required 
under subsection (a) shall be submitted in an unclassified form, 
but may include a classified annex. 
(2) AVAILABILITY.—The unclassified portion of the report 
and update of the report required under subsection (a) shall 
be made available to the public. 
(d) REPEAL
OF SUPERSEDED REPORT REQUIREMENT.—Section 
1227 of the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2426) is repealed. 
(e) DEFINITIONS.—In this section: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Armed Services and the Com-
mittee on Foreign Relations of the Senate; and 
(B) the Committee on Armed Services and the Com-
mittee on Foreign Affairs of the House of Representatives. 
(2) COVERED UNITED NATIONS MISSION.—The term ‘‘covered 
United Nations mission’’ means any United Nations-African 
Union hybrid peacekeeping operation in the Darfur region of 
Sudan, and any United Nations peacekeeping operation in the 
Public 
information. 
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122 STAT. 407 
PUBLIC LAW 110–181—JAN. 28, 2008 
Darfur region, eastern Chad, or northern Central African 
Republic, that is deployed on or after the date of the enactment 
of this Act. 
SEC. 1263. INCLUSION OF INFORMATION ON ASYMMETRIC CAPABILI-
TIES IN ANNUAL REPORT ON MILITARY POWER OF THE 
PEOPLE’S REPUBLIC OF CHINA. 
Section 1202(b) of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 113 note) is 
amended by adding at the end the following new paragraph: 
‘‘(9) Developments in China’s asymmetric capabilities, 
including efforts to acquire, develop, and deploy cyberwarfare 
capabilities.’’. 
SEC. 1264. REPORT ON APPLICATION OF THE UNIFORM CODE OF MILI-
TARY 
JUSTICE 
TO 
CIVILIANS 
ACCOMPANYING 
THE 
ARMED FORCES DURING A TIME OF DECLARED WAR OR 
CONTINGENCY OPERATION. 
(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 Committees on Armed Services of the Senate and the House 
of Representatives a report on the status of implementing paragraph 
(10) of section 802(a) of title 10, United States Code (article 2(a) 
of the Uniform Code of Military Justice), as amended by section 
552 of the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109–364), related to the application 
of chapter 47 of such title (the Uniform Code of Military Justice) 
to persons serving with or accompanying an armed force in the 
field during a time of declared war or contingency operation. 
(b) CONTENTS OF REPORT.—The report required by subsection 
(a) shall include each of the following: 
(1) A discussion of how the Secretary has resolved issues 
related to establishing jurisdiction under such chapter over 
persons referred to in paragraph (10) of section 802(a) of title 
10, United States Code (article 2(a) of the Uniform Code of 
Military Justice), specifically with respect to persons under 
contract with the Department of Defense or with other Federal 
agencies. 
(2) An identification of any outstanding issues that remain 
to be resolved with respect to implementing such paragraph 
and a timetable for resolving such issues. 
(3) A description of key implementing steps that have been 
taken or remain to be taken to assert jurisdiction under chapter 
47 of such title over such persons. 
(4) An explanation of the Secretary’s approach to identi-
fying factors that commanders should consider in determining 
whether to seek prosecution of such a person under such 
chapter or under chapter 212 of title 18, United States Code. 
SEC. 1265. REPORT ON FAMILY REUNIONS BETWEEN UNITED STATES 
CITIZENS AND THEIR RELATIVES IN NORTH KOREA. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the President shall transmit to Con-
gress a report on family reunions between United States citizens 
and their relatives in the Democratic People’s Republic of Korea. 
(b) ELEMENTS.—The report under subsection (a) shall include 
the following: 
President. 
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122 STAT. 408 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) A description of the efforts, if any, of the United States 
Government to facilitate family reunions between United States 
citizens and their relatives in North Korea, including the fol-
lowing: 
(A) Discussing with North Korea family reunions 
between United States citizens and their relatives in North 
Korea. 
(B) Planning, in the event of a normalization of rela-
tions between the United States and North Korea, for 
the appropriate role of the United States embassy in 
Pyongyang, North Korea, in facilitating family reunions 
between United States citizens and their relatives in North 
Korea. 
(2) A description of additional efforts, if any, of the United 
States Government to facilitate family reunions between United 
States citizens and their relatives in North Korea that the 
President considers to be desirable and feasible. 
SEC. 1266. REPORTS ON PREVENTION OF MASS ATROCITIES. 
(a) DEPARTMENT OF STATE REPORT.— 
(1) REPORT REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of State shall 
submit to the congressional defense committees, the Committee 
on Foreign Relations of the Senate, and the Committee on 
Foreign Affairs of the House of Representatives a report 
assessing the capability of the Department of State to provide 
training and guidance to the command of an international 
intervention force that seeks to prevent mass atrocities. 
(2) CONTENT.—The report required under paragraph (1) 
shall include the following: 
(A) An evaluation of any doctrine currently used by 
the Secretary of State to prepare for the training and 
guidance of the command of an international intervention 
force. 
(B) An assessment of the role played by the United 
States in developing the ‘‘responsibility to protect’’ doctrine 
described in paragraphs 138 through 140 of the outcome 
document of the High-level Plenary Meeting of the General 
Assembly adopted by the United Nations in September 
2005, and an update on actions taken by the United States 
Mission to the United Nations to discuss, promote, and 
implement such doctrine. 
(C) An assessment of the potential capability of the 
Department of State and other Federal departments and 
agencies to support the development of new doctrines for 
the training and guidance of an international intervention 
force in keeping with the ‘‘responsibility to protect’’ doc-
trine. 
(D) Recommendations as to the steps necessary to allow 
the Secretary of State to provide more effective training 
and guidance to an international intervention force. 
(b) DEPARTMENT OF DEFENSE REPORT.— 
(1) REPORT REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees, the Com-
mittee on Foreign Relations of the Senate, and the Committee 
on Foreign Affairs of the House of Representatives a report 
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122 STAT. 409 
PUBLIC LAW 110–181—JAN. 28, 2008 
assessing the capability of the Department of Defense to provide 
training and guidance to the command of an international 
intervention force that seeks to prevent mass atrocities. 
(2) CONTENT.—The report required under paragraph (1) 
shall include the following: 
(A) An evaluation of any doctrine currently used by 
the Secretary of Defense to prepare for the training and 
guidance of the command of an international intervention 
force. 
(B) An assessment of the potential capability of the 
Department of Defense and other Federal departments and 
agencies to support the development of new doctrines for 
the training and guidance of an international intervention 
force in keeping with the ‘‘responsibility to protect’’ doc-
trine. 
(C) Recommendations as to the steps necessary to allow 
the Secretary of Defense to provide more effective training 
and guidance to an international intervention force. 
(D) A summary of any assessments or studies of the 
Department of Defense or other Federal departments or 
agencies relating to ‘‘Operation Artemis’’, the 2004 French 
military deployment and intervention in the eastern region 
of the Democratic Republic of Congo to protect civilians 
from local warring factions. 
(c) INTERNATIONAL INTERVENTION FORCE.—For the purposes 
of this section, ‘‘international intervention force’’ means a military 
force that— 
(1) is authorized by the United Nations; and 
(2) has a mission that is narrowly focused on the protection 
of civilian life and the prevention of mass atrocities such as 
genocide. 
SEC. 1267. REPORT ON THREATS TO THE UNITED STATES FROM 
UNGOVERNED AREAS. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense and the 
Secretary of State, in coordination with the Director of National 
Intelligence, shall jointly submit to the specified congressional 
committees a report on the threats posed to the United States 
from ungoverned areas, including the threats to the United States 
from terrorist groups and individuals located in such areas who 
direct their activities against the national security interests of 
the United States and its allies. 
(b) ELEMENTS.—The report required under subsection (a) shall 
include the following: 
(1) A description of those areas the United States Govern-
ment considers ungoverned, including— 
(A) a description of the geo-political and cultural influ-
ences exerted within such areas and by whom; 
(B) a description of the economic conditions and pros-
pects and the major social dynamics of such areas; and 
(C) a description of the United States Government’s 
relationships with entities located in such areas, including 
with relevant national or other governments and relevant 
tribal or other groups. 
(2) A description of the capabilities required by the United 
States Government to support United States policy aimed at 
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122 STAT. 410 
PUBLIC LAW 110–181—JAN. 28, 2008 
managing the threats described in subsection (a), including, 
specifically, the technical, linguistic, and analytical capabilities 
required by the Department of Defense and the Department 
of State. 
(3) An assessment of the extent to which the Department 
of Defense and the Department of State possess the capabilities 
described in paragraph (2) as well as the necessary resources 
and organization to support United States policy aimed at 
managing the threats described in subsection (a). 
(4) A description of the extent to which the implementation 
of Department of Defense Directive 3000.05, entitled ‘‘Military 
Support for Stability, Security, Transition, and Reconstruction 
Operations’’, will support United States policy for managing 
such threats. 
(5) A description of the actions, if any, to be taken to 
improve the capabilities of the Department of Defense and 
the Department of State described in paragraph (2), and the 
schedule for implementing any actions so described. 
(c) FORM.—The report required under subsection (a) shall be 
submitted in unclassified form, to the maximum extent practicable, 
but may contain a classified annex, if necessary. 
(d) DEFINITION.—In this section, the term ‘‘specified congres-
sional committees’’ means— 
(1) the Committee on Armed Services, the Committee on 
Foreign Relations, and the Committee on Appropriations of 
the Senate; and 
(2) the Committee on Armed Services, the Committee on 
Foreign Affairs, and the Committee on Appropriations of the 
House of Representatives. 
TITLE XIII—COOPERATIVE THREAT RE-
DUCTION 
WITH 
STATES 
OF 
THE 
FORMER SOVIET UNION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Specification of Cooperative Threat Reduction programs in states outside 
the former Soviet Union. 
Sec. 1304. Repeal of restrictions on assistance to states of the former Soviet Union 
for Cooperative Threat Reduction. 
Sec. 1305. Modification of authority to use Cooperative Threat Reduction funds out-
side the former Soviet Union. 
Sec. 1306. New initiatives for the Cooperative Threat Reduction Program. 
Sec. 1307. Report relating to chemical weapons destruction at Shchuch’ye, Russia. 
Sec. 1308. National Academy of Sciences study of prevention of proliferation of bio-
logical weapons. 
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
PROGRAMS AND FUNDS. 
(a) SPECIFICATION OF COOPERATIVE THREAT REDUCTION PRO-
GRAMS.—For purposes of section 301 and other provisions of this 
Act, Cooperative Threat Reduction programs are the programs 
specified in section 1501(b) of the National Defense Authorization 
Act for Fiscal Year 1997 (50 U.S.C. 2362 note), as amended by 
section 1303 of this Act. 
22 USC 5852 
note. 
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122 STAT. 411 
PUBLIC LAW 110–181—JAN. 28, 2008 
(b) FISCAL YEAR 2008 COOPERATIVE THREAT REDUCTION FUNDS 
DEFINED.—As used in this title, the term ‘‘fiscal year 2008 Coopera-
tive Threat Reduction funds’’ means the funds appropriated pursu-
ant to the authorization of appropriations in section 301 for 
Cooperative Threat Reduction programs. 
(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 
the authorization of appropriations in section 301 for Cooperative 
Threat Reduction programs shall be available for obligation for 
three fiscal years. 
SEC. 1302. FUNDING ALLOCATIONS. 
(a) FUNDING
FOR SPECIFIC PURPOSES.—Of the $428,048,000 
authorized to be appropriated to the Department of Defense for 
fiscal year 2008 in section 301(19) for Cooperative Threat Reduction 
programs, the following amounts may be obligated for the purposes 
specified: 
(1) For strategic offensive arms elimination in Russia, 
$92,885,000. 
(2) For nuclear weapons storage security in Russia, 
$47,640,000. 
(3) For nuclear weapons transportation security in Russia, 
$37,700,000. 
(4) For weapons of mass destruction proliferation preven-
tion in the states of the former Soviet Union, $47,986,000. 
(5) For biological weapons proliferation prevention in the 
former Soviet Union, $158,489,000. 
(6) For chemical weapons destruction, $6,000,000. 
(7) For defense and military contacts, $8,000,000. 
(8) For new Cooperative Threat Reduction initiatives that 
are outside the former Soviet Union, $10,000,000. 
(9) For activities designated as Other Assessments/ 
Administrative Support, $19,348,000. 
(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR 
OTHER PURPOSES.—No fiscal year 2008 Cooperative Threat Reduc-
tion funds may be obligated or expended for a purpose other than 
a purpose listed in paragraphs (1) through (9) of subsection (a) 
until 30 days after the date that the Secretary of Defense submits 
to Congress a report on the purpose for which the funds will 
be obligated or expended and the amount of funds to be obligated 
or expended. Nothing in the preceding sentence shall be construed 
as authorizing the obligation or expenditure of fiscal year 2008 
Cooperative Threat Reduction funds for a purpose for which the 
obligation or expenditure of such funds is specifically prohibited 
under this title or any other provision of law. 
(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.— 
(1) IN GENERAL.—Subject to paragraph (2), in any case 
in which the Secretary of Defense determines that it is nec-
essary to do so in the national interest, the Secretary may 
obligate amounts appropriated for fiscal year 2008 for a purpose 
listed in paragraphs (1) through (9) of subsection (a) in excess 
of the specific amount authorized for that purpose. 
(2) NOTICE-AND-WAIT
REQUIRED.—An obligation of funds 
for a purpose stated in paragraphs (1) through (9) of subsection 
(a) in excess of the specific amount authorized for such purpose 
may be made using the authority provided in paragraph (1) 
only after— 
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122 STAT. 412 
PUBLIC LAW 110–181—JAN. 28, 2008 
(A) the Secretary submits to Congress notification of 
the intent to do so together with a complete discussion 
of the justification for doing so; and 
(B) 15 days have elapsed following the date of the 
notification. 
SEC. 1303. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
PROGRAMS IN STATES OUTSIDE THE FORMER SOVIET 
UNION. 
Section 1501 of the National Defense Authorization Act for 
Fiscal Year 1997 (50 U.S.C. 2362 note) is amended— 
(1) in subsection (a), by striking ‘‘subsection (b)’’ and 
inserting ‘‘subsections (b) and (c)’’; and 
(2) by adding at the end the following new subsection: 
‘‘(c) SPECIFIED PROGRAMS WITH RESPECT TO STATES OUTSIDE 
THE FORMER SOVIET UNION.—The programs referred to in sub-
section (a) are the following programs with respect to states that 
are not states of the former Soviet Union: 
‘‘(1) Programs to facilitate the elimination, and the safe 
and secure transportation and storage, of chemical or biological 
weapons, weapons components, weapons-related materials, and 
their delivery vehicles. 
‘‘(2) Programs to facilitate safe and secure transportation 
and storage of nuclear weapons, weapons components, and 
their delivery vehicles. 
‘‘(3) Programs to prevent the proliferation of nuclear and 
chemical weapons, weapons components, and weapons-related 
military technology and expertise. 
‘‘(4) Programs to prevent the proliferation of biological 
weapons, weapons components, and weapons-related military 
technology and expertise, which may include activities that 
facilitate detection and reporting of highly pathogenic diseases 
or other diseases that are associated with or that could be 
utilized as an early warning mechanism for disease outbreaks 
that could impact the Armed Forces of the United States or 
allies of the United States. 
‘‘(5) Programs to expand military-to-military and defense 
contacts.’’. 
SEC. 1304. REPEAL OF RESTRICTIONS ON ASSISTANCE TO STATES OF 
THE FORMER SOVIET UNION FOR COOPERATIVE THREAT 
REDUCTION. 
(a) IN GENERAL.— 
(1) SOVIET NUCLEAR THREAT REDUCTION ACT OF 1991.—The 
Soviet Nuclear Threat Reduction Act of 1991 (title II of Public 
Law 102–228; 22 U.S.C. 2551 note) is amended— 
(A) by striking section 211; and 
(B) in section 212, by striking ‘‘, consistent with the 
findings stated in section 211,’’. 
(2) COOPERATIVE THREAT REDUCTION ACT OF 1993.—Section 
1203 of the Cooperative Threat Reduction Act of 1993 (22 
U.S.C. 5952) is amended by striking subsection (d). 
(3) RUSSIAN CHEMICAL WEAPONS DESTRUCTION FACILITIES.— 
Section 1305 of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106–65; 22 U.S.C. 5952 note) 
is repealed. 
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122 STAT. 413 
PUBLIC LAW 110–181—JAN. 28, 2008 
(4) CONFORMING REPEAL.—Section 1303 of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal Year 
2005 (Public Law 108–375; 22 U.S.C. 5952 note) is repealed. 
(b) INAPPLICABILITY OF OTHER RESTRICTIONS.—Section 502 of 
the Freedom for Russia and Emerging Eurasian Democracies and 
Open Markets Support Act of 1992 (22 U.S.C. 5852) shall not 
apply to any Cooperative Threat Reduction program. 
SEC. 1305. MODIFICATION OF AUTHORITY TO USE COOPERATIVE 
THREAT REDUCTION FUNDS OUTSIDE THE FORMER 
SOVIET UNION. 
Section 1308 of the National Defense Authorization Act for 
Fiscal Year 2004 (22 U.S.C. 5963) is amended— 
(1) in subsection (a), by striking ‘‘Subject to’’ and all that 
follows through ‘‘the following:’’ and inserting ‘‘Subject to the 
provisions of this section, the Secretary of Defense may obligate 
and expend Cooperative Threat Reduction funds for a fiscal 
year, and any Cooperative Threat Reduction funds for a fiscal 
year before such fiscal year that remain available for obligation, 
for a proliferation threat reduction project or activity outside 
the states of the former Soviet Union if the Secretary of 
Defense, with the concurrence of the Secretary of State, deter-
mines each of the following:’’; 
(2) by striking subsection (c) and redesignating subsections 
(d) and (e) as (c) and (d), respectively; and 
(3) by amending subsection (c) (as so redesignated) to read 
as follows: 
‘‘(c) LIMITATION ON AVAILABILITY OF FUNDS.— 
‘‘(1) The Secretary of Defense may not obligate funds for 
a project or activity under the authority in subsection (a) of 
this section until the Secretary of Defense, with the concurrence 
of the Secretary of State, makes each determination specified 
in that subsection with respect to such project or activity. 
‘‘(2) Not later than 10 days after obligating funds under 
the authority in subsection (a) of this section for a project 
or activity, the Secretary of Defense and the Secretary of State 
shall notify Congress in writing of the determinations made 
under paragraph (1) with respect to such project or activity, 
together with— 
‘‘(A) a justification for such determinations; and 
‘‘(B) a description of the scope and duration of such 
project or activity.’’. 
SEC. 1306. NEW INITIATIVES FOR THE COOPERATIVE THREAT REDUC-
TION PROGRAM. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the Department of Defense Cooperative Threat Reduc-
tion (CTR) Program should be strengthened and expanded, 
in part by developing new CTR initiatives; 
(2) such new initiatives should— 
(A) be well-coordinated with the Department of Energy, 
the Department of State, and any other relevant United 
States Government agency or department; 
(B) include appropriate transparency and account-
ability mechanisms, and legal frameworks and agreements 
between the United States and CTR partner countries; 
(C) reflect engagement with non-governmental experts 
on possible new options for the CTR Program; 
Deadline. 
Notification. 
22 USC 5852 
note. 
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122 STAT. 414 
PUBLIC LAW 110–181—JAN. 28, 2008 
(D) include work with the Russian Federation and 
other countries to establish strong CTR partnerships that, 
among other things— 
(i) increase the role of scientists and government 
officials of CTR partner countries in designing CTR 
programs and projects; and 
(ii) increase financial contributions and additional 
commitments to CTR programs and projects from 
Russia and other partner countries, as appropriate, 
as evidence that the programs and projects reflect 
national priorities and will be sustainable; 
(E) include broader international cooperation and part-
nerships, and increased international contributions; 
(F) incorporate a strong focus on national programs 
and sustainability, which includes actions to address con-
cerns raised and recommendations made by the Govern-
ment Accountability Office, in its report of February 2007 
titled ‘‘Progress Made in Improving Security at Russian 
Nuclear Sites, but the Long-Term Sustainability of U.S. 
Funded Security Upgrades is Uncertain’’, which pertain 
to the Department of Defense; 
(G) continue to focus on the development of CTR pro-
grams and projects that secure nuclear weapons; secure 
and eliminate chemical and biological weapons and 
weapons-related materials; and eliminate nuclear, chem-
ical, and biological weapons-related delivery vehicles and 
infrastructure at the source; and 
(H) include efforts to develop new CTR programs and 
projects in Russia and the former Soviet Union, and in 
countries and regions outside the former Soviet Union, 
as appropriate and in the interest of United States national 
security; and 
(3) such new initiatives could include— 
(A) programs and projects in Asia and the Middle 
East; and 
(B) activities relating to the denuclearization of the 
Democratic People’s Republic of Korea. 
(b) NATIONAL ACADEMY OF SCIENCES STUDY.— 
(1) STUDY.—Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Defense shall enter 
into an arrangement with the National Academy of Sciences 
under which the Academy shall carry out a study to analyze 
options for strengthening and expanding the CTR Program. 
(2) MATTERS TO BE INCLUDED IN STUDY.—The Secretary 
shall provide for the study under paragraph (1) to include— 
(A) an assessment of new CTR initiatives described 
in subsection (a); and 
(B) an identification of options and recommendations 
for strengthening and expanding the CTR Program. 
(3) SUBMISSION
OF
NATIONAL
ACADEMY
OF
SCIENCES 
REPORT.—The National Academy of Sciences shall submit to 
Congress a report on the study under this subsection at the 
same time that such report is submitted to the Secretary of 
Defense pursuant to subsection (c). 
(c) SECRETARY OF DEFENSE REPORT.— 
(1) IN GENERAL.—Not later than 90 days after receipt of 
the report under subsection (b), the Secretary of Defense shall 
Deadline. 
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122 STAT. 415 
PUBLIC LAW 110–181—JAN. 28, 2008 
submit to Congress a report on new CTR initiatives. The report 
shall include— 
(A) a summary of the results of the study carried 
out under subsection (b); 
(B) an assessment by the Secretary of the study; and 
(C) a statement of the actions, if any, to be undertaken 
by the Secretary to implement any recommendations in 
the study. 
(2) FORM.—The report shall be in unclassified form but 
may include a classified annex if necessary. 
(d) FUNDING.—Of the amounts appropriated pursuant to the 
authorization of appropriations in section 301(19) or otherwise made 
available for Cooperative Threat Reduction programs for fiscal year 
2008, not more than $1,000,000 shall be obligated or expended 
to carry out this section. 
SEC. 1307. REPORT RELATING TO CHEMICAL WEAPONS DESTRUCTION 
AT SHCHUCH’YE, RUSSIA. 
(a) DEFINITION.—In this section, the terms ‘‘Shchuch’ye project’’ 
and ‘‘project’’ mean the Cooperative Threat Reduction Program 
chemical weapons destruction project located in the area of 
Shchuch’ye in the Russian Federation. 
(b) REPORT REQUIRED.—Not later than 90 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 Shchuch’ye 
project. The report shall include— 
(1) a current and detailed cost estimate for completion 
of the project, to include costs that will be borne by the United 
States and Russia, respectively; and 
(2) a specific strategic and operating plan for completion 
of the project, which includes— 
(A) the Department’s plans to ensure robust project 
management and oversight, including management and 
oversight with respect to the performance of any contrac-
tors; 
(B) project quality assurance and sustainability meas-
ures; 
(C) metrics for measuring project progress with a time-
table for achieving goals, including initial systems integra-
tion and start-up testing; and 
(D) a projected project completion date. 
SEC. 1308. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION 
OF PROLIFERATION OF BIOLOGICAL WEAPONS. 
(a) STUDY REQUIRED.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Defense shall enter 
into an arrangement with the National Academy of Sciences under 
which the Academy shall carry out a study to identify areas for 
cooperation with states other than states of the former Soviet 
Union under the Cooperative Threat Reduction Program of the 
Department of Defense in the prevention of proliferation of 
biological weapons. 
(b) MATTERS TO BE INCLUDED IN STUDY.—The Secretary shall 
provide for the study under subsection (a) to include the following: 
(1) An assessment of the capabilities and capacity of govern-
ments of developing countries to control the containment and 
use of dual-use technologies of potential interest to terrorist 
organizations or individuals with hostile intentions. 
Deadline. 
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122 STAT. 416 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) An assessment of the approaches to cooperative threat 
reduction used by the states of the former Soviet Union that 
are of special relevance in preventing the proliferation of 
biological weapons in other areas of the world. 
(3) A brief review of programs of the United States Govern-
ment and other governments, international organizations, 
foundations, and other private sector entities that may con-
tribute to the prevention of the proliferation of biological 
weapons. 
(4) Recommendations on steps for integrating activities 
of the Cooperative Threat Reduction Program relating to 
biological weapons proliferation prevention with activities of 
other departments and agencies of the United States, as appro-
priate, in states outside of the former Soviet Union. 
(c) SUBMISSION OF NATIONAL ACADEMY OF SCIENCES REPORT.— 
The National Academy of Sciences shall submit to Congress a 
report on the study under subsection (a) at the same time that 
such report is submitted to the Secretary of Defense pursuant 
to subsection (d). 
(d) SECRETARY OF DEFENSE REPORT.— 
(1) IN GENERAL.—Not later than 90 days after receipt of 
the report required by subsection (a), the Secretary shall submit 
to the Congress a report on the study carried out under sub-
section (a). 
(2) MATTERS TO BE INCLUDED.—The report under paragraph 
(1) shall include the following: 
(A) A summary of the results of the study carried 
out under subsection (a). 
(B) An assessment by the Secretary of the study. 
(C) A statement of the actions, if any, to be undertaken 
by the Secretary to implement any recommendations in 
the study. 
(3) FORM.—The report under paragraph (1) shall be sub-
mitted in unclassified form, but may include a classified annex. 
(e) FUNDING.—Of the amounts appropriated pursuant to the 
authorization of appropriations in section 301(19) or otherwise made 
available for Cooperative Threat Reduction programs for fiscal year 
2008, not more than $1,000,000 may be obligated or expended 
to carry out this section. 
TITLE XIV—OTHER AUTHORIZATIONS 
Subtitle A—Military Programs 
Sec. 1401. Working capital funds. 
Sec. 1402. National Defense Sealift Fund. 
Sec. 1403. Defense Health Program. 
Sec. 1404. Chemical agents and munitions destruction, Defense. 
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1406. Defense Inspector General. 
Subtitle B—National Defense Stockpile 
Sec. 1411. Authorized uses of National Defense Stockpile funds. 
Sec. 1412. Revisions to required receipt objectives for previously authorized dis-
posals from the National Defense Stockpile. 
Sec. 1413. Disposal of ferromanganese. 
Sec. 1414. Disposal of chrome metal. 
Subtitle C—Armed Forces Retirement Home 
Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 
Sec. 1422. Administration and oversight of the Armed Forces Retirement Home. 
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122 STAT. 417 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle A—Military Programs 
SEC. 1401. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for providing capital for 
working capital and revolving funds in amounts as follows: 
(1) For the Defense Working Capital Funds, $102,446,000. 
(2) For the Defense Working Capital Fund, Defense Com-
missary, $1,250,300,000. 
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 for the National Defense Sealift Fund in the amount of 
$1,349,094,000. 
SEC. 1403. DEFENSE HEALTH PROGRAM. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2008 for expenses, not otherwise 
provided for, for the Defense Health Program, in the amount of 
$23,080,384,000, of which— 
(1) $22,583,641,000 is for Operation and Maintenance; 
(2) $134,482,000 is for Research, Development, Test, and 
Evaluation; and 
(3) $362,261,000 is for Procurement. 
SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
DEFENSE. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for the Department of Defense for 
fiscal year 2008 for expenses, not otherwise provided for, for Chem-
ical Agents and Munitions Destruction, Defense, in the amount 
of $1,512,724,000, of which— 
(1) $1,181,500,000 is for Operation and Maintenance; 
(2) $312,800,000 is for Research, Development, Test, and 
Evaluation; and 
(3) $18,424,000 is for Procurement. 
(b) USE.—Amounts authorized to be appropriated under sub-
section (a) are authorized for— 
(1) the destruction of lethal chemical agents and munitions 
in accordance with section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521); and 
(2) the destruction of chemical warfare materiel of the 
United States that is not covered by section 1412 of such 
Act. 
SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE-WIDE. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2008 for expenses, not otherwise 
provided for, for Drug Interdiction and Counter-Drug Activities, 
Defense-wide, in the amount of $938,022,000. 
SEC. 1406. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2008 for expenses, not otherwise 
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122 STAT. 418 
PUBLIC LAW 110–181—JAN. 28, 2008 
provided for, for the Office of the Inspector General of the Depart-
ment of Defense, in the amount of $225,995,000, of which— 
(1) $224,995,000 is for Operation and Maintenance; and 
(2) $1,000,000 is for Procurement. 
Subtitle B—National Defense Stockpile 
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 
FUNDS. 
(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2008, 
the National Defense Stockpile Manager may obligate up to 
$44,825,000 of the funds in the National Defense Stockpile Trans-
action Fund established under subsection (a) of section 9 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) 
for the authorized uses of such funds under subsection (b)(2) of 
such section, including the disposal of hazardous materials that 
are environmentally sensitive. 
(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 
Manager may obligate amounts in excess of the amount specified 
in subsection (a) if the National Defense Stockpile Manager notifies 
Congress that extraordinary or emergency conditions necessitate 
the additional obligations. The National Defense Stockpile Manager 
may make the additional obligations described in the notification 
after the end of the 45-day period beginning on the date on which 
Congress receives the notification. 
(c) LIMITATIONS.—The authorities provided by this section shall 
be subject to such limitations as may be provided in appropriations 
Acts. 
SEC. 1412. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PRE-
VIOUSLY AUTHORIZED DISPOSALS FROM THE NATIONAL 
DEFENSE STOCKPILE. 
(a) FISCAL YEAR 2000 DISPOSAL AUTHORITY.—Section 3402(b) 
of the National Defense Authorization Act for Fiscal Year 2000 
(50 U.S.C. 98d note), as amended by section 3302 of the National 
Defense Authorization Act for Fiscal Year 2004 (Public Law 108– 
136; 117 Stat. 1788) and section 3302 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 
Stat. 3545), is amended by striking ‘‘$600,000,000 before’’ in para-
graph (5) and inserting ‘‘$710,000,000 by’’. 
(b) FISCAL YEAR 1999 DISPOSAL AUTHORITY.—Section 3303(a) 
of the Strom Thurmond National Defense Authorization Act for 
Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 98d note), as 
amended by section 3302 of the Ronald W. Reagan National Defense 
Authorization Act for Year 2005 (Public Law 108–375; 118 Stat. 
2193), section 3302 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3545), and section 
3302(a) of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2513), is 
amended by striking ‘‘$1,016,000,000 by the end of fiscal year 
2014’’ in paragraph (7) and inserting ‘‘$1,066,000,000 by the end 
of fiscal year 2015’’. 
SEC. 1413. DISPOSAL OF FERROMANGANESE. 
(a) DISPOSAL AUTHORIZED.—The Secretary of Defense may dis-
pose of up to 50,000 tons of ferromanganese from the National 
Defense Stockpile during fiscal year 2008. 
50 USC 98d note. 
Notification. 
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122 STAT. 419 
PUBLIC LAW 110–181—JAN. 28, 2008 
(b) CONTINGENT AUTHORITY FOR ADDITIONAL DISPOSAL.— 
(1) IN GENERAL.—If the Secretary of Defense enters into 
a contract for the disposal of the total quantity of 
ferromanganese authorized for disposal by subsection (a) before 
September 30, 2008, the Secretary of Defense may dispose 
of up to an additional 25,000 tons of ferromanganese from 
the National Defense Stockpile before that date. 
(2) ADDITIONAL AMOUNTS.—If the Secretary enters into a 
contract for the disposal of the total quantity of additional 
ferromanganese authorized for disposal by paragraph (1) before 
September 30, 2008, the Secretary may dispose of up to an 
additional 25,000 tons of ferromanganese from the National 
Defense Stockpile before that date. 
(c) CERTIFICATION.—The Secretary of Defense may dispose of 
ferromanganese under the authority of paragraph (1) or (2) of 
subsection (b) only if the Secretary submits to the Committee on 
Armed Services of the Senate and the Committee on Armed Services 
of the House of Representatives, written certification that— 
(1) the disposal of the additional ferromanganese from the 
National Defense Stockpile under such paragraph is in the 
interest of national defense; 
(2) the disposal of the additional ferromanganese under 
such paragraph will not cause disruption to the usual markets 
of producers and processors of ferromanganese in the United 
States; and 
(3) the disposal of the additional ferromanganese under 
such paragraph is consistent with the requirements and pur-
pose of the National Defense Stockpile. 
(d) NATIONAL DEFENSE STOCKPILE DEFINED.—In this section, 
the term ‘‘National Defense Stockpile’’ means the stockpile provided 
for in section 4 of the Strategic and Critical Materials Stock Piling 
Act (50 U.S.C. 98c). 
SEC. 1414. DISPOSAL OF CHROME METAL. 
(a) DISPOSAL AUTHORIZED.—The Secretary of Defense may dis-
pose of up to 500 short tons of chrome metal from the National 
Defense Stockpile during fiscal year 2008. 
(b) CONTINGENT AUTHORITY FOR ADDITIONAL DISPOSAL.— 
(1) IN GENERAL.—If the Secretary of Defense completes 
the disposal of the total quantity of chrome metal authorized 
for disposal by subsection (a) before September 30, 2008, the 
Secretary of Defense may dispose of up to an additional 250 
short tons of chrome metal from the National Defense Stockpile 
before that date. 
(2) ADDITIONAL AMOUNTS.—If the Secretary completes the 
disposal of the total quantity of additional chrome metal author-
ized for disposal by paragraph (1) before September 30, 2008, 
the Secretary may dispose of up to an additional 250 short 
tons of chrome metal from the National Defense Stockpile before 
that date. 
(c) CERTIFICATION.—The Secretary of Defense may dispose of 
chrome metal under the authority of paragraph (1) or (2) of sub-
section (b) only if the Secretary submits to the Committee on 
Armed Services of the Senate and the Committee on Armed Services 
of the House of Representatives, not later than 30 days before 
the commencement of disposal under the applicable paragraph, 
written certification that— 
Deadline. 
Deadline. 
50 USC 98d note. 
Contracts. 
Deadline. 
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122 STAT. 420 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) the disposal of the additional chrome metal from the 
National Defense Stockpile is in the interest of national defense; 
(2) the disposal of the additional chrome metal will not 
cause disruption to the usual markets of producers and proc-
essors of chrome metal in the United States; and 
(3) the disposal of the additional chrome metal is consistent 
with the requirements and purpose of the National Defense 
Stockpile. 
(d) NATIONAL DEFENSE STOCKPILE DEFINED.—In this section, 
the term ‘‘National Defense Stockpile’’ means the stockpile provided 
for in section 4 of the Strategic and Critical Materials Stock Piling 
Act (50 U.S.C. 98c). 
Subtitle C—Armed Forces Retirement 
Home 
SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 
RETIREMENT HOME. 
There is authorized to be appropriated for fiscal year 2008 
from the Armed Forces Retirement Home Trust Fund the sum 
of $61,624,000 for the operation of the Armed Forces Retirement 
Home. 
SEC. 1422. ADMINISTRATION AND OVERSIGHT OF THE ARMED FORCES 
RETIREMENT HOME. 
(a) ROLE
OF SECRETARY
OF DEFENSE.—Section 1511 of the 
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411) is 
amended— 
(1) in subsection (d), by adding at the end the following 
new paragraph: 
‘‘(3) The administration of the Retirement Home (including 
administration for the provision of health care and medical care 
for residents) shall remain under the direct authority, control, and 
administration of the Secretary of Defense.’’; and 
(2) in subsection (h), by adding at the end the following 
new sentence: ‘‘The annual report shall include an assessment 
of all aspects of each facility of the Retirement Home, including 
the quality of care at the facility.’’. 
(b) ACCREDITATION.—Subsection (g) of section 1511 of the 
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 411) is 
amended to read as follows: 
‘‘(g) ACCREDITATION.—The Chief Operating Officer shall secure 
and maintain accreditation by a nationally recognized civilian 
accrediting organization for each aspect of each facility of the Retire-
ment Home, including medical and dental care, pharmacy, inde-
pendent living, and assisted living and nursing care.’’. 
(c) SPECTRUM OF CARE.—Section 1513(b) of the Armed Forces 
Retirement Home Act of 1991 (24 U.S.C. 413(b)) is amended by 
inserting after the first sentence the following new sentence: ‘‘The 
services provided residents of the Retirement Home shall include 
appropriate nonacute medical and dental services, pharmaceutical 
services, and transportation of residents, which shall be provided 
at no cost to residents.’’. 
(d) SENIOR MEDICAL ADVISOR FOR RETIREMENT HOME.— 
(1) 
DESIGNATION
AND
DUTIES
OF
SENIOR
MEDICAL 
ADVISOR.—The Armed Forces Retirement Home Act of 1991 
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122 STAT. 421 
PUBLIC LAW 110–181—JAN. 28, 2008 
is amended by inserting after section 1513 (24 U.S.C. 413) 
the following new section: 
‘‘SEC. 1513A. IMPROVED HEALTH CARE OVERSIGHT OF RETIREMENT 
HOME. 
‘‘(a) DESIGNATION OF SENIOR MEDICAL ADVISOR.—(1) The Sec-
retary of Defense shall designate the Deputy Director of the 
TRICARE Management Activity to serve as the Senior Medical 
Advisor for the Retirement Home. 
‘‘(2) The Deputy Director of the TRICARE Management Activity 
shall serve as Senior Medical Advisor for the Retirement Home 
in addition to performing all other duties and responsibilities 
assigned to the Deputy Director of the TRICARE Management 
Activity at the time of the designation under paragraph (1) or 
afterward. 
‘‘(b) RESPONSIBILITIES.—(1) The Senior Medical Advisor shall 
provide advice to the Secretary of Defense, the Under Secretary 
of Defense for Personnel and Readiness, and the Chief Operating 
Officer regarding the direction and oversight of the provision of 
medical, preventive mental health, and dental care services at 
each facility of the Retirement Home. 
‘‘(2) The Senior Medical Advisor shall also provide advice to 
the Local Board for a facility of the Retirement Home regarding 
all medical and medical administrative matters of the facility. 
‘‘(c) DUTIES.—In carrying out the responsibilities set forth in 
subsection (b), the Senior Medical Advisor shall perform the fol-
lowing duties: 
‘‘(1) Ensure the timely availability to residents of the 
Retirement Home, at locations other than the Retirement 
Home, of such acute medical, mental health, and dental care 
as such resident may require that is not available at the 
applicable facility of the Retirement Home. 
‘‘(2) Ensure compliance by the facilities of the Retirement 
Home with accreditation standards, applicable health care 
standards of the Department of Veterans Affairs, or any other 
applicable health care standards and requirements (including 
requirements identified in applicable reports of the Inspector 
General of the Department of Defense). 
‘‘(3) Periodically visit and inspect the medical facilities 
and medical operations of each facility of the Retirement Home. 
‘‘(4) Periodically examine and audit the medical records 
and administration of the Retirement Home. 
‘‘(5) Consult with the Local Board for each facility of the 
Retirement Home not less frequently than once each year. 
‘‘(d) ADVISORY BODIES.—In carrying out the responsibilities set 
forth in subsection (b) and the duties set forth in subsection (c), 
the Senior Medical Advisor may establish and seek the advice 
of such advisory bodies as the Senior Medical Advisor considers 
appropriate.’’. 
(2) CLERICAL AMENDMENT.—The table of contents in section 
1501(b) of the Armed Forces Retirement Home Act of 1991 
(24 U.S.C. 401 note) is amended by inserting after the item 
relating to section 1513 the following new item: 
‘‘1513A. Improved health care oversight of Retirement Home.’’. 
(e) LOCAL BOARDS OF TRUSTEES.— 
24 USC 413a. 
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122 STAT. 422 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) DUTIES.—Subsection (b) of section 1516 of the Armed 
Forces Retirement Home Act of 1991 (24 U.S.C. 416) is amended 
to read as follows: 
‘‘(b) DUTIES.—(1) The Local Board for a facility shall serve 
in an advisory capacity to the Director of the facility and to the 
Chief Operating Officer. 
‘‘(2) The Local Board for a facility shall provide to the Chief 
Operating Officer and the Director of the facility such guidance 
and recommendations on the administration of the facility as the 
Local Board considers appropriate. 
‘‘(3) Not less often than annually, the Local Board for a facility 
shall provide to the Under Secretary of Defense for Personnel 
and Readiness an assessment of all aspects of the facility, including 
the quality of care at the facility.’’. 
(2) COMPOSITION.—Subparagraph (K) of subsection (c) of 
such section is amended to read as follows: 
‘‘(K) One senior representative of one of the chief personnel 
officers of the Armed Forces, who shall be a commissioned 
officer of the Armed Forces serving on active duty in the grade 
of brigadier general, or in the case of the Navy or Coast Guard, 
rear admiral (lower half).’’. 
(f) INSPECTION
OF RETIREMENT HOME.—Section 1518 of the 
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 418) is 
amended to read as follows: 
‘‘SEC. 1518. INSPECTION OF RETIREMENT HOME. 
‘‘(a) DUTY
OF INSPECTOR GENERAL
OF
THE DEPARTMENT
OF 
DEFENSE.—The Inspector General of the Department of Defense 
shall have the duty to inspect the Retirement Home. 
‘‘(b) INSPECTIONS
BY INSPECTOR GENERAL.—(1) In any year 
in which a facility of the Retirement Home is not inspected by 
a nationally recognized civilian accrediting organization, the 
Inspector General of the Department of Defense shall perform a 
comprehensive inspection of all aspects of that facility, including 
independent living, assisted living, medical and dental care, phar-
macy, financial and contracting records, and any aspect of either 
facility on which the Local Board for the facility or the resident 
advisory committee or council of the facility recommends inspection. 
‘‘(2) The Inspector General shall be assisted in inspections 
under this subsection by a medical inspector general of a military 
department designated for purposes of this subsection by the Sec-
retary of Defense. 
‘‘(3) In conducting the inspection of a facility of the Retirement 
Home under this subsection, the Inspector General shall solicit 
concerns, observations, and recommendations from the Local Board 
for the facility, the resident advisory committee or council of the 
facility, and the residents of the facility. Any concerns, observations, 
and recommendations solicited from residents shall be solicited 
on a not-for-attribution basis. 
‘‘(4) The Chief Operating Officer and the Director of each facility 
of the Retirement Home shall make all staff, other personnel, 
and records of each facility available to the Inspector General 
in a timely manner for purposes of inspections under this sub-
section. 
‘‘(c) REPORTS ON INSPECTIONS BY INSPECTOR GENERAL.—(1) The 
Inspector General shall prepare a report describing the results 
of each inspection conducted of a facility of the Retirement Home 
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122 STAT. 423 
PUBLIC LAW 110–181—JAN. 28, 2008 
under subsection (b), and include in the report such recommenda-
tions as the Inspector General considers appropriate in light of 
the inspection. Not later than 45 days after completing the inspec-
tion of the facility, the Inspector General shall submit the report 
to Congress and the Secretary of Defense, the Under Secretary 
of Defense for Personnel and Readiness, the Chief Operating Officer, 
the Director of the facility, the Senior Medical Advisor, and the 
Local Board for the facility. 
‘‘(2) Not later than 45 days after receiving a report of the 
Inspector General under paragraph (1), the Director of the facility 
concerned shall submit to the Secretary of Defense, the Under 
Secretary of Defense for Personnel and Readiness, the Chief Oper-
ating Officer, and the Local Board for the facility, and to Congress, 
a plan to address the recommendations and other matters set 
forth in the report. 
‘‘(d) ADDITIONAL INSPECTIONS.—(1) The Chief Operating Officer 
shall request the inspection of each facility of the Retirement Home 
by a nationally recognized civilian accrediting organization in 
accordance with section 1511(g). 
‘‘(2) The Chief Operating Officer and the Director of a facility 
being inspected under this subsection shall make all staff, other 
personnel, and records of the facility available to the civilian accred-
iting organization in a timely manner for purposes of inspections 
under this subsection. 
‘‘(e) REPORTS ON ADDITIONAL INSPECTIONS.—(1) Not later than 
45 days after receiving a report of an inspection from the civilian 
accrediting organization under subsection (d), the Director of the 
facility concerned shall submit to the Under Secretary of Defense 
for Personnel and Readiness, the Chief Operating Officer, and the 
Local Board for the facility a report containing— 
‘‘(A) the results of the inspection; and 
‘‘(B) a plan to address any recommendations and other 
matters set forth in the report. 
‘‘(2) Not later than 45 days after receiving a report and plan 
under paragraph (1), the Secretary of Defense shall submit the 
report and plan to Congress.’’. 
(g) ARMED FORCES RETIREMENT HOME TRUST FUND.—Section 
1519 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 
419) is amended by adding at the end the following new subsection: 
‘‘(d) REPORTING REQUIREMENTS.—The Chief Financial Officer 
of the Armed Forces Retirement Home shall comply with the 
reporting requirements of subchapter II of chapter 35 of title 31, 
United States Code.’’. 
TITLE XV—AUTHORIZATION OF ADDI-
TIONAL APPROPRIATIONS FOR OPER-
ATION IRAQI FREEDOM AND OPER-
ATION ENDURING FREEDOM 
Sec. 1501. Purpose. 
Sec. 1502. Army procurement. 
Sec. 1503. Navy and Marine Corps procurement. 
Sec. 1504. Air Force procurement. 
Sec. 1505. Joint Improvised Explosive Device Defeat Fund. 
Sec. 1506. Defense-wide activities procurement. 
Sec. 1507. Research, development, test, and evaluation. 
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122 STAT. 424 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 1508. Operation and maintenance. 
Sec. 1509. Working capital funds. 
Sec. 1510. Other Department of Defense programs. 
Sec. 1511. Iraq Freedom Fund. 
Sec. 1512. Iraq Security Forces Fund. 
Sec. 1513. Afghanistan Security Forces Fund. 
Sec. 1514. Military personnel. 
Sec. 1515. Strategic Readiness Fund. 
Sec. 1516. Treatment as additional authorizations. 
Sec. 1517. Special transfer authority. 
SEC. 1501. PURPOSE. 
The purpose of this title is to authorize appropriations for 
the Department of Defense for fiscal year 2008 to provide additional 
funds for Operation Iraqi Freedom and Operation Enduring 
Freedom. 
SEC. 1502. ARMY PROCUREMENT. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 for procurement accounts for the Army in amounts as follows: 
(1) For aircraft procurement, $2,086,864,000. 
(2) For ammunition procurement, $513,600,000. 
(3) For weapons and tracked combat vehicles procurement, 
$7,289,697,000. 
(4) For missile procurement, $641,764,000. 
(5) For other procurement, $32,478,568,000. 
SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. 
(a) NAVY.—Funds are hereby authorized to be appropriated 
for fiscal year 2008 for procurement accounts for the Navy in 
amounts as follows: 
(1) For aircraft procurement, $3,908,458,000. 
(2) For weapons procurement, $318,281,000. 
(3) For other procurement, $1,870,597,000. 
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 2008 for the procurement account for the 
Marine Corps in the amount of $5,519,740,000. 
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 
authorized to be appropriated for fiscal year 2008 for the procure-
ment account for ammunition for the Navy and the Marine Corps 
in the amount of $609,890,000. 
SEC. 1504. AIR FORCE PROCUREMENT. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 for procurement accounts for the Air Force in amounts as 
follows: 
(1) For aircraft procurement, $5,828,239,000. 
(2) For ammunition procurement, $104,405,000. 
(3) For missile procurement, $1,800,000. 
(4) For other procurement, $4,528,126,000. 
SEC. 1505. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized for fiscal year 2008 for the Joint Improvised Explosive 
Device Defeat Fund in the amount of $4,541,000,000. 
(b) USE
AND TRANSFER
OF FUNDS.—Subsections (b) and (c) 
of section 1514 of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439) 
shall apply to the funds appropriated pursuant to the authorization 
of appropriations in subsection (a). 
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122 STAT. 425 
PUBLIC LAW 110–181—JAN. 28, 2008 
(c) REVISION OF MANAGEMENT PLAN.—The Secretary of Defense 
shall revise the management plan required by section 1514(d) of 
the John Warner National Defense Authorization Act for Fiscal 
Year 2007 to identify projected transfers and obligations through 
September 30, 2008. 
(d) DURATION
OF AUTHORITY.—Section 1514(f) of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 
is amended by striking ‘‘September 30, 2009’’ and inserting ‘‘Sep-
tember 30, 2010’’. 
SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 for the procurement account for Defense-wide activities in 
the amount of $768,157,000. 
SEC. 1507. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows: 
(1) For the Army, $183,299,000. 
(2) For the Navy, $695,996,000. 
(3) For the Air Force, $1,457,710,000. 
(4) For Defense-wide activities, $1,320,088,000. 
SEC. 1508. OPERATION AND MAINTENANCE. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 for the use of the Armed Forces for expenses, not otherwise 
provided for, for operation and maintenance, in amounts as follows: 
(1) For the Army, $54,929,551,000. 
(2) For the Navy, $6,249,793,000. 
(3) For the Marine Corps, $4,674,688,000. 
(4) For the Air Force, $10,798,473,000. 
(5) For Defense-wide activities, $6,424,085,000. 
(6) For the Army Reserve, $196,694,000. 
(7) For the Navy Reserve, $83,407,000. 
(8) For the Marine Corps Reserve, $68,193,000. 
(9) For the Army National Guard, $757,008,000. 
(10) For the Air Force Reserve, $24,266,000. 
(11) For the Air National Guard, $103,267,000. 
SEC. 1509. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fiscal year 
2008 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for providing capital for 
working capital and revolving funds in amounts as follows: 
(1) For the Defense Working Capital Funds, $1,957,675,000. 
(2) For the National Defense Sealift Fund, $5,110,000. 
SEC. 1510. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 
(a) DEFENSE HEALTH PROGRAM.—Funds are hereby authorized 
to be appropriated for the Department of Defense for fiscal year 
2008 for expenses, not otherwise provided for, for the Defense 
Health Program in the amount of $1,137,442,000 for operation 
and maintenance. 
(b) DRUG
INTERDICTION
AND
COUNTER-DRUG
ACTIVITIES, 
DEFENSE-WIDE.—Funds are hereby authorized to be appropriated 
for the Department of Defense for fiscal year 2008 for expenses, 
120 Stat. 2439. 
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122 STAT. 426 
PUBLIC LAW 110–181—JAN. 28, 2008 
not otherwise provided for, for Drug Interdiction and Counter- 
Drug Activities, Defense-wide in the amount of $257,618,000. 
(c) DEFENSE INSPECTOR GENERAL.—Funds are hereby author-
ized to be appropriated for the Department of Defense for fiscal 
year 2008 for expenses, not otherwise provided for, for the Office 
of the Inspector General of the Department of Defense in the 
amount of $4,394,000 for operation and maintenance. 
SEC. 1511. IRAQ FREEDOM FUND. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal year 2008 for the Iraq Freedom Fund in the 
amount of $207,500,000. 
(b) TRANSFER.— 
(1) TRANSFER
AUTHORIZED.—Subject to paragraph (2), 
amounts authorized to be appropriated by subsection (a) may 
be transferred from the Iraq Freedom Fund to any accounts 
as follows: 
(A) Operation and maintenance accounts of the Armed 
Forces. 
(B) Military personnel accounts. 
(C) Research, development, test, and evaluation 
accounts of the Department of Defense. 
(D) Procurement accounts of the Department of 
Defense. 
(E) Accounts providing funding for classified programs. 
(F) The operating expenses account of the Coast Guard. 
(2) NOTICE TO CONGRESS.—A transfer may not be made 
under the authority in paragraph (1) until five days after 
the date on which the Secretary of Defense notifies the congres-
sional defense committees in writing of the transfer. 
(3) TREATMENT OF TRANSFERRED FUNDS.—Amounts trans-
ferred to an account under the authority in paragraph (1) 
shall be merged with amounts in such account and shall be 
made available for the same purposes, and subject to the same 
conditions and limitations, as amounts in such account. 
(4) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A transfer of 
an amount to an account under the authority in paragraph 
(1) shall be deemed to increase the amount authorized for 
such account by an amount equal to the amount transferred. 
SEC. 1512. IRAQ SECURITY FORCES FUND. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal year 2008 for the Iraq 
Security Forces Fund in the amount of $3,000,000,000. 
(b) USE OF FUNDS.— 
(1) IN
GENERAL.—Funds appropriated pursuant to sub-
section (a) shall be available to the Secretary of Defense for 
the purpose of allowing the Commander, Multi-National Secu-
rity Transition Command–Iraq, to provide assistance to the 
security forces of Iraq. 
(2) TYPES OF ASSISTANCE AUTHORIZED.—Assistance provided 
under this section may include the provision of equipment, 
supplies, services, training, facility and infrastructure repair, 
renovation, construction, and funding. 
(3) SECRETARY OF STATE CONCURRENCE.—Assistance may 
be provided under this section only with the concurrence of 
the Secretary of State. 
Deadline. 
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122 STAT. 427 
PUBLIC LAW 110–181—JAN. 28, 2008 
(c) AUTHORITY
IN ADDITION
TO OTHER AUTHORITIES.—The 
authority to provide assistance under this section is in addition 
to any other authority to provide assistance to foreign nations. 
(d) TRANSFER AUTHORITY.— 
(1) TRANSFERS
AUTHORIZED.—Subject to paragraph (2), 
amounts authorized to be appropriated by subsection (a) may 
be transferred from the Iraq Security Forces Fund to any 
of the following accounts and funds of the Department of 
Defense to accomplish the purposes provided in subsection (b): 
(A) Military personnel accounts. 
(B) Operation and maintenance accounts. 
(C) Procurement accounts. 
(D) Research, development, test, and evaluation 
accounts. 
(E) Defense working capital funds. 
(F) Overseas Humanitarian, Disaster, and Civic Aid 
account. 
(2) ADDITIONAL AUTHORITY.—The transfer authority pro-
vided by paragraph (1) is in addition to any other transfer 
authority available to the Department of Defense. 
(3) TRANSFERS BACK TO THE FUND.—Upon determination 
that all or part of the funds transferred from the Iraq Security 
Forces Fund under paragraph (1) are not necessary for the 
purpose provided, such funds may be transferred back to the 
Iraq Security Forces Fund. 
(4) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A transfer of 
an amount to an account under the authority in paragraph 
(1) shall be deemed to increase the amount authorized for 
such account by an amount equal to the amount transferred. 
(e) NOTICE TO CONGRESS.—Funds may not be obligated from 
the Iraq Security Forces Fund, or transferred under the authority 
provided in subsection (d)(1), until five days after the date on 
which the Secretary of Defense notifies the congressional defense 
committees in writing of the details of the proposed obligation 
or transfer. 
(f) CONTRIBUTIONS.— 
(1) AUTHORITY
TO
ACCEPT
CONTRIBUTIONS.—Subject to 
paragraph (2), the Secretary of Defense may accept contribu-
tions of amounts to the Iraq Security Forces Fund for the 
purposes provided in subsection (b) from any person, foreign 
government, or international organization. Any amounts so 
accepted shall be credited to the Iraq Security Forces Fund. 
(2) LIMITATION.—The Secretary may not accept a contribu-
tion under this subsection if the acceptance of the contribution 
would compromise or appear to compromise the integrity of 
any program of the Department of Defense. 
(3) USE.—Amounts accepted under this subsection shall 
be available for assistance authorized by subsection (b), 
including transfer under subsection (d) for that purpose. 
(4) NOTIFICATION.—The Secretary shall notify the congres-
sional defense committees, the Committee on Foreign Relations 
of the Senate, and the Committee on Foreign Affairs of the 
House of Representatives, in writing, upon the acceptance, and 
upon the transfer under subsection (d), of any contribution 
under this subsection. Such notice shall specify the source 
and amount of any amount so accepted and the use of any 
amount so accepted. 
Deadline. 
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122 STAT. 428 
PUBLIC LAW 110–181—JAN. 28, 2008 
(g) QUARTERLY REPORTS.—Not later than 30 days after the 
end of each fiscal-year quarter, the Secretary of Defense shall 
submit to the congressional defense committees a report summa-
rizing the details of any obligation or transfer of funds from the 
Iraq Security Forces Fund during such fiscal-year quarter. 
(h) DURATION OF AUTHORITY.—Amounts authorized to be appro-
priated or contributed to the Iraq Security Forces Fund during 
fiscal year 2008 are available for obligation or transfer from the 
Iraq Security Forces Fund in accordance with this section until 
September 30, 2009. 
SEC. 1513. AFGHANISTAN SECURITY FORCES FUND. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal year 2008 for the Afghani-
stan Security Forces Fund in the amount of $2,700,000,000. 
(b) USE OF FUNDS.— 
(1) IN GENERAL.—Funds authorized to be appropriated by 
subsection (a) shall be available to the Secretary of Defense 
to provide assistance to the security forces of Afghanistan. 
(2) TYPES OF ASSISTANCE AUTHORIZED.—Assistance provided 
under this section may include the provision of equipment, 
supplies, services, training, facility and infrastructure repair, 
renovation, construction, and funds. 
(3) SECRETARY OF STATE CONCURRENCE.—Assistance may 
be provided under this section only with the concurrence of 
the Secretary of State. 
(c) AUTHORITY
IN ADDITION
TO OTHER AUTHORITIES.—The 
authority to provide assistance under this section is in addition 
to any other authority to provide assistance to foreign nations. 
(d) TRANSFER AUTHORITY.— 
(1) TRANSFERS
AUTHORIZED.—Subject to paragraph (2), 
amounts authorized to be appropriated by subsection (a) may 
be transferred from the Afghanistan Security Forces Fund to 
any of the following accounts and funds of the Department 
of Defense to accomplish the purposes provided in subsection 
(b): 
(A) Military personnel accounts. 
(B) Operation and maintenance accounts. 
(C) Procurement accounts. 
(D) Research, development, test, and evaluation 
accounts. 
(E) Defense working capital funds. 
(F) Overseas Humanitarian, Disaster, and Civic Aid. 
(2) ADDITIONAL AUTHORITY.—The transfer authority pro-
vided by paragraph (1) is in addition to any other transfer 
authority available to the Department of Defense. 
(3) TRANSFERS BACK TO FUND.—Upon a determination that 
all or part of the funds transferred from the Afghanistan Secu-
rity Forces Fund under paragraph (1) are not necessary for 
the purpose for which transferred, such funds may be trans-
ferred back to the Afghanistan Security Forces Fund. 
(4) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A transfer of 
an amount to an account under the authority in paragraph 
(1) shall be deemed to increase the amount authorized for 
such account by an amount equal to the amount transferred. 
(e) PRIOR NOTICE TO CONGRESS OF OBLIGATION OR TRANSFER.— 
Funds may not be obligated from the Afghanistan Security Forces 
Termination 
date. 
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122 STAT. 429 
PUBLIC LAW 110–181—JAN. 28, 2008 
Fund, or transferred under subsection (d)(1), until five days after 
the date on which the Secretary of Defense notifies the congressional 
defense committees in writing of the details of the proposed obliga-
tion or transfer. 
(f) CONTRIBUTIONS.— 
(1) AUTHORITY
TO
ACCEPT
CONTRIBUTIONS.—Subject to 
paragraph (2), the Secretary of Defense may accept contribu-
tions of amounts to the Afghanistan Security Forces Fund 
for the purposes provided in subsection (b) from any person, 
foreign government, or international organization. Any amounts 
so accepted shall be credited to the Afghanistan Security Forces 
Fund. 
(2) LIMITATION.—The Secretary may not accept a contribu-
tion under this subsection if the acceptance of the contribution 
would compromise or appear to compromise the integrity of 
any program of the Department of Defense. 
(3) USE.—Amounts accepted under this subsection shall 
be available for assistance authorized by subsection (b), 
including transfer under subsection (d) for that purpose. 
(4) NOTIFICATION.—The Secretary shall notify the congres-
sional defense committees, the Committee on Foreign Relations 
of the Senate, and the Committee on Foreign Affairs of the 
House of Representatives, in writing, upon the acceptance, and 
upon the transfer under subsection (d), of any contribution 
under this subsection. Such notice shall specify the source 
and amount of any amount so accepted and the use of any 
amount so accepted. 
(g) QUARTERLY REPORTS.—Not later than 30 days after the 
end of each fiscal-year quarter, the Secretary of Defense shall 
submit to the congressional defense committees a report summa-
rizing the details of any obligation or transfer of funds from the 
Afghanistan Security Forces Fund during such fiscal-year quarter. 
(h) DURATION OF AUTHORITY.—Amounts authorized to be appro-
priated or contributed to the Afghanistan Security Forces Fund 
during fiscal year 2008 are available for obligation or transfer 
from the Afghanistan Security Forces Fund in accordance with 
this section until September 30, 2009. 
SEC. 1514. MILITARY PERSONNEL. 
There is hereby authorized to be appropriated to the Depart-
ment of Defense for military personnel accounts for fiscal year 
2008 a total of $17,912,510,000. 
SEC. 1515. STRATEGIC READINESS FUND. 
There is authorized to be appropriated $1,000,000,000 to the 
Strategic Readiness Fund. 
SEC. 1516. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 
The amounts authorized to be appropriated by this title are 
in addition to amounts otherwise authorized to be appropriated 
by this Act. 
SEC. 1517. SPECIAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the Secretary of 
Defense that such action is necessary in the national interest, 
the Secretary may transfer amounts of authorizations made 
available to the Department of Defense in this title for fiscal 
Termination 
date. 
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122 STAT. 430 
PUBLIC LAW 110–181—JAN. 28, 2008 
year 2008 between any such authorizations for that fiscal year 
(or any subdivisions thereof). Amounts of authorizations so 
transferred shall be merged with and be available for the 
same purposes as the authorization to which transferred. 
(2) LIMITATION.—The total amount of authorizations that 
the Secretary may transfer under the authority of this section 
may not exceed $3,500,000,000. 
(b) TERMS AND CONDITIONS.—Transfers under this section shall 
be subject to the same terms and conditions as transfers under 
section 1001. 
(c) ADDITIONAL AUTHORITY.—The transfer authority provided 
by this section is in addition to the transfer authority provided 
under section 1001. 
TITLE XVI—WOUNDED WARRIOR 
MATTERS 
Sec. 1601. Short title. 
Sec. 1602. General definitions. 
Sec. 1603. Consideration of gender-specific needs of recovering service members 
and veterans. 
Subtitle A—Policy on Improvements to Care, Management, and Transition of 
Recovering Service Members 
Sec. 1611. Comprehensive policy on improvements to care, management, and tran-
sition of recovering service members. 
Sec. 1612. Medical evaluations and physical disability evaluations of recovering 
service members. 
Sec. 1613. Return of recovering service members to active duty in the Armed 
Forces. 
Sec. 1614. Transition of recovering service members from care and treatment 
through the Department of Defense to care, treatment, and rehabilita-
tion through the Department of Veterans Affairs. 
Sec. 1615. Reports. 
Sec. 1616. Establishment of a wounded warrior resource center. 
Sec. 1617. Notification to Congress of hospitalization of combat wounded service 
members. 
Sec. 1618. Comprehensive plan on prevention, diagnosis, mitigation, treatment, and 
rehabilitation of, and research on, traumatic brain injury, post-trau-
matic stress disorder, and other mental health conditions in members 
of the Armed Forces. 
Subtitle B—Centers of Excellence in the Prevention, Diagnosis, Mitigation, Treat-
ment, and Rehabilitation of Traumatic Brain Injury, Post-Traumatic Stress Dis-
order, and Eye Injuries 
Sec. 1621. Center of excellence in the prevention, diagnosis, mitigation, treatment, 
and rehabilitation of traumatic brain injury. 
Sec. 1622. Center of excellence in prevention, diagnosis, mitigation, treatment, and 
rehabilitation of post-traumatic stress disorder and other mental health 
conditions. 
Sec. 1623. Center of excellence in prevention, diagnosis, mitigation, treatment, and 
rehabilitation of military eye injuries. 
Sec. 1624. Report on establishment of centers of excellence. 
Subtitle C—Health Care Matters 
Sec. 1631. Medical care and other benefits for members and former members of the 
Armed Forces with severe injuries or illnesses. 
Sec. 1632. Reimbursement of travel expenses of retired members with combat-re-
lated disabilities for follow-on specialty care, services, and supplies. 
Sec. 1633. Respite care and other extended care benefits for members of the uni-
formed services who incur a serious injury or illness on active duty. 
Sec. 1634. Reports. 
Sec. 1635. Fully interoperable electronic personal health information for the De-
partment of Defense and Department of Veterans Affairs. 
Wounded 
Warrior Act. 
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122 STAT. 431 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 1636. Enhanced personnel authorities for the Department of Defense for 
health care professionals for care and treatment of wounded and injured 
members of the Armed Forces. 
Sec. 1637. Continuation of transitional health benefits for members of the Armed 
Forces pending resolution of service-related medical conditions. 
Subtitle D—Disability Matters 
Sec. 1641. Utilization of veterans’ presumption of sound condition in establishing 
eligibility of members of the Armed Forces for retirement for disability. 
Sec. 1642. Requirements and limitations on Department of Defense determinations 
of disability with respect to members of the Armed Forces. 
Sec. 1643. Review of separation of members of the Armed Forces separated from 
service with a disability rating of 20 percent disabled or less. 
Sec. 1644. Authorization of pilot programs to improve the disability evaluation sys-
tem for members of the Armed Forces. 
Sec. 1645. Reports on Army action plan in response to deficiencies in the Army 
physical disability evaluation system. 
Sec. 1646. Enhancement of disability severance pay for members of the Armed 
Forces. 
Sec. 1647. Assessments of continuing utility and future role of temporary disability 
retired list. 
Sec. 1648. Standards for military medical treatment facilities, specialty medical 
care facilities, and military quarters housing patients and annual report 
on such facilities. 
Sec. 1649. Reports on Army Medical Action Plan in response to deficiencies identi-
fied at Walter Reed Army Medical Center, District of Columbia. 
Sec. 1650. Required certifications in connection with closure of Walter Reed Army 
Medical Center, District of Columbia. 
Sec. 1651. Handbook for members of the Armed Forces on compensation and bene-
fits available for serious injuries and illnesses. 
Subtitle E—Studies and Reports 
Sec. 1661. Study on physical and mental health and other readjustment needs of 
members and former members of the Armed Forces who deployed in Op-
eration Iraqi Freedom and Operation Enduring Freedom and their fami-
lies. 
Sec. 1662. Access of recovering service members to adequate outpatient residential 
facilities. 
Sec. 1663. Study and report on support services for families of recovering service 
members. 
Sec. 1664. Report on traumatic brain injury classifications. 
Sec. 1665. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer 
program. 
Subtitle F—Other Matters 
Sec. 1671. Prohibition on transfer of resources from medical care. 
Sec. 1672. Medical care for families of members of the Armed Forces recovering 
from serious injuries or illnesses. 
Sec. 1673. Improvement of medical tracking system for members of the Armed 
Forces deployed overseas. 
Sec. 1674. Guaranteed funding for Walter Reed Army Medical Center, District of 
Columbia. 
Sec. 1675. Use of leave transfer program by wounded veterans who are Federal em-
ployees. 
Sec. 1676. Moratorium on conversion to contractor performance of Department of 
Defense functions at military medical facilities. 
SEC. 1601. SHORT TITLE. 
This title may be cited as the ‘‘Wounded Warrior Act’’. 
SEC. 1602. GENERAL DEFINITIONS. 
In this title: 
(1) APPROPRIATE
COMMITTEES
OF
CONGRESS.—The term 
‘‘appropriate committees of Congress’’ means— 
(A) the Committees on Armed Services, Veterans’ 
Affairs, and Appropriations of the Senate; and 
(B) the Committees on Armed Services, Veterans’ 
Affairs, and Appropriations of the House of Representa-
tives. 
10 USC 1071 
note. 
10 USC 1071 
note. 
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122 STAT. 432 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) BENEFITS DELIVERY AT DISCHARGE PROGRAM.—The term 
‘‘Benefits Delivery at Discharge Program’’ means a program 
administered jointly by the Secretary of Defense and the Sec-
retary of Veterans Affairs to provide information and assistance 
on available benefits and other transition assistance to mem-
bers of the Armed Forces who are separating from the Armed 
Forces, including assistance to obtain any disability benefits 
for which such members may be eligible. 
(3) DISABILITY EVALUATION SYSTEM.—The term ‘‘Disability 
Evaluation System’’ means the following: 
(A) A system or process of the Department of Defense 
for evaluating the nature and extent of disabilities affecting 
members of the Armed Forces that is operated by the 
Secretaries of the military departments and is comprised 
of medical evaluation boards, physical evaluation boards, 
counseling of members, and mechanisms for the final dis-
position of disability evaluations by appropriate personnel. 
(B) A system or process of the Coast Guard for evalu-
ating the nature and extent of disabilities affecting mem-
bers of the Coast Guard that is operated by the Secretary 
of Homeland Security and is similar to the system or 
process of the Department of Defense described in subpara-
graph (A). 
(4) ELIGIBLE FAMILY MEMBER.—The term ‘‘eligible family 
member’’, with respect to a recovering service member, means 
a family member (as defined in section 411 h(b) of title 37, 
United States Code) who is on invitational travel orders or 
serving as a non-medical attendee while caring for the recov-
ering service member for more than 45 days during a one- 
year period. 
(5) MEDICAL
CARE.—The term ‘‘medical care’’ includes 
mental health care. 
(6) OUTPATIENT
STATUS.—The term ‘‘outpatient status’’, 
with respect to a recovering service member, means the status 
of a recovering service member assigned to— 
(A) a military medical treatment facility as an out-
patient; or 
(B) a unit established for the purpose of providing 
command and control of members of the Armed Forces 
receiving medical care as outpatients. 
(7) RECOVERING SERVICE MEMBER.—The term ‘‘recovering 
service member’’ means a member of the Armed Forces, 
including a member of the National Guard or a Reserve, who 
is undergoing medical treatment, recuperation, or therapy and 
is in an outpatient status while recovering from a serious 
injury or illness related to the member’s military service. 
(8) SERIOUS INJURY OR ILLNESS.—The term ‘‘serious injury 
or illness’’, in the case of a member of the Armed Forces, 
means an injury or illness incurred by the member in line 
of duty on active duty in the Armed Forces that may render 
the member medically unfit to perform the duties of the mem-
ber’s office, grade, rank, or rating. 
(9) TRICARE PROGRAM.—The term ‘‘TRICARE program’’ 
has the meaning given that term in section 1072(7) of title 
10, United States Code. 
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122 STAT. 433 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 1603. CONSIDERATION OF GENDER-SPECIFIC NEEDS OF RECOV-
ERING SERVICE MEMBERS AND VETERANS. 
(a) IN GENERAL.—In developing and implementing the policy 
required by section 1611(a), and in otherwise carrying out any 
other provision of this title or any amendment made by this title, 
the Secretary of Defense and the Secretary of Veterans Affairs 
shall take into account and fully address any unique gender-specific 
needs of recovering service members and veterans under such policy 
or other provision. 
(b) REPORTS.—In submitting any report required by this title 
or an amendment made by this title, the Secretary of Defense 
and the Secretary of Veterans Affairs shall, to the extent applicable, 
include a description of the manner in which the matters covered 
by such report address the unique gender-specific needs of recov-
ering service members and veterans. 
Subtitle A—Policy on Improvements to 
Care, Management, and Transition of Re-
covering Service Members 
SEC. 1611. COMPREHENSIVE POLICY ON IMPROVEMENTS TO CARE, 
MANAGEMENT, 
AND 
TRANSITION 
OF 
RECOVERING 
SERVICE MEMBERS. 
(a) COMPREHENSIVE POLICY REQUIRED.— 
(1) IN GENERAL.—Not later than July 1, 2008, the Secretary 
of Defense and the Secretary of Veterans Affairs shall, to the 
extent feasible, jointly develop and implement a comprehensive 
policy on improvements to the care, management, and transi-
tion of recovering service members. 
(2) SCOPE OF POLICY.—The policy shall cover each of the 
following: 
(A) The care and management of recovering service 
members. 
(B) The medical evaluation and disability evaluation 
of recovering service members. 
(C) The return of service members who have recovered 
to active duty when appropriate. 
(D) The transition of recovering service members from 
receipt of care and services through the Department of 
Defense to receipt of care and services through the Depart-
ment of Veterans Affairs. 
(3) CONSULTATION.—The Secretary of Defense and the Sec-
retary of Veterans Affairs shall develop the policy in consulta-
tion with the heads of other appropriate departments and agen-
cies of the Federal Government and with appropriate non- 
governmental organizations having an expertise in matters 
relating to the policy. 
(4) UPDATE.—The Secretary of Defense and the Secretary 
of Veterans Affairs shall jointly update the policy on a periodic 
basis, but not less often than annually, in order to incorporate 
in the policy, as appropriate, the following: 
(A) The results of the reviews required under sub-
sections (b) and (c). 
(B) Best practices identified through pilot programs 
carried out under this title. 
Deadline. 
Deadline. 
10 USC 1071 
note. 
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122 STAT. 434 
PUBLIC LAW 110–181—JAN. 28, 2008 
(C) Improvements to matters under the policy other-
wise identified and agreed upon by the Secretary of Defense 
and the Secretary of Veterans Affairs. 
(b) REVIEW OF CURRENT POLICIES AND PROCEDURES.— 
(1) REVIEW REQUIRED.—In developing the policy required 
by subsection (a), the Secretary of Defense and the Secretary 
of Veterans Affairs shall, to the extent necessary, jointly and 
separately conduct a review of all policies and procedures of 
the Department of Defense and the Department of Veterans 
Affairs that apply to, or shall be covered by, the policy. 
(2) PURPOSE.—The purpose of the review shall be to identify 
the most effective and patient-oriented approaches to care and 
management of recovering service members for purposes of— 
(A) incorporating such approaches into the policy; and 
(B) extending such approaches, where applicable, to 
the care and management of other injured or ill members 
of the Armed Forces and veterans. 
(3) ELEMENTS.—In conducting the review, the Secretary 
of Defense and the Secretary of Veterans Affairs shall— 
(A) identify among the policies and procedures 
described in paragraph (1) best practices in approaches 
to the care and management of recovering service members; 
(B) identify among such policies and procedures 
existing and potential shortfalls in the care and manage-
ment of recovering service members (including care and 
management of recovering service members on the tem-
porary disability retired list), and determine means of 
addressing any shortfalls so identified; 
(C) determine potential modifications of such policies 
and procedures in order to ensure consistency and uni-
formity, where appropriate, in the application of such poli-
cies and procedures— 
(i) among the military departments; 
(ii) among the Veterans Integrated Services Net-
works (VISNs) of the Department of Veterans Affairs; 
and 
(iii) between the military departments and the Vet-
erans Integrated Services Networks; and 
(D) develop recommendations for legislative and 
administrative action necessary to implement the results 
of the review. 
(4) DEADLINE FOR COMPLETION.—The review shall be com-
pleted not later than 90 days after the date of the enactment 
of this Act. 
(c) CONSIDERATION OF EXISTING FINDINGS, RECOMMENDATIONS, 
AND PRACTICES.—In developing the policy required by subsection 
(a), the Secretary of Defense and the Secretary of Veterans Affairs 
shall take into account the following: 
(1) The findings and recommendations of applicable studies, 
reviews, reports, and evaluations that address matters relating 
to the policy, including, but not limited, to the following: 
(A) The Independent Review Group on Rehabilitative 
Care and Administrative Processes at Walter Reed Army 
Medical Center and National Naval Medical Center, 
appointed by the Secretary of Defense. 
Recommenda- 
tions. 
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122 STAT. 435 
PUBLIC LAW 110–181—JAN. 28, 2008 
(B) The Secretary of Veterans Affairs Task Force on 
Returning Global War on Terror Heroes, appointed by the 
President. 
(C) The President’s Commission on Care for America’s 
Returning Wounded Warriors. 
(D) The Veterans’ Disability Benefits Commission 
established by title XV of the National Defense Authoriza-
tion Act for Fiscal Year 2004 (Public Law 108–136; 117 
Stat. 1676; 38 U.S.C. 1101 note). 
(E) The President’s Task Force to Improve Health Care 
Delivery for Our Nation’s Veterans, of March 2003. 
(F) The Report of the Congressional Commission on 
Servicemembers and Veterans Transition Assistance, of 
1999, chaired by Anthony J. Principi. 
(G) The President’s Commission on Veterans’ Pensions, 
of 1956, chaired by General Omar N. Bradley. 
(2) The experience and best practices of the Department 
of Defense and the military departments on matters relating 
to the policy. 
(3) The experience and best practices of the Department 
of Veterans Affairs on matters relating to the policy. 
(4) Such other matters as the Secretary of Defense and 
the Secretary of Veterans Affairs consider appropriate. 
(d) TRAINING AND SKILLS OF HEALTH CARE PROFESSIONALS, 
RECOVERY CARE COORDINATORS, MEDICAL CARE CASE MANAGERS, 
AND NON-MEDICAL CARE MANAGERS
FOR RECOVERING SERVICE 
MEMBERS.— 
(1) IN
GENERAL.—The policy required by subsection (a) 
shall provide for uniform standards among the military depart-
ments for the training and skills of health care professionals, 
recovery care coordinators, medical care case managers, and 
non-medical care managers for recovering service members 
under subsection (e) in order to ensure that such personnel 
are able to— 
(A) detect early warning signs of post-traumatic stress 
disorder (PTSD), suicidal or homicidal thoughts or behav-
iors, and other behavioral health concerns among recov-
ering service members; and 
(B) promptly notify appropriate health care profes-
sionals following detection of such signs. 
(2) TRACKING OF NOTIFICATIONS.—In providing for uniform 
standards under paragraph (1), the policy shall include a 
mechanism or system to track the number of notifications made 
by recovery care coordinators, medical care case managers, 
and non-medical care managers to health care professionals 
under paragraph (1)(A) regarding early warning signs of post- 
traumatic stress disorder and suicide in recovering service 
members. 
(e) SERVICES FOR RECOVERING SERVICE MEMBERS.—The policy 
required by subsection (a) shall provide for improvements as follows 
with respect to the care, management, and transition of recovering 
service members: 
(1) COMPREHENSIVE
RECOVERY
PLAN
FOR
RECOVERING 
SERVICE MEMBERS.—The policy shall provide for uniform stand-
ards and procedures for the development of a comprehensive 
recovery plan for each recovering service member that covers 
Standards. 
Procedures. 
Standards. 
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122 STAT. 436 
PUBLIC LAW 110–181—JAN. 28, 2008 
the full spectrum of care, management, transition, and 
rehabilitation of the service member during recovery. 
(2) RECOVERY
CARE
COORDINATORS
FOR
RECOVERING 
SERVICE MEMBERS.— 
(A) IN GENERAL.—The policy shall provide for a uniform 
program for the assignment to recovering service members 
of recovery care coordinators having the duties specified 
in subparagraph (B). 
(B) DUTIES.—The duties under the program of a 
recovery care coordinator for a recovering service member 
shall include, but not be limited to, overseeing and assisting 
the service member in the service member’s course through 
the entire spectrum of care, management, transition, and 
rehabilitation services available from the Federal Govern-
ment, including services provided by the Department of 
Defense, the Department of Veterans Affairs, the Depart-
ment of Labor, and the Social Security Administration. 
(C) LIMITATION ON NUMBER OF SERVICE MEMBERS MAN-
AGED BY COORDINATORS.—The maximum number of recov-
ering service members whose cases may be assigned to 
a recovery care coordinator under the program at any one 
time shall be such number as the policy shall specify, 
except that the Secretary of the military department con-
cerned may waive such limitation with respect to a given 
coordinator for not more than 120 days in the event of 
unforeseen circumstances (as specified in the policy). 
(D) TRAINING.—The policy shall specify standard 
training requirements and curricula for recovery care 
coordinators under the program, including a requirement 
for successful completion of the training program before 
a person may assume the duties of such a coordinator. 
(E) RESOURCES.—The policy shall include mechanisms 
to ensure that recovery care coordinators under the pro-
gram have the resources necessary to expeditiously carry 
out the duties of such coordinators under the program. 
(F) SUPERVISION.—The policy shall specify require-
ments for the appropriate rank or grade, and appropriate 
occupation, for persons appointed to head and supervise 
recovery care coordinators. 
(3) MEDICAL
CARE
CASE
MANAGERS
FOR
RECOVERING 
SERVICE MEMBERS.— 
(A) IN GENERAL.—The policy shall provide for a uniform 
program among the military departments for the assign-
ment to recovering service members of medical care case 
managers having the duties specified in subparagraph (B). 
(B) DUTIES.—The duties under the program of a med-
ical care case manager for a recovering service member 
(or the service member’s immediate family or other des-
ignee if the service member is incapable of making judg-
ments about personal medical care) shall include, at a 
minimum, the following: 
(i) Assisting in understanding the service member’s 
medical status during the care, recovery, and transition 
of the service member. 
(ii) Assisting in the receipt by the service member 
of prescribed medical care during the care, recovery, 
and transition of the service member. 
Requirements. 
Waiver authority. 
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122 STAT. 437 
PUBLIC LAW 110–181—JAN. 28, 2008 
(iii) Conducting a periodic review of the medical 
status of the service member, which review shall be 
conducted, to the extent practicable, in person with 
the service member, or, whenever the conduct of the 
review in person is not practicable, with the medical 
care case manager submitting to the manager’s super-
visor a written explanation why the review in person 
was not practicable (if the Secretary of the military 
department concerned elects to require such written 
explanations for purposes of the program). 
(C) LIMITATION ON NUMBER OF SERVICE MEMBERS MAN-
AGED BY MANAGERS.—The maximum number of recovering 
service members whose cases may be assigned to a medical 
care case manager under the program at any one time 
shall be such number as the policy shall specify, except 
that the Secretary of the military department concerned 
may waive such limitation with respect to a given manager 
for not more than 120 days in the event of unforeseen 
circumstances (as specified in the policy). 
(D) TRAINING.—The policy shall specify standard 
training requirements and curricula for medical care case 
managers under the program, including a requirement for 
successful completion of the training program before a per-
son may assume the duties of such a manager. 
(E) RESOURCES.—The policy shall include mechanisms 
to ensure that medical care case managers under the pro-
gram have the resources necessary to expeditiously carry 
out the duties of such managers under the program. 
(F) SUPERVISION AT ARMED FORCES MEDICAL FACILI-
TIES.—The policy shall specify requirements for the appro-
priate rank or grade, and appropriate occupation, for per-
sons appointed to head and supervise the medical care 
case managers at each medical facility of the Armed Forces. 
Persons so appointed may be appointed from the Army 
Medical Corps, Army Medical Service Corps, Army Nurse 
Corps, Navy Medical Corps, Navy Medical Service Corps, 
Navy Nurse Corps, Air Force Medical Service, or other 
corps or civilian health care professional, as applicable, 
at the discretion of the Secretary of Defense. 
(4) NON-MEDICAL CARE MANAGERS FOR RECOVERING SERVICE 
MEMBERS.— 
(A) IN GENERAL.—The policy shall provide for a uniform 
program among the military departments for the assign-
ment to recovering service members of non-medical care 
managers having the duties specified in subparagraph (B). 
(B) DUTIES.—The duties under the program of a non- 
medical care manager for a recovering service member 
shall include, at a minimum, the following: 
(i) Communicating with the service member and 
with the service member’s family or other individuals 
designated by the service member regarding non-med-
ical matters that arise during the care, recovery, and 
transition of the service member. 
(ii) Assisting with oversight of the service mem-
ber’s welfare and quality of life. 
Requirements. 
Waiver authority. 
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122 STAT. 438 
PUBLIC LAW 110–181—JAN. 28, 2008 
(iii) Assisting the service member in resolving 
problems involving financial, administrative, per-
sonnel, transitional, and other matters that arise 
during the care, recovery, and transition of the service 
member. 
(C) DURATION
OF
DUTIES.—The policy shall provide 
that a non-medical care manager shall perform duties 
under the program for a recovering service member until 
the service member is returned to active duty or retired 
or separated from the Armed Forces. 
(D) LIMITATION ON NUMBER OF SERVICE MEMBERS MAN-
AGED BY MANAGERS.—The maximum number of recovering 
service members whose cases may be assigned to a non- 
medical care manager under the program at any one time 
shall be such number as the policy shall specify, except 
that the Secretary of the military department concerned 
may waive such limitation with respect to a given manager 
for not more than 120 days in the event of unforeseen 
circumstances (as specified in the policy). 
(E) TRAINING.—The policy shall specify standard 
training requirements and curricula among the military 
departments for non-medical care managers under the pro-
gram, including a requirement for successful completion 
of the training program before a person may assume the 
duties of such a manager. 
(F) RESOURCES.—The policy shall include mechanisms 
to ensure that non-medical care managers under the pro-
gram have the resources necessary to expeditiously carry 
out the duties of such managers under the program. 
(G) SUPERVISION AT ARMED FORCES MEDICAL FACILI-
TIES.—The policy shall specify requirements for the appro-
priate rank and occupational speciality for persons 
appointed to head and supervise the non-medical care man-
agers at each medical facility of the Armed Forces. 
(5) ACCESS
OF
RECOVERING
SERVICE
MEMBERS
TO
NON- 
URGENT HEALTH CARE FROM THE DEPARTMENT OF DEFENSE OR 
OTHER PROVIDERS UNDER TRICARE.— 
(A) IN GENERAL.—The policy shall provide for appro-
priate minimum standards for access of recovering service 
members to non-urgent medical care and other health care 
services as follows: 
(i) In medical facilities of the Department of 
Defense. 
(ii) Through the TRICARE program. 
(B) MAXIMUM WAITING TIMES FOR CERTAIN CARE.—The 
standards for access under subparagraph (A) shall include 
such standards on maximum waiting times of recovering 
service members as the policy shall specify for care that 
includes, but is not limited to, the following: 
(i) Follow-up care. 
(ii) Specialty care. 
(iii) Diagnostic referrals and studies. 
(iv) Surgery based on a physician’s determination 
of medical necessity. 
(C) WAIVER BY RECOVERING SERVICE MEMBERS.—The 
policy shall permit any recovering service member to waive 
Standards. 
Requirements. 
Requirements. 
Waiver authority. 
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122 STAT. 439 
PUBLIC LAW 110–181—JAN. 28, 2008 
a standard for access under this paragraph under such 
circumstances and conditions as the policy shall specify. 
(6) ASSIGNMENT OF RECOVERING SERVICE MEMBERS TO LOCA-
TIONS OF CARE.— 
(A) IN GENERAL.—The policy shall provide for uniform 
guidelines among the military departments for the assign-
ment of recovering service members to a location of care, 
including guidelines that provide for the assignment of 
recovering service members, when medically appropriate, 
to care and residential facilities closest to their duty station 
or home of record or the location of their designated care 
giver at the earliest possible time. 
(B) REASSIGNMENT FROM DEFICIENT FACILITIES.—The 
policy shall provide for uniform guidelines and procedures 
among the military departments for the reassignment of 
recovering service members from a medical or medical- 
related support facility determined by the Secretary of 
Defense to violate the standards required by section 1648 
to another appropriate medical or medical-related support 
facility until the correction of violations of such standards 
at the medical or medical-related support facility from 
which such service members are reassigned. 
(7) TRANSPORTATION
AND
SUBSISTENCE
FOR
RECOVERING 
SERVICE MEMBERS.—The policy shall provide for uniform stand-
ards among the military departments on the availability of 
appropriate transportation and subsistence for recovering 
service members to facilitate their obtaining needed medical 
care and services. 
(8) WORK AND DUTY ASSIGNMENTS FOR RECOVERING SERVICE 
MEMBERS.—The policy shall provide for uniform criteria among 
the military departments for the assignment of recovering 
service members to work and duty assignments that are 
compatible with their medical conditions. 
(9) ACCESS
OF
RECOVERING
SERVICE
MEMBERS
TO
EDU-
CATIONAL
AND
VOCATIONAL
TRAINING
AND
REHABILITATION.— 
The policy shall provide for uniform standards among the mili-
tary departments on the provision of educational and vocational 
training and rehabilitation opportunities for recovering service 
members at the earliest possible point in their recovery. 
(10) TRACKING
OF
RECOVERING
SERVICE
MEMBERS.—The 
policy shall provide for uniform procedures among the military 
departments on tracking recovering service members to facili-
tate— 
(A) locating each recovering service member; and 
(B) tracking medical care appointments of recovering 
service members to ensure timeliness and compliance of 
recovering service members with appointments, and other 
physical and evaluation timelines, and to provide any other 
information needed to conduct oversight of the care, 
management, and transition of recovering service members. 
(11) REFERRALS
OF
RECOVERING
SERVICE
MEMBERS
TO 
OTHER CARE AND SERVICES PROVIDERS.—The policy shall provide 
for uniform policies, procedures, and criteria among the military 
departments on the referral of recovering service members to 
the Department of Veterans Affairs and other private and 
Policies. 
Procedures. 
Criteria. 
Procedures. 
Standards. 
Criteria. 
Standards. 
Guidelines. 
Procedures. 
Guidelines. 
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122 STAT. 440 
PUBLIC LAW 110–181—JAN. 28, 2008 
public entities (including universities and rehabilitation hos-
pitals, centers, and clinics) in order to secure the most appro-
priate care for recovering service members, which policies, 
procedures, and criteria shall take into account, but not be 
limited to, the medical needs of recovering service members 
and the geographic location of available necessary recovery 
care services. 
(f) SERVICES
FOR FAMILIES
OF RECOVERING SERVICE MEM-
BERS.—The policy required by subsection (a) shall provide for 
improvements as follows with respect to services for families of 
recovering service members: 
(1) SUPPORT FOR FAMILY MEMBERS OF RECOVERING SERVICE 
MEMBERS.—The policy shall provide for uniform guidelines 
among the military departments on the provision by the mili-
tary departments of support for family members of recovering 
service members who are not otherwise eligible for care under 
section 1672 in caring for such service members during their 
recovery. 
(2) ADVICE AND TRAINING FOR FAMILY MEMBERS OF RECOV-
ERING SERVICE MEMBERS.—The policy shall provide for uniform 
requirements and standards among the military departments 
on the provision by the military departments of advice and 
training, as appropriate, to family members of recovering 
service members with respect to care for such service members 
during their recovery. 
(3) MEASUREMENT OF SATISFACTION OF FAMILY MEMBERS 
OF RECOVERING SERVICE MEMBERS WITH QUALITY OF HEALTH 
CARE SERVICES.—The policy shall provide for uniform proce-
dures among the military departments on the measurement 
of the satisfaction of family members of recovering service 
members with the quality of health care services provided 
to such service members during their recovery. 
(4) JOB
PLACEMENT
SERVICES
FOR
FAMILY
MEMBERS
OF 
RECOVERING SERVICE MEMBERS.—The policy shall provide for 
procedures for application by eligible family members during 
a one-year period for job placement services otherwise offered 
by the Department of Defense. 
(g) OUTREACH TO RECOVERING SERVICE MEMBERS AND THEIR 
FAMILIES ON COMPREHENSIVE POLICY.—The policy required by sub-
section (a) shall include procedures and mechanisms to ensure 
that recovering service members and their families are fully 
informed of the policies required by this section, including policies 
on medical care for recovering service members, on the management 
and transition of recovering service members, and on the respon-
sibilities of recovering service members and their family members 
throughout the continuum of care and services for recovering service 
members under this section. 
(h) APPLICABILITY OF COMPREHENSIVE POLICY TO RECOVERING 
SERVICE MEMBERS
ON TEMPORARY DISABILITY RETIRED LIST.— 
Appropriate elements of the policy required by this section shall 
apply to recovering service members whose names are placed on 
the temporary disability retired list in such manner, and subject 
to such terms and conditions, as the Secretary of Defense shall 
prescribe in regulations for purposes of this subsection. 
Regulations. 
Procedures. 
Procedures. 
Procedures. 
Requirements. 
Standards. 
Guidelines. 
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122 STAT. 441 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 
1612. 
MEDICAL 
EVALUATIONS 
AND 
PHYSICAL 
DISABILITY 
EVALUATIONS OF RECOVERING SERVICE MEMBERS. 
(a) MEDICAL EVALUATIONS
OF RECOVERING SERVICE MEM-
BERS.— 
(1) IN GENERAL.—Not later than July 1, 2008, the Secretary 
of Defense shall develop a policy on improvements to the proc-
esses, procedures, and standards for the conduct by the military 
departments of medical evaluations of recovering service mem-
bers. 
(2) ELEMENTS.—The policy on improvements to processes, 
procedures, and standards required under this subsection shall 
include and address the following: 
(A) Processes for medical evaluations of recovering 
service members that— 
(i) apply uniformly throughout the military depart-
ments; and 
(ii) apply uniformly with respect to recovering 
service members who are members of the regular 
components of the Armed Forces and recovering service 
members who are members of the National Guard 
and Reserve. 
(B) Standard criteria and definitions for determining 
the achievement for recovering service members of the 
maximum medical benefit from treatment and rehabilita-
tion. 
(C) Standard timelines for each of the following: 
(i) Determinations of fitness for duty of recovering 
service members. 
(ii) Specialty care consultations for recovering 
service members. 
(iii) Preparation of medical documents for recov-
ering service members. 
(iv) Appeals by recovering service members of med-
ical evaluation determinations, including determina-
tions of fitness for duty. 
(D) Procedures for ensuring that— 
(i) upon request of a recovering service member 
being considered by a medical evaluation board, a 
physician or other appropriate health care professional 
who is independent of the medical evaluation board 
is assigned to the service member; and 
(ii) the physician or other health care professional 
assigned to a recovering service member under clause 
(i)— 
(I) serves as an independent source for review 
of the findings and recommendations of the med-
ical evaluation board; 
(II) provides the service member with advice 
and counsel regarding the findings and rec-
ommendations of the medical evaluation board; 
and 
(III) advises the service member on whether 
the findings of the medical evaluation board ade-
quately reflect the complete spectrum of injuries 
and illness of the service member. 
(E) Standards for qualifications and training of medical 
evaluation board personnel, including physicians, case 
Deadline. 
Policy. 
10 USC 1071 
note. 
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122 STAT. 442 
PUBLIC LAW 110–181—JAN. 28, 2008 
workers, and physical disability evaluation board liaison 
officers, in conducting medical evaluations of recovering 
service members. 
(F) Standards for the maximum number of medical 
evaluation cases of recovering service members that are 
pending before a medical evaluation board at any one time, 
and requirements for the establishment of additional med-
ical evaluation boards in the event such number is 
exceeded. 
(G) Standards for information for recovering service 
members, and their families, on the medical evaluation 
board process and the rights and responsibilities of recov-
ering service members under that process, including a 
standard handbook on such information (which handbook 
shall also be available electronically). 
(b) PHYSICAL DISABILITY EVALUATIONS OF RECOVERING SERVICE 
MEMBERS.— 
(1) IN GENERAL.—Not later than July 1, 2008, the Secretary 
of Defense and the Secretary of Veterans Affairs shall develop 
a policy on improvements to the processes, procedures, and 
standards for the conduct of physical disability evaluations 
of recovering service members by the military departments 
and by the Department of Veterans Affairs. 
(2) ELEMENTS.—The policy on improvements to processes, 
procedures, and standards required under this subsection shall 
include and address the following: 
(A) A clearly-defined process of the Department of 
Defense and the Department of Veterans Affairs for dis-
ability determinations of recovering service members. 
(B) To the extent feasible, procedures to eliminate 
unacceptable discrepancies and improve consistency among 
disability ratings assigned by the military departments 
and the Department of Veterans Affairs, particularly in 
the disability evaluation of recovering service members, 
which procedures shall be subject to the following require-
ments and limitations: 
(i) Such procedures shall apply uniformly with 
respect to recovering service members who are mem-
bers of the regular components of the Armed Forces 
and recovering service members who are members of 
the National Guard and Reserve. 
(ii) Under such procedures, each Secretary of a 
military department shall, to the extent feasible, utilize 
the standard schedule for rating disabilities in use 
by the Department of Veterans Affairs, including any 
applicable interpretation of such schedule by the 
United States Court of Appeals for Veterans Claims, 
in making any determination of disability of a recov-
ering service member, except as otherwise authorized 
by section 1216a of title 10, United States Code (as 
added by section 1642 of this Act). 
(C) Uniform timelines among the military departments 
for appeals of determinations of disability of recovering 
service members, including timelines for presentation, 
consideration, and disposition of appeals. 
(D) Uniform standards among the military depart-
ments for qualifications and training of physical disability 
Deadline. 
Policy. 
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122 STAT. 443 
PUBLIC LAW 110–181—JAN. 28, 2008 
evaluation board personnel, including physical evaluation 
board liaison personnel, in conducting physical disability 
evaluations of recovering service members. 
(E) Uniform standards among the military depart-
ments for the maximum number of physical disability 
evaluation cases of recovering service members that are 
pending before a physical disability evaluation board at 
any one time, and requirements for the establishment of 
additional physical disability evaluation boards in the event 
such number is exceeded. 
(F) Uniform standards and procedures among the mili-
tary departments for the provision of legal counsel to recov-
ering service members while undergoing evaluation by a 
physical disability evaluation board. 
(G) Uniform standards among the military depart-
ments on the roles and responsibilities of non-medical care 
managers under section 1611(e)(4) and judge advocates 
assigned to recovering service members undergoing evalua-
tion by a physical disability board, and uniform standards 
on the maximum number of cases involving such service 
members that are to be assigned to judge advocates at 
any one time. 
(c) ASSESSMENT
OF
CONSOLIDATION
OF
DEPARTMENT
OF 
DEFENSE
AND
DEPARTMENT
OF
VETERANS
AFFAIRS
DISABILITY 
EVALUATION SYSTEMS.— 
(1) IN GENERAL.—The Secretary of Defense and the Sec-
retary of Veterans Affairs shall jointly submit to the appropriate 
committees of Congress a report on the feasability and advis-
ability of consolidating the disability evaluation systems of 
the military departments and the disability evaluation system 
of the Department of Veterans Affairs into a single disability 
evaluation system. The report shall be submitted together with 
the report required by section 1611(a). 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include the following: 
(A) An assessment of the feasability and advisability 
of consolidating the disability evaluation systems described 
in paragraph (1) as specified in that paragraph. 
(B) If the consolidation of the systems is considered 
feasible and advisable— 
(i) recommendations for various options for consoli-
dating the systems as specified in paragraph (1); and 
(ii) recommendations for mechanisms to evaluate 
and assess any progress made in consolidating the 
systems as specified in that paragraph. 
SEC. 1613. RETURN OF RECOVERING SERVICE MEMBERS TO ACTIVE 
DUTY IN THE ARMED FORCES. 
The Secretary of Defense shall establish standards for deter-
minations by the military departments on the return of recovering 
service members to active duty in the Armed Forces. 
SEC. 1614. TRANSITION OF RECOVERING SERVICE MEMBERS FROM 
CARE AND TREATMENT THROUGH THE DEPARTMENT OF 
DEFENSE TO CARE, TREATMENT, AND REHABILITATION 
THROUGH THE DEPARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Not later than July 1, 2008, the Secretary 
of Defense and the Secretary of Veterans Affairs shall jointly 
Deadline. 
Processes. 
Procedures. 
Standards. 
10 USC 1071 
note. 
Standards. 
10 USC 1071 
note. 
Reports. 
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122 STAT. 444 
PUBLIC LAW 110–181—JAN. 28, 2008 
develop and implement processes, procedures, and standards for 
the transition of recovering service members from care and treat-
ment through the Department of Defense to care, treatment, and 
rehabilitation through the Department of Veterans Affairs. 
(b) ELEMENTS.—The processes, procedures, and standards 
required under this section shall include the following: 
(1) Uniform, patient-focused procedures to ensure that the 
transition described in subsection (a) occurs without gaps in 
medical care and in the quality of medical care, benefits, and 
services. 
(2) Procedures for the identification and tracking of recov-
ering service members during the transition, and for the 
coordination of care and treatment of recovering service mem-
bers during the transition, including a system of cooperative 
case management of recovering service members by the Depart-
ment of Defense and the Department of Veterans Affairs during 
the transition. 
(3) Procedures for the notification of Department of Vet-
erans Affairs liaison personnel of the commencement by recov-
ering service members of the medical evaluation process and 
the physical disability evaluation process. 
(4) Procedures and timelines for the enrollment of recov-
ering service members in applicable enrollment or application 
systems of the Department of Veterans Affairs with respect 
to health care, disability, education, vocational rehabilitation, 
or other benefits. 
(5) Procedures to ensure the access of recovering service 
members during the transition to vocational, educational, and 
rehabilitation benefits available through the Department of 
Veterans Affairs. 
(6) Standards for the optimal location of Department of 
Defense and Department of Veterans Affairs liaison and case 
management personnel at military medical treatment facilities, 
medical centers, and other medical facilities of the Department 
of Defense. 
(7) Standards and procedures for integrated medical care 
and management of recovering service members during the 
transition, including procedures for the assignment of medical 
personnel of the Department of Veterans Affairs to Department 
of Defense facilities to participate in the needs assessments 
of recovering service members before, during, and after their 
separation from military service. 
(8) Standards for the preparation of detailed plans for 
the transition of recovering service members from care and 
treatment by the Department of Defense to care, treatment, 
and rehabilitation by the Department of Veterans Affairs, which 
plans shall— 
(A) be based on standardized elements with respect 
to care and treatment requirements and other applicable 
requirements; and 
(B) take into account the comprehensive recovery plan 
for the recovering service member concerned as developed 
under section 1611(e)(1). 
(9) Procedures to ensure that each recovering service 
member who is being retired or separated under chapter 61 
of title 10, United States Code, receives a written transition 
plan, prior to the time of retirement or separation, that— 
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122 STAT. 445 
PUBLIC LAW 110–181—JAN. 28, 2008 
(A) specifies the recommended schedule and milestones 
for the transition of the service member from military 
service; 
(B) provides for a coordinated transition of the service 
member from the Department of Defense disability evalua-
tion system to the Department of Veterans Affairs disability 
system; and 
(C) includes information and guidance designed to 
assist the service member in understanding and meeting 
the schedule and milestones specified under subparagraph 
(A) for the service member’s transition. 
(10) Procedures for the transmittal from the Department 
of Defense to the Department of Veterans Affairs of records 
and any other required information on each recovering service 
member described in paragraph (9), which procedures shall 
provide for the transmission from the Department of Defense 
to the Department of Veterans Affairs of records and informa-
tion on the service member as follows: 
(A) The address and contact information of the service 
member. 
(B) The DD–214 discharge form of the service member, 
which shall be transmitted under such procedures electroni-
cally. 
(C) A copy of the military service record of the service 
member, including medical records and any results of a 
physical evaluation board. 
(D) Information on whether the service member is 
entitled to transitional health care, a conversion health 
policy, or other health benefits through the Department 
of Defense under section 1145 of title 10, United States 
Code. 
(E) A copy of any request of the service member for 
assistance in enrolling in, or completed applications for 
enrollment in, the health care system of the Department 
of Veterans Affairs for health care benefits for which the 
service member may be eligible under laws administered 
by the Secretary of Veterans Affairs. 
(F) A copy of any request by the service member for 
assistance in applying for, or completed applications for, 
compensation and vocational rehabilitation benefits to 
which the service member may be entitled under laws 
administered by the Secretary of Veterans Affairs. 
(11) A process to ensure that, before transmittal of medical 
records of a recovering service member to the Department 
of Veterans Affairs, the Secretary of Defense ensures that the 
service member (or an individual legally recognized to make 
medical decisions on behalf of the service member) authorizes 
the transfer of the medical records of the service member from 
the Department of Defense to the Department of Veterans 
Affairs pursuant to the Health Insurance Portability and 
Accountability Act of 1996. 
(12) Procedures to ensure that, with the consent of the 
recovering service member concerned, the address and contact 
information of the service member is transmitted to the depart-
ment or agency for veterans affairs of the State in which 
the service member intends to reside after the retirement or 
separation of the service member from the Armed Forces. 
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122 STAT. 446 
PUBLIC LAW 110–181—JAN. 28, 2008 
(13) Procedures to ensure that, before the transmittal of 
records and other information with respect to a recovering 
service member under this section, a meeting regarding the 
transmittal of such records and other information occurs among 
the service member, appropriate family members of the service 
member, representatives of the Secretary of the military depart-
ment concerned, and representatives of the Secretary of Vet-
erans Affairs, with at least 30 days advance notice of the 
meeting being given to the service member unless the service 
member waives the advance notice requirement in order to 
accelerate transmission of the service member’s records and 
other information to the Department of Veterans Affairs. 
(14) Procedures to ensure that the Secretary of Veterans 
Affairs gives appropriate consideration to a written statement 
submitted to the Secretary by a recovering service member 
regarding the transition. 
(15) Procedures to provide access for the Department of 
Veterans Affairs to the military health records of recovering 
service members who are receiving care and treatment, or 
are anticipating receipt of care and treatment, in Department 
of Veterans Affairs health care facilities, which procedures shall 
be consistent with the procedures and requirements in para-
graphs (11) and (13). 
(16) A process for the utilization of a joint separation 
and evaluation physical examination that meets the require-
ments of both the Department of Defense and the Department 
of Veterans Affairs in connection with the medical separation 
or retirement of a recovering service member from military 
service and for use by the Department of Veterans Affairs 
in disability evaluations. 
(17) Procedures for surveys and other mechanisms to 
measure patient and family satisfaction with the provision by 
the Department of Defense and the Department of Veterans 
Affairs of care and services for recovering service members, 
and to facilitate appropriate oversight by supervisory personnel 
of the provision of such care and services. 
(18) Procedures to ensure the participation of recovering 
service members who are members of the National Guard or 
Reserve in the Benefits Delivery at Discharge Program, 
including procedures to ensure that, to the maximum extent 
feasible, services under the Benefits Delivery at Discharge Pro-
gram are provided to recovering service members at— 
(A) appropriate military installations; 
(B) appropriate armories and military family support 
centers of the National Guard; 
(C) appropriate military medical care facilities at which 
members of the Armed Forces are separated or discharged 
from the Armed Forces; and 
(D) in the case of a member on the temporary disability 
retired list under section 1202 or 1205 of title 10, United 
States Code, who is being retired under another provision 
of such title or is being discharged, at a location reasonably 
convenient to the member. 
SEC. 1615. REPORTS. 
(a) REPORT ON POLICY.—Upon the development of the policy 
required by subsection (a) of section 1611 but not later than July 
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122 STAT. 447 
PUBLIC LAW 110–181—JAN. 28, 2008 
1, 2008, the Secretary of Defense and the Secretary of Veterans 
Affairs shall jointly submit to the appropriate committees of Con-
gress a report on the policy, including a comprehensive and detailed 
description of the policy and of the manner in which the policy 
addresses the detailed elements of the policy specified in subsections 
(d) through (h) of section 1611, and the findings and recommenda-
tions of the reviews under subsections (b) and (c) of section 1611. 
(b) INTERIM REPORT ON POLICY.—Not later than February 1, 
2008, the Secretary of Defense and the Secretary of Veterans Affairs 
shall jointly submit to the appropriate committees of Congress 
an interim report on the policy, which shall include a comprehensive 
and detailed description of the matters specified in subsection (a) 
current as of the date of such interim report. 
(c) REPORT ON UPDATE OF POLICY.—Upon updating the policy 
under section 1611(a)(4), the Secretary of Defense and the Secretary 
of Veterans Affairs shall jointly submit to the appropriate commit-
tees of Congress a report on the update of the policy, including 
a comprehensive and detailed description of such update and of 
the reasons for such update. 
(d) COMPTROLLER GENERAL ASSESSMENT OF IMPLEMENTATION 
OF POLICY.— 
(1) IN GENERAL.—Not later than six months after the date 
of the enactment of this Act and every year thereafter through 
2010, the Comptroller General of the United States shall submit 
to the appropriate committees of Congress a report setting 
forth the assessment of the Comptroller General of the progress 
of the Secretary of Defense and the Secretary of Veterans 
Affairs in developing and implementing the policy required 
by section 1611(a). Each report shall include a certification 
by the Comptroller General as to whether the Comptroller 
General has had timely access to sufficient information to 
enable the Comptroller General to make informed judgments 
on the matters covered by the report. 
(2) ACCESS INFORMATION.—The Secretary of Defense and 
the Secretary of Veterans Affairs shall facilitate the ability 
of the Comptroller General to conduct any review required 
for a report under this subsection within the time period 
required for such report, including prompt and complete access 
to such information as the Comptroller General considers nec-
essary to perform such review. 
(e) REPORT
ON REDUCTION
IN DISABILITY RATINGS
BY
THE 
DEPARTMENT OF DEFENSE.—Not later than February 1, 2009, the 
Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on 
the number of instances during the period beginning on October 
7, 2001, and ending on September 30, 2006, in which a disability 
rating assigned to a member of the Armed Forces by an informal 
physical evaluation board of the Department of Defense was reduced 
upon appeal, and the reasons for such reduction. 
SEC. 1616. ESTABLISHMENT OF A WOUNDED WARRIOR RESOURCE 
CENTER. 
(a) ESTABLISHMENT.—The Secretary of Defense shall establish 
a wounded warrior resource center (in this section referred to 
as the ‘‘center’’) to provide wounded warriors, their families, and 
their primary caregivers with a single point of contact for assistance 
with reporting deficiencies in covered military facilities, obtaining 
10 USC 1071 
note. 
Certification. 
Deadline. 
Reports. 
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122 STAT. 448 
PUBLIC LAW 110–181—JAN. 28, 2008 
health care services, receiving benefits information, and any other 
difficulties encountered while supporting wounded warriors. The 
Secretary shall widely disseminate information regarding the exist-
ence and availability of the center, including contact information, 
to members of the Armed Forces and their dependents. In carrying 
out this subsection, the Secretary may use existing infrastructure 
and organizations but shall ensure that the center has the ability 
to separately keep track of calls from wounded warriors. 
(b) ACCESS.—The center shall provide multiple methods of 
access, including at a minimum an Internet website and a toll- 
free telephone number (commonly referred to as a ‘‘hot line’’) at 
which personnel are accessible at all times to receive reports of 
deficiencies or provide information about covered military facilities, 
health care services, or military benefits. 
(c) CONFIDENTIALITY.— 
(1) NOTIFICATION.—Individuals who seek to provide 
information through the center under subsection (a) shall be 
notified, immediately before they provide such information, of 
their option to elect, at their discretion, to have their identity 
remain confidential. 
(2) PROHIBITION ON FURTHER DISCLOSURE.—In the case of 
information provided through use of the toll-free telephone 
number by an individual who elects to maintain the confiden-
tiality of his or her identity, any individual who, by necessity, 
has had access to such information for purposes of investigating 
or responding to the call as required under subsection (d) 
may not disclose the identity of the individual who provided 
the information. 
(d) FUNCTIONS.—The center shall perform the following func-
tions: 
(1) CALL TRACKING.—The center shall be responsible for 
documenting receipt of a call, referring the call to the appro-
priate office within a military department for answer or inves-
tigation, and tracking the formulation and notification of the 
response to the call. 
(2) INVESTIGATION
AND
RESPONSE.—The center shall be 
responsible for ensuring that, not later than 96 hours after 
a call— 
(A) if a report of deficiencies is received in a call— 
(i) any deficiencies referred to in the call are inves-
tigated; 
(ii) if substantiated, a plan of action for remedi-
ation of the deficiencies is developed and implemented; 
and 
(iii) if requested, the individual who made the 
report is notified of the current status of the report; 
or 
(B) if a request for information is received in a call— 
(i) the information requested by the caller is pro-
vided by the center; 
(ii) all requests for information from the call are 
referred to the appropriate office or offices of a military 
department for response; and 
(iii) the individual who made the report is notified, 
at a minimum, of the current status of the query. 
(3) FINAL NOTIFICATION.—The center shall be responsible 
for ensuring that, if requested, the caller is notified when 
Deadline. 
Web site. 
Communications 
and tele- 
communications. 
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122 STAT. 449 
PUBLIC LAW 110–181—JAN. 28, 2008 
the deficiency has been corrected or when the request for 
information has been fulfilled to the maximum extent prac-
ticable, as determined by the Secretary. 
(e) DEFINITIONS.—In this section: 
(1) COVERED MILITARY FACILITY.—The term ‘‘covered mili-
tary facility’’ has the meaning provided in section 1648(b) of 
this Act. 
(2) CALL.—The term ‘‘call’’ means any query or report that 
is received by the center by means of the toll-free telephone 
number or other source. 
(f) EFFECTIVE DATES.— 
(1) TOLL-FREE
TELEPHONE
NUMBER.—The toll-free tele-
phone number required to be established by subsection (a), 
shall be fully operational not later than April 1, 2008. 
(2) INTERNET WEBSITE.—The Internet website required to 
be established by subsection (a), shall be fully operational not 
later than July 1, 2008. 
SEC. 1617. NOTIFICATION TO CONGRESS OF HOSPITALIZATION OF 
COMBAT WOUNDED SERVICE MEMBERS. 
(a) NOTIFICATION REQUIRED.— 
(1) IN GENERAL.—Chapter 55 of title 10, United States 
Code, is further amended by inserting after section 1074k the 
following new section: 
‘‘§ 1074l. Notification to Congress of hospitalization of combat 
wounded members 
‘‘(a) NOTIFICATION REQUIRED.—The Secretary concerned shall 
provide notification of the hospitalization of any member of the 
armed forces evacuated from a theater of combat and admitted 
to a military treatment facility within the United States to the 
appropriate Members of Congress. 
‘‘(b) APPROPRIATE MEMBERS.—In this section, the term ‘appro-
priate Members of Congress’, with respect to the member of the 
armed forces about whom notification is being made, means the 
Senators representing the State, and the Member, Delegate, or 
Resident Commissioner of the House of Representatives rep-
resenting the district, that includes the member’s home of record 
or a different location as provided by the member. 
‘‘(c) CONSENT OF MEMBER REQUIRED.—The notification under 
subsection (a) may be provided only with the consent of the member 
of the armed forces about whom notification is to be made. In 
the case of a member who is unable to provide consent, information 
and consent may be provided by next of kin.’’. 
(2) EFFECTIVE DATE.—The notification requirement under 
section 1074l(a) of title 10, United States Code, as added by 
paragraph (1), shall apply beginning 60 days after the date 
of the enactment of this Act. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
‘‘1074l. Notification to Congress of hospitalization of combat wounded members.’’. 
10 USC 1074l 
note. 
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122 STAT. 450 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 1618. COMPREHENSIVE PLAN ON PREVENTION, DIAGNOSIS, MITI-
GATION, TREATMENT, AND REHABILITATION OF, AND 
RESEARCH ON, TRAUMATIC BRAIN INJURY, POST-TRAU-
MATIC STRESS DISORDER, AND OTHER MENTAL HEALTH 
CONDITIONS IN MEMBERS OF THE ARMED FORCES. 
(a) COMPREHENSIVE STATEMENT OF POLICY.—The Secretary of 
Defense and the Secretary of Veterans Affairs shall direct joint 
planning among the Department of Defense, the military depart-
ments, and the Department of Veterans Affairs for the prevention, 
diagnosis, mitigation, treatment, and rehabilitation of, and research 
on, traumatic brain injury, post-traumatic stress disorder, and other 
mental health conditions in members of the Armed Forces, including 
planning for the seamless transition of such members from care 
through the Department of Defense to care through the Department 
of Veterans Affairs. 
(b) COMPREHENSIVE PLAN REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall, in consultation with the Secretary of Veterans Affairs, submit 
to the congressional defense committees a comprehensive plan for 
programs and activities of the Department of Defense to prevent, 
diagnose, mitigate, treat, research, and otherwise respond to trau-
matic brain injury, post-traumatic stress disorder, and other mental 
health conditions in members of the Armed Forces, including— 
(1) an assessment of the current capabilities of the Depart-
ment for the prevention, diagnosis, mitigation, treatment, and 
rehabilitation of, and research on, traumatic brain injury, post- 
traumatic stress disorder, and other mental health conditions 
in members of the Armed Forces; 
(2) the identification of gaps in current capabilities of the 
Department for the prevention, diagnosis, mitigation, treat-
ment, and rehabilitation of, and research on, traumatic brain 
injury, post-traumatic stress disorder, and other mental health 
conditions in members of the Armed Forces; and 
(3) the identification of the resources required for the 
Department in fiscal years 2009 through 2013 to address the 
gaps in capabilities identified under paragraph (2). 
(c) PROGRAM REQUIRED.—One of the programs contained in 
the comprehensive plan submitted under subsection (b) shall be 
a Department of Defense program, developed in collaboration with 
the Department of Veterans Affairs, under which each member 
of the Armed Forces who incurs a traumatic brain injury or post- 
traumatic stress disorder during service in the Armed Forces— 
(1) is enrolled in the program; and 
(2) receives treatment and rehabilitation meeting a 
standard of care such that each individual who qualifies for 
care under the program shall— 
(A) be provided the highest quality, evidence-based 
care in facilities that most appropriately meet the specific 
needs of the individual; and 
(B) be rehabilitated to the fullest extent possible using 
up-to-date evidence-based medical technology, and physical 
and medical rehabilitation practices and expertise. 
(d) PROVISION OF INFORMATION REQUIRED.—The comprehensive 
plan submitted under subsection (b) shall require the provision 
of information by the Secretary of Defense to members of the 
Armed Forces with traumatic brain injury, post-traumatic stress 
Deadline. 
10 USC 1071 
note. 
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122 STAT. 451 
PUBLIC LAW 110–181—JAN. 28, 2008 
disorder, or other mental health conditions and their families about 
their options with respect to the following: 
(1) The receipt of medical and mental health care from 
the Department of Defense and the Department of Veterans 
Affairs. 
(2) Additional options available to such members for treat-
ment and rehabilitation of traumatic brain injury, post-trau-
matic stress disorder, and other mental health conditions. 
(3) The options available, including obtaining a second 
opinion, to such members for a referral to an authorized pro-
vider under chapter 55 of title 10, United States Code, as 
determined under regulations prescribed by the Secretary of 
Defense. 
(e) ADDITIONAL ELEMENTS OF PLAN.—The comprehensive plan 
submitted under subsection (b) shall include comprehensive pro-
posals of the Department on the following: 
(1) LEAD
AGENT.—The designation by the Secretary of 
Defense of a lead agent or executive agent for the Department 
to coordinate development and implementation of the plan. 
(2) DETECTION
AND
TREATMENT.—The improvement of 
methods and mechanisms for the detection and treatment of 
traumatic brain injury, post-traumatic stress disorder, and 
other mental health conditions in members of the Armed Forces 
in the field. 
(3) REDUCTION OF PTSD.—The development of a plan for 
reducing post traumatic-stress disorder, incorporating evidence- 
based preventive and early-intervention measures, practices, 
or procedures that reduce the likelihood that personnel in com-
bat will develop post-traumatic stress disorder or other stress- 
related conditions (including substance abuse conditions) into— 
(A) basic and pre-deployment training for enlisted 
members of the Armed Forces, noncommissioned officers, 
and officers; 
(B) combat theater operations; and 
(C) post-deployment service. 
(4) RESEARCH.—Requirements for research on traumatic 
brain injury, post-traumatic stress disorder, and other mental 
health conditions including (in particular) research on pharma-
cological and other approaches to treatment for traumatic brain 
injury, post-traumatic stress disorder, or other mental health 
conditions, as applicable, and the allocation of priorities among 
such research. 
(5) DIAGNOSTIC CRITERIA.—The development, adoption, and 
deployment of joint Department of Defense-Department of Vet-
erans Affairs evidence-based diagnostic criteria for the detection 
and evaluation of the range of traumatic brain injury, post- 
traumatic stress disorder, and other mental health conditions 
in members of the Armed Forces, which criteria shall be 
employed uniformly across the military departments in all 
applicable circumstances, including provision of clinical care 
and assessment of future deployability of members of the Armed 
Forces. 
(6) ASSESSMENT.—The development and deployment of evi-
dence-based means of assessing traumatic brain injury, post- 
traumatic stress disorder, and other mental health conditions 
in members of the Armed Forces, including a system of pre- 
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122 STAT. 452 
PUBLIC LAW 110–181—JAN. 28, 2008 
deployment and post-deployment screenings of cognitive ability 
in members for the detection of cognitive impairment. 
(7) MANAGING
AND
MONITORING.—The development and 
deployment of effective means of managing and monitoring 
members of the Armed Forces with traumatic brain injury, 
post-traumatic stress disorder, or other mental health condi-
tions in the receipt of care for traumatic brain injury, post- 
traumatic stress disorder, or other mental health conditions, 
as applicable, including the monitoring and assessment of treat-
ment and outcomes. 
(8) EDUCATION
AND
AWARENESS.—The development and 
deployment of an education and awareness training initiative 
designed to reduce the negative stigma associated with trau-
matic brain injury, post-traumatic stress disorder, and other 
mental health conditions, and mental health treatment. 
(9) EDUCATION AND OUTREACH.—The provision of education 
and outreach to families of members of the Armed Forces 
with traumatic brain injury, post-traumatic stress disorder, 
or other mental health conditions on a range of matters relating 
to traumatic brain injury, post-traumatic stress disorder, or 
other mental health conditions, as applicable, including detec-
tion, mitigation, and treatment. 
(10) RECORDING OF BLASTS.—A requirement that exposure 
to a blast or blasts be recorded in the records of members 
of the Armed Forces. 
(11) GUIDELINES FOR BLAST INJURIES.—The development 
of clinical practice guidelines for the diagnosis and treatment 
of blast injuries in members of the Armed Forces, including, 
but not limited to, traumatic brain injury. 
(12) GENDER- AND ETHNIC GROUP-SPECIFIC SERVICES AND 
TREATMENT.—The development of requirements, as appropriate, 
for gender- and ethnic group-specific medical care services and 
treatment for members of the Armed Forces who experience 
mental health problems and conditions, including post-trau-
matic stress disorder, with specific regard to the availability 
of, access to, and research and development requirements of 
such needs. 
(f) COORDINATION IN DEVELOPMENT.—The comprehensive plan 
submitted under subsection (b) shall be developed in coordination 
with the Secretary of the Army (who was designated by the Sec-
retary of Defense as executive agent for the prevention, mitigation, 
and treatment of blast injuries under section 256 of the National 
Defense Authorization Act for Fiscal Year 2006 (Public Law 109– 
163; 119 Stat. 3181; 10 U.S.C. 1071 note)). 
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122 STAT. 453 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle B—Centers of Excellence in the 
Prevention, Diagnosis, Mitigation, Treat-
ment, and Rehabilitation of Traumatic 
Brain Injury, Post-Traumatic Stress Dis-
order, and Eye Injuries 
SEC. 1621. CENTER OF EXCELLENCE IN THE PREVENTION, DIAGNOSIS, 
MITIGATION, TREATMENT, AND REHABILITATION OF 
TRAUMATIC BRAIN INJURY. 
(a) IN GENERAL.—The Secretary of Defense shall establish 
within the Department of Defense a center of excellence in the 
prevention, diagnosis, mitigation, treatment, and rehabilitation of 
traumatic brain injury, including mild, moderate, and severe trau-
matic brain injury, to carry out the responsibilities specified in 
subsection (c). 
(b) PARTNERSHIPS.—The Secretary shall ensure that the Center 
collaborates to the maximum extent practicable with the Depart-
ment of Veterans Affairs, institutions of higher education, and 
other appropriate public and private entities (including inter-
national entities) to carry out the responsibilities specified in sub-
section (c). 
(c) RESPONSIBILITIES.—The Center shall have responsibilities 
as follows: 
(1) To implement the comprehensive plan and strategy 
for the Department of Defense, required by section 1618 of 
this Act, for the prevention, diagnosis, mitigation, treatment, 
and rehabilitation of traumatic brain injury, including research 
on gender and ethnic group-specific health needs related to 
traumatic brain injury. 
(2) To provide for the development, testing, and dissemina-
tion within the Department of best practices for the treatment 
of traumatic brain injury. 
(3) To provide guidance for the mental health system of 
the Department in determining the mental health and neuro-
logical health personnel required to provide quality mental 
health care for members of the Armed Forces with traumatic 
brain injury. 
(4) To establish, implement, and oversee a comprehensive 
program to train mental health and neurological health profes-
sionals of the Department in the treatment of traumatic brain 
injury. 
(5) To facilitate advancements in the study of the short- 
term and long-term psychological effects of traumatic brain 
injury. 
(6) To disseminate within the military medical treatment 
facilities of the Department best practices for training mental 
health professionals, including neurological health profes-
sionals, with respect to traumatic brain injury. 
(7) To conduct basic science and translational research 
on traumatic brain injury for the purposes of understanding 
the etiology of traumatic brain injury and developing preventive 
interventions and new treatments. 
(8) To develop programs and outreach strategies for families 
of members of the Armed Forces with traumatic brain injury 
Establishment. 
10 USC 1071 
note. 
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122 STAT. 454 
PUBLIC LAW 110–181—JAN. 28, 2008 
in order to mitigate the negative impacts of traumatic brain 
injury on such family members and to support the recovery 
of such members from traumatic brain injury. 
(9) To conduct research on the mental health needs of 
families of members of the Armed Forces with traumatic brain 
injury and develop protocols to address any needs identified 
through such research. 
(10) To conduct longitudinal studies (using imaging tech-
nology and other proven research methods) on members of 
the Armed Forces with traumatic brain injury to identify early 
signs of Alzheimer’s disease, Parkinson’s disease, or other mani-
festations of neurodegeneration, as well as epilepsy, in such 
members, in coordination with the studies authorized by section 
721 of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2294) 
and other studies of the Department of Defense and the Depart-
ment of Veterans Affairs that address the connection between 
exposure to combat and the development of Alzheimer’s disease, 
Parkinson’s disease, and other neurodegenerative disorders, as 
well as epilepsy. 
(11) To develop and oversee a long-term plan to increase 
the number of mental health and neurological health profes-
sionals within the Department in order to facilitate the meeting 
by the Department of the needs of members of the Armed 
Forces with traumatic brain injury until their transition to 
care and treatment from the Department of Veterans Affairs. 
(12) To develop a program on comprehensive pain manage-
ment, including management of acute and chronic pain, to 
utilize current and develop new treatments for pain, and to 
identify and disseminate best practices on pain management 
related to traumatic brain injury. 
(13) Such other responsibilities as the Secretary shall 
specify. 
SEC. 1622. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITI-
GATION, TREATMENT, AND REHABILITATION OF POST- 
TRAUMATIC STRESS DISORDER AND OTHER MENTAL 
HEALTH CONDITIONS. 
(a) IN GENERAL.—The Secretary of Defense shall establish 
within the Department of Defense a center of excellence in the 
prevention, diagnosis, mitigation, treatment, and rehabilitation of 
post-traumatic stress disorder (PTSD) and other mental health 
conditions, including mild, moderate, and severe post-traumatic 
stress disorder and other mental health conditions, to carry out 
the responsibilities specified in subsection (c). 
(b) PARTNERSHIPS.—The Secretary shall ensure that the center 
collaborates to the maximum extent practicable with the National 
Center on Post-Traumatic Stress Disorder of the Department of 
Veterans Affairs, institutions of higher education, and other appro-
priate public and private entities (including international entities) 
to carry out the responsibilities specified in subsection (c). 
(c) RESPONSIBILITIES.—The center shall have responsibilities 
as follows: 
(1) To implement the comprehensive plan and strategy 
for the Department of Defense, required by section 1618 of 
this Act, for the prevention, diagnosis, mitigation, treatment, 
and rehabilitation of post-traumatic stress disorder and other 
Establishment. 
10 USC 1071 
note. 
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122 STAT. 455 
PUBLIC LAW 110–181—JAN. 28, 2008 
mental health conditions, including research on gender- and 
ethnic group-specific health needs related to post-traumatic 
stress disorder and other mental health conditions. 
(2) To provide for the development, testing, and dissemina-
tion within the Department of best practices for the treatment 
of post-traumatic stress disorder. 
(3) To provide guidance for the mental health system of 
the Department in determining the mental health and neuro-
logical health personnel required to provide quality mental 
health care for members of the Armed Forces with post-trau-
matic stress disorder and other mental health conditions. 
(4) To establish, implement, and oversee a comprehensive 
program to train mental health and neurological health profes-
sionals of the Department in the treatment of post-traumatic 
stress disorder and other mental health conditions. 
(5) To facilitate advancements in the study of the short- 
term and long-term psychological effects of post-traumatic 
stress disorder and other mental health conditions. 
(6) To disseminate within the military medical treatment 
facilities of the Department best practices for training mental 
health professionals, including neurological health profes-
sionals, with respect to post-traumatic stress disorder and other 
mental health conditions. 
(7) To conduct basic science and translational research 
on post-traumatic stress disorder for the purposes of under-
standing the etiology of post-traumatic stress disorder and 
developing preventive interventions and new treatments. 
(8) To develop programs and outreach strategies for families 
of members of the Armed Forces with post-traumatic stress 
disorder and other mental health conditions in order to mitigate 
the negative impacts of post-traumatic stress disorder and other 
mental health conditions on such family members and to sup-
port the recovery of such members from post-traumatic stress 
disorder and other mental health conditions. 
(9) To conduct research on the mental health needs of 
families of members of the Armed Forces with post-traumatic 
stress disorder and other mental health conditions and develop 
protocols to address any needs identified through such research. 
(10) To develop and oversee a long-term plan to increase 
the number of mental health and neurological health profes-
sionals within the Department in order to facilitate the meeting 
by the Department of the needs of members of the Armed 
Forces with post-traumatic stress disorder and other mental 
health conditions until their transition to care and treatment 
from the Department of Veterans Affairs. 
SEC. 1623. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITI-
GATION, TREATMENT, AND REHABILITATION OF MILI-
TARY EYE INJURIES. 
(a) IN GENERAL.—The Secretary of Defense shall establish 
within the Department of Defense a center of excellence in the 
prevention, diagnosis, mitigation, treatment, and rehabilitation of 
military eye injuries to carry out the responsibilities specified in 
subsection (c). 
(b) PARTNERSHIPS.—The Secretary shall ensure that the center 
collaborates to the maximum extent practicable with the Secretary 
of Veterans Affairs, institutions of higher education, and other 
Establishment. 
10 USC 1071 
note. 
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122 STAT. 456 
PUBLIC LAW 110–181—JAN. 28, 2008 
appropriate public and private entities (including international enti-
ties) to carry out the responsibilities specified in subsection (c). 
(c) RESPONSIBILITIES.— 
(1) IN GENERAL.—The center shall— 
(A) implement a comprehensive plan and strategy for 
the Department of Defense, as developed by the Secretary 
of Defense, for a registry of information for the tracking 
of the diagnosis, surgical intervention or other operative 
procedure, other treatment, and follow up for each case 
of significant eye injury incurred by a member of the Armed 
Forces while serving on active duty; 
(B) ensure the electronic exchange with the Secretary 
of Veterans Affairs of information obtained through 
tracking under subparagraph (A); and 
(C) enable the Secretary of Veterans Affairs to access 
the registry and add information pertaining to additional 
treatments or surgical procedures and eventual visual out-
comes for veterans who were entered into the registry 
and subsequently received treatment through the Veterans 
Health Administration. 
(2) DESIGNATION
OF
REGISTRY.—The registry under this 
subsection shall be known as the ‘‘Military Eye Injury Registry’’ 
(hereinafter referred to as the ‘‘Registry’’). 
(3) CONSULTATION
IN
DEVELOPMENT.—The center shall 
develop the Registry in consultation with the ophthalmological 
specialist personnel and optometric specialist personnel of the 
Department of Defense and the ophthalmological specialist per-
sonnel and optometric specialist personnel of the Department 
of Veterans Affairs. The mechanisms and procedures of the 
Registry shall reflect applicable expert research on military 
and other eye injuries. 
(4) MECHANISMS.—The mechanisms of the Registry for 
tracking under paragraph (1)(A) shall ensure that each military 
medical treatment facility or other medical facility shall submit 
to the center for inclusion in the Registry information on the 
diagnosis, surgical intervention or other operative procedure, 
other treatment, and follow up for each case of eye injury 
described in that paragraph as follows (to the extent applicable): 
(A) Not later than 30 days after surgery or other opera-
tive intervention, including a surgery or other operative 
intervention carried out as a result of a follow-up examina-
tion. 
(B) Not later than 180 days after the significant eye 
injury is reported or recorded in the medical record. 
(5) COORDINATION OF CARE AND BENEFITS.—(A) The center 
shall provide notice to the Blind Rehabilitation Service of the 
Department of Veterans Affairs and to the eye care services 
of the Veterans Health Administration on each member of 
the Armed Forces described in subparagraph (B) for purposes 
of ensuring the coordination of the provision of ongoing eye 
care and visual rehabilitation benefits and services by the 
Department of Veterans Affairs after the separation or release 
of such member from the Armed Forces. 
(B) A member of the Armed Forces described in this 
subparagraph is a member of the Armed Forces as follows: 
Notification. 
Deadlines. 
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122 STAT. 457 
PUBLIC LAW 110–181—JAN. 28, 2008 
(i) A member with a significant eye injury incurred 
while serving on active duty, including a member with 
visual dysfunction related to traumatic brain injury. 
(ii) A member with an eye injury incurred while serving 
on active duty who has a visual acuity of 20/200 or less 
in the injured eye. 
(iii) A member with an eye injury incurred while 
serving on active duty who has a loss of peripheral vision 
resulting in 20 degrees or less of visual field in the injured 
eye. 
(d) UTILIZATION OF REGISTRY INFORMATION.—The Secretary of 
Defense and the Secretary of Veterans Affairs shall jointly ensure 
that information in the Registry is available to appropriate ophthal-
mological and optometric personnel of the Department of Defense 
and the Department of Veterans Affairs for purposes of encouraging 
and facilitating the conduct of research, and the development of 
best practices and clinical education, on eye injuries incurred by 
members of the Armed Forces in combat. 
(e) INCLUSION OF RECORDS OF OIF/OEF VETERANS.—The Sec-
retary of Defense shall take appropriate actions to include in the 
Registry such records of members of the Armed Forces who incurred 
an eye injury while serving on active duty on or after September 
11, 2001, but before the establishment of the Registry, as the 
Secretary considers appropriate for purposes of the Registry. 
(f) TRAUMATIC BRAIN INJURY POST TRAUMATIC VISUAL SYN-
DROME.—In carrying out the program at Walter Reed Army Medical 
Center, District of Columbia, on traumatic brain injury post trau-
matic visual syndrome, the Secretary of Defense and the Depart-
ment of Veterans Affairs shall jointly provide for the conduct of 
a cooperative program for members of the Armed Forces and vet-
erans with traumatic brain injury by military medical treatment 
facilities of the Department of Defense and medical centers of 
the Department of Veterans Affairs selected for purposes of this 
subsection for purposes of vision screening, diagnosis, rehabilitative 
management, and vision research, including research on prevention, 
on visual dysfunction related to traumatic brain injury. 
SEC. 1624. REPORT ON ESTABLISHMENT OF CENTERS OF EXCELLENCE. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit 
to Congress a report on— 
(1) the establishment of the center of excellence in preven-
tion, diagnosis, mitigation, treatment, and rehabilitation of 
traumatic brain injury under section 1621; 
(2) the establishment of the center of excellence in preven-
tion, diagnosis, mitigation, treatment, and rehabilitation of 
post-traumatic stress disorder and other mental health condi-
tions under section 1622; and 
(3) the establishment of the center of excellence in preven-
tion, diagnosis, mitigation, treatment, and rehabilitation of mili-
tary eye injuries under section 1623. 
(b) MATTERS COVERED.—The report shall, for each such center— 
(1) describe in detail the activities and proposed activities 
of such center; and 
(2) assess the progress of such center in discharging the 
responsibilities of such center. 
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122 STAT. 458 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle C—Health Care Matters 
SEC. 1631. MEDICAL CARE AND OTHER BENEFITS FOR MEMBERS AND 
FORMER MEMBERS OF THE ARMED FORCES WITH 
SEVERE INJURIES OR ILLNESSES. 
(a) MEDICAL AND DENTAL CARE FOR FORMER MEMBERS.— 
(1) IN GENERAL.—Effective as of the date of the enactment 
of this Act and subject to regulations prescribed by the Sec-
retary of Defense, the Secretary may authorize that any former 
member of the Armed Forces with a serious injury or illness 
may receive the same medical and dental care as a member 
of the Armed Forces on active duty for medical and dental 
care not reasonably available to such former member in the 
Department of Veterans Affairs. 
(2) SUNSET.—The Secretary of Defense may not provide 
medical or dental care to a former member of the Armed 
Forces under this subsection after December 31, 2012, if the 
Secretary has not provided medical or dental care to the former 
member under this subsection before that date. 
(b) REHABILITATION AND VOCATIONAL BENEFITS.— 
(1) IN GENERAL.—Effective as of the date of the enactment 
of this Act, a member of the Armed Forces with a severe 
injury or illness is entitled to such benefits (including 
rehabilitation and vocational benefits, but not including com-
pensation) from the Secretary of Veterans Affairs to facilitate 
the recovery and rehabilitation of such member as the Secretary 
otherwise provides to veterans of the Armed Forces receiving 
medical care in medical facilities of the Department of Veterans 
Affairs facilities in order to facilitate the recovery and 
rehabilitation of such members. 
(2) SUNSET.—The Secretary of Veterans Affairs may not 
provide benefits to a member of the Armed Forces under this 
subsection after December 31, 2012, if the Secretary has not 
provided benefits to the member under this subsection before 
that date. 
SEC. 1632. REIMBURSEMENT OF TRAVEL EXPENSES OF RETIRED MEM-
BERS WITH COMBAT-RELATED DISABILITIES FOR FOL-
LOW-ON SPECIALTY CARE, SERVICES, AND SUPPLIES. 
(a) TRAVEL.—Section 1074i of title 10, United States Code, 
is amended— 
(1) by redesignating subsection (b) as subsection (c); and 
(2) by inserting after subsection (a) the following new sub-
section (b): 
‘‘(b) OUTREACH PROGRAM
AND TRAVEL REIMBURSEMENT
FOR 
FOLLOW-ON SPECIALTY CARE
AND RELATED SERVICES.—The Sec-
retary concerned shall ensure that an outreach program is imple-
mented for each member of the uniformed services who incurred 
a combat-related disability and is entitled to retired or retainer 
pay, or equivalent pay, so that— 
‘‘(1) the progress of the member is closely monitored; and 
‘‘(2) the member receives the travel reimbursement author-
ized by subsection (a) whenever the member requires follow- 
on specialty care, services, or supplies.’’. 
Effective dates. 
10 USC 1071 
note. 
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122 STAT. 459 
PUBLIC LAW 110–181—JAN. 28, 2008 
(b) COMBAT-RELATED DISABILITY DEFINED.—Subsection (c) of 
such section, as redesignated by subsection (a)(1), is amended by 
adding at the end the following new paragraph: 
‘‘(3) The term ‘combat-related disability’ has the meaning 
given that term in section 1413a of this title.’’. 
(c) EFFECTIVE DATE.—Subsection (b) of section 1074i of title 
10, United States Code, as added by subsection (a)(2), shall apply 
with respect to travel described in subsection (a) of such section 
that occurs on or after January 1, 2008, for follow-on specialty 
care, services, or supplies. 
SEC. 1633. RESPITE CARE AND OTHER EXTENDED CARE BENEFITS 
FOR MEMBERS OF THE UNIFORMED SERVICES WHO 
INCUR A SERIOUS INJURY OR ILLNESS ON ACTIVE DUTY. 
(a) IN GENERAL.—Section 1074(c) of title 10, United States 
Code, is amended by adding at the end the following new paragraph: 
‘‘(4)(A) Subject to such terms and conditions as the Secretary 
of Defense considers appropriate, coverage comparable to that pro-
vided by the Secretary under subsections (d) and (e) of section 
1079 of this title shall be provided under this subsection to members 
of the uniformed services who incur a serious injury or illness 
on active duty as defined by regulations prescribed by the Secretary. 
‘‘(B) The Secretary of Defense shall prescribe in regulations— 
‘‘(i) the individuals who shall be treated as the primary 
caregivers of a member of the uniformed services for purposes 
of this paragraph; and 
‘‘(ii) the definition of serious injury or illness for the pur-
poses of this paragraph.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on January 1, 2008. 
SEC. 1634. REPORTS. 
(a) REPORTS ON IMPLEMENTATION OF CERTAIN REQUIREMENTS.— 
Not later than 90 days after the date of the enactment of this 
Act, the Secretary of Defense shall submit to the congressional 
defense committees a report describing the progress in imple-
menting the requirements as follows: 
(1) The requirements of section 721 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109–364; 120 Stat. 2294), relating to a longitudinal study 
on traumatic brain injury incurred by members of the Armed 
Forces in Operation Iraqi Freedom and Operation Enduring 
Freedom. 
(2) The requirements of section 741 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (120 
Stat. 2304), relating to pilot projects on early diagnosis and 
treatment of post-traumatic stress disorder and other mental 
health conditions. 
(b) ANNUAL REPORTS
ON EXPENDITURES
FOR ACTIVITIES
ON 
TBI AND PTSD.— 
(1) REPORTS REQUIRED.—Not later than March 1, 2008, 
and each year thereafter through 2013, the Secretary of Defense 
shall submit to the congressional defense committees a report 
setting forth the amounts expended by the Department of 
Defense during the preceding calendar year on activities 
described in paragraph (2), including the amount allocated 
during such calendar year to the Defense and Veterans Brain 
Injury Center of the Department. 
10 USC 1074 
note. 
Regulations. 
Applicability. 
10 USC 1074i 
note. 
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122 STAT. 460 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) COVERED ACTIVITIES.—The activities described in this 
paragraph are activities as follows: 
(A) Activities relating to the improved diagnosis, treat-
ment, and rehabilitation of members of the Armed Forces 
with traumatic brain injury (TBI). 
(B) Activities relating to the improved diagnosis, treat-
ment, and rehabilitation of members of the Armed Forces 
with post-traumatic stress disorder (PTSD). 
(3) ELEMENTS.—Each report under paragraph (1) shall 
include— 
(A) a description of the amounts expended as described 
in that paragraph, including a description of the activities 
for which expended; 
(B) a description and assessment of the outcome of 
such activities; 
(C) a statement of priorities of the Department in 
activities relating to the prevention, diagnosis, research, 
treatment, and rehabilitation of traumatic brain injury in 
members of the Armed Forces during the year in which 
such report is submitted and in future calendar years; 
(D) a statement of priorities of the Department in 
activities relating to the prevention, diagnosis, research, 
treatment, and rehabilitation of post-traumatic stress dis-
order and other mental health conditions in members of 
the Armed Forces during the year in which such report 
is submitted and in future calendar years; and 
(E) an assessment of the progress made toward 
achieving the priorities stated in subparagraphs (C) and 
(D) in the report under paragraph (1) in the previous 
year, and a description of any actions planned during the 
year in which such report is submitted to achieve any 
unfulfilled priorities during such year. 
SEC. 1635. FULLY INTEROPERABLE ELECTRONIC PERSONAL HEALTH 
INFORMATION FOR THE DEPARTMENT OF DEFENSE AND 
DEPARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—The Secretary of Defense and the Secretary 
of Veterans Affairs shall jointly— 
(1) develop and implement electronic health record systems 
or capabilities that allow for full interoperability of personal 
health care information between the Department of Defense 
and the Department of Veterans Affairs; and 
(2) accelerate the exchange of health care information 
between the Department of Defense and the Department of 
Veterans Affairs in order to support the delivery of health 
care by both Departments. 
(b) DEPARTMENT
OF
DEFENSE-DEPARTMENT
OF
VETERANS 
AFFAIRS INTERAGENCY PROGRAM OFFICE.— 
(1) IN
GENERAL.—There is hereby established an inter-
agency program office of the Department of Defense and the 
Department of Veterans Affairs (in this section referred to 
as the ‘‘Office’’) for the purposes described in paragraph (2). 
(2) PURPOSES.—The purposes of the Office shall be as fol-
lows: 
(A) To act as a single point of accountability for the 
Department of Defense and the Department of Veterans 
Affairs in the rapid development and implementation of 
Establishment. 
Records. 
10 USC 1071 
note. 
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122 STAT. 461 
PUBLIC LAW 110–181—JAN. 28, 2008 
electronic health record systems or capabilities that allow 
for full interoperability of personal health care information 
between the Department of Defense and the Department 
of Veterans Affairs. 
(B) To accelerate the exchange of health care informa-
tion between the Department of Defense and the Depart-
ment of Veterans Affairs in order to support the delivery 
of health care by both Departments. 
(c) LEADERSHIP.— 
(1) DIRECTOR.—The Director of the Office shall be the head 
of the Office. 
(2) DEPUTY DIRECTOR.—The Deputy Director of the Office 
shall be the deputy head of the Office and shall assist the 
Director in carrying out the duties of the Director. 
(3) APPOINTMENTS.—(A) The Director shall be appointed 
by the Secretary of Defense, with the concurrence of the Sec-
retary of Veterans Affairs, from among persons who are quali-
fied to direct the development, acquisition, and integration 
of major information technology capabilities. 
(B) The Deputy Director shall be appointed by the Secretary 
of Veterans Affairs, with the concurrence of the Secretary of 
Defense, from among employees of the Department of Defense 
and the Department of Veterans Affairs in the Senior Executive 
Service who are qualified to direct the development, acquisition, 
and integration of major information technology capabilities. 
(4) ADDITIONAL GUIDANCE.—In addition to the direction, 
supervision, and control provided by the Secretary of Defense 
and the Secretary of Veterans Affairs, the Office shall also 
receive guidance from the Department of Veterans Affairs- 
Department of Defense Joint Executive Committee under sec-
tion 320 of title 38, United States Code, in the discharge of 
the functions of the Office under this section. 
(5) TESTIMONY.—Upon request by any of the appropriate 
committees of Congress, the Director and the Deputy Director 
shall testify before such committee regarding the discharge 
of the functions of the Office under this section. 
(d) FUNCTION.—The function of the Office shall be to implement, 
by not later than September 30, 2009, electronic health record 
systems or capabilities that allow for full interoperability of personal 
health care information between the Department of Defense and 
the Department of Veterans Affairs, which health records shall 
comply with applicable interoperability standards, implementation 
specifications, and certification criteria (including for the reporting 
of quality measures) of the Federal Government. 
(e) SCHEDULES
AND BENCHMARKS.—Not later than 30 days 
after the date of the enactment of this Act, the Secretary of Defense 
and the Secretary of Veterans Affairs shall jointly establish a 
schedule and benchmarks for the discharge by the Office of its 
function under this section, including each of the following: 
(1) A schedule for the establishment of the Office. 
(2) A schedule and deadline for the establishment of the 
requirements for electronic health record systems or capabilities 
described in subsection (d), including coordination with the 
Office of the National Coordinator for Health Information Tech-
nology in the development of a nationwide interoperable health 
information technology infrastructure. 
Deadline. 
Records. 
Deadline. 
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122 STAT. 462 
PUBLIC LAW 110–181—JAN. 28, 2008 
(3) A schedule and associated deadlines for any acquisition 
and testing required in the implementation of electronic health 
record systems or capabilities that allow for full interoperability 
of personal health care information between the Department 
of Defense and the Department of Veterans Affairs. 
(4) A schedule and associated deadlines and requirements 
for the implementation of electronic health record systems or 
capabilities that allow for full interoperability of personal health 
care information between the Department of Defense and the 
Department of Veterans Affairs. 
(f) PILOT PROJECTS.— 
(1) AUTHORITY.—In order to assist the Office in the dis-
charge of its function under this section, the Secretary of 
Defense and the Secretary of Veterans Affairs may, acting 
jointly, carry out one or more pilot projects to assess the feasi-
bility and advisability of various technological approaches to 
the achievement of the electronic health record systems or 
capabilities described in subsection (d). 
(2) SHARING
OF
PROTECTED
HEALTH
INFORMATION.—For 
purposes of each pilot project carried out under this subsection, 
the Secretary of Defense and the Secretary of Veterans Affairs 
shall, for purposes of the regulations promulgated under section 
264(c) of the Health Insurance Portability and Accountability 
Act of 1996 (42 U.S.C. 1320d–2 note), ensure the effective 
sharing of protected health information between the health 
care system of the Department of Defense and the health 
care system of the Department of Veterans Affairs as needed 
to provide all health care services and other benefits allowed 
by law. 
(g) STAFF AND OTHER RESOURCES.— 
(1) IN GENERAL.—The Secretary of Defense and the Sec-
retary of Veterans Affairs shall assign to the Office such per-
sonnel and other resources of the Department of Defense and 
the Department of Veterans Affairs as are required for the 
discharge of its function under this section. 
(2) ADDITIONAL SERVICES.—Subject to the approval of the 
Secretary of Defense and the Secretary of Veterans Affairs, 
the Director may utilize the services of private individuals 
and entities as consultants to the Office in the discharge of 
its function under this section. Amounts available to the Office 
shall be available for payment for such services. 
(h) ANNUAL REPORTS.— 
(1) IN
GENERAL.—Not later than January 1, 2009, and 
each year thereafter through 2014, the Director shall submit 
to the Secretary of Defense and the Secretary of Veterans 
Affairs, and to the appropriate committees of Congress, a report 
on the activities of the Office during the preceding calendar 
year. Each report shall include, for the year covered by such 
report, the following: 
(A) A detailed description of the activities of the Office, 
including a detailed description of the amounts expended 
and the purposes for which expended. 
(B) An assessment of the progress made by the Depart-
ment of Defense and the Department of Veterans Affairs 
in the full implementation of electronic health record sys-
tems or capabilities described in subsection (d). 
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122 STAT. 463 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) AVAILABILITY TO PUBLIC.—The Secretary of Defense and 
the Secretary of Veterans Affairs shall make available to the 
public each report submitted under paragraph (1), including 
by posting such report on the Internet website of the Depart-
ment of Defense and the Department of Veterans Affairs, 
respectively, that is available to the public. 
(i) COMPTROLLER GENERAL ASSESSMENT OF IMPLEMENTATION.— 
Not later than six months after the date of the enactment of 
this Act and every six months thereafter until the completion of 
the implementation of electronic health record systems or capabili-
ties described in subsection (d), the Comptroller General of the 
United States shall submit to the appropriate committees of Con-
gress a report setting forth the assessment of the Comptroller 
General of the progress of the Department of Defense and the 
Department of Veterans Affairs in implementing electronic health 
record systems or capabilities described in subsection (d). 
SEC. 1636. ENHANCED PERSONNEL AUTHORITIES FOR THE DEPART-
MENT OF DEFENSE FOR HEALTH CARE PROFESSIONALS 
FOR CARE AND TREATMENT OF WOUNDED AND INJURED 
MEMBERS OF THE ARMED FORCES. 
(a) IN GENERAL.—Section 1599c of title 10, United States Code, 
is amended to read as follows: 
‘‘§ 1599c. Health care professionals: enhanced appointment 
and compensation authority for personnel for 
care and treatment of wounded and injured mem-
bers of the armed forces 
‘‘(a) IN GENERAL.—The Secretary of Defense may, at the discre-
tion of the Secretary, exercise any authority for the appointment 
and pay of health care personnel under chapter 74 of title 38 
for purposes of the recruitment, employment, and retention of 
civilian health care professionals for the Department of Defense 
if the Secretary determines that the exercise of such authority 
is necessary in order to provide or enhance the capacity of the 
Department to provide care and treatment for members of the 
armed forces who are wounded or injured on active duty in the 
armed forces and to support the ongoing patient care and medical 
readiness, education, and training requirements of the Department 
of Defense. 
‘‘(b) RECRUITMENT OF PERSONNEL.—(1) The Secretaries of the 
military departments shall each develop and implement a strategy 
to disseminate among appropriate personnel of the military depart-
ments authorities and best practices for the recruitment of medical 
and health professionals, including the authorities under subsection 
(a). 
‘‘(2) Each strategy under paragraph (1) shall— 
‘‘(A) assess current recruitment policies, procedures, and 
practices of the military department concerned to assure that 
such strategy facilitates the implementation of efficiencies 
which reduce the time required to fill vacant positions for 
medical and health professionals; and 
‘‘(B) clearly identify processes and actions that will be 
used to inform and educate military and civilian personnel 
responsible for the recruitment of medical and health profes-
sionals. 
Deadlines. 
Reports. 
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122 STAT. 464 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(c) TERMINATION OF AUTHORITY.—The authority of the Sec-
retary of Defense to exercise authorities available under chapter 
74 of title 38 for purposes of the recruitment, employment, and 
retention of civilian health care professionals for the Department 
of Defense expires September 30, 2010.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 81 of such title is amended by striking the item 
relating to section 1599c and inserting the following new item: 
‘‘1599c. Health care professionals: enhanced appointment and compensation author-
ity for personnel for care and treatment of wounded and injured mem-
bers of the armed forces.’’. 
(c) REPORTS ON STRATEGIES ON RECRUITMENT OF MEDICAL AND 
HEALTH PROFESSIONALS.—Not later than six months after the date 
of the enactment of this Act, each Secretary of a military depart-
ment shall submit to the congressional defense committees a report 
setting forth the strategy developed by such Secretary under section 
1599c(b) of title 10, United States Code, as added by subsection 
(a). 
SEC. 1637. CONTINUATION OF TRANSITIONAL HEALTH BENEFITS FOR 
MEMBERS OF THE ARMED FORCES PENDING RESOLU-
TION OF SERVICE-RELATED MEDICAL CONDITIONS. 
Section 1145(a) of title 10, United States Code, is amended— 
(1) in paragraph (3), by striking ‘‘Transitional health care’’ 
and inserting ‘‘Except as provided in paragraph (6), transitional 
health care’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(6)(A) A member who has a medical condition relating to 
service on active duty that warrants further medical care that 
has been identified during the member’s 180-day transition period, 
which condition can be resolved within 180 days as determined 
by a Department of Defense physician, shall be entitled to receive 
medical and dental care for that medical condition, and that medical 
condition only, as if the member were a member of the armed 
forces on active duty for 180 days following the diagnosis of the 
condition. 
‘‘(B) The Secretary concerned shall ensure that the Defense 
Enrollment and Eligibility Reporting System (DEERS) is contin-
ually updated in order to reflect the continuing entitlement of 
members covered by subparagraph (A) to the medical and dental 
care referred to in that subparagraph.’’. 
Subtitle D—Disability Matters 
SEC. 1641. UTILIZATION OF VETERANS’ PRESUMPTION OF SOUND 
CONDITION IN ESTABLISHING ELIGIBILITY OF MEMBERS 
OF THE ARMED FORCES FOR RETIREMENT FOR DIS-
ABILITY. 
(a) RETIREMENT OF REGULARS AND MEMBERS ON ACTIVE DUTY 
FOR MORE THAN 30 DAYS.—Clause (i) of section 1201(b)(3)(B) of 
title 10, United States Code, is amended to read as follows: 
‘‘(i) the member has six months or more of active 
military service and the disability was not noted at 
the time of the member’s entrance on active duty 
(unless compelling evidence or medical judgment is 
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122 STAT. 465 
PUBLIC LAW 110–181—JAN. 28, 2008 
such to warrant a finding that the disability existed 
before the member’s entrance on active duty);’’. 
(b) SEPARATION OF REGULARS AND MEMBERS ON ACTIVE DUTY 
FOR MORE THAN 30 DAYS.—Section 1203(b)(4)(B) of such title is 
amended by striking ‘‘and the member has at least eight years 
of service computed under section 1208 of this title’’ and inserting 
‘‘, the member has six months or more of active military service, 
and the disability was not noted at the time of the member’s 
entrance on active duty (unless evidence or medical judgment is 
such to warrant a finding that the disability existed before the 
member’s entrance on active duty)’’. 
SEC. 1642. REQUIREMENTS AND LIMITATIONS ON DEPARTMENT OF 
DEFENSE 
DETERMINATIONS 
OF 
DISABILITY 
WITH 
RESPECT TO MEMBERS OF THE ARMED FORCES. 
(a) IN GENERAL.—Chapter 61 of title 10, United States Code, 
is amended by inserting after section 1216 the following new section: 
‘‘§ 1216a. Determinations of disability: requirements and 
limitations on determinations 
‘‘(a) UTILIZATION OF VA SCHEDULE FOR RATING DISABILITIES 
IN DETERMINATIONS OF DISABILITY.—(1) In making a determination 
of disability of a member of the armed forces for purposes of 
this chapter, the Secretary concerned— 
‘‘(A) shall, to the extent feasible, utilize the schedule for 
rating disabilities in use by the Department of Veterans Affairs, 
including any applicable interpretation of the schedule by the 
United States Court of Appeals for Veterans Claims; and 
‘‘(B) except as provided in paragraph (2), may not deviate 
from the schedule or any such interpretation of the schedule. 
‘‘(2) In making a determination described in paragraph (1), 
the Secretary concerned may utilize in lieu of the schedule described 
in that paragraph such criteria as the Secretary of Defense and 
the Secretary of Veterans Affairs may jointly prescribe for purposes 
of this subsection if the utilization of such criteria will result 
in a determination of a greater percentage of disability than would 
be otherwise determined through the utilization of the schedule. 
‘‘(b) CONSIDERATION OF ALL MEDICAL CONDITIONS.—In making 
a determination of the rating of disability of a member of the 
armed forces for purposes of this chapter, the Secretary concerned 
shall take into account all medical conditions, whether individually 
or collectively, that render the member unfit to perform the duties 
of the member’s office, grade, rank, or rating.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 61 of such title is amended by inserting after 
the item relating to section 1216 the following new item: 
‘‘1216a. Determinations of disability: requirements and limitations on determina-
tions.’’. 
SEC. 1643. REVIEW OF SEPARATION OF MEMBERS OF THE ARMED 
FORCES SEPARATED FROM SERVICE WITH A DISABILITY 
RATING OF 20 PERCENT DISABLED OR LESS. 
(a) BOARD REQUIRED.— 
(1) IN GENERAL.—Chapter 79 of title 10, United States 
Code, is amended by inserting after section 1554 the following 
new section: 
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122 STAT. 466 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘§ 1554a. Review of separation with disability rating of 20 
percent disabled or less 
‘‘(a) IN GENERAL.—(1) The Secretary of Defense shall establish 
within the Office of the Secretary of Defense a board of review 
to review the disability determinations of covered individuals by 
Physical Evaluation Boards. The board shall be known as the 
‘Physical Disability Board of Review’. 
‘‘(2) The Physical Disability Board of Review shall consist of 
not less than three members appointed by the Secretary. 
‘‘(b) COVERED INDIVIDUALS.—For purposes of this section, cov-
ered individuals are members and former members of the armed 
forces who, during the period beginning on September 11, 2001, 
and ending on December 31, 2009— 
‘‘(1) are separated from the armed forces due to unfitness 
for duty due to a medical condition with a disability rating 
of 20 percent disabled or less; and 
‘‘(2) are found to be not eligible for retirement. 
‘‘(c) REVIEW.—(1) Upon the request of a covered individual, 
or a surviving spouse, next of kin, or legal representative of a 
covered individual, the Physical Disability Board of Review shall 
review the findings and decisions of the Physical Evaluation Board 
with respect to such covered individual. Subject to paragraph (3), 
upon its own motion, the Physical Disability Board of Review may 
review the findings and decisions of the Physical Evaluation Board 
with respect to a covered individual. 
‘‘(2) The review by the Physical Disability Board of Review 
under paragraph (1) shall be based on the records of the armed 
force concerned and such other evidence as may be presented to 
the Physical Disability Board of Review. A witness may present 
evidence to the Board by affidavit or by any other means considered 
acceptable by the Secretary of Defense. 
‘‘(3) If the Physical Disability Board of Review proposes to 
review, upon its own motion, the findings and decisions of the 
Physical Evaluation Board with respect to a covered individual, 
the Physical Disability Board of Review shall notify the covered 
individual, or a surviving spouse, next of kin, or legal representative 
of the covered individual, of the proposed review and obtain the 
consent of the covered individual or a surviving spouse, next of 
kin, or legal representative of the covered individual before pro-
ceeding with the review. 
‘‘(4) With respect to any review by the Physical Disability 
Board of Review of the findings and decisions of the Physical 
Evaluation Board with respect to a covered individual, whether 
initiated at the request of the covered individual or a surviving 
spouse, next of kin, or legal representative of the covered individual 
or initiated by the Physical Disability Board of Review, the Physical 
Disability Board of Review shall notify the covered individual or 
a surviving spouse, next of kin, or legal representative of the covered 
individual that, as a result of the request or consent, the covered 
individual or a surviving spouse, next of kin, or legal representative 
of the covered individual may not seek relief from the Board for 
Correction of Military Records operated by the Secretary concerned. 
‘‘(d) AUTHORIZED RECOMMENDATIONS.—The Physical Disability 
Board of Review may, as a result of its findings under a review 
under subsection (c), recommend to the Secretary concerned the 
following (as applicable) with respect to a covered individual: 
Notification. 
Notification. 
Establishment. 
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122 STAT. 467 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(1) No recharacterization of the separation of such indi-
vidual or modification of the disability rating previously 
assigned such individual. 
‘‘(2) The recharacterization of the separation of such indi-
vidual to retirement for disability. 
‘‘(3) The modification of the disability rating previously 
assigned such individual by the Physical Evaluation Board 
concerned, which modified disability rating may not be a reduc-
tion of the disability rating previously assigned such individual 
by that Physical Evaluation Board. 
‘‘(4) The issuance of a new disability rating for such indi-
vidual. 
‘‘(e) CORRECTION OF MILITARY RECORDS.—(1) The Secretary con-
cerned may correct the military records of a covered individual 
in accordance with a recommendation made by the Physical Dis-
ability Board of Review under subsection (d). Any such correction 
may be made effective as of the effective date of the action taken 
on the report of the Physical Evaluation Board to which such 
recommendation relates. 
‘‘(2) In the case of a member previously separated pursuant 
to the findings and decision of a Physical Evaluation Board together 
with a lump-sum or other payment of back pay and allowances 
at separation, the amount of pay or other monetary benefits to 
which such member would be entitled based on the member’s mili-
tary record as corrected shall be reduced to take into account 
receipt of such lump-sum or other payment in such manner as 
the Secretary of Defense considers appropriate. 
‘‘(3) If the Physical Disability Board of Review makes a rec-
ommendation not to correct the military records of a covered indi-
vidual, the action taken on the report of the Physical Evaluation 
Board to which such recommendation relates shall be treated as 
final as of the date of such action. 
‘‘(f) REGULATIONS.—(1) This section shall be carried out in 
accordance with regulations prescribed by the Secretary of Defense. 
‘‘(2) The regulations under paragraph (1) shall specify reason-
able deadlines for the performance of reviews required by this 
section. 
‘‘(3) The regulations under paragraph (1) shall specify the effect 
of a determination or pending determination of a Physical Evalua-
tion Board on considerations by boards for correction of military 
records under section 1552 of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 79 of such title is amended by inserting 
after the item relating to section 1554 the following new item: 
‘‘1554a. Review of separation with disability rating of 20 percent disabled or less.’’. 
(b) IMPLEMENTATION.—The Secretary of Defense shall establish 
the board of review required by section 1554a of title 10, United 
States Code (as added by subsection (a)), and prescribe the regula-
tions required by such section, not later than 90 days after the 
date of the enactment of this Act. 
SEC. 1644. AUTHORIZATION OF PILOT PROGRAMS TO IMPROVE THE 
DISABILITY EVALUATION SYSTEM FOR MEMBERS OF THE 
ARMED FORCES. 
(a) PILOT PROGRAMS.— 
10 USC 1071 
note. 
Deadline. 
10 USC 1554a 
note. 
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122 STAT. 468 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) PROGRAMS
AUTHORIZED.—For the purposes set forth 
in subsection (c), the Secretary of Defense may establish and 
conduct pilot programs with respect to the system of the Depart-
ment of Defense for the evaluation of the disabilities of members 
of the Armed Forces who are being separated or retired from 
the Armed Forces for disability under chapter 61 of title 10, 
United States Code (in this section referred to as the ‘‘disability 
evaluation system’’). 
(2) TYPES OF PILOT PROGRAMS.—In carrying out this section, 
the Secretary of Defense may conduct one or more of the 
pilot programs described in paragraphs (1) through (3) of sub-
section (b) or such other pilot programs as the Secretary of 
Defense considers appropriate. 
(3) CONSULTATION.—In establishing and conducting any 
pilot program under this section, the Secretary of Defense shall 
consult with the Secretary of Veterans Affairs. 
(b) SCOPE OF PILOT PROGRAMS.— 
(1) DISABILITY
DETERMINATIONS
BY
DOD
UTILIZING
VA 
ASSIGNED DISABILITY RATING.—Under one of the pilot programs 
authorized by subsection (a), for purposes of making a deter-
mination of disability of a member of the Armed Forces under 
section 1201(b) of title 10, United States Code, for the retire-
ment, separation, or placement of the member on the temporary 
disability retired list under chapter 61 of such title, upon a 
determination by the Secretary of the military department con-
cerned that the member is unfit to perform the duties of the 
member’s office, grade, rank, or rating because of a physical 
disability as described in section 1201(a) of such title— 
(A) the Secretary of Veterans Affairs may— 
(i) conduct an evaluation of the member for phys-
ical disability; and 
(ii) assign the member a rating of disability in 
accordance with the schedule for rating disabilities 
utilized by the Secretary of Veterans Affairs based 
on all medical conditions (whether individually or 
collectively) that render the member unfit for duty; 
and 
(B) the Secretary of the military department concerned 
may make the determination of disability regarding the 
member utilizing the rating of disability assigned under 
subparagraph (A)(ii). 
(2) DISABILITY
DETERMINATIONS
UTILIZING
JOINT
DOD/VA 
ASSIGNED DISABILITY RATING.—Under one of the pilot programs 
authorized by subsection (a), in making a determination of 
disability of a member of the Armed Forces under section 
1201(b) of title 10, United States Code, for the retirement, 
separation, or placement of the member on the temporary dis-
ability retired list under chapter 61 of such title, the Secretary 
of the military department concerned may, upon determining 
that the member is unfit to perform the duties of the member’s 
office, grade, rank, or rating because of a physical disability 
as described in section 1201(a) of such title— 
(A) provide for the joint evaluation of the member 
for disability by the Secretary of the military department 
concerned and the Secretary of Veterans Affairs, including 
the assignment of a rating of disability for the member 
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122 STAT. 469 
PUBLIC LAW 110–181—JAN. 28, 2008 
in accordance with the schedule for rating disabilities uti-
lized by the Secretary of Veterans Affairs based on all 
medical conditions (whether individually or collectively) 
that render the member unfit for duty; and 
(B) make the determination of disability regarding the 
member utilizing the rating of disability assigned under 
subparagraph (A). 
(3) ELECTRONIC CLEARING HOUSE.—Under one of the pilot 
programs authorized by subsection (a), the Secretary of Defense 
may establish and operate a single Internet website for the 
disability evaluation system of the Department of Defense that 
enables participating members of the Armed Forces to fully 
utilize such system through the Internet, with such Internet 
website to include the following: 
(A) The availability of any forms required for the utili-
zation of the disability evaluation system by members of 
the Armed Forces under the system. 
(B) Secure mechanisms for the submission of such 
forms by members of the Armed Forces under the system, 
and for the tracking of the acceptance and review of any 
forms so submitted. 
(C) Secure mechanisms for advising members of the 
Armed Forces under the system of any additional informa-
tion, forms, or other items that are required for the accept-
ance and review of any forms so submitted. 
(D) The continuous availability of assistance to mem-
bers of the Armed Forces under the system (including 
assistance through the caseworkers assigned to such mem-
bers of the Armed Forces) in submitting and tracking such 
forms, including assistance in obtaining information, forms, 
or other items described by subparagraph (C). 
(E) Secure mechanisms to request and receive per-
sonnel files or other personnel records of members of the 
Armed Forces under the system that are required for 
submission 
under 
the 
disability 
evaluation 
system, 
including the capability to track requests for such files 
or records and to determine the status of such requests 
and of responses to such requests. 
(4) OTHER PILOT PROGRAMS.—The pilot programs author-
ized by subsection (a) may also provide for the development, 
evaluation, and identification of such practices and procedures 
under the disability evaluation system as the Secretary con-
siders appropriate for purposes set forth in subsection (c). 
(c) PURPOSES.—A pilot program established under subsection 
(a) may have one or more of the following purposes: 
(1) To provide for the development, evaluation, and identi-
fication of revised and improved practices and procedures under 
the disability evaluation system in order to— 
(A) reduce the processing time under the disability 
evaluation system of members of the Armed Forces who 
are likely to be retired or separated for disability, and 
who have not requested continuation on active duty, 
including, in particular, members who are severely 
wounded; 
(B) identify and implement or seek the modification 
of statutory or administrative policies and requirements 
applicable to the disability evaluation system that— 
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122 STAT. 470 
PUBLIC LAW 110–181—JAN. 28, 2008 
(i) are unnecessary or contrary to applicable best 
practices of civilian employers and civilian healthcare 
systems; or 
(ii) otherwise result in hardship, arbitrary, or 
inconsistent outcomes for members of the Armed 
Forces, or unwarranted inefficiencies and delays; 
(C) eliminate material variations in policies, interpreta-
tions, and overall performance standards among the mili-
tary departments under the disability evaluation system; 
and 
(D) determine whether it enhances the capability of 
the Department of Veterans Affairs to receive and deter-
mine claims from members of the Armed Forces for com-
pensation, pension, hospitalization, or other veterans bene-
fits. 
(2) In conjunction with the findings and recommendations 
of applicable Presidential and Department of Defense study 
groups, to provide for the eventual development of revised 
and improved practices and procedures for the disability evalua-
tion system in order to achieve the objectives set forth in 
paragraph (1). 
(d) UTILIZATION OF RESULTS IN UPDATES OF COMPREHENSIVE 
POLICY ON CARE, MANAGEMENT, AND TRANSITION OF RECOVERING 
SERVICE MEMBERS.—The Secretary of Defense and the Secretary 
of Veterans Affairs, acting jointly, may incorporate responses to 
any findings and recommendations arising under the pilot programs 
conducted under subsection (a) in updating the comprehensive 
policy on the care and management of covered service members 
under section 1611(a)(4). 
(e) CONSTRUCTION WITH OTHER AUTHORITIES.— 
(1) IN GENERAL.—Subject to paragraph (2), in carrying out 
a pilot program under subsection (a)— 
(A) the rules and regulations of the Department of 
Defense and the Department of Veterans Affairs relating 
to methods of determining fitness or unfitness for duty 
and disability ratings for members of the Armed Forces 
shall apply to the pilot program only to the extent provided 
in the report on the pilot program under subsection (g)(1); 
and 
(B) the Secretary of Defense and the Secretary of Vet-
erans Affairs may waive any provision of title 10, 37, 
or 38, United States Code, relating to methods of deter-
mining fitness or unfitness for duty and disability ratings 
for members of the Armed Forces if the Secretaries deter-
mine in writing that the application of such provision would 
be inconsistent with the purpose of the pilot program. 
(2) LIMITATION.—Nothing in paragraph (1) shall be con-
strued to authorize the waiver of any provision of section 1216a 
of title 10, United States Code, as added by section 1642 of 
this Act. 
(f) DURATION.—Each pilot program conducted under subsection 
(a) shall be completed not later than one year after the date of 
the commencement of such pilot program under that subsection. 
(g) REPORTS.— 
(1) INITIAL REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the appropriate committees of Congress a report 
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122 STAT. 471 
PUBLIC LAW 110–181—JAN. 28, 2008 
on each pilot program that has been commenced as of that 
date under subsection (a). The report shall include— 
(A) a description of the scope and objectives of the 
pilot program; 
(B) a description of the methodology to be used under 
the pilot program to ensure rapid identification under such 
pilot program of revised or improved practices under the 
disability evaluation system in order to achieve the objec-
tives set forth in subsection (c)(1); and 
(C) a statement of any provision described in subsection 
(e)(1)(B) that will not apply to the pilot program by reason 
of a waiver under that subsection. 
(2) INTERIM REPORT.—Not later than 180 days after the 
date of the submittal of the report required by paragraph 
(1) with respect to a pilot program, the Secretary shall submit 
to the appropriate committees of Congress a report describing 
the current status of the pilot program. 
(3) FINAL REPORT.—Not later than 90 days after the comple-
tion of all of the pilot programs conducted under subsection 
(a), the Secretary shall submit to the appropriate committees 
of Congress a report setting forth a final evaluation and assess-
ment of the pilot programs. The report shall include such 
recommendations for legislative or administrative action as the 
Secretary considers appropriate in light of such pilot programs. 
SEC. 1645. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO DEFI-
CIENCIES IN THE ARMY PHYSICAL DISABILITY EVALUA-
TION SYSTEM. 
(a) REPORTS REQUIRED.—Not later than June 1, 2008, and 
June 1, 2009, the Secretary of Defense shall submit to the congres-
sional defense committees a report on the implementation of correc-
tive measures by the Department of Defense with respect to the 
Physical Disability Evaluation System (PDES) in response to the 
following: 
(1) The report of the Inspector General of the Army on 
that system of March 6, 2007. 
(2) The report of the Independent Review Group on 
Rehabilitation Care and Administrative Processes at Walter 
Reed Army Medical Center and National Naval Medical Center. 
(3) The report of the Department of Veterans Affairs Task 
Force on Returning Global War on Terror Heroes. 
(b) ELEMENTS OF REPORT.—Each report under subsection (a) 
shall include current information on the following: 
(1) The total number of cases, and the number of cases 
involving combat disabled service members, pending resolution 
before the Medical and Physical Disability Evaluation Boards 
of the Army, including information on the number of members 
of the Army who have been in a medical hold or holdover 
status for more than each of 100, 200, and 300 days. 
(2) The status of the implementation of modifications to 
disability evaluation processes of the Department of Defense 
in response to the following: 
(A) The report of the Inspector General on such proc-
esses dated March 6, 2007. 
(B) The report of the Independent Review Group on 
Rehabilitation Care and Administrative Processes at 
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122 STAT. 472 
PUBLIC LAW 110–181—JAN. 28, 2008 
Walter Reed Army Medical Center and National Naval 
Medical Center. 
(C) The report of the Department of Veterans Affairs 
Task Force on Returning Global War on Terror Heroes. 
(c) POSTING
ON INTERNET.—Not later than 24 hours after 
submitting a report under subsection (a), the Secretary shall post 
such report on the Internet website of the Department of Defense 
that is available to the public. 
SEC. 1646. ENHANCEMENT OF DISABILITY SEVERANCE PAY FOR MEM-
BERS OF THE ARMED FORCES. 
(a) IN GENERAL.—Section 1212 of title 10, United States Code, 
is amended— 
(1) in subsection (a)(1), by striking ‘‘his years of service, 
but not more than 12, computed under section 1208 of this 
title’’ in the matter preceding subparagraph (A) and inserting 
‘‘the member’s years of service computed under section 1208 
of this title (subject to the minimum and maximum years 
of service provided for in subsection (c))’’; 
(2) by redesignating subsection (c) as subsection (d); and 
(3) by inserting after subsection (b) the following new sub-
section (c): 
‘‘(c)(1) The minimum years of service of a member for purposes 
of subsection (a)(1) shall be as follows: 
‘‘(A) Six years in the case of a member separated from 
the armed forces for a disability incurred in line of duty in 
a combat zone (as designated by the Secretary of Defense 
for purposes of this subsection) or incurred during the perform-
ance of duty in combat-related operations as designated by 
the Secretary of Defense. 
‘‘(B) Three years in the case of any other member. 
‘‘(2) The maximum years of service of a member for purposes 
of subsection (a)(1) shall be 19 years.’’. 
(b) NO DEDUCTION FROM COMPENSATION OF SEVERANCE PAY 
FOR DISABILITIES INCURRED IN COMBAT ZONES.—Subsection (d) of 
such section, as redesignated by subsection (a)(2) of this section, 
is further amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 
(2) by striking the second sentence; and 
(3) by adding at the end the following new paragraphs: 
‘‘(2) No deduction may be made under paragraph (1) in the 
case of disability severance pay received by a member for a disability 
incurred in line of duty in a combat zone or incurred during perform-
ance of duty in combat-related operations as designated by the 
Secretary of Defense. 
‘‘(3) No deduction may be made under paragraph (1) from 
any death compensation to which a member’s dependents become 
entitled after the member’s death.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the date of the enactment of this Act, and 
shall apply with respect to members of the Armed Forces separated 
from the Armed Forces under chapter 61 of title 10, United States 
Code, on or after that date. 
10 USC 1212 
note. 
Deadline. 
Report. 
Public 
information. 
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122 STAT. 473 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 1647. ASSESSMENTS OF CONTINUING UTILITY AND FUTURE ROLE 
OF TEMPORARY DISABILITY RETIRED LIST. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report containing— 
(1) a statistical history since January 1, 2000, of the num-
bers of members of the Armed Forces who are returned to 
duty or separated following a tenure on the temporary disability 
retired list and, in the case of members who were separated, 
how many of the members were granted disability separation 
or retirement and what were their disability ratings; 
(2) the results of the assessments required by subsection 
(b); and 
(3) such recommendations for the modification or improve-
ment of the temporary disability retired list as the Secretary 
considers appropriate in response to the assessments. 
(b) REQUIRED ASSESSMENTS.—The assessments required to be 
conducted as part of the report under subsection (a) are the fol-
lowing: 
(1) An assessment of the continuing utility of the temporary 
disability retired list in satisfying the purposes for which the 
temporary disability retired list was established. 
(2) An assessment of the need to require that the condition 
of a member be permanent and stable before the member 
is separated with less than a 30 percent disability rating prior 
to exceeding the maximum tenure allowed on the temporary 
disability retired list. 
(3) An assessment of the future role of the temporary 
disability retired list in the Disability Evaluation System of 
the Department of Defense and the changes in policy and 
law required to fulfill the future role of the temporary disability 
retire list. 
SEC. 1648. STANDARDS FOR MILITARY MEDICAL TREATMENT FACILI-
TIES, SPECIALTY MEDICAL CARE FACILITIES, AND MILI-
TARY QUARTERS HOUSING PATIENTS AND ANNUAL 
REPORT ON SUCH FACILITIES. 
(a) ESTABLISHMENT OF STANDARDS.—The Secretary of Defense 
shall establish for the military facilities of the Department of 
Defense and the military departments referred to in subsection 
(b) standards with respect to the matters set forth in subsection 
(c). To the maximum extent practicable, the standards shall— 
(1) be uniform and consistent for all such facilities; and 
(2) be uniform and consistent throughout the Department 
of Defense and the military departments. 
(b) COVERED MILITARY FACILITIES.—The military facilities cov-
ered by this section are the following: 
(1) Military medical treatment facilities. 
(2) Specialty medical care facilities. 
(3) Military quarters or leased housing for patients. 
(c) SCOPE
OF STANDARDS.—The standards required by sub-
section (a) shall include the following: 
(1) Generally accepted standards for the accreditation of 
medical facilities, or for facilities used to quarter individuals 
that may require medical supervision, as applicable, in the 
United States. 
10 USC 1071 
note. 
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122 STAT. 474 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) To the extent not inconsistent with the standards 
described in paragraph (1), minimally acceptable conditions 
for the following: 
(A) Appearance and maintenance of facilities generally, 
including the structure and roofs of facilities. 
(B) Size, appearance, and maintenance of rooms 
housing or utilized by patients, including furniture and 
amenities in such rooms. 
(C) Operation and maintenance of primary and back- 
up facility utility systems and other systems required for 
patient care, including electrical systems, plumbing sys-
tems, heating, ventilation, and air conditioning systems, 
communications systems, fire protection systems, energy 
management systems, and other systems required for 
patient care. 
(D) Compliance of facilities, rooms, and grounds, to 
the maximum extent practicable, with the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). 
(E) Such other matters relating to the appearance, 
size, operation, and maintenance of facilities and rooms 
as the Secretary considers appropriate. 
(d) COMPLIANCE WITH STANDARDS.— 
(1) DEADLINE.—In establishing standards under subsection 
(a), the Secretary shall specify a deadline for compliance with 
such standards by each facility referred to in subsection (b). 
The deadline shall be at the earliest date practicable after 
the date of the enactment of this Act, and shall, to the max-
imum extent practicable, be uniform across the facilities 
referred to in subsection (b). 
(2) INVESTMENT.—In carrying out this section, the Sec-
retary shall also establish guidelines for investment to be uti-
lized by the Department of Defense and the military depart-
ments in determining the allocation of financial resources to 
facilities referred to in subsection (b) in order to meet the 
deadline specified under paragraph (1). 
(e) REPORT ON DEVELOPMENT AND IMPLEMENTATION OF STAND-
ARDS.— 
(1) IN GENERAL.—Not later than March 1, 2008, the Sec-
retary shall submit to the congressional defense committees 
a report on the actions taken to carry out subsection (a). 
(2) ELEMENTS.—The report under paragraph (1) shall 
include the following: 
(A) The standards established under subsection (a). 
(B) An assessment of the appearance, condition, and 
maintenance of each facility referred to in subsection (b), 
including— 
(i) an assessment of the compliance of the facility 
with the standards established under subsection (a); 
and 
(ii) a description of any deficiency or noncompli-
ance in each facility with the standards. 
(C) A description of the investment to be allocated 
to address each deficiency or noncompliance identified 
under subparagraph (B)(ii). 
(f) ANNUAL REPORT.—Not later than the date on which the 
President submits the budget for a fiscal year to Congress pursuant 
to section 1105 of title 31, United States Code, the Secretary shall 
Guidelines. 
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122 STAT. 475 
PUBLIC LAW 110–181—JAN. 28, 2008 
submit to the Committees on Armed Services of the Senate and 
the House of Representatives a report on the adequacy, suitability, 
and quality of each facility referred to in subsection (b). The Sec-
retary shall include in each report information regarding— 
(1) any deficiencies in the adequacy, quality, or state of 
repair of medical-related support facilities raised as a result 
of information received during the period covered by the report 
through the toll-free hot line required by section 1616; and 
(2) the investigations conducted and plans of action pre-
pared under such section to respond to such deficiencies. 
SEC. 1649. REPORTS ON ARMY MEDICAL ACTION PLAN IN RESPONSE 
TO DEFICIENCIES IDENTIFIED AT WALTER REED ARMY 
MEDICAL CENTER, DISTRICT OF COLUMBIA. 
Not later than 30 days after the date of the enactment of 
this Act, and every 180 days thereafter until March 1, 2009, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the implementation of the Army Medical 
Action Plan to correct deficiencies identified in the condition of 
facilities and patient administration. 
SEC. 1650. REQUIRED CERTIFICATIONS IN CONNECTION WITH CLO-
SURE OF WALTER REED ARMY MEDICAL CENTER, DIS-
TRICT OF COLUMBIA. 
(a) CERTIFICATIONS.—In implementing the decision to close 
Walter Reed Army Medical Center, District of Columbia, required 
as a result of the 2005 round of defense base closure and realign-
ment under the Defense Base Closure and Realignment Act of 
1990 (part A of title XXIX of Public Law 101–510; U.S.C. 2687 
note), the Secretary of Defense shall submit to the congressional 
defense committees a certification of each of the following: 
(1) That a transition plan has been developed, and 
resources have been committed, to ensure that patient care 
services, medical operations, and facilities are sustained at 
the highest possible level at Walter Reed Army Medical Center 
until facilities to replace Walter Reed Army Medical Center 
are staffed and ready to assume at least the same level of 
care previously provided at Walter Reed Army Medical Center. 
(2) That the closure of Walter Reed Army Medical Center 
will not result in a net loss of capacity in the major medical 
centers in the National Capitol Region in terms of total bed 
capacity or staffed bed capacity. 
(3) That the capacity of medical hold and out-patient 
lodging facilities operating at Walter Reed Army Medical Center 
as of the date of the certification will be available in sufficient 
quantities at the facilities designated to replace Walter Reed 
Army Medical Center by the date of the closure of Walter 
Reed Army Medical Center. 
(b) TIME FOR SUBMITTAL.—The Secretary shall submit the cer-
tifications required by subsection (a) not later than 90 days after 
the date of the enactment of this Act. If the Secretary is unable 
to make one or more of the certifications by the end of the 90- 
day period, the Secretary shall notify the congressional defense 
committees of the delay and the reasons for the delay. 
Notification. 
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122 STAT. 476 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 1651. HANDBOOK FOR MEMBERS OF THE ARMED FORCES ON 
COMPENSATION 
AND 
BENEFITS 
AVAILABLE 
FOR 
SERIOUS INJURIES AND ILLNESSES. 
(a) INFORMATION
ON AVAILABLE COMPENSATION
AND BENE-
FITS.—Not later than October 1, 2008, the Secretary of Defense 
shall develop and maintain, in handbook and electronic form, a 
comprehensive description of the compensation and other benefits 
to which a member of the Armed Forces, and the family of such 
member, would be entitled upon the separation or retirement of 
the member from the Armed Forces as a result of a serious injury 
or illness. The handbook shall set forth the range of such compensa-
tion and benefits based on grade, length of service, degree of dis-
ability at separation or retirement, and such other factors affecting 
such compensation and benefits as the Secretary considers appro-
priate. 
(b) CONSULTATION.—The Secretary of Defense shall develop 
and maintain the comprehensive description required by subsection 
(a), including the handbook and electronic form of the description, 
in consultation with the Secretary of Veterans Affairs, the Secretary 
of Health and Human Services, and the Commissioner of Social 
Security. 
(c) UPDATE.—The Secretary of Defense shall update the com-
prehensive description required by subsection (a), including the 
handbook and electronic form of the description, on a periodic 
basis, but not less often than annually. 
(d) PROVISION
TO MEMBERS.—The Secretary of the military 
department concerned shall provide the descriptive handbook under 
subsection (a) to each member of the Armed Forces described in 
that subsection as soon as practicable following the injury or illness 
qualifying the member for coverage under such subsection. 
(e) PROVISION TO REPRESENTATIVES.—If a member is incapaci-
tated or otherwise unable to receive the descriptive handbook to 
be provided under subsection (a), the handbook shall be provided 
to the next of kin or a legal representative of the member, as 
determined in accordance with regulations prescribed by the Sec-
retary of the military department concerned for purposes of this 
section. 
Subtitle E—Studies and Reports 
SEC. 1661. STUDY ON PHYSICAL AND MENTAL HEALTH AND OTHER 
READJUSTMENT NEEDS OF MEMBERS AND FORMER 
MEMBERS OF THE ARMED FORCES WHO DEPLOYED IN 
OPERATION 
IRAQI 
FREEDOM 
AND 
OPERATION 
ENDURING FREEDOM AND THEIR FAMILIES. 
(a) STUDY REQUIRED.—The Secretary of Defense shall, in con-
sultation with the Secretary of Veterans Affairs, enter into an 
agreement with the National Academy of Sciences for a study 
on the physical and mental health and other readjustment needs 
of members and former members of the Armed Forces who deployed 
in Operation Iraqi Freedom or Operation Enduring Freedom and 
their families as a result of such deployment. 
(b) PHASES.—The study required under subsection (a) shall 
consist of two phases: 
(1) A preliminary phase, to be completed not later than 
one year after the date of the enactment of this Act— 
Contracts. 
Deadline. 
10 USC 1071 
note. 
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122 STAT. 477 
PUBLIC LAW 110–181—JAN. 28, 2008 
(A) to identify preliminary findings on the physical 
and mental health and other readjustment needs described 
in subsection (a) and on gaps in care for the members, 
former members, and families described in that subsection; 
and 
(B) to determine the parameters of the second phase 
of the study under paragraph (2). 
(2) A second phase, to be completed not later than three 
years after the date of the enactment of this Act, to carry 
out a comprehensive assessment, in accordance with the param-
eters identified under the preliminary report required by para-
graph (1), of the physical and mental health and other readjust-
ment needs of members and former members of the Armed 
Forces who deployed in Operation Iraqi Freedom or Operation 
Enduring Freedom and their families as a result of such deploy-
ment, including, at a minimum— 
(A) an assessment of the psychological, social, and 
economic impacts of such deployment on such members 
and former members and their families; 
(B) an assessment of the particular impacts of multiple 
deployments in Operation Iraqi Freedom or Operation 
Enduring Freedom on such members and former members 
and their families; 
(C) an assessment of the full scope of the neurological, 
psychiatric, and psychological effects of traumatic brain 
injury on members and former members of the Armed 
Forces, including the effects of such effects on the family 
members of such members and former members, and an 
assessment of the efficacy of current treatment approaches 
for traumatic brain injury in the United States and the 
efficacy of screenings and treatment approaches for trau-
matic brain injury within the Department of Defense and 
the Department of Veterans Affairs; 
(D) an assessment of the effects of undiagnosed injuries 
such as post-traumatic stress disorder and traumatic brain 
injury, an estimate of the long-term costs associated with 
such injuries, and an assessment of the efficacy of 
screenings and treatment approaches for post-traumatic 
stress disorder and other mental health conditions within 
the Department of Defense and Department of Veterans 
Affairs; 
(E) an assessment of the gender- and ethnic group- 
specific needs and concerns of members of the Armed 
Forces and veterans; 
(F) an assessment of the particular needs and concerns 
of children of members of the Armed Forces, taking into 
account differing age groups, impacts on development and 
education, and the mental and emotional well being of 
children; 
(G) an assessment of the particular educational and 
vocational needs of such members and former members 
and their families, and an assessment of the efficacy of 
existing educational and vocational programs to address 
such needs; 
(H) an assessment of the impacts on communities with 
high populations of military families, including military 
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122 STAT. 478 
PUBLIC LAW 110–181—JAN. 28, 2008 
housing communities and townships with deployed mem-
bers of the National Guard and Reserve, of deployments 
associated with Operation Iraqi Freedom and Operation 
Enduring Freedom, and an assessment of the efficacy of 
programs that address community outreach and education 
concerning military deployments of community residents; 
(I) an assessment of the impacts of increasing numbers 
of older and married members of the Armed Forces on 
readjustment requirements; 
(J) the development, based on such assessments, of 
recommendations for programs, treatments, or policy rem-
edies targeted at preventing, minimizing, or addressing 
the impacts, gaps, and needs identified; and 
(K) the development, based on such assessments, of 
recommendations for additional research on such needs. 
(c) POPULATIONS TO BE STUDIED.—The study required under 
subsection (a) shall consider the readjustment needs of each popu-
lation of individuals as follows: 
(1) Members of the regular components of the Armed Forces 
who are returning, or have returned, to the United States 
from deployment in Operation Iraqi Freedom or Operation 
Enduring Freedom. 
(2) Members of the National Guard and Reserve who are 
returning, or have returned, to the United States from deploy-
ment in Operation Iraqi Freedom or Operation Enduring 
Freedom. 
(3) Veterans of Operation Iraqi Freedom or Operation 
Enduring Freedom. 
(4) Family members of the members and veterans described 
in paragraphs (1) through (3). 
(d) ACCESS
TO
INFORMATION.—The National Academy of 
Sciences shall have access to such personnel, information, records, 
and systems of the Department of Defense and the Department 
of Veterans Affairs as the National Academy of Sciences requires 
in order to carry out the study required under subsection (a). 
(e) PRIVACY
OF
INFORMATION.—The National Academy of 
Sciences shall maintain any personally identifiable information 
accessed by the Academy in carrying out the study required under 
subsection (a) in accordance with all applicable laws, protections, 
and best practices regarding the privacy of such information, and 
may not permit access to such information by any persons or 
entities not engaged in work under the study. 
(f) REPORTS BY NATIONAL ACADEMY OF SCIENCES.—Upon the 
completion of each phase of the study required under subsection 
(a), the National Academy of Sciences shall submit to the Secretary 
of Defense, the Secretary of Veterans Affairs, and the congressional 
defense committees a report on such phase of the study. 
(g) DOD AND VA RESPONSE TO NAS REPORTS.—Not later than 
90 days after the receipt of a report under subsection (f) on each 
phase of the study required under subsection (a), the Secretary 
of Defense and the Secretary of Veterans Affairs shall develop 
a final joint Department of Defense-Department of Veterans Affairs 
response to the findings and recommendations of the National 
Academy of Sciences contained in such report. 
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122 STAT. 479 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 1662. ACCESS OF RECOVERING SERVICE MEMBERS TO ADEQUATE 
OUTPATIENT RESIDENTIAL FACILITIES. 
(a) REQUIRED INSPECTIONS OF FACILITIES.—All quarters of the 
United States and housing facilities under the jurisdiction of the 
Armed Forces that are occupied by recovering service members 
shall be inspected on a semiannual basis for the first two years 
after the enactment of this Act and annually thereafter by the 
inspectors general of the regional medical commands. 
(b) INSPECTOR GENERAL REPORTS.—The inspector general for 
each regional medical command shall— 
(1) submit a report on each inspection of a facility conducted 
under subsection (a) to the post commander at such facility, 
the commanding officer of the hospital affiliated with such 
facility, the surgeon general of the military department that 
operates such hospital, the Secretary of the military department 
concerned, the Assistant Secretary of Defense for Health 
Affairs, and the congressional defense committees; and 
(2) post each such report on the Internet website of such 
regional medical command. 
SEC. 1663. STUDY AND REPORT ON SUPPORT SERVICES FOR FAMILIES 
OF RECOVERING SERVICE MEMBERS. 
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 
a study of the provision of support services for families of recovering 
service members. 
(b) MATTERS COVERED.—The study under subsection (a) shall 
include the following: 
(1) A determination of the types of support services, 
including job placement services, that are currently provided 
by the Department of Defense to eligible family members, and 
the cost of providing such services. 
(2) A determination of additional types of support services 
that would be feasible for the Department to provide to such 
family members, and the costs of providing such services, 
including the following types of services: 
(A) The provision of medical care at military medical 
treatment facilities. 
(B) The provision of additional employment services, 
and the need for employment protection, of such family 
members who are placed on leave from employment or 
otherwise displaced from employment while caring for a 
recovering service member for more than 45 days during 
a one-year period. 
(C) The provision of meals without charge at military 
medical treatment facilities. 
(3) A survey of military medical treatment facilities to 
estimate the number of family members to whom the support 
services would be provided. 
(4) A determination of any discrimination in employment 
that such family members experience, including denial of reten-
tion in employment, promotion, or any benefit of employment 
by an employer on the basis of the person’s absence from 
employment, and a determination, in consultation with the 
Secretary of Labor, of the options available for such family 
members. 
(c) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Web site. 
10 USC 1071 
note. 
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122 STAT. 480 
PUBLIC LAW 110–181—JAN. 28, 2008 
the Committees on Armed Services of the Senate and the House 
of Representatives a report on the results of the study, with such 
findings and recommendations as the Secretary considers appro-
priate. 
SEC. 1664. REPORT ON TRAUMATIC BRAIN INJURY CLASSIFICATIONS. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Defense and the Secretary of Veterans 
Affairs jointly shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a report describing 
the changes undertaken within the Department of Defense and 
the Department of Veterans Affairs to ensure that traumatic brain 
injury victims receive a medical designation concomitant with their 
injury rather than a medical designation that assigns a generic 
classification (such as ‘‘organic psychiatric disorder’’). 
SEC. 1665. EVALUATION OF THE POLYTRAUMA LIAISON OFFICER/NON- 
COMMISSIONED OFFICER PROGRAM. 
(a) EVALUATION REQUIRED.—The Secretary of Defense shall 
conduct an evaluation of the Polytrauma Liaison Officer/Non- 
Commissioned Officer program, which is the program operated by 
each of the military departments and the Department of Veterans 
Affairs for the purpose of— 
(1) assisting in the seamless transition of members of the 
Armed Forces from the Department of Defense health care 
system to the Department of Veterans Affairs system; and 
(2) expediting the flow of information and communication 
between military treatment facilities and the Veterans Affairs 
Polytrauma Centers. 
(b) MATTERS COVERED.—The evaluation of the Polytrauma Liai-
son Officer/Non-Commissioned Officer program shall include an 
evaluation of the following: 
(1) The program’s effectiveness in the following areas: 
(A) Handling of military patient transfers. 
(B) Ability to access military records in a timely 
manner. 
(C) Collaboration with Polytrauma Center treatment 
teams. 
(D) Collaboration with veteran service organizations. 
(E) Functioning as the Polytrauma Center’s subject- 
matter expert on military issues. 
(F) Supporting and assisting family members. 
(G) Providing education, information, and referrals to 
members of the Armed Forces and their family members. 
(H) Functioning as uniformed advocates for members 
of the Armed Forces and their family members. 
(I) Inclusion in Polytrauma Center meetings. 
(J) Completion of required administrative reporting. 
(K) Ability to provide necessary administrative support 
to all members of the Armed Forces. 
(2) Manpower requirements to effectively carry out all 
required functions of the Polytrauma Liaison Officer/Non- 
Commissioned Officer program given current and expected case 
loads. 
(3) Expansion of the program to incorporate Navy and 
Marine Corps officers and senior enlisted personnel. 
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122 STAT. 481 
PUBLIC LAW 110–181—JAN. 28, 2008 
(c) REPORTING REQUIREMENT.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report containing— 
(1) the results of the evaluation; and 
(2) recommendations for any improvements in the program. 
Subtitle F—Other Matters 
SEC. 1671. PROHIBITION ON TRANSFER OF RESOURCES FROM MED-
ICAL CARE. 
Neither the Secretary of Defense nor the Secretaries of the 
military departments may transfer funds or personnel from medical 
care functions to administrative functions within the Department 
of Defense in order to comply with the new administrative require-
ments imposed by this title or the amendments made by this 
title. 
SEC. 1672. MEDICAL CARE FOR FAMILIES OF MEMBERS OF THE ARMED 
FORCES RECOVERING FROM SERIOUS INJURIES OR ILL-
NESSES. 
(a) MEDICAL CARE AT MILITARY MEDICAL FACILITIES.— 
(1) MEDICAL
CARE.—A family member of a recovering 
service member who is not otherwise eligible for medical care 
at a military medical treatment facility may be eligible for 
such care at such facilities, on a space-available basis, if the 
family member is— 
(A) on invitational orders while caring for the service 
member; 
(B) a non-medical attendee caring for the service 
member; or 
(C) receiving per diem payments from the Department 
of Defense while caring for the service member. 
(2) SPECIFICATION OF FAMILY MEMBERS.—The Secretary of 
Defense may prescribe in regulations the family members of 
recovering service members who shall be considered to be a 
family member of a service member for purposes of this sub-
section. 
(3) SPECIFICATION OF CARE.—The Secretary of Defense shall 
prescribe in regulations the medical care that may be available 
to family members under this subsection at military medical 
treatment facilities. 
(4) RECOVERY OF COSTS.—The United States may recover 
the costs of the provision of medical care under this subsection 
as follows (as applicable): 
(A) From third-party payers, in the same manner as 
the United States may collect costs of the charges of health 
care provided to covered beneficiaries from third-party 
payers under section 1095 of title 10, United States Code. 
(B) As if such care was provided under the authority 
of section 1784 of title 38, United States Code. 
(b) MEDICAL CARE AT DEPARTMENT OF VETERANS AFFAIRS MED-
ICAL FACILITIES.— 
(1) MEDICAL
CARE.—When a recovering service member 
is receiving hospital care and medical services at a medical 
facility of the Department of Veterans Affairs, the Secretary 
of Veterans Affairs may provide medical care for eligible family 
Regulations. 
10 USC 1071 
note. 
10 USC 1071 
note. 
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122 STAT. 482 
PUBLIC LAW 110–181—JAN. 28, 2008 
members under this section when that care is readily available 
at that Department facility and on a space-available basis. 
(2) REGULATIONS.—The Secretary of Veterans Affairs shall 
prescribe in regulations the medical care that may be available 
to family members under this subsection at medical facilities 
of the Department of Veterans Affairs. 
SEC. 1673. IMPROVEMENT OF MEDICAL TRACKING SYSTEM FOR MEM-
BERS OF THE ARMED FORCES DEPLOYED OVERSEAS. 
(a) PROTOCOL FOR ASSESSMENT OF COGNITIVE FUNCTIONING.— 
(1) PROTOCOL REQUIRED.—Subsection (b) of section 1074f 
of title 10, United States Code, is amended— 
(A) in paragraph (2), by adding at the end the following 
new subparagraph: 
‘‘(C) An assessment of post-traumatic stress disorder.’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(3)(A) The Secretary shall establish for purposes of subpara-
graphs (B) and (C) of paragraph (2) a protocol for the predeployment 
assessment and documentation of the cognitive (including memory) 
functioning of a member who is deployed outside the United States 
in order to facilitate the assessment of the postdeployment cognitive 
(including memory) functioning of the member. 
‘‘(B) The protocol under subparagraph (A) shall include appro-
priate mechanisms to permit the differential diagnosis of traumatic 
brain injury in members returning from deployment in a combat 
zone.’’. 
(2) PILOT
PROJECTS.—(A) In developing the protocol 
required by paragraph (3) of section 1074f(b) of title 10, United 
States Code (as amended by paragraph (1) of this subsection), 
for purposes of assessments for traumatic brain injury, the 
Secretary of Defense shall conduct up to three pilot projects 
to evaluate various mechanisms for use in the protocol for 
such purposes. One of the mechanisms to be so evaluated 
shall be a computer-based assessment tool which shall, at a 
minimum, include the following: 
(i) Administration of computer-based neurocognitive 
assessment. 
(ii) 
Pre-deployment 
assessments 
to 
establish 
a 
neurocognitive baseline for members of the Armed Forces 
for future treatment. 
(B) Not later than 60 days after the completion of the 
pilot projects conducted under this paragraph, the Secretary 
shall submit to the appropriate committees of Congress a report 
on the pilot projects. The report shall include— 
(i) a description of the pilot projects so conducted; 
(ii) an assessment of the results of each such pilot 
project; and 
(iii) a description of any mechanisms evaluated under 
each such pilot project that will be incorporated into the 
protocol. 
(C) Not later than 180 days after completion of the pilot 
projects conducted under this paragraph, the Secretary shall 
establish a means for implementing any mechanism evaluated 
under such a pilot project that is selected for incorporation 
in the protocol. 
Deadline. 
Deadline. 
Reports. 
10 USC 1074f 
note. 
Protocols. 
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122 STAT. 483 
PUBLIC LAW 110–181—JAN. 28, 2008 
(b) QUALITY ASSURANCE.—Subsection (d)(2) of section 1074f 
of title 10, United States Code, is amended by adding at the end 
the following new subparagraph: 
‘‘(F) The diagnosis and treatment of traumatic brain injury 
and post-traumatic stress disorder.’’. 
(c) STANDARDS FOR DEPLOYMENT.—Subsection (f) of such section 
is amended— 
(1) in the subsection heading, by striking ‘‘MENTAL 
HEALTH’’; and 
(2) in paragraph (2)(B), by striking ‘‘or’’ and inserting ‘‘, 
traumatic brain injury, or’’. 
SEC. 1674. GUARANTEED FUNDING FOR WALTER REED ARMY MEDICAL 
CENTER, DISTRICT OF COLUMBIA. 
(a) MINIMUM FUNDING.—The amount of funds available for 
the commander of Walter Reed Army Medical Center, District of 
Columbia, for a fiscal year shall be not less than the amount 
expended by the commander of Walter Reed Army Medical Center 
in fiscal year 2006 until the first fiscal year beginning after the 
date on which the Secretary of Defense submits to the congressional 
defense committees a plan for the provision of health care for 
military beneficiaries and their dependents in the National Capital 
Region. 
(b) MATTERS COVERED.—The plan under subsection (a) shall 
at a minimum include— 
(1) the manner in which patients, staff, bed capacity, and 
functions will move from the Walter Reed Army Medical Center 
to expanded facilities; 
(2) a timeline, including milestones, for such moves; 
(3) projected budgets, including planned budget transfers, 
for military treatment facilities within the region; 
(4) the management or disposition of real property of mili-
tary treatment facilities within the region; and 
(5) staffing projections for the region. 
(c) CERTIFICATION.—After submission of the plan under sub-
section (a) to the congressional defense committees, the Secretary 
shall certify to such committees on a quarterly basis that patients, 
staff, bed capacity, functions, or parts of functions at Walter Reed 
Army Medical Center have not been moved or disestablished until 
the expanded facilities at the National Naval Medical Center, 
Bethesda, Maryland, and DeWitt Army Community Hospital, Fort 
Belvoir, Virginia, are completed, equipped, and staffed with suffi-
cient capacity to accept and provide, at a minimum, the same 
level of and access to care as patients received at Walter Reed 
Army Medical Center during fiscal year 2006. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘expanded facilities’’ means the other two 
military hospitals/medical centers within the National Capital 
Region, namely— 
(A) the National Naval Medical Center, Bethesda, 
Maryland (or its successor resulting from implementation 
of the recommendations of the 2005 Defense Base Closure 
and Realignment Commission); and 
(B) the DeWitt Army Community Hospital, Fort 
Belvoir, Virginia. 
Plan. 
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122 STAT. 484 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) The term ‘‘National Capital Region’’ has the meaning 
given that term in section 2674(f) of title 10, United States 
Code. 
SEC. 1675. USE OF LEAVE TRANSFER PROGRAM BY WOUNDED VET-
ERANS WHO ARE FEDERAL EMPLOYEES. 
(a) IN GENERAL.—Section 6333(b) of title 5, United States Code, 
is amended— 
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2)(A) The requirement under paragraph (1) relating to exhaus-
tion of annual and sick leave shall not apply in the case of a 
leave recipient who— 
‘‘(i) sustains a combat-related disability while a member 
of the armed forces, including a reserve component of the 
armed forces; and 
‘‘(ii) is undergoing medical treatment for that disability. 
‘‘(B) Subparagraph (A) shall apply to a member described in 
such subparagraph only so long as the member continues to undergo 
medical treatment for the disability, but in no event for longer 
than 5 years from the start of such treatment. 
‘‘(C) For purposes of this paragraph— 
‘‘(i) the term ‘combat-related disability’ has the meaning 
given such term by section 1413a(e) of title 10; and 
‘‘(ii) the term ‘medical treatment’ has such meaning as 
the Office of Personnel Management shall by regulation pre-
scribe.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on the date of the enactment of this Act, except 
that, in the case of a leave recipient who is undergoing medical 
treatment on such date of enactment, section 6333(b)(2)(B) of title 
5, United States Code (as amended by this section) shall be applied 
as if it had been amended by inserting ‘‘or the date of the enactment 
of this subsection, whichever is later’’ after ‘‘the start of such 
treatment’’. 
SEC. 1676. MORATORIUM ON CONVERSION TO CONTRACTOR PERFORM-
ANCE OF DEPARTMENT OF DEFENSE FUNCTIONS AT 
MILITARY MEDICAL FACILITIES. 
(a) MORATORIUM.—No study or competition may be begun or 
announced pursuant to section 2461 of title 10, United States 
Code, or otherwise pursuant to Office of Management and Budget 
circular A-76, relating to the possible conversion to performance 
by a contractor of any Department of Defense function carried 
out at a military medical facility until the Secretary of Defense— 
(1) submits the certification required by subsection (b) to 
the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives 
together with a description of the steps taken by the Secretary 
in accordance with the certification; and 
(2) submits the report required by subsection (c). 
(b) CERTIFICATION.—The certification referred to in paragraph 
(a)(1) is a certification that the Secretary has taken appropriate 
steps to ensure that neither the quality of military medical care 
nor the availability of qualified personnel to carry out Department 
of Defense functions related to military medical care will be 
adversely affected by either— 
Reports. 
Certification. 
10 USC 1071 
note. 
Applicability. 
5 USC 6333 note. 
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122 STAT. 485 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) the process of considering a Department of Defense 
function carried out at a military medical facility for possible 
conversion to performance by a contractor; or 
(2) the conversion of such a function to performance by 
a contractor. 
(c) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report 
on the public-private competitions being conducted for Department 
of Defense functions carried out at military medical facilities as 
of the date of the enactment of this Act by each military department 
and defense agency. Such report shall include— 
(1) for each such competition— 
(A) the cost of conducting the public-private competi-
tion; 
(B) the number of military personnel and civilian 
employees of the Department of Defense affected; 
(C) the estimated savings identified and the savings 
actually achieved; 
(D) an evaluation whether the anticipated and budg-
eted savings can be achieved through a public-private com-
petition; and 
(E) the effect of converting the performance of the 
function to performance by a contractor on the quality 
of the performance of the function; and 
(2) an assessment of whether any method of business 
reform or reengineering other than a public-private competition 
could, if implemented in the future, achieve any anticipated 
or budgeted savings. 
TITLE XVII—VETERANS MATTERS 
Sec. 1701. Sense of Congress on Department of Veterans Affairs efforts in the reha-
bilitation and reintegration of veterans with traumatic brain injury. 
Sec. 1702. Individual rehabilitation and community reintegration plans for vet-
erans and others with traumatic brain injury. 
Sec. 1703. Use of non-Department of Veterans Affairs facilities for implementation 
of rehabilitation and community reintegration plans for traumatic brain 
injury. 
Sec. 1704. Research, education, and clinical care program on traumatic brain in-
jury. 
Sec. 1705. Pilot program on assisted living services for veterans with traumatic 
brain injury. 
Sec. 1706. Provision of age-appropriate nursing home care. 
Sec. 1707. Extension of period of eligibility for health care for veterans of combat 
service during certain periods of hostilities and war. 
Sec. 1708. Service-connection and assessments for mental health conditions in vet-
erans. 
Sec. 1709. Modification of requirements for furnishing outpatient dental services to 
veterans with service-connected dental conditions or disabilities. 
Sec. 1710. Clarification of purpose of outreach services program of Department of 
Veterans Affairs. 
Sec. 1711. Designation of fiduciary or trustee for purposes of Traumatic 
Servicemembers’ Group Life Insurance. 
SEC. 1701. SENSE OF CONGRESS ON DEPARTMENT OF VETERANS 
AFFAIRS EFFORTS IN THE REHABILITATION AND RE-
INTEGRATION OF VETERANS WITH TRAUMATIC BRAIN 
INJURY. 
It is the sense of Congress that— 
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122 STAT. 486 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) the Department of Veterans Affairs is a leader in the 
field of traumatic brain injury care and coordination of such 
care; 
(2) the Department of Veterans Affairs should have the 
capacity and expertise to provide veterans who have a trau-
matic brain injury with patient-centered health care, rehabilita-
tion, and community integration services that are comparable 
to or exceed similar care and services available to persons 
with such injuries in the academic and private sector; 
(3) rehabilitation for veterans who have a traumatic brain 
injury should be individualized, comprehensive, and inter-
disciplinary with the goals of optimizing the independence of 
such veterans and reintegrating them into their communities; 
(4) family support is integral to the rehabilitation and 
community reintegration of veterans who have sustained a 
traumatic brain injury, and the Department should provide 
the families of such veterans with education and support; 
(5) the Department of Defense and the Department of 
Veterans Affairs have made efforts to provide a smooth transi-
tion of medical care and rehabilitative services to individuals 
as they transition from the health care system of the Depart-
ment of Defense to that of the Department of Veterans Affairs, 
but more can be done to assist veterans and their families 
in the continuum of the rehabilitation, recovery, and reintegra-
tion of wounded or injured veterans into their communities; 
(6) in planning for rehabilitation and community reintegra-
tion of veterans who have a traumatic brain injury, it is nec-
essary for the Department of Veterans Affairs to provide a 
system for life-long case management for such veterans; and 
(7) in such system for life-long case management, it is 
necessary to conduct outreach and to tailor specialized trau-
matic brain injury case management and outreach to the unique 
needs of veterans with traumatic brain injury who reside in 
urban and non-urban settings. 
SEC. 1702. INDIVIDUAL REHABILITATION AND COMMUNITY RE-
INTEGRATION PLANS FOR VETERANS AND OTHERS WITH 
TRAUMATIC BRAIN INJURY. 
(a) IN GENERAL.—Subchapter II of chapter 17 of title 38, United 
States Code, is amended by inserting after section 1710B the fol-
lowing new sections: 
‘‘§ 1710C. Traumatic brain injury: plans for rehabilitation 
and reintegration into the community 
‘‘(a) PLAN REQUIRED.—The Secretary shall, for each individual 
who is a veteran or member of the Armed Forces who receives 
inpatient or outpatient rehabilitative hospital care or medical serv-
ices provided by the Department for a traumatic brain injury— 
‘‘(1) develop an individualized plan for the rehabilitation 
and reintegration of the individual into the community; and 
‘‘(2) provide such plan in writing to the individual— 
‘‘(A) in the case of an individual receiving inpatient 
care, before the individual is discharged from inpatient 
care or after the individual’s transition from serving on 
active duty as a member of the Armed Forces to receiving 
outpatient care provided by the Department; or 
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122 STAT. 487 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(B) as soon as practicable following a diagnosis of 
traumatic brain injury by a Department health care pro-
vider. 
‘‘(b) CONTENTS OF PLAN.—Each plan developed under subsection 
(a) shall include, for the individual covered by such plan, the fol-
lowing: 
‘‘(1) Rehabilitation objectives for improving the physical, 
cognitive, and vocational functioning of the individual with 
the goal of maximizing the independence and reintegration 
of such individual into the community. 
‘‘(2) Access, as warranted, to all appropriate rehabilitative 
components of the traumatic brain injury continuum of care, 
and where appropriate, to long-term care services. 
‘‘(3) A description of specific rehabilitative treatments and 
other services to achieve the objectives described in paragraph 
(1), which shall set forth the type, frequency, duration, and 
location of such treatments and services. 
‘‘(4) The name of the case manager designated in accord-
ance with subsection (d) to be responsible for the implementa-
tion of such plan. 
‘‘(5) Dates on which the effectiveness of such plan will 
be reviewed in accordance with subsection (f). 
‘‘(c) COMPREHENSIVE ASSESSMENT.—(1) Each plan developed 
under subsection (a) shall be based on a comprehensive assessment, 
developed in accordance with paragraph (2), of— 
‘‘(A) the physical, cognitive, vocational, and neuropsycholog-
ical and social impairments of the individual; and 
‘‘(B) the family education and family support needs of the 
individual after the individual is discharged from inpatient 
care or at the commencement of and during the receipt of 
outpatient care and services. 
‘‘(2) The comprehensive assessment required under paragraph 
(1) with respect to an individual is a comprehensive assessment 
of the matters set forth in that paragraph by a team, composed 
by the Secretary for purposes of the assessment, of individuals 
with expertise in traumatic brain injury, including any of the fol-
lowing: 
‘‘(A) A neurologist. 
‘‘(B) A rehabilitation physician. 
‘‘(C) A social worker. 
‘‘(D) A neuropsychologist. 
‘‘(E) A physical therapist. 
‘‘(F) A vocational rehabilitation specialist. 
‘‘(G) An occupational therapist. 
‘‘(H) A speech language pathologist. 
‘‘(I) A rehabilitation nurse. 
‘‘(J) An educational therapist. 
‘‘(K) An audiologist. 
‘‘(L) A blind rehabilitation specialist. 
‘‘(M) A recreational therapist. 
‘‘(N) A low vision optometrist. 
‘‘(O) An orthotist or prosthetist. 
‘‘(P) An assistive technologist or rehabilitation engineer. 
‘‘(Q) An otolaryngology physician. 
‘‘(R) A dietician. 
‘‘(S) An opthamologist. 
‘‘(T) A psychiatrist. 
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122 STAT. 488 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(d) CASE MANAGER.—(1) The Secretary shall designate a case 
manager for each individual described in subsection (a) to be respon-
sible for the implementation of the plan developed for that indi-
vidual under that subsection and the coordination of the individual’s 
medical care. 
‘‘(2) The Secretary shall ensure that each case manager has 
specific expertise in the care required by the individual for whom 
the case manager is designated, regardless of whether the case 
manager obtains such expertise through experience, education, or 
training. 
‘‘(e) PARTICIPATION AND COLLABORATION IN DEVELOPMENT OF 
PLANS.—(1) The Secretary shall involve each individual described 
in subsection (a), and the family or legal guardian of such indi-
vidual, in the development of the plan for such individual under 
that subsection to the maximum extent practicable. 
‘‘(2) The Secretary shall collaborate in the development of a 
plan for an individual under subsection (a) with a State protection 
and advocacy system if— 
‘‘(A) the individual covered by the plan requests such 
collaboration; or 
‘‘(B) in the case of such an individual who is incapacitated, 
the family or guardian of the individual requests such collabora-
tion. 
‘‘(3) In the case of a plan required by subsection (a) for a 
member of the Armed Forces who is serving on active duty, the 
Secretary shall collaborate with the Secretary of Defense in the 
development of such plan. 
‘‘(4) In developing vocational rehabilitation objectives required 
under subsection (b)(1) and in conducting the assessment required 
under subsection (c), the Secretary shall act through the Under 
Secretary for Health in coordination with the Vocational Rehabilita-
tion and Employment Service of the Department of Veterans Affairs. 
‘‘(f) EVALUATION.— 
‘‘(1) PERIODIC REVIEW BY SECRETARY.—The Secretary shall 
periodically review the effectiveness of each plan developed 
under subsection (a). The Secretary shall refine each such plan 
as the Secretary considers appropriate in light of such review. 
‘‘(2) REQUEST FOR REVIEW BY VETERANS.—In addition to 
the periodic review required by paragraph (1), the Secretary 
shall conduct a review of the plan for an individual under 
paragraph (1) at the request of the individual, or in the case 
of an individual who is incapacitated, at the request of the 
guardian or designee of the individual. 
‘‘(g) STATE DESIGNATED PROTECTION AND ADVOCACY SYSTEM 
DEFINED.—In this section, the term ‘State protection and advocacy 
system’ means a system established in a State under subtitle C 
of the Developmental Disabilities Assistance and Bill of Rights 
Act of 2000 (42 U.S.C. 15041 et seq.) to protect and advocate 
for the rights of persons with development disabilities. 
‘‘§ 1710D. Traumatic brain injury: comprehensive program 
for long-term rehabilitation 
‘‘(a) COMPREHENSIVE PROGRAM.—In developing plans for the 
rehabilitation and reintegration of individuals with traumatic brain 
injury under section 1710C of this title, the Secretary shall develop 
and carry out a comprehensive program of long-term care for post- 
acute traumatic brain injury rehabilitation that includes residential, 
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122 STAT. 489 
PUBLIC LAW 110–181—JAN. 28, 2008 
community, and home-based components utilizing interdisciplinary 
treatment teams. 
‘‘(b) LOCATION OF PROGRAM.—The Secretary shall carry out 
the program developed under subsection (a) in each Department 
polytrauma rehabilitation center designated by the Secretary. 
‘‘(c) ELIGIBILITY.—A veteran is eligible for care under the pro-
gram developed under subsection (a) if the veteran is otherwise 
eligible to receive hospital care and medical services under section 
1710 of this title and— 
‘‘(1) served on active duty in a theater of combat operations 
(as determined by the Secretary in consultation with the Sec-
retary of Defense) during a period of war after the Persian 
Gulf War, or in combat against a hostile force during a period 
of hostilities (as defined in section 1712A(a)(2)(B) of this title) 
after November 11, 1998; 
‘‘(2) is diagnosed as suffering from moderate to severe 
traumatic brain injury; and 
‘‘(3) is unable to manage routine activities of daily living 
without supervision or assistance, as determined by the Sec-
retary. 
‘‘(d) REPORT.—Not later than one year after the date of the 
enactment of this section, and annually thereafter, the Secretary 
shall submit to the Committees on Veterans’ Affairs of the Senate 
and the House of Representatives a report containing the following 
information: 
‘‘(1) A description of the operation of the program. 
‘‘(2) The number of veterans provided care under the pro-
gram during the year preceding such report. 
‘‘(3) The cost of operating the program during the year 
preceding such report.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 1710B the following new items: 
‘‘1710C. Traumatic brain injury: plans for rehabilitation and reintegration into the 
community. 
‘‘1710D. Traumatic brain injury: comprehensive plan for long-term rehabilitation.’’. 
SEC. 1703. USE OF NON-DEPARTMENT OF VETERANS AFFAIRS FACILI-
TIES FOR IMPLEMENTATION OF REHABILITATION AND 
COMMUNITY REINTEGRATION PLANS FOR TRAUMATIC 
BRAIN INJURY. 
(a) IN GENERAL.—Subchapter II of chapter 17 of title 38, United 
States Code, is amended by inserting after section 1710D, as added 
by section 1702, the following new section: 
‘‘§ 1710E. Traumatic brain injury: use of non-Department 
facilities for rehabilitation 
‘‘(a) COOPERATIVE
AGREEMENTS.—The Secretary, in imple-
menting and carrying out a plan developed under section 1710C 
of this title, may provide hospital care and medical services through 
cooperative agreements with appropriate public or private entities 
that have established long-term neurobehavioral rehabilitation and 
recovery programs. 
‘‘(b) AUTHORITIES OF STATE PROTECTION AND ADVOCACY SYS-
TEMS.—Nothing in subtitle C of the Developmental Disabilities 
Assistance and Bill of Rights Act of 2000 shall be construed as 
preventing a State protection and advocacy system (as defined 
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122 STAT. 490 
PUBLIC LAW 110–181—JAN. 28, 2008 
in section 1710C(g) of this title) from exercising the authorities 
described in such subtitle with respect to individuals provided 
rehabilitative treatment or services under section 1710C of this 
title in a non-Department facility.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 1710D, as added by section 1702, the following new 
item: 
‘‘1710E. Traumatic brain injury: use of non-Departmental facilities for rehabilita-
tion.’’. 
SEC. 1704. RESEARCH, EDUCATION, AND CLINICAL CARE PROGRAM 
ON TRAUMATIC BRAIN INJURY. 
(a) IN GENERAL.—To improve the provision of health care by 
the Department of Veterans Affairs to veterans with traumatic 
brain injuries, the Secretary of Veterans Affairs shall— 
(1) conduct research, including— 
(A) research on the sequelae of mild to severe forms 
of traumatic brain injury; 
(B) research on visually-related neurological conditions; 
(C) research on seizure disorders; 
(D) research on means of improving the diagnosis, 
rehabilitative treatment, and prevention of such sequelae; 
(E) research to determine the most effective cognitive 
and physical therapies for such sequelae; 
(F) research on dual diagnosis of post-traumatic stress 
disorder and traumatic brain injury; 
(G) research on improving facilities of the Department 
concentrating on traumatic brain injury care; and 
(H) research on improving the delivery of traumatic 
brain injury care by the Department; 
(2) educate and train health care personnel of the Depart-
ment in recognizing and treating traumatic brain injury; and 
(3) develop improved models and systems for the furnishing 
of traumatic brain injury care by the Department. 
(b) COLLABORATION.—In carrying out research under subsection 
(a), the Secretary of Veterans Affairs shall collaborate with— 
(1) facilities that conduct research on rehabilitation for 
individuals with traumatic brain injury; 
(2) facilities that receive grants for such research from 
the National Institute on Disability and Rehabilitation 
Research of the Department of Education; and 
(3) the Defense and Veterans Brain Injury Center of the 
Department of Defense and other relevant programs of the 
Federal Government (including Centers of Excellence). 
(c) DISSEMINATION OF USEFUL INFORMATION.—The Under Sec-
retary of Veterans Affairs for Health shall ensure that information 
produced by the research, education and training, and clinical activi-
ties conducted under this section that may be useful for other 
activities of the Veterans Health Administration is disseminated 
throughout the Veterans Health Administration. 
(d) TRAUMATIC BRAIN INJURY REGISTRY.— 
(1) IN GENERAL.—The Secretary of Veterans Affairs shall 
establish and maintain a registry to be known as the ‘‘Trau-
matic Brain Injury Veterans Health Registry’’ (in this section 
referred to as the ‘‘Registry’’). 
Establishment. 
38 USC 1710C 
note. 
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122 STAT. 491 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) DESCRIPTION.—The Registry shall include the following 
information: 
(A) A list containing the name of each individual who 
served as a member of the Armed Forces in Operation 
Enduring Freedom or Operation Iraqi Freedom who 
exhibits symptoms associated with traumatic brain injury, 
as determined by the Secretary of Veterans Affairs, and 
who— 
(i) applies for care and services furnished by the 
Department of Veterans Affairs under chapter 17 of 
title 38, United States Code; or 
(ii) files a claim for compensation under chapter 
11 of such title on the basis of any disability which 
may be associated with such service. 
(B) Any relevant medical data relating to the health 
status of an individual described in subparagraph (A) and 
any other information the Secretary considers relevant and 
appropriate with respect to such an individual if the indi-
vidual— 
(i) grants permission to the Secretary to include 
such information in the Registry; or 
(ii) is deceased at the time such individual is listed 
in the Registry. 
(3) NOTIFICATION.—When possible, the Secretary shall 
notify each individual listed in the Registry of significant 
developments in research on the health consequences of mili-
tary service in the Operation Enduring Freedom and Operation 
Iraqi Freedom theaters of operations. 
SEC. 1705. PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR VET-
ERANS WITH TRAUMATIC BRAIN INJURY. 
(a) PILOT PROGRAM.—Beginning not later than 90 days after 
the date of the enactment of this Act, the Secretary of Veterans 
Affairs, in collaboration with the Defense and Veterans Brain Injury 
Center of the Department of Defense, shall carry out a five-year 
pilot program to assess the effectiveness of providing assisted living 
services to eligible veterans to enhance the rehabilitation, quality 
of life, and community integration of such veterans. 
(b) PROGRAM LOCATIONS.— 
(1) IN GENERAL.—The pilot program shall be carried out 
at locations selected by the Secretary for purposes of the pilot 
program. Of the locations so selected— 
(A) at least one location shall be in each health care 
region of the Veterans Health Administration of the 
Department of Veterans Affairs that contains a polytrauma 
center of the Department of Veterans Affairs; and 
(B) any location other than a location described in 
subparagraph (A) shall be in an area that contains a high 
concentration of veterans with traumatic brain injuries, 
as determined by the Secretary. 
(2) SPECIAL
CONSIDERATION
FOR
VETERANS
IN
RURAL 
AREAS.—The Secretary shall give special consideration to pro-
viding veterans in rural areas with an opportunity to partici-
pate in the pilot program. 
(c) PROVISION OF ASSISTED LIVING SERVICES.— 
(1) AGREEMENTS.—In carrying out the pilot program, the 
Secretary may enter into agreements for the provision of 
Deadline. 
38 USC 1710C 
note. 
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122 STAT. 492 
PUBLIC LAW 110–181—JAN. 28, 2008 
assisted living services on behalf of eligible veterans with a 
provider participating under a State plan or waiver under 
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). 
(2) STANDARDS.—The Secretary may not place, transfer, 
or admit a veteran to any facility for assisted living services 
under the pilot program unless the Secretary determines that 
the facility meets such standards as the Secretary may pre-
scribe for purposes of the pilot program. Such standards shall, 
to the extent practicable, be consistent with the standards 
of Federal, State, and local agencies charged with the responsi-
bility of licensing or otherwise regulating or inspecting such 
facilities. 
(d) CONTINUATION OF CASE MANAGEMENT AND REHABILITATION 
SERVICES.—In carrying out the pilot program, the Secretary shall— 
(1) continue to provide each veteran who is receiving 
assisted living services under the pilot program with rehabilita-
tive services; and 
(2) designate employees of the Veterans Health Administra-
tion of the Department of Veterans Affairs to furnish case 
management services for veterans participating in the pilot 
program. 
(e) REPORT.— 
(1) IN GENERAL.—Not later than 60 days after the comple-
tion of the pilot program, the Secretary shall submit to the 
Committees on Veterans’ Affairs of the Senate and House of 
Representatives a report on the pilot program. 
(2) CONTENTS.—The report required by paragraph (1) shall 
include the following: 
(A) A description of the pilot program. 
(B) An assessment of the utility of the activities under 
the pilot program in enhancing the rehabilitation, quality 
of life, and community reintegration of veterans with trau-
matic brain injury. 
(C) Such recommendations as the Secretary considers 
appropriate regarding the extension or expansion of the 
pilot program. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘assisted living services’’ means services of 
a facility in providing room, board, and personal care for and 
supervision of residents for their health, safety, and welfare. 
(2) The term ‘‘case management services’’ includes the 
coordination and facilitation of all services furnished to a vet-
eran by the Department of Veterans Affairs, either directly 
or through a contract, including assessment of needs, planning, 
referral (including referral for services to be furnished by the 
Department, either directly or through a contract, or by an 
entity other than the Department), monitoring, reassessment, 
and followup. 
(3) The term ‘‘eligible veteran’’ means a veteran who— 
(A) is enrolled in the patient enrollment system of 
the Department of Veterans Affairs under section 1705 
of title 38, United States Code; 
(B) has received hospital care or medical services pro-
vided by the Department of Veterans Affairs for a traumatic 
brain injury; 
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122 STAT. 493 
PUBLIC LAW 110–181—JAN. 28, 2008 
(C) is unable to manage routine activities of daily 
living without supervision and assistance, as determined 
by the Secretary; and 
(D) could reasonably be expected to receive ongoing 
services after the end of the pilot program under this 
section under another program of the Federal Government 
or through other means, as determined by the Secretary. 
SEC. 1706. PROVISION OF AGE-APPROPRIATE NURSING HOME CARE. 
(a) FINDING.—Congress finds that young veterans who are 
injured or disabled through military service and require long-term 
care should have access to age-appropriate nursing home care. 
(b) REQUIREMENT
TO
PROVIDE
AGE-APPROPRIATE
NURSING 
HOME CARE.—Section 1710A of title 38, United States Code, is 
amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following new sub-
section (c): 
‘‘(c) The Secretary shall ensure that nursing home care provided 
under subsection (a) is provided in an age-appropriate manner.’’. 
SEC. 1707. EXTENSION OF PERIOD OF ELIGIBILITY FOR HEALTH CARE 
FOR VETERANS OF COMBAT SERVICE DURING CERTAIN 
PERIODS OF HOSTILITIES AND WAR. 
Subparagraph (C) of section 1710(e)(3) of title 38, United States 
Code, is amended to read as follows: 
‘‘(C) in the case of care for a veteran described in paragraph 
(1)(D) who— 
‘‘(i) is discharged or released from the active military, 
naval, or air service after the date that is five years before 
the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2008, after a period of 
five years beginning on the date of such discharge or 
release; or 
‘‘(ii) is so discharged or released more than five years 
before the date of the enactment of that Act and who 
did not enroll in the patient enrollment system under sec-
tion 1705 of this title before such date, after a period 
of three years beginning on the date of the enactment 
of that Act; and’’. 
SEC. 1708. SERVICE-CONNECTION AND ASSESSMENTS FOR MENTAL 
HEALTH CONDITIONS IN VETERANS. 
(a) PRESUMPTION OF SERVICE-CONNECTION FOR MENTAL ILL-
NESS IN PERSIAN GULF WAR VETERANS.— 
(1) IN GENERAL.—Section 1702 of title 38, United States 
Code, is amended— 
(A) by inserting ‘‘(a) PSYCHOSIS.—’’ before ‘‘For the 
purposes’’; and 
(B) by adding at the end the following new subsection: 
‘‘(b) MENTAL ILLNESS.—For purposes of this chapter, any vet-
eran of the Persian Gulf War who develops an active mental illness 
(other than psychosis) shall be deemed to have incurred such dis-
ability in the active military, naval, or air service if such veteran 
develops such disability— 
‘‘(1) within two years after discharge or release from the 
active military, naval, or air service; and 
38 USC 1710A 
note. 
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122 STAT. 494 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(2) before the end of the two-year period beginning on 
the last day of the Persian Gulf War.’’. 
(2) HEADING AMENDMENT.—The heading of such section 
is amended to read as follows: 
‘‘§ 1702. Presumptions: psychosis after service in World War 
II and following periods of war; mental illness 
after service in the Persian Gulf War’’. 
(3) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 17 of such title is amended by striking 
the item relating to section 1702 and inserting the following 
new item: 
‘‘1702. Presumptions: psychosis after service in World War II and following periods 
of war; mental illness following service in the Persian Gulf War.’’. 
(b) PROVISION OF MENTAL HEALTH ASSESSMENTS FOR CERTAIN 
VETERANS.—Section 1712A(a) of such title is amended— 
(1) in paragraph (1)(B), by adding at the end the following 
new clause: 
‘‘(iii) Any veteran who served on active duty— 
‘‘(I) in a theater of combat operations (as determined 
by the Secretary in consultation with the Secretary of 
Defense) during a period of war after the Persian Gulf 
War; or 
‘‘(II) in combat against a hostile force during a period 
of hostilities (as defined in paragraph (2)(B)) after 
November 11, 1998.’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(3) Upon request of a veteran described in paragraph (1)(B)(iii), 
the Secretary shall provide the veteran a preliminary general 
mental health assessment as soon as practicable after receiving 
the request, but not later than 30 days after receiving the request.’’. 
SEC. 1709. MODIFICATION OF REQUIREMENTS FOR FURNISHING OUT-
PATIENT 
DENTAL 
SERVICES 
TO 
VETERANS 
WITH 
SERVICE-CONNECTED DENTAL CONDITIONS OR DISABIL-
ITIES. 
Section 1712(a)(1)(B)(iii) of title 38, United States Code, is 
amended— 
(1) by striking ‘‘90 days after such discharge’’ and inserting 
‘‘180 days after such discharge’’; 
(2) by striking ‘‘90 days from the date of such veteran’s 
subsequent discharge’’ and inserting ‘‘180 days from the date 
of such veteran’s subsequent discharge’’; and 
(3) by striking ‘‘90 days after the date of correction’’ and 
inserting ‘‘180 days after the date of correction’’. 
SEC. 1710. CLARIFICATION OF PURPOSE OF OUTREACH SERVICES PRO-
GRAM OF DEPARTMENT OF VETERANS AFFAIRS. 
(a) CLARIFICATION OF INCLUSION OF MEMBERS OF THE NATIONAL 
GUARD
AND RESERVE
IN PROGRAM.—Subsection (a)(1) of section 
6301 of title 38, United States Code, is amended by inserting 
‘‘, or from a reserve component,’’ after ‘‘active military, naval, or 
air service’’. 
(b) DEFINITION OF OUTREACH.—Subsection (b) of such section 
is amended— 
(1) by redesignating paragraphs (1) and (2) as paragraphs 
(2) and (3), respectively; and 
Deadline. 
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122 STAT. 495 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) by inserting before paragraph (2) the following new 
paragraph (1): 
‘‘(1) the term ‘outreach’ means the act or process of reaching 
out in a systematic manner to proactively provide information, 
services, and benefits counseling to veterans, and to the 
spouses, children, and parents of veterans who may be eligible 
to receive benefits under the laws administered by the Sec-
retary, to ensure that such individuals are fully informed about, 
and receive assistance in applying for, such benefits;’’. 
SEC. 1711. DESIGNATION OF FIDUCIARY OR TRUSTEE FOR PURPOSES 
OF TRAUMATIC SERVICEMEMBERS’ GROUP LIFE INSUR-
ANCE. 
Section 1980A of title 38, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(k) DESIGNATION
OF FIDUCIARY
OR TRUSTEE.—(1) The Sec-
retary concerned, in consultation with the Secretary, shall develop 
a process for the designation of a fiduciary or trustee of a member 
of the uniformed services who is insured against traumatic injury 
under this section. The fiduciary or trustee so designated would 
receive a payment for a qualifying loss under this section if the 
member is medically incapacitated (as determined pursuant to regu-
lations prescribed by the Secretary concerned in consultation with 
the Secretary) or experiencing an extended loss of consciousness. 
‘‘(2) The process under paragraph (1) may require each member 
of the uniformed services who is insured under this section to— 
‘‘(A) designate an individual as the member’s fiduciary 
or trustee for purposes of subsection (a); or 
‘‘(B) elect that a court of proper jurisdiction designate an 
individual as the member’s fiduciary or trustee for purposes 
of subsection (a) in the event that the member becomes medi-
cally incapacitated or experiences an extended loss of conscious-
ness.’’. 
TITLE 
XVIII—NATIONAL 
GUARD 
BU-
REAU MATTERS AND RELATED MAT-
TERS 
Sec. 1801. Short title. 
Subtitle A—National Guard Bureau 
Sec. 1811. Appointment, grade, duties, and retirement of the Chief of the National 
Guard Bureau. 
Sec. 1812. Establishment of National Guard Bureau as joint activity of the Depart-
ment of Defense. 
Sec. 1813. Enhancement of functions of the National Guard Bureau. 
Sec. 1814. Requirement for Secretary of Defense to prepare plan for response to 
natural disasters and terrorist events. 
Sec. 1815. Determination of Department of Defense civil support requirements. 
Subtitle B—Additional Reserve Component Enhancement 
Sec. 1821. United States Northern Command. 
Sec. 1822. Council of Governors. 
Sec. 1823. Plan for Reserve Forces Policy Board. 
Sec. 1824. High-level positions authorized or required to be held by reserve compo-
nent general or flag officers. 
Sec. 1825. Retirement age and years of service limitations on certain reserve gen-
eral and flag officers. 
Sec. 1826. Additional reporting requirements relating to National Guard equip-
ment. 
National Guard 
Empowerment 
Act of 2007. 
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122 STAT. 496 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 1801. SHORT TITLE. 
This title may be cited as the ‘‘National Guard Empowerment 
Act of 2007’’. 
Subtitle A—National Guard Bureau 
SEC. 1811. APPOINTMENT, GRADE, DUTIES, AND RETIREMENT OF THE 
CHIEF OF THE NATIONAL GUARD BUREAU. 
(a) APPOINTMENT.—Subsection (a) of section 10502 of title 10, 
United States Code, is amended by striking paragraphs (1) through 
(3) and inserting the following new paragraphs: 
‘‘(1) are recommended for such appointment by their respec-
tive Governors or, in the case of the District of Columbia, 
the commanding general of the District of Columbia National 
Guard; 
‘‘(2) are recommended for such appointment by the Sec-
retary of the Army or the Secretary of the Air Force; 
‘‘(3) have had at least 10 years of federally recognized 
commissioned service in an active status in the National Guard; 
‘‘(4) are in a grade above the grade of brigadier general; 
‘‘(5) are determined by the Chairman of the Joint Chiefs 
of Staff, in accordance with criteria and as a result of a process 
established by the Chairman, to have significant joint duty 
experience; 
‘‘(6) are determined by the Secretary of Defense to have 
successfully completed such other assignments and experiences 
so as to possess a detailed understanding of the status and 
capabilities of National Guard forces and the missions of the 
National Guard Bureau as set forth in section 10503 of this 
title; 
‘‘(7) have a level of operational experience in a position 
of significant responsibility, professional military education, and 
demonstrated expertise in national defense and homeland 
defense matters that are commensurate with the advisory role 
of the Chief of the National Guard Bureau; and 
‘‘(8) possess such other qualifications as the Secretary of 
Defense shall prescribe for purposes of this section.’’. 
(b) GRADE.—Subsection (d) of such section is amended by 
striking ‘‘lieutenant general’’ and inserting ‘‘general’’. 
(c) REPEAL OF AGE 64 LIMITATION ON SERVICE.—Subsection 
(b) of such section is amended by striking ‘‘An officer may not 
hold that office after becoming 64 years of age.’’. 
(d) ADVISORY
DUTIES.—Subsection (c) of such section is 
amended to read as follows: 
‘‘(c) ADVISOR
ON NATIONAL GUARD MATTERS.—The Chief of 
the National Guard Bureau is— 
‘‘(1) a principal advisor to the Secretary of Defense, through 
the Chairman of the Joint Chiefs of Staff, on matters involving 
non-federalized National Guard forces and on other matters 
as determined by the Secretary of Defense; and 
‘‘(2) the principal adviser to the Secretary of the Army 
and the Chief of Staff of the Army, and to the Secretary 
of the Air Force and the Chief of Staff of the Air Force, on 
matters relating to the National Guard, the Army National 
Guard of the United States, and the Air National Guard of 
the United States.’’. 
10 USC 101 note. 
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122 STAT. 497 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 1812. ESTABLISHMENT OF NATIONAL GUARD BUREAU AS JOINT 
ACTIVITY OF THE DEPARTMENT OF DEFENSE. 
(a) JOINT ACTIVITY OF THE DEPARTMENT OF DEFENSE.—Sub-
section (a) of section 10501 of title 10, United States Code, is 
amended by striking ‘‘joint bureau of the Department of the Army 
and the Department of the Air Force’’ and inserting ‘‘joint activity 
of the Department of Defense’’. 
(b) JOINT MANPOWER REQUIREMENTS.— 
(1) IN GENERAL.—Chapter 1011 of such title is amended 
by adding at the end the following new section: 
‘‘§ 10508. National Guard Bureau: general provisions 
‘‘The manpower requirements of the National Guard Bureau 
as a joint activity of the Department of Defense shall be determined 
in accordance with regulations prescribed by the Secretary of 
Defense, in consultation with the Chairman of the Joint Chiefs 
of Staff.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by adding at the end 
the following new item: 
‘‘10508. National Guard Bureau: general provisions.’’. 
SEC. 1813. ENHANCEMENT OF FUNCTIONS OF THE NATIONAL GUARD 
BUREAU. 
(a) ADDITIONAL GENERAL FUNCTIONS.—Section 10503 of title 
10, United States Code, is amended— 
(1) by redesignating paragraph (12) as paragraph (14) and 
inserting before such paragraph (14) the following new para-
graph (13): 
‘‘(13)(A) Assisting the Secretary of Defense in facilitating 
and coordinating with the entities listed in subparagraph (B) 
the use of National Guard personnel and resources for oper-
ations conducted under title 32, or in support of State missions. 
‘‘(B) The entities listed in this subparagraph for purposes 
of subparagraph (A) are the following: 
‘‘(i) Other Federal agencies. 
‘‘(ii) The Adjutants General of the States. 
‘‘(iii) The United States Joint Forces Command. 
‘‘(iv) The combatant command the geographic area of 
responsibility of which includes the United States.’’; 
(2) by redesignating paragraphs (2) through (11) as para-
graphs (3) through (12), respectively; and 
(3) by inserting after paragraph (1) the following new para-
graph (2): 
‘‘(2) The role of the National Guard Bureau in support 
of the Secretary of the Army and the Secretary of the Air 
Force.’’. 
(b) CHARTER DEVELOPED AND PRESCRIBED BY SECRETARY OF 
DEFENSE.—Section 10503 of such title is further amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘The Secretary of the Army and the 
Secretary of the Air Force shall jointly develop’’ and 
inserting ‘‘The Secretary of Defense, in consultation with 
the Chairman of the Joint Chiefs of Staff, the Secretary 
of the Army, and the Secretary of the Air Force, shall 
develop’’; and 
Regulations. 
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122 STAT. 498 
PUBLIC LAW 110–181—JAN. 28, 2008 
(B) by striking ‘‘cover’’ in the second sentence and 
inserting ‘‘reflect the full scope of the duties and activities 
of the Bureau, including’’; and 
(2) in paragraph (14), as redesignated by subsection (a)(1), 
by striking ‘‘the Secretaries’’ and inserting ‘‘the Secretary of 
Defense’’. 
(c) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) CONFORMING
AMENDMENT.—The heading of section 
10503 of such title is amended to read as follows: 
‘‘§ 10503. Functions of National Guard Bureau: charter’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 1011 of such title is amended by striking 
the item relating to section 10503 and inserting the following 
new item: 
‘‘10503. Functions of National Guard Bureau: charter.’’. 
SEC. 1814. REQUIREMENT FOR SECRETARY OF DEFENSE TO PREPARE 
PLAN FOR RESPONSE TO NATURAL DISASTERS AND TER-
RORIST EVENTS. 
(a) REQUIREMENT FOR PLAN.— 
(1) IN GENERAL.—Not later than June 1, 2008, the Secretary 
of Defense, in consultation with the Secretary of Homeland 
Security, the Chairman of the Joint Chiefs of Staff, the com-
mander of the United States Northern Command, and the 
Chief of the National Guard Bureau, shall prepare and submit 
to Congress a plan for coordinating the use of the National 
Guard and members of the Armed Forces on active duty when 
responding to natural disasters, acts of terrorism, and other 
man-made disasters as identified in the national planning sce-
narios described in subsection (e). 
(2) UPDATE.—Not later than June 1, 2010, the Secretary, 
in consultation with the persons consulted under paragraph 
(1), shall submit to Congress an update of the plan required 
under paragraph (1). 
(b) INFORMATION TO BE PROVIDED TO SECRETARY.—To assist 
the Secretary of Defense in preparing the plan, the National Guard 
Bureau, pursuant to its purpose as channel of communications 
as set forth in section 10501(b) of title 10, United States Code, 
shall provide to the Secretary information gathered from Governors, 
adjutants general of States, and other State civil authorities respon-
sible for homeland preparation and response to natural and man- 
made disasters. 
(c) TWO VERSIONS.—The plan shall set forth two versions of 
response, one using only members of the National Guard, and 
one using both members of the National Guard and members of 
the regular components of the Armed Forces. 
(d) MATTERS COVERED.—The plan shall cover, at a minimum, 
the following: 
(1) Protocols for the Department of Defense, the National 
Guard Bureau, and the Governors of the several States to 
carry out operations in coordination with each other and to 
ensure that Governors and local communities are properly 
informed and remain in control in their respective States and 
communities. 
Deadline. 
10 USC 113 note. 
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122 STAT. 499 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) An identification of operational procedures, command 
structures, and lines of communication to ensure a coordinated, 
efficient response to contingencies. 
(3) An identification of the training and equipment needed 
for both National Guard personnel and members of the Armed 
Forces on active duty to provide military assistance to civil 
authorities and for other domestic operations to respond to 
hazards identified in the national planning scenarios. 
(e) NATIONAL PLANNING SCENARIOS.—The plan shall provide 
for response to the following hazards: 
(1) Nuclear detonation, biological attack, biological disease 
outbreak/pandemic flu, the plague, chemical attack-blister 
agent, chemical attack-toxic industrial chemicals, chemical 
attack-nerve agent, chemical attack-chlorine tank explosion, 
major hurricane, major earthquake, radiological attack-radio-
logical dispersal device, explosives attack-bombing using impro-
vised explosive device, biological attack-food contamination, 
biological attack-foreign animal disease and cyber attack. 
(2) Any other hazards identified in a national planning 
scenario developed by the Homeland Security Council. 
SEC. 1815. DETERMINATION OF DEPARTMENT OF DEFENSE CIVIL SUP-
PORT REQUIREMENTS. 
(a) DETERMINATION
OF
REQUIREMENTS.—The Secretary of 
Defense, in consultation with the Secretary of Homeland Security, 
shall determine the military-unique capabilities needed to be pro-
vided by the Department of Defense to support civil authorities 
in an incident of national significance or a catastrophic incident. 
(b) PLAN FOR FUNDING CAPABILITIES.— 
(1) PLAN.—The Secretary of Defense shall develop and 
implement a plan, in coordination with the Secretaries of the 
military departments and the Chairman of the Joint Chiefs 
of Staff, for providing the funds and resources necessary to 
develop and maintain the following: 
(A) The military-unique capabilities determined under 
subsection (a). 
(B) Any additional capabilities determined by the Sec-
retary to be necessary to support the use of the active 
components and the reserve components of the Armed 
Forces for homeland defense missions, domestic emergency 
responses, and providing military support to civil authori-
ties. 
(2) TERM OF PLAN.—The plan required under paragraph 
(1) shall cover at least five years. 
(c) BUDGET.—The Secretary of Defense shall include in the 
materials accompanying the budget submitted for each fiscal year 
a request for funds necessary to carry out the plan required under 
subsection (b) during the fiscal year covered by the budget. The 
defense budget materials shall delineate and explain the budget 
treatment of the plan for each component of each military depart-
ment, each combatant command, and each affected Defense Agency. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘military-unique capabilities’’ means those 
capabilities that, in the view of the Secretary of Defense— 
(A) cannot be provided by other Federal, State, or 
local civilian agencies; and 
10 USC 113 note. 
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122 STAT. 500 
PUBLIC LAW 110–181—JAN. 28, 2008 
(B) are essential to provide support to civil authorities 
in an incident of national significance or a catastrophic 
incident. 
(2) The term ‘‘defense budget materials’’, with respect to 
a fiscal year, means the materials submitted to Congress by 
the Secretary of Defense in support of the budget for that 
fiscal year. 
(e) STRATEGIC PLANNING GUIDANCE.—Section 113(g)(2) of title 
10, United States Code, is amended by striking ‘‘contingency plans’’ 
at the end of the first sentence and inserting the following: ‘‘contin-
gency plans, including plans for providing support to civil authori-
ties in an incident of national significance or a catastrophic incident, 
for homeland defense, and for military support to civil authorities’’. 
Subtitle B—Additional Reserve Component 
Enhancement 
SEC. 1821. UNITED STATES NORTHERN COMMAND. 
(a) MANPOWER REVIEW.— 
(1) REVIEW BY CHAIRMAN OF THE JOINT CHIEFS OF STAFF.— 
Not later than one year after the date of the enactment of 
this Act, the Chairman of the Joint Chiefs of Staff shall submit 
to the Secretary of Defense a review of the civilian and military 
positions, job descriptions, and assignments within the United 
States Northern Command with the goal of determining the 
feasibility of significantly increasing the number of members 
of a reserve component assigned to, and civilians employed 
by, the United States Northern Command who have experience 
in the planning, training, and employment of forces for home-
land defense missions, domestic emergency response, and pro-
viding military support to civil authorities. 
(2) SUBMISSION OF RESULTS OF REVIEW.—Not later than 
90 days after the date on which the Secretary of Defense 
receives the results of the review under paragraph (1), the 
Secretary shall submit to Congress a copy of the results of 
the review, together with such recommendations as the Sec-
retary considers appropriate to achieve the objectives of the 
review. 
(b) DEFINITION.—In this section, the term ‘‘United States 
Northern Command’’ means the combatant command the geographic 
area of responsibility of which includes the United States. 
SEC. 1822. COUNCIL OF GOVERNORS. 
The President shall establish a bipartisan Council of Governors 
to advise the Secretary of Defense, the Secretary of Homeland 
Security, and the White House Homeland Security Council on mat-
ters related to the National Guard and civil support missions. 
SEC. 1823. PLAN FOR RESERVE FORCES POLICY BOARD. 
(a) PLAN.—The Secretary of Defense shall develop a plan to 
implement revisions that the Secretary determines necessary in 
the designation, organization, membership, functions, procedures, 
and legislative framework of the Reserve Forces Policy Board. The 
plan— 
(1) shall be consistent with the findings, conclusions, and 
recommendations included in Part III E of the Report of the 
President. 
Establishment. 
32 USC 104 note. 
Deadlines. 
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122 STAT. 501 
PUBLIC LAW 110–181—JAN. 28, 2008 
Commission on the National Guard and Reserves of March 
1, 2007; and 
(2) to the extent possible, shall take into account the views 
and recommendations of civilian and military leaders, past 
chairmen of the Reserve Forces Policy Board, private organiza-
tions with expertise and interest in Department of Defense 
organization, and other individuals or groups in the discretion 
of the Secretary. 
(b) REPORT.—Not later than July 1, 2008, the Secretary of 
Defense shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report on the plan 
developed under subsection (a), including such recommendations 
for legislation as the Secretary considers necessary. 
SEC. 1824. HIGH-LEVEL POSITIONS AUTHORIZED OR REQUIRED TO 
BE HELD BY RESERVE COMPONENT GENERAL OR FLAG 
OFFICERS. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that, 
whenever officers of the Armed Forces are considered for promotion 
to the grade of lieutenant general, or vice admiral in the case 
of the Navy, on the active duty list, officers in the reserve compo-
nents of the Armed Forces who are eligible for promotion to such 
grade should be considered for promotion to such grade. 
(b) NATIONAL GUARD OFFICER
AS DEPUTY COMMANDER
OF 
UNITED STATES NORTHERN COMMAND.—Section 164(e) of title 10, 
United States Code, is amended by adding at the end the following 
new paragraph: 
‘‘(4) At least one deputy commander of the combatant command 
the geographic area of responsibility of which includes the United 
States shall be a qualified officer of the National Guard who is 
eligible for promotion to the grade of O–9, unless a National Guard 
officer is serving as commander of that combatant command.’’. 
(c) INCREASE IN NUMBER OF UNIFIED AND SPECIFIED COMBAT-
ANT COMMAND POSITIONS FOR RESERVE COMPONENT OFFICERS.— 
Section 526(b)(2)(A) of such title is amended by striking ‘‘10 general 
and flag officer positions on the staffs of the commanders of’’ and 
inserting ‘‘15 general and flag officer positions in’’. 
SEC. 1825. RETIREMENT AGE AND YEARS OF SERVICE LIMITATIONS 
ON CERTAIN RESERVE GENERAL AND FLAG OFFICERS. 
(a) RETIREMENT FOR AGE.— 
(1) INCLUSION OF RESERVE GENERALS AND ADMIRALS.—Sec-
tion 14511 of title 10, United States Code, is amended to 
read as follows: 
‘‘§ 14511. Separation at age 64: officers in grade of major 
general or rear admiral and above 
‘‘(a) SEPARATION REQUIRED.—Unless retired, transferred to the 
Retired Reserve, or discharged at an earlier date, each reserve 
officer of the Army, Air Force, or Marine Corps in the grade of 
major general or above and each reserve officer of the Navy in 
the grade of rear admiral or above shall be separated in accordance 
with section 14515 of this title on the last day of the month 
in which the officer becomes 64 years of age. 
‘‘(b) EXCEPTION FOR OFFICERS SERVING IN O–9 AND O–10 POSI-
TIONS.—The retirement of a reserve officer of the Army, Air Force, 
or Marine Corps in the grade of lieutenant general or general, 
10 USC 164 note. 
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122 STAT. 502 
PUBLIC LAW 110–181—JAN. 28, 2008 
or a reserve officer of the Navy in the grade of vice admiral or 
admiral, under subsection (a) may be deferred— 
‘‘(1) by the President, but such a deferment may not extend 
beyond the first day of the month following the month in 
which the officer becomes 68 years of age; or 
‘‘(2) by the Secretary of Defense, but such a deferment 
may not extend beyond the first day of the month following 
the month in which the officer becomes 66 years of age. 
‘‘(c) EXCEPTION FOR OFFICERS HOLDING CERTAIN OFFICES.— 
This section does not apply to an officer covered by section 14512 
of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 1407 of such title is amended by striking 
the item relating to section 14511 and inserting the following 
new item: 
‘‘14511. Separation at age 64: officers in grade of major general or rear admiral and 
above.’’. 
(b) 
CONFORMING
AMENDMENTS
AND
RESERVE
OFFICERS 
HOLDING CERTAIN OTHER OFFICES.—Section 14512 of such title 
is amended— 
(1) in subsection (a)(2)— 
(A) by striking subparagraph (A); and 
(B) by redesignating subparagraphs (B), (C), and (D) 
as subparagraphs (A), (B), and (C), respectively; and 
(2) in subsection (b)— 
(A) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(2) The Secretary of Defense may defer the retirement of 
a reserve officer serving in the position of Chief of the Navy Reserve 
or Commander of the Marine Forces Reserve, but such deferment 
may not extend beyond the first day of the month following the 
month in which the officer becomes 66 years of age. A deferment 
under this paragraph shall not count toward the limitation on 
the total number of officers whose retirement may be deferred 
at any one time under paragraph (1).’’. 
(c) IMPOSITION OF YEARS OF SERVICE LIMITATION.— 
(1) IMPOSITION OF LIMITATION.—Section 14508 of such title 
is amended by inserting after subsection (c), as added by section 
513, the following new subsection: 
‘‘(d) FORTY YEARS OF SERVICE FOR GENERALS AND ADMIRALS.— 
Unless retired, transferred to the Retired Reserve, or discharged 
at an earlier date, each reserve officer of the Army, Air Force, 
or Marine Corps in the grade of general and each reserve officer 
of the Navy in the grade of admiral shall be separated in accordance 
with section 14514 of this title on the first day of the first month 
beginning after the date of the fifth anniversary of the officer’s 
appointment to that grade or 30 days after the date on which 
the officer completes 40 years of commissioned service, whichever 
is later.’’. 
(2) CONFORMING AMENDMENTS.—Subsection (b) of section 
10502 of such title, as amended by section 1811, is further 
amended— 
(A) by inserting ‘‘(1)’’ before the first sentence; and 
(B) by striking ‘‘While holding that office’’ and inserting 
the following: 
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122 STAT. 503 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(2) Except as provided in section 14508(d) of this title, while 
holding the office of Chief of the National Guard Bureau’’. 
SEC. 1826. ADDITIONAL REPORTING REQUIREMENTS RELATING TO 
NATIONAL GUARD EQUIPMENT. 
Section 10541 of title 10, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(d) Each report under this section concerning equipment of 
the National Guard shall also include the following: 
‘‘(1) A statement of the accuracy of the projections required 
by subsection (b)(5)(D) contained in earlier reports under this 
section, and an explanation, if the projection was not met, 
of why the projection was not met. 
‘‘(2) A certification from the Chief of the National Guard 
Bureau setting forth an inventory for the preceding fiscal year 
of each item of equipment— 
‘‘(A) for which funds were appropriated; 
‘‘(B) which was due to be procured for the National 
Guard during that fiscal year; and 
‘‘(C) which has not been received by a National Guard 
unit as of the close of that fiscal year.’’. 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
SEC. 2001. SHORT TITLE. 
This division may be cited as the ‘‘Military Construction 
Authorization Act for Fiscal Year 2008’’. 
SEC. 
2002. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS 
REQUIRED TO BE SPECIFIED BY LAW. 
(a) EXPIRATION
OF AUTHORIZATIONS AFTER THREE YEARS.— 
Except as provided in subsection (b), all authorizations contained 
in titles XXI through XXVII and in title XXIX for military construc-
tion projects, land acquisition, family housing projects and facilities, 
and contributions to the North Atlantic Treaty Organization Secu-
rity Investment Program (and authorizations of appropriations 
therefor) shall expire on the later of— 
(1) October 1, 2010; or 
(2) the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2011. 
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic 
Treaty Organization Security Investment Program (and authoriza-
tions of appropriations therefor), for which appropriated funds have 
been obligated before the later of— 
(1) October 1, 2010; or 
(2) the date of the enactment of an Act authorizing funds 
for fiscal year 2011 for military construction projects, land 
acquisition, family housing projects and facilities, or contribu-
tions to the North Atlantic Treaty Organization Security Invest-
ment Program. 
Military 
Construction 
Authorization 
Act for Fiscal 
Year 2008. 
Certification. 
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122 STAT. 504 
PUBLIC LAW 110–181—JAN. 28, 2008 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Termination of authority to carry out fiscal year 2007 Army projects for 
which funds were not appropriated. 
Sec. 2106. Technical amendments to Military Construction Authorization Act for 
Fiscal Year 2007. 
Sec. 2107. Modification of authority to carry out certain fiscal year 2006 project. 
Sec. 2108. Extension of authorization of certain fiscal year 2005 project. 
Sec. 2109. Ground lease, SOUTHCOM headquarters facility, Miami-Doral, Florida. 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(1), the Secretary of the Army may acquire real property 
and carry out military construction projects for the installations 
or locations inside the United States, and in the amounts, set 
forth in the following table: 
Army: Inside the United States 
State 
Installation or Location 
Amount 
Alabama .............
Anniston Army Depot ...................................
$26,000,000 
Redstone Arsenal ...........................................
$22,000,000 
Alaska ................
Fort Richardson .............................................
$92,800,000 
Fort Wainwright ............................................
$114,500,000 
Arizona ..............
Fort Huachuca ...............................................
$129,600,000 
California ...........
Fort Irwin .......................................................
$24,000,000 
Presidio, Monterey ........................................
$28,000,000 
Colorado .............
Fort Carson ....................................................
$156,200,000 
Delaware ............
Dover Air Force Base ....................................
$17,500,000 
Florida ...............
Miami Doral ...................................................
$237,000,000 
Georgia ..............
Fort Benning ..................................................
$189,500,000 
Fort Stewart/Hunter Army Air Field ...........
$123,500,000 
Hawaii ...............
Fort Shafter ...................................................
$31,000,000 
Kahuku Training Area ..................................
$10,200,000 
Schofield Barracks .........................................
$88,000,000 
Wheeler Army Air Field ................................
$51,000,000 
Illinois ................
Rock Island Arsenal ......................................
$3,350,000 
Kansas ...............
Fort Leavenworth ..........................................
$102,400,000 
Fort Riley .......................................................
$140,200,000 
Kentucky ...........
Fort Campbell ................................................
$113,600,000 
Fort Knox .......................................................
$6,700,000 
Louisiana ...........
Fort Polk ........................................................
$15,900,000 
Maryland ...........
Aberdeen Proving Ground ............................
$12,200,000 
Michigan ............
Detroit Arsenal ..............................................
$18,500,000 
Missouri .............
Fort Leonard Wood ........................................
$136,050,000 
Nevada ...............
Hawthorne Army Ammunition Plant ..........
$11,800,000 
New Jersey ........
Picatinny Arsenal ..........................................
$9,900,000 
New Mexico .......
White Sands Missile Range ..........................
$71,000,000 
New York ...........
Fort Drum ......................................................
$311,200,000 
North Carolina ..
Fort Bragg ......................................................
$287,200,000 
Oklahoma ..........
Fort Sill ..........................................................
$7,500,000 
South Carolina ..
Fort Jackson ..................................................
$85,000,000 
Texas ..................
Camp Bullis ...................................................
$1,600,000 
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122 STAT. 505 
PUBLIC LAW 110–181—JAN. 28, 2008 
Army: Inside the United States—Continued 
State 
Installation or Location 
Amount 
Corpus Christi ...............................................
$11,200,000 
Fort Bliss ........................................................
$118,400,000 
Fort Hood .......................................................
$163,400,000 
Fort Sam Houston .........................................
$19,150,000 
Red River Army Depot ..................................
$9,200,000 
Virginia ..............
Fort Belvoir ....................................................
$13,000,000 
Fort Eustis .....................................................
$75,000,000 
Fort Lee ..........................................................
$22,600,000 
Fort Myer .......................................................
$20,800,000 
Washington .......
Fort Lewis ......................................................
$178,500,000 
Yakima Training Center ...............................
$29,000,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(2), the Secretary of the Army may acquire real property 
and carry out military construction projects for the installations 
or locations outside the United States, and in the amounts, set 
forth in the following table: 
Army: Outside the United States 
Country 
Installation or Location 
Amount 
Afghanistan .....................
Afghanistan ..........................................
$13,800,000 
Bulgaria ...........................
Nevo Selo FOS .....................................
$61,000,000 
Germany ..........................
Grafenwoehr ........................................
$62,000,000 
Honduras .........................
Various locations .................................
$2,550,000 
Italy ..................................
Aviano ...................................................
$12,100,000 
Vicenza .................................................
$160,900,000 
Korea ...............................
Camp Humphreys ...............................
$57,000,000 
Romania ...........................
Mihail Kogalniceanu FOS ...................
$12,600,000 
SEC. 2102. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations or locations, in the number of units, 
and in the amounts set forth in the following table: 
Army: Family Housing 
State or Coun-
try 
Installation or Location 
Units 
Amount 
Utah ........................
Dugway Proving Ground ............
28 ........
$5,000,000 
Germany .................
Ansbach .......................................
138 ......
$52,000,000 
(b) PLANNING
AND
DESIGN.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of family housing units 
in an amount not to exceed $2,000,000. 
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122 STAT. 506 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2104(a)(5)(A), the Secretary of the Army may 
improve existing military family housing units in an amount not 
to exceed $365,400,000. 
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2007, for military construction, land acquisition, and 
military family housing functions of the Department of the Army 
in the total amount of $5,106,703,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2101(a), $3,198,150,000. 
(2) For military construction projects outside the United 
States authorized by section 2101(b), $254,950,000. 
(3) For unspecified minor military construction projects 
authorized by section 2805 of title 10, United States Code, 
$25,900,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$321,983,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $424,400,000. 
(B) For support of military family housing (including 
the functions described in section 2833 of title 10, United 
States Code), $731,920,000. 
(6) For the construction of increment 2 of a barracks com-
plex at Fort Lewis, Washington, authorized by section 2101(a) 
of the Military Construction Authorization Act for Fiscal Year 
2007 (division B of Public Law 109–364; 120 Stat. 2445), as 
amended by section 20814 of the Continuing Appropriations 
Resolution, 2007 (division B of Public Law 109–289), as added 
by section 2 of the Revised Continuing Appropriations Resolu-
tion, 2007 (Public Law 110–5; 121 Stat. 41), $102,000,000. 
(7) For the construction of increment 3 of a barracks com-
plex at Fort Bragg, North Carolina, authorized by section 
2101(a) of the Military Construction Authorization Act for 
Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 
3485), $47,400,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2101 of this Act may not exceed the sum of the following: 
(1) The total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a). 
(2) $137,000,000 (the balance of the amount authorized 
under section 2101(a) for construction of the United States 
Southern Command Headquarters, Miami, Florida). 
(3) $63,500,000 (the balance of the amount authorized 
under section 2101(b) for construction of a brigade complex 
operations support facility at Vicenza, Italy). 
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122 STAT. 507 
PUBLIC LAW 110–181—JAN. 28, 2008 
(4) $63,500,000 (the balance of the amount authorized 
under section 2101(b) for construction of a brigade complex 
barracks and community support facility at Vicenza, Italy). 
SEC. 2105. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 
2007 ARMY PROJECTS FOR WHICH FUNDS WERE NOT 
APPROPRIATED. 
(a) TERMINATION OF INSIDE THE UNITED STATES PROJECTS.— 
The table in section 2101(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2007 (division B of Public Law 109–364; 
120 Stat. 2445), as amended by section 20814 of the Continuing 
Appropriations Resolution, 2007 (division B of Public Law 109– 
289), as added by section 2 of the Revised Continuing Appropria-
tions Resolution, 2007 (Public Law 110–5), is further amended— 
(1) by striking the item relating to Redstone Arsenal, Ala-
bama; 
(2) by striking the item relating to Fort Wainwright, 
Alaska; 
(3) in the item relating to Fort Irwin, California, by striking 
‘‘$18,200,000’’ 
in 
the 
amount 
column 
and 
inserting 
‘‘$10,000,000’’; 
(4) in the item relating to Fort Carson, Colorado, by striking 
‘‘$30,800,000’’ 
in 
the 
amount 
column 
and 
inserting 
‘‘$24,000,000’’; 
(5) in the item relating to Fort Leavenworth, Kansas, by 
striking ‘‘$23,200,000’’ in the amount column and inserting 
‘‘$15,000,000’’; 
(6) in the item relating to Fort Riley, Kansas, by striking 
‘‘$47,400,000’’ 
in 
the 
amount 
column 
and 
inserting 
‘‘$37,200,000’’; 
(7) in the item relating to Fort Campbell, Kentucky, by 
striking ‘‘$135,300,000’’ in the amount column and inserting 
‘‘$115,400,000’’; 
(8) by striking the item relating to Fort Polk, Louisiana; 
(9) by striking the item relating to Aberdeen Proving 
Ground, Maryland; 
(10) by striking the item relating to Fort Detrick, Maryland; 
(11) by striking the item relating to Detroit Arsenal, 
Michigan; 
(12) in the item relating to Fort Leonard Wood, Missouri, 
by striking ‘‘$34,500,000’’ in the amount column and inserting 
‘‘$17,000,000’’; 
(13) by striking the item relating to Picatinny Arsenal, 
New Jersey; 
(14) in the item relating to Fort Drum, New York, by 
striking ‘‘$218,600,000’’ in the amount column and inserting 
‘‘$209,200,000’’; 
(15) in the item relating to Fort Bragg, North Carolina, 
by striking ‘‘$96,900,000’’ in the amount column and inserting 
‘‘$89,000,000’’; 
(16) by striking the item relating to Letterkenny Depot, 
Pennsylvania; 
(17) by striking the item relating to Corpus Christi Army 
Depot, Texas; 
(18) by striking the item relating to Fort Bliss, Texas; 
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122 STAT. 508 
PUBLIC LAW 110–181—JAN. 28, 2008 
(19) in the item relating to Fort Hood, Texas, by striking 
‘‘$93,000,000’’ 
in 
the 
amount 
column 
and 
inserting 
‘‘$75,000,000’’; 
(20) by striking the item relating to Red River Depot, 
Texas; and 
(21) by striking the item relating to Fort Lee, Virginia. 
(b) CONFORMING AMENDMENTS.—Section 2104(a) of such Act 
(120 Stat. 2447) is amended— 
(1) in the matter preceding paragraph (1), by striking 
‘‘$3,518,450,000’’ and inserting ‘‘$3,275,700,000’’; and 
(2) in paragraph (1), by striking ‘‘$1,362,200,000’’ and 
inserting ‘‘$1,119,450,000’’. 
SEC. 2106. TECHNICAL AMENDMENTS TO MILITARY CONSTRUCTION 
AUTHORIZATION ACT FOR FISCAL YEAR 2007. 
(a) LOCATION OF PROJECT IN ROMANIA.—The table in section 
2101(b) of the Military Construction Authorization Act for 2007 
(division B of Public Law 109–364; 120 Stat. 2446) is amended 
by striking ‘‘Babadag Range’’ and inserting ‘‘Mihail Kogalniceanu 
Air Base’’. 
(b) SPELLING ERROR RELATING TO ARMY FAMILY HOUSING.— 
The table in section 2102(a) of the Military Construction Authoriza-
tion Act for 2007 (division B of Public Law 109–364; 120 Stat. 
2446) is amended by striking ‘‘Fort McCoyine’’ and inserting ‘‘Fort 
McCoy’’. 
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2006 PROJECT. 
(a) MODIFICATION.—The table in section 2101(a) of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109–163; 119 Stat. 3485) is amended in the item 
relating to Fort Bragg, North Carolina, by striking ‘‘$301,250,000’’ 
in the amount column and inserting ‘‘$308,250,000’’. 
(b) CONFORMING AMENDMENTS.—Section 2104(b)(5) of that Act 
(119 Stat. 3488) is amended by striking ‘‘$77,400,000’’ and inserting 
‘‘$84,400,000’’. 
SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
2005 PROJECT. 
(a) EXTENSION AND RENEWAL.—Notwithstanding section 2701 
of the Military Construction Authorization Act for Fiscal Year 2005 
(division B of Public Law 108–375; 118 Stat. 2116), the authoriza-
tion set forth in the table in subsection (b), as provided in section 
2101 of that Act (118 Stat. 2101), shall remain in effect until 
October 1, 2008, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 2009, whichever is 
later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Army: Extension of 2005 Project Authorization 
Installation or Location 
Project 
Amount 
Schofield Barracks, Hawaii ............
Training facility ...................
$35,542,000 
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122 STAT. 509 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 2109. GROUND LEASE, SOUTHCOM HEADQUARTERS FACILITY, 
MIAMI-DORAL, FLORIDA. 
(a) GROUND LEASE AUTHORIZED.—The Secretary of the Army 
may utilize the State of Florida property as described in sublease 
number 4489–01, entered into between the State of Florida and 
the United States (in this section referred to as the ‘‘ground lease’’), 
for the purpose of constructing a consolidated headquarters facility 
for the United States Southern Command (SOUTHCOM). 
(b) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Army may carry out the project to construct a new headquarters 
on property leased from the State of Florida when the following 
conditions have been met regarding the lease for the property: 
(1) The United States Government shall have the right 
to use the property without interruption until at least December 
31, 2055. 
(2) The United States Government shall have the right 
to use the property for general administrative purposes in 
the event the United States Southern Command relocates or 
vacates the property. 
(c) AUTHORITY TO OBTAIN GROUND LEASE OF ADJACENT PROP-
ERTY.—The Secretary may obtain the ground lease of additional 
real property owned by the State of Florida that is adjacent to 
the real property leased under the ground lease for purposes of 
completing the construction of the SOUTHCOM headquarters 
facility, as long as the additional terms of the ground lease required 
by subsection (b) apply to such adjacent property. 
(d) LIMITATION.—The Secretary may not obligate or expend 
funds appropriated pursuant to the authorization of appropriations 
in section 2104(a)(1) for the construction of the SOUTHCOM head-
quarters facility authorized under section 2101(a) until the Sec-
retary transmits to the congressional defense committees a modifica-
tion to the ground lease signed by the United States Government 
and the State of Florida in accordance with subsection (b). 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Termination of authority to carry out fiscal year 2007 Navy projects for 
which funds were not appropriated. 
Sec. 2206. Modification of authority to carry out certain fiscal year 2005 project. 
Sec. 2207. Repeal of authorization for construction of Navy Outlying Landing Field, 
Washington County, North Carolina. 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(a)(1), the Secretary of the Navy may acquire real property 
and carry out military construction projects for the installations 
or locations inside the United States, and in the amounts, set 
forth in the following table: 
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122 STAT. 510 
PUBLIC LAW 110–181—JAN. 28, 2008 
Navy: Inside the United States 
State 
Installation or Location 
Amount 
Alabama .............
Outlying Field Evergreen .............................
$9,560,000 
Arizona ..............
Marine Corps Air Station, Yuma .................
$33,720,000 
California ...........
Marine Corps Air Station, Miramar ............
$26,760,000 
Marine Corps Base, Camp Pendleton ..........
$264,360,000 
Marine Corps Base, Twentynine Palms ......
$142,619,000 
Naval Station, San Diego .............................
$3,000,000 
Naval Support Activity, Monterey ...............
$9,780,000 
Submarine Base, San Diego .........................
$23,630,000 
Connecticut ........
Submarine Base, New London .....................
$21,160,000 
Florida ...............
Marine Corps Logistics Base, Blount Island 
$10,240,000 
Naval Support Activity, Cape Canaveral ....
$9,900,000 
Naval Surface Warfare Center, Panama 
City.
$13,870,000 
Naval Training Center, Corry Field ............
$3,140,000 
Georgia ..............
Marine Corps Logistics Base ........................
$9,980,000 
Hawaii ...............
Marine Corps Air Station, Kaneohe ............
$37,961,000 
Naval Base, Pearl Harbor .............................
$99,860,000 
Naval Station Pearl Harbor, Wahiawa ........
$65,410,000 
Pearl Harbor Naval Shipyard ......................
$30,200,000 
Illinois ................
Naval Training Center, Great Lakes ...........
$10,221,000 
Indiana ..............
Naval Support Activity, Crane .....................
$23,800,000 
Maine .................
Portsmouth Naval Shipyard .........................
$9,700,000 
Maryland ...........
Naval Air Warfare Center, Patuxent River 
$38,360,000 
Naval Surface Warfare Center, Indian 
Head.
$9,450,000 
Mississippi .........
Naval Air Station, Meridian .........................
$6,770,000 
Nevada ...............
Naval Air Station, Fallon .............................
$11,460,000 
New Jersey ........
Naval Air Warfare Center, Lakehurst .........
$4,100,000 
North Carolina ..
Marine Corps Air Station, Cherry Point .....
$28,610,000 
Marine Corps Air Station, New River .........
$58,700,000 
Marine Corps Base, Camp Lejeune .............
$248,930,000 
Rhode Island .....
Naval Station, Newport ................................
$13,760,000 
South Carolina ..
Marine Corps Air Station, Beaufort ............
$10,300,000 
Marine Corps Recruit Depot, Parris Island 
$55,282,000 
Texas ..................
Naval Air Station, Corpus Christi ...............
$14,290,000 
Virginia ..............
Marine Corps Base, Quantico .......................
$50,519,000 
Naval Station, Norfolk ..................................
$79,560,000 
Naval Support Activity, Chesapeake ...........
$8,450,000 
Naval Surface Warfare Center, Dahlgren ...
$10,000,000 
Washington .......
Naval Air Station, Whidbey Island ..............
$34,520,000 
Naval Station, Bremerton .............................
$190,960,000 
Naval Station, Everett ..................................
$10,940,000 
Naval Station, Kitsap ....................................
$6,130,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(a)(2), the Secretary of the Navy may acquire real property 
and carry out military construction projects for the installations 
or locations outside the United States, and in the amounts, set 
forth in the following table: 
Navy: Outside the United States 
Country 
Installation or Location 
Amount 
Bahrain ............................
Southwest Asia ....................................
$35,500,000 
Diego Garcia ....................
Naval Support Facility, Diego Garcia 
$7,150,000 
Djibouti ............................
Camp Lemonier ...................................
$22,390,000 
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122 STAT. 511 
PUBLIC LAW 110–181—JAN. 28, 2008 
Navy: Outside the United States—Continued 
Country 
Installation or Location 
Amount 
Guam ...............................
Naval Activities, Guam .......................
$278,818,000 
(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(a)(3), the Secretary of the Navy may acquire real property 
and carry out military construction projects for unspecified installa-
tions or locations in the amount set forth in the following table: 
Navy: Unspecified Worldwide 
Location 
Installation or Location 
Amount 
Worldwide Unspecified ...
Wharf Utilities Upgrade .....................
$8,900,000 
SEC. 2202. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2204(a)(6)(A), the Secretary of the Navy may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations, in the number of units, and in the 
amounts set forth in the following table: 
Navy: Family Housing 
Location 
Installation 
Units 
Amount 
California ................
Twentynine Palms ......................
N/A .....
$4,800,000 
Mariana Islands .....
Naval Activities, Guam ..............
73 ........
$57,167,000 
(b) PLANNING
AND
DESIGN.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(a)(6)(A), the Secretary of the Navy may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of military family 
housing units in an amount not to exceed $3,172,000. 
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2204(a)(6)(A), the Secretary of the Navy may 
improve existing military family housing units in an amount not 
to exceed $237,990,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2007, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Navy in the total amount of 
$2,885,317,000, as follows: 
(1) For military construction projects inside the United 
States authorized by section 2201(a), $1,628,762,000. 
(2) For military construction projects outside the United 
States authorized by section 2201(b), $292,946,000. 
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122 STAT. 512 
PUBLIC LAW 110–181—JAN. 28, 2008 
(3) For military construction projects at unspecified world-
wide locations authorized by section 2201(c), $11,600,000. 
(4) For unspecified minor military construction projects 
authorized by section 2805 of title 10, United States Code, 
$10,000,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$113,017,000. 
(6) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $293,129,000. 
(B) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $371,404,000. 
(7) For the construction of increment 2 of the construction 
of an addition to the National Maritime Intelligence Center, 
Suitland, Maryland, authorized by section 2201(a) of the Mili-
tary Construction Authorization Act for Fiscal Year 2007 (divi-
sion B of Public Law 109–364; 120 Stat. 2448), $52,069,000. 
(8) For the construction of increment 3 of recruit training 
barracks infrastructure upgrade at Recruit Training Command, 
Great Lakes, Illinois, authorized by section 2201(a) of the Mili-
tary Construction Authorization Act for Fiscal Year 2006 (divi-
sion B of Public Law 109–163; 119 Stat. 3490), $16,650,000. 
(9) For the construction of increment 3 of wharf upgrades 
at Yokosuka, Japan, authorized by section 2201(b) of the Mili-
tary Construction Authorization Act of Fiscal Year 2006 (divi-
sion B of Public Law 109–163; 119 Stat. 3490), $8,750,000. 
(10) For the construction of increment 2 of the Bachelor 
Enlisted Quarters Homeport Ashore Program at Bremerton, 
Washington (formerly referred to as a project at Naval Station, 
Everett), authorized by section 2201(a) of the Military Construc-
tion Authorization Act of Fiscal Year 2006 (division B of Public 
Law 109–163; 119 Stat. 3490), $47,240,000. 
(11) For the construction of increment 4 of the limited 
area production and storage complex at Naval Submarine Base, 
Kitsap, Bangor, Washington (formerly referred to as a project 
at the Strategic Weapons Facility Pacific, Bangor), authorized 
by section 2201(a) of the Military Construction Authorization 
Act of Fiscal Year 2005 (division B of Public Law 108–375; 
118 Stat. 2105), as amended by section 2206 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division 
B of Public Law 109–163; 119 Stat. 3493), $39,750,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2201 of this Act may not exceed the sum of the following: 
(1) The total amount authorized to be appropriated under 
paragraphs (1), (2), and (3) of subsection (a). 
(2) $50,000,000 (the balance of the amount authorized 
under section 2201(a) for a submarine drive-in magnetic 
silencing facility in Pearl Harbor, Hawaii). 
(3) $50,912,000 (the balance of the amount authorized 
under section 2201(b) for construction of a wharf extension 
in Apra Harbor, Guam). 
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122 STAT. 513 
PUBLIC LAW 110–181—JAN. 28, 2008 
(4) $71,200,000 (the balance of the amount authorized 
under section 2201(a) for a nuclear aircraft carrier maintenance 
pier at Naval Station Bremerton, Washington). 
SEC. 2205. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 
2007 NAVY PROJECTS FOR WHICH FUNDS WERE NOT 
APPROPRIATED. 
(a) TERMINATION OF INSIDE THE UNITED STATES PROJECTS.— 
The table in section 2201(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2007 (division B of Public Law 109–364; 
120 Stat. 2449) is amended— 
(1) in the item relating to Marine Corps Base, Twentynine 
Palms, California, by striking ‘‘$27,217,000’’ in the amount 
column and inserting ‘‘$8,217,000’’; 
(2) by striking the item relating to Naval Support Activity, 
Monterey, California; 
(3) by striking the item relating to Naval Submarine Base, 
New London, Connecticut; 
(4) by striking the item relating to Cape Canaveral, Florida; 
(5) in the item relating to Marine Corps Logistics Base, 
Albany, Georgia, by striking ‘‘$70,540,000’’ in the amount 
column and inserting ‘‘$62,000,000’’; 
(6) by striking the item relating to Naval Magazine, Pearl 
Harbor, Hawaii; 
(7) by striking the item relating to Naval Shipyard, Pearl 
Harbor, Hawaii; 
(8) by striking the item relating to Naval Support Activity, 
Crane, Indiana; 
(9) by striking the item relating to Portsmouth Naval Ship-
yard, Maine; 
(10) by striking the item relating to Naval Air Station, 
Meridian, Mississippi; 
(11) by striking the item relating to Naval Air Station, 
Fallon, Nevada; 
(12) by striking the item relating to Marine Corps Air 
Station, Cherry Point, North Carolina; 
(13) by striking the item relating to Naval Station, New-
port, Rhode Island; 
(14) in the item relating to Marine Corps Air Station, 
Beaufort, South Carolina, by striking ‘‘$25,575,000’’ in the 
amount column and inserting ‘‘$22,225,000’’; 
(15) by striking the item relating to Naval Special Weapons 
Center, Dahlgren, Virginia; 
(16) in the item relating to Naval Support Activity, Norfolk, 
Virginia, by striking ‘‘$41,712,000’’ in the amount column and 
inserting ‘‘$28,462,000’’; 
(17) in the item relating to Naval Air Station, Whidbey 
Island, Washington, by striking ‘‘$67,303,000’’ in the amount 
column and inserting ‘‘$57,653,000’’; and 
(18) in the item relating to Naval Base, Kitsap, Wash-
ington, by striking ‘‘$17,617,000’’ in the amount column and 
inserting ‘‘$13,507,000’’. 
(b) TERMINATION OF MILITARY FAMILY HOUSING PROJECTS.— 
Section 2204(a)(6)(A) of such Act (120 Stat. 2450) is amended by 
striking ‘‘$308,956,000’’ and inserting ‘‘$305,256,000’’. 
(c) CONFORMING AMENDMENTS.—Section 2204(a) of such Act 
(120 Stat. 2450) is amended— 
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122 STAT. 514 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) in the matter preceding paragraph (1), by striking 
‘‘$2,109,367,000’’ and inserting ‘‘$1,946,867,000’’; and 
(2) in paragraph (1), by striking ‘‘$832,982,000’’ and 
inserting ‘‘$674,182,000’’. 
SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2005 PROJECT. 
(a) MODIFICATION.—The table in section 2201(a) of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B 
of Public Law 108–375; 118 Stat. 2105), as amended by section 
2206 of the Military Construction Authorization Act for Fiscal Year 
2006 (division B of Public Law 109–163; 119 Stat. 3493) and section 
2205 of the Military Construction Authorization Act for Fiscal Year 
2007 (division B of Public Law 109–364; 120 Stat. 2452), is 
amended— 
(1) in the item relating to Strategic Weapons Facility 
Pacific, Bangor, Washington, by striking ‘‘$147,760,000’’ in the 
amount column and inserting ‘‘$295,000,000’’; and 
(2) by striking the amount identified as the total in the 
amount column and inserting ‘‘$972,719,000’’. 
(b) CONFORMING AMENDMENT.—Section 2204 of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B 
of Public Law 108–375; 118 Stat. 2107), as amended by section 
2206 of the Military Construction Authorization Act for Fiscal Year 
2006 (division B of Public Law 109–163; 119 Stat. 3493) and section 
2205 of the Military Construction Authorization Act for Fiscal Year 
2007 (division B of Public Law 109–364; 120 Stat. 2453), is amended 
in subsection (b)(6), by striking ‘‘$95,320,000’’ and inserting 
‘‘$259,320,000’’. 
SEC. 2207. REPEAL OF AUTHORIZATION FOR CONSTRUCTION OF NAVY 
OUTLYING 
LANDING 
FIELD, 
WASHINGTON 
COUNTY, 
NORTH CAROLINA. 
(a) REPEAL OF AUTHORIZATION.—The table in section 2201(a) 
of the Military Construction Authorization Act for Fiscal Year 2004 
(division B of Public Law 108–136; 117 Stat. 1704) is amended 
by striking the item relating to Navy Outlying Landing Field, 
Washington County, North Carolina, as added by section 2205(a) 
of the Military Construction Authorization Act for Fiscal Year 2007 
(division B of Public Law 109–364; 120 Stat. 2452). 
(b) REPEAL
OF INCREMENTAL FUNDING AUTHORITY.—Section 
2204(b) of that Act (117 Stat. 1706) is amended by striking para-
graph (6). 
(c) EFFECT OF REPEAL.—The amendments made by this section 
do not affect the expenditure of funds obligated, before the effective 
date of this title, for the construction of the Navy Outlying Landing 
Field, Washington County, North Carolina, or the acquisition of 
real property to facilitate such construction. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Termination of authority to carry out fiscal year 2007 Air Force projects 
for which funds were not appropriated. 
Sec. 2306. Modification of authority to carry out certain fiscal year 2006 projects. 
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122 STAT. 515 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 2307. Extension of authorizations of certain fiscal year 2005 projects. 
Sec. 2308. Extension of authorizations of certain fiscal year 2004 projects. 
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2304(1), 
the Secretary of the Air Force may acquire real property and 
carry out military construction projects for the installations or 
locations inside the United States, and in the amounts, set forth 
in the following table: 
Air Force: Inside the United States 
State 
Installation or Location 
Amount 
Alaska ......................
Elmendorf Air Force Base .......................
$83,180,000 
Arizona ....................
Davis-Monthan Air Force Base ..............
$11,200,000 
Luke Air Force Base ................................
$5,500,000 
Arkansas .................
Little Rock Air Force Base ......................
$19,600,000 
California ................
Travis Air Force Base ..............................
$37,400,000 
Colorado ..................
Fort Carson ..............................................
$13,500,000 
Schriever Air Force Base ........................
$24,500,000 
United States Air Force Academy ..........
$15,000,000 
District of Columbia 
Bolling Air Force Base ............................
$2,500,000 
Florida .....................
Eglin Air Force Base ...............................
$158,300,000 
MacDill Air Force Base ...........................
$60,500,000 
Patrick Air Force Base ............................
$11,854,000 
Tyndall Air Force Base ...........................
$52,514,000 
Georgia ....................
Moody Air Force Base .............................
$7,500,000 
Robins Air Force Base .............................
$19,700,000 
Hawaii .....................
Hickam Air Force Base ...........................
$31,971,000 
Illinois .....................
Scott Air Force Base ................................
$24,900,000 
Kansas .....................
Fort Riley ..................................................
$12,515,000 
McConnell Air Force Base ......................
$6,300,000 
Massachusetts .........
Hanscom Air Force Base .........................
$12,800,000 
Mississippi ..............
Columbus Air Force Base ........................
$9,800,000 
Missouri ...................
Whiteman Air Force Base .......................
$11,400,000 
Montana ..................
Malmstrom Air Force Base .....................
$7,000,000 
Nebraska .................
Offutt Air Force Base ..............................
$16,952,000 
Nevada ....................
Nellis Air Force Base ...............................
$4,950,000 
New Mexico .............
Cannon Air Force Base ...........................
$1,688,000 
Kirtland Air Force Base ..........................
$15,100,000 
North Dakota ..........
Grand Forks Air Force Base ...................
$13,000,000 
Minot Air Force Base ..............................
$18,200,000 
Oklahoma ................
Altus Air Force Base ...............................
$2,000,000 
Tinker Air Force Base .............................
$34,600,000 
Vance Air Force Base ..............................
$7,700,000 
South Carolina ........
Charleston Air Force Base ......................
$11,000,000 
Shaw Air Force Base ...............................
$9,300,000 
South Dakota ..........
Ellsworth Air Force Base ........................
$16,600,000 
Texas .......................
Goodfellow Air Force Base ......................
$5,800,000 
Lackland Air Force Base .........................
$14,000,000 
Laughlin Air Force Base .........................
$5,200,000 
Randolph Air Force Base ........................
$2,950,000 
Shepard Air Force Base ..........................
$7,000,000 
Utah .........................
Hill Air Force Base ..................................
$25,999,000 
Washington .............
Fairchild Air Force Base .........................
$6,200,000 
Wyoming .................
Francis E. Warren Air Force Base .........
$14,600,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2304(2), 
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122 STAT. 516 
PUBLIC LAW 110–181—JAN. 28, 2008 
the Secretary of the Air Force may acquire real property and 
carry out military construction projects for the installations or 
locations outside the United States, and in the amounts, set forth 
in the following table: 
Air Force: Outside the United States 
Country 
Installation or Location 
Amount 
Germany ..........................
Ramstein Air Base ..............................
$48,209,000 
Guam ...............................
Andersen Air Force Base ....................
$15,816,000 
Qatar ................................
Al Udeid Air Base ...............................
$22,300,000 
Spain ................................
Moron Air Base ....................................
$1,800,000 
United Kingdom ..............
Royal Air Force Lakenheath ..............
$17,300,000 
Royal Air Force Menwith Hill Station 
$41,000,000 
(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2304(3), 
the Secretary of the Air Force may acquire real property and 
carry out military construction projects for unspecified installations 
or locations in the amount set forth in the following table: 
Air Force: Unspecified Worldwide 
Location 
Installation or Location 
Amount 
Worldwide Classified ......
Classified Project .................................
$1,500,000 
Classified-Special 
Evaluation 
Pro-
gram.
$12,328,000 
SEC. 2302. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2304(6)(A), the Secretary of the Air Force may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations or locations, in the number of units, 
and in the amounts set forth in the following table: 
Air Force: Family Housing 
State or Country 
Installation or Location 
Units 
Amount 
Germany ...................
Ramstein Air Base ......................
117 ....
$56,275,000 
(b) PLANNING
AND
DESIGN.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2304(6)(A), the Secretary of the Air Force may carry out architec-
tural and engineering services and construction design activities 
with respect to the construction or improvement of military family 
housing units in an amount not to exceed $12,210,000. 
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2304(6)(A), the Secretary of the Air Force may 
improve existing military family housing units in an amount not 
to exceed $259,262,000. 
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122 STAT. 517 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2007, for military construction, land 
acquisition, and military family housing functions of the Depart-
ment of the Air Force in the total amount of $2,175,829,000, as 
follows: 
(1) For military construction projects inside the United 
States authorized by section 2301(a), $872,273,000. 
(2) For military construction projects outside the United 
States authorized by section 2301(b), $146,425,000. 
(3) For the military construction projects at unspecified 
worldwide locations authorized by section 2301(c), $13,828,000. 
(4) For unspecified minor military construction projects 
authorized by section 2805 of title 10, United States Code, 
$15,000,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$43,721,000. 
(6) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $327,747,000. 
(B) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $688,335,000. 
(7) For the construction of increments 3 and 4 of the 
main base runway at Edwards Air Force Base, California, 
authorized by section 2301(a) of the Military Construction 
Authorization Act for Fiscal Year 2006 (division B of Public 
Law 109–163; 119 Stat. 3494), $43,500,000. 
(8) For the construction of increment 3 of the CENTCOM 
Joint Intelligence Center at MacDill Air Force Base, Florida, 
authorized by section 2301(a) of the Military Construction 
Authorization Act for Fiscal Year 2006 (division B of Public 
Law 109–163; 119 Stat. 3494), as amended by section 2305 
of the Military Construction Authorization Act for Fiscal Year 
2007 (division B of Public Law 109–364; 120 Stat. 2456), 
$25,000,000. 
SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 
2007 AIR FORCE PROJECTS FOR WHICH FUNDS WERE NOT 
APPROPRIATED. 
(a) TERMINATION OF INSIDE THE UNITED STATES PROJECTS.— 
The table in section 2301(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2007 (division B of Public Law 109–364; 
120 Stat. 2453) is amended— 
(1) in the item relating to Elmendorf, Alaska, by striking 
‘‘$68,100,000’’ 
in 
the 
amount 
column 
and 
inserting 
‘‘$56,100,000’’; 
(2) in the item relating to Davis-Monthan Air Force Base, 
Arizona, by striking ‘‘$11,800,000’’ in the amount column and 
inserting ‘‘$4,600,000’’; 
(3) by striking the item relating to Little Rock Air Force 
Base, Arkansas; 
(4) in the item relating to Travis Air Force Base, California, 
by striking ‘‘$85,800,000’’ in the amount column and inserting 
‘‘$73,900,000’’; 
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122 STAT. 518 
PUBLIC LAW 110–181—JAN. 28, 2008 
(5) by striking the item relating to Peterson Air Force 
Base, Colorado; 
(6) in the item relating to Dover Air Force, Delaware, 
by striking ‘‘$30,400,000’’ in the amount column and inserting 
‘‘$26,400,000’’; 
(7) in the item relating to Eglin Air Force Base, Florida, 
by striking ‘‘$30,350,000’’ in the amount column and inserting 
‘‘$19,350,000’’; 
(8) in the item relating to Tyndall Air Force Base, Florida, 
by striking ‘‘$8,200,000’’ in the amount column and inserting 
‘‘$1,800,000’’; 
(9) in the item relating to Robins Air Force Base, Georgia, 
by striking ‘‘$59,600,000’’ in the amount column and inserting 
‘‘$38,600,000’’; 
(10) in the item relating to Scott Air Force Base, Illinois, 
by striking ‘‘$28,200,000’’ in the amount column and inserting 
‘‘$20,000,000’’; 
(11) by striking the item relating to McConnell Air Force 
Base, Kansas; 
(12) by striking the item relating to Hanscom Air Force 
Base, Massachusetts; 
(13) by striking the item relating to Whiteman Air Force 
Base, Missouri; 
(14) by striking the item relating to Malmstrom Air Force 
Base, Montana; 
(15) in the item relating to McGuire Air Force Base, New 
Jersey, by striking ‘‘$28,500,000’’ in the amount column and 
inserting ‘‘$15,500,000’’; 
(16) by striking the item relating to Kirtland Air Force 
Base, New Mexico; 
(17) by striking the item relating to Minot Air Force Base, 
North Dakota; 
(18) in the item relating to Altus Air Force Base, Oklahoma, 
by striking ‘‘$9,500,000’’ in the amount column and inserting 
‘‘$1,500,000’’; 
(19) by striking the item relating to Tinker Air Force Base, 
Oklahoma; 
(20) by striking the item relating to Charleston Air Force 
Base, South Carolina; 
(21) in the item relating to Shaw Air Force Base, South 
Carolina, by striking ‘‘$31,500,000’’ in the amount column and 
inserting ‘‘$22,200,000’’; 
(22) by striking the item relating to Ellsworth Air Force 
Base, South Dakota; 
(23) by striking the item relating to Laughlin Air Force 
Base, Texas; 
(24) by striking the item relating to Sheppard Air Force 
Base, Texas; 
(25) in the item relating to Hill Air Force Base, Utah, 
by striking ‘‘$63,400,000’’ in the amount column and inserting 
‘‘$53,400,000’’; and 
(26) by striking the item relating to Fairchild Air Force 
Base, Washington. 
(b) CONFORMING AMENDMENTS.—Section 2304(a) of such Act 
(120 Stat. 2455) is amended— 
(1) in the matter preceding paragraph (1), by striking 
‘‘$3,231,442,000’’ and inserting ‘‘$3,005,817,000’’; and 
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122 STAT. 519 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) in paragraph (1), by striking ‘‘$962,286,000’’ and 
inserting ‘‘$736,661,000’’. 
(c) EXCEPTION.—The termination of the authorization of a mili-
tary construction project or land acquisition as a result of the 
amendment made by subsection (a) shall not apply with respect 
to a military construction project or land acquisition— 
(1) that was authorized by section 2301(a) of such Act; 
and 
(2) for which a contract for the construction or acquisition 
was entered into before October 1, 2007. 
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2006 PROJECTS. 
(a) FURTHER MODIFICATION
OF INSIDE
THE UNITED STATES 
PROJECT.—The table in section 2301(a) of the Military Construction 
Authorization Act for Fiscal Year 2006 (division B of Public Law 
109–163; 119 Stat. 3494), as amended by section 2305(a) of the 
Military Construction Authorization Act for Fiscal Year 2007 (divi-
sion B of Public Law 109–364; 120 Stat. 2456), is further amended— 
(1) in the item relating to Edwards Air Force Base, Cali-
fornia, by striking ‘‘$103,000,000’’ in the amount column and 
inserting ‘‘$111,500,000’’; and 
(2) in the item relating to MacDill Air Force Base, Florida, 
by striking ‘‘$101,500,000’’ in the amount column and inserting 
‘‘$126,500,000’’. 
(b) CONFORMING AMENDMENTS.—Section 2304(b) of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109–163; 119 Stat. 3496), as amended by section 
2305(b) of the Military Construction Authorization Act for Fiscal 
Year 2007 (division B of Public Law 109–364; 120 Stat. 2456), 
is further amended— 
(1) in paragraph (3), by striking ‘‘$66,000,000’’ and inserting 
‘‘$74,500,000’’; and 
(2) in paragraph (4), by striking ‘‘$23,300,000’’ and inserting 
‘‘$48,300,000’’. 
SEC. 2307. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2005 PROJECTS. 
(a) EXTENSION AND RENEWAL.—Notwithstanding section 2701 
of the Military Construction Authorization Act for Fiscal Year 2005 
(division B of Public Law 108–375; 118 Stat. 2116), the authoriza-
tions set forth in the table in subsection (b), as provided in section 
2302 of that Act (118 Stat. 2110), shall remain in effect until 
October 1, 2008, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 2009, whichever is 
later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Air Force: Extension of 2005 Project Authorizations 
Installation or Location 
Project 
Amount 
Davis-Monthan Air Force Base, 
Arizona.
Family housing (250 units)
$48,500,000 
Vandenberg Air Force Base, Cali-
fornia.
Family housing (120 units)
$30,906,000 
MacDill Air Force Base, Florida ....
Family housing (61 units) ...
$21,723,000 
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122 STAT. 520 
PUBLIC LAW 110–181—JAN. 28, 2008 
Air Force: Extension of 2005 Project Authorizations—Continued 
Installation or Location 
Project 
Amount 
Housing maintenance facil-
ity.
$1,250,000 
Columbus Air Force Base, Mis-
sissippi.
Housing management facil-
ity.
$711,000 
Whiteman Air Force Base, Mis-
souri.
Family housing (160 units)
$37,087,000 
Seymour Johnson Air Force Base, 
North Carolina.
Family housing (167 units)
$32,693,000 
Goodfellow Air Force Base, Texas
Family housing (127 units)
$20,604,000 
Ramstein Air Base, Germany ........
USAFE Theater Aerospace 
Operations Support Cen-
ter.
$24,024,000 
SEC. 2308. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2004 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2004 (division B 
of Public Law 108–136; 117 Stat. 1716), authorizations set forth 
in the table in subsection (b), as provided in section 2302 of that 
Act (117 Stat. 1710) and extended by section 2702 of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B 
of Public Law 109–364; 120 Stat. 2464), shall remain in effect 
until October 1, 2008, or the date of the enactment of an Act 
authorizing funds for military construction for fiscal year 2009, 
whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Air Force: Extension of 2004 Project Authorizations 
Installation or Location 
Project 
Amount 
Travis Air Force Base, California ..
Family housing (56 units) ...
$12,723,000 
Eglin Air Force Base, Florida ........
Family housing (279 units)
$32,166,000 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Energy conservation projects. 
Sec. 2403. Authorization of appropriations, Defense Agencies. 
Sec. 2404. Termination or modification of authority to carry out certain fiscal year 
2007 Defense Agencies projects. 
Sec. 2405. Munitions demilitarization facilities, Blue Grass Army Depot, Kentucky, 
and Pueblo Chemical Activity, Colorado. 
Sec. 2406. Extension of authorizations of certain fiscal year 2005 projects. 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2403(a)(1), the Secretary of Defense may acquire real property 
and carry out military construction projects for the installations 
or locations inside the United States, and in the amounts, set 
forth in the following tables: 
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122 STAT. 521 
PUBLIC LAW 110–181—JAN. 28, 2008 
Defense Education Activity 
State 
Installation or Location 
Amount 
North Carolina 
Marine Corps Base, Camp Lejeune ....................
$2,014,000 
Defense Intelligence Agency 
State 
Installation or Location 
Amount 
District of Columbia 
Bolling Air Force Base ...............................
$1,012,000 
Defense Logistics Agency 
State 
Installation or Location 
Amount 
California ........
Port Loma Annex .................................................
$140,000,000 
Florida ............
Naval Air Station, Key West ...............................
$1,874,000 
Hawaii .............
Hickam Air Force Base ........................................
$11,900,000 
New Mexico ....
Kirtland Air Force Base .......................................
$1,800,000 
Ohio .................
Defense Supply Center, Columbus .....................
$4,000,000 
Pennsylvania ..
Defense Distribution Depot, New Cumberland
$21,000,000 
Virginia ...........
Fort Belvoir ...........................................................
$5,000,000 
National Security Agency 
State 
Installation or Location 
Amount 
Maryland ........
Fort Meade ............................................................
$11,901,000 
Special Operations Command 
State 
Installation or Location 
Amount 
California ........
Marine Corps Base, Camp Pendleton .................
$20,030,000 
Naval Amphibious Base, Coronodo .....................
$12,000,000 
Florida ............
Hurlburt Field ......................................................
$29,111,000 
MacDill Air Force Base ........................................
$47,700,000 
Georgia ............
Fort Benning .........................................................
$35,000,000 
Hunter Army Air Field ........................................
$13,800,000 
Kentucky .........
Fort Campbell .......................................................
$53,500,000 
Mississippi ......
Stennis Space Center ...........................................
$10,200,000 
New Mexico ....
Cannon Air Force Base ........................................
$7,500,000 
North Carolina 
Fort Bragg .............................................................
$47,250,000 
Marine Corps Base, Camp Lejeune ....................
$28,210,000 
Virginia ...........
Dam Neck .............................................................
$113,800,000 
Naval Amphibious Base, Little Creek ................
$48,000,000 
Washington .....
Fort Lewis .............................................................
$77,000,000 
TRICARE Management Activity 
State 
Installation or Location 
Amount 
Florida ............
MacDill Air Force Base ........................................
$5,000,000 
Illinois .............
Naval Hospital, Great Lakes ...............................
$99,000,000 
New York ........
Fort Drum .............................................................
$41,000,000 
Texas ...............
Camp Bullis ..........................................................
$7,400,000 
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122 STAT. 522 
PUBLIC LAW 110–181—JAN. 28, 2008 
TRICARE Management Activity—Continued 
State 
Installation or Location 
Amount 
Virginia ...........
Naval Station, Norfolk .........................................
$6,450,000 
Washington .....
Fort Lewis .............................................................
$21,000,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2403(a)(2), the Secretary of Defense may acquire real property 
and carry out military construction projects for the installations 
or locations outside the United States, and in the amounts, set 
forth in the following tables: 
Defense Education Activity 
Country 
Installation or Location 
Amount 
Belgium ................
Sterrebeek ........................................................
$5,992,000 
Germany ..............
Ramstein Air Base ..........................................
$5,393,000 
Wiesbaden Air Base ........................................
$20,472,000 
Special Operations Command 
Country 
Installation or Location 
Amount 
Bahrain ................
Southwest Asia ................................................
$19,000,000 
Qatar ....................
Al Udeid AB .....................................................
$52,852,000 
TRICARE Management Activity 
Country 
Installation or Location 
Amount 
Germany ..............
Spangdahlem Air Base ...................................
$30,100,000 
(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated 
pursuant to the authorization of appropriations in section 
2403(a)(3), the Secretary of Defense may acquire real property 
and carry out military construction projects for unspecified installa-
tions or locations in the amount set forth in the following table: 
Defense Agencies: Unspecified Worldwide 
Location 
Installation or Location 
Amount 
Worldwide Classified 
Classified Project ........................................
$1,887,000 
SEC. 2402. ENERGY CONSERVATION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2403(a)(7), the Secretary of Defense may 
carry out energy conservation projects under chapter 173 of title 
10, United States Code, in the amount of $70,000,000. 
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2007, for 
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122 STAT. 523 
PUBLIC LAW 110–181—JAN. 28, 2008 
military construction, land acquisition, and military family housing 
functions of the Department of Defense (other than the military 
departments) in the total amount of $1,763,120,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2401(a), $791,902,000. 
(2) For military construction projects outside the United 
States authorized by section 2401(b), $133,809,000. 
(3) For the military construction projects at unspecified 
worldwide locations authorized by section 2301(c), $1,887,000. 
(4) For unspecified minor military construction projects 
under section 2805 of title 10, United States Code, $23,711,000. 
(5) For contingency construction projects of the Secretary 
of Defense under section 2804 of title 10, United States Code, 
$5,000,000. 
(6) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$155,569,000. 
(7) For energy conservation projects authorized by section 
2402 of this Act, $70,000,000. 
(8) For military family housing functions: 
(A) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $48,848,000. 
(B) For credit to the Department of Defense Family 
Housing 
Improvement 
Fund 
established 
by 
section 
2883(a)(1) of title 10, United States Code, $500,000. 
(9) For the construction of increment 3 of the regional 
security operations center at Kunia, Hawaii, authorized by 
section 2401(a) of the Military Construction Authorization Act 
of Fiscal Year 2006 (division B of Public Law 109–163; 119 
Stat. 3497), as amended by section 7017 of the Emergency 
Supplemental Appropriations Act for Defense, the Global War 
on Terror, and Hurricane Recovery, 2006 (Public Law 109– 
234; 120 Stat. 485), $136,318,000. 
(10) For the construction of increment 3 of the regional 
security operations center at Augusta, Georgia, authorized by 
section 2401(a) of the Military Construction Authorization Act 
of Fiscal Year 2006 (division B of Public Law 109–163; 119 
Stat. 3497), as amended by section 7016 of the Emergency 
Supplemental Appropriations Act for Defense, the Global War 
on Terror, and Hurricane Recovery, 2006 (Public Law 109– 
234; 120 Stat. 485), $100,000,000. 
(11) For the construction of increment 2 of the health 
clinic replacement at MacDill Air Force Base, Florida, author-
ized by section 2401(a) of the Military Construction Authoriza-
tion Act of Fiscal Year 2007 (division B of Public Law 109– 
364; 120 Stat. 2457), $41,400,000. 
(12) For the construction of increment 2 of the replacement 
of the Army Medical Research Institute of Infectious Diseases 
at Fort Detrick, Maryland, authorized by section 2401(a) of 
the Military Construction Authorization Act of Fiscal Year 2007 
(division B of Public Law 109–364; 120 Stat. 2457), 
$150,000,000. 
(13) For the construction of increment 9 of a munitions 
demilitarization facility at Pueblo Chemical Activity, Colorado, 
authorized by section 2401(a) of the Military Construction 
Authorization Act for Fiscal Year 1997 (division B of Public 
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122 STAT. 524 
PUBLIC LAW 110–181—JAN. 28, 2008 
Law 104–201; 110 Stat. 2775), as amended by section 2406 
of the Military Construction Authorization Act for Fiscal Year 
2000 (division B of Public Law 106–65; 113 Stat. 839) and 
section 2407 of the Military Construction Authorization Act 
for Fiscal Year 2003 (division B of Public Law 107–314; 116 
Stat. 2698), $35,159,000. 
(14) For the construction of increment 8 of a munitions 
demilitarization facility at Blue Grass Army Depot, Kentucky, 
authorized by section 2401(a) of the Military Construction 
Authorization Act for Fiscal Year 2000 (division B of Public 
Law 106–65; 113 Stat. 835), as amended by section 2405 of 
the Military Construction Authorization Act for Fiscal Year 
2002 (division B of Public Law 107–107; 115 Stat. 1298) and 
section 2405 of the Military Construction Authorization Act 
for Fiscal Year 2003 (division B of Public Law 107–314; 116 
Stat. 2698), $69,017,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2401 of this Act may not exceed the sum of the following: 
(1) The total amount authorized to be appropriated under 
paragraphs (1), (2), and (3) of subsection (a). 
(2) $84,300,000 (the balance of the amount authorized for 
the Defense Logistics Agency under section 2401(a) for the 
replacement of fuel storage facilities, Point Loma Annex, Cali-
fornia). 
(3) $47,250,000 (the balance of the amount authorized for 
the Special Operations Command under section 2401(a) for 
a special operations forces operations facility at Dam Neck, 
Virginia). 
SEC. 2404. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY 
OUT CERTAIN FISCAL YEAR 2007 DEFENSE AGENCIES 
PROJECTS. 
(a) TERMINATION OF PROJECTS FOR WHICH FUNDS WERE NOT 
APPROPRIATED.—The table relating to Special Operations Command 
in section 2401(a) of the Military Construction Authorization Act 
for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 
2457) is amended— 
(1) by striking the item relating to Stennis Space Center, 
Mississippi; and 
(2) in the item relating to Fort Bragg, North Carolina, 
by striking ‘‘$51,768,000’’ in the amount column and inserting 
‘‘$44,868,000’’. 
(b) MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN BASE 
CLOSURE AND REALIGNMENT ACTIVITIES.—Section 2405(a)(7) of that 
Act (120 Stat. 2460) is amended by striking ‘‘$191,220,000’’ and 
inserting ‘‘$252,279,000’’. 
(c) MODIFICATION OF MUNITIONS DEMILITARIZATION FACILITY 
PROJECT.—Section 2405(a)(15) of that Act (120 Stat. 2461) is 
amended by striking ‘‘$99,157,000’’ and inserting ‘‘$89,157,000’’. 
(d) CONFORMING AMENDMENTS.—Section 2405(a) of that Act 
(120 Stat. 2460) is amended— 
(1) in the matter preceding paragraph (1), by striking 
‘‘$7,163,431,000’’ and inserting ‘‘$7,197,390,000’’; and 
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122 STAT. 525 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) in paragraph (1), by striking ‘‘$533,099,000’’ and 
inserting ‘‘$515,999,000’’. 
SEC. 2405. MUNITIONS DEMILITARIZATION FACILITIES, BLUE GRASS 
ARMY DEPOT, KENTUCKY, AND PUEBLO CHEMICAL 
ACTIVITY, COLORADO. 
(a) MUNITIONS DEMILITARIZATION FACILITY, BLUE GRASS ARMY 
DEPOT.— 
(1) AUTHORITY TO INCREASE AMOUNT FOR CONSTRUCTION.— 
Consistent with the total project amount authorized for the 
construction a munitions demilitarization facility at Blue Grass 
Army Depot, Kentucky, by section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 2000 (division 
B of Public Law 106–65; 113 Stat. 836), as amended by section 
2405 of the Military Construction Authorization Act for Fiscal 
Year 2002 (division B of Public Law 107–107; 115 Stat. 1298) 
and section 2405 of the Military Construction Authorization 
Act for Fiscal Year 2003 (division B of Public Law 107–314; 
116 Stat. 2698), the Secretary of Defense may transfer amounts 
of authorizations made available by section 2403(a)(1) of this 
Act to increase amounts available for the construction of incre-
ment 8 of such munitions demilitarization facility. 
(2) AGGREGATE LIMIT.—The aggregate amount of authoriza-
tions that the Secretary may transfer under the authority of 
this subsection may not exceed $17,300,000. 
(b) MUNITIONS DEMILITARIZATION FACILITY, PUEBLO CHEMICAL 
ACTIVITY.— 
(1) AUTHORITY TO INCREASE AMOUNT FOR CONSTRUCTION.— 
Consistent with the total project amount authorized for the 
construction a munitions demilitarization facility at Pueblo 
Chemical Activity, Colorado, by section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 1997 (Public 
Law 104–201; 110 Stat. 2775), as amended by section 2406 
of the Military Construction Authorization Act for Fiscal Year 
2000 (division B of Public Law 106–65; 113 Stat. 839) and 
section 2407 of the Military Construction Authorization Act 
for Fiscal Year 2003 (division B of Public Law 107–314; 116 
Stat. 2698), the Secretary of Defense may transfer amounts 
of authorizations made available by section 2403(a)(1) of this 
Act to increase amounts available for the construction of incre-
ment 9 of such munitions demilitarization facility. 
(2) AGGREGATE LIMIT.—The aggregate amount of authoriza-
tions that the Secretary may transfer under the authority of 
this subsection may not exceed $32,000,000. 
(c) 
CERTIFICATION
REQUIREMENT.—Before 
exercising 
the 
authority provided in subsection (a) or (b), the Secretary of Defense 
shall provide to the congressional defense committees— 
(1) a certification that the transfer under such subsection 
of amounts authorized to be appropriated is in the best interest 
of national security; and 
(2) a statement that the increased amount authorized to 
be appropriated will be used to carry out authorized military 
construction activities. 
SEC. 2406. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2005 PROJECTS. 
(a) EXTENSION AND RENEWAL.—Notwithstanding section 2701 
of the Military Construction Authorization Act for Fiscal Year 2005 
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122 STAT. 526 
PUBLIC LAW 110–181—JAN. 28, 2008 
(division B of Public Law 108–375; 118 Stat. 2116), the authoriza-
tions set forth in the table in subsection (b), as provided in section 
2401 of that Act (118 Stat. 2112), shall remain in effect until 
October 1, 2008, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 2009, whichever is 
later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Defense Agencies: Extension of 2005 Project Authorizations 
Installation or Location 
Agency and Project 
Amount 
Naval Air Station, Oceana, Virginia ..
DLA bulk fuel storage 
tank.
$3,589,000 
Naval Air Station, Jacksonville, Flor-
ida.
TMA hospital project .....
$28,438,000 
TITLE XXV—NORTH ATLANTIC TREATY 
ORGANIZATION 
SECURITY 
INVEST-
MENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment Program as pro-
vided in section 2806 of title 10, United States Code, in an amount 
not to exceed the sum of the amount authorized to be appropriated 
for this purpose in section 2502 and the amount collected from 
the North Atlantic Treaty Organization as a result of construction 
previously financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2007, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States 
Code, for the share of the United States of the cost of projects 
for the North Atlantic Treaty Organization Security Investment 
Program authorized by section 2501, in the amount of $201,400,000. 
TITLE XXVI—GUARD AND RESERVE 
FORCES FACILITIES 
Sec. 2601. Authorized Army National Guard construction and land acquisition 
projects. 
Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 
land acquisition projects. 
Sec. 2604. Authorized Air National Guard construction and land acquisition 
projects. 
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 
Sec. 2606. Authorization of appropriations, National Guard and Reserve. 
Sec. 2607. Termination of authority to carry out fiscal year 2007 Guard and Re-
serve projects for which funds were not appropriated. 
Sec. 2608. Modification of authority to carry out fiscal year 2006 Air Force Reserve 
construction and acquisition projects. 
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122 STAT. 527 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 2609. Extension of authorizations of certain fiscal year 2005 projects. 
Sec. 2610. Extension of authorizations of certain Fiscal Year 2004 projects. 
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(1)(A), the Secretary of the Army 
may acquire real property and carry out military construction 
projects for the Army National Guard locations, and in the amounts, 
set forth in the following table: 
Army National Guard 
State 
Location 
Amount 
Alabama ..........................
Springville ................................................
$3,300,000 
Arizona ............................
Florence ....................................................
$10,870,000 
Arkansas .........................
Camp Robinson ........................................
$25,823,000 
California .........................
Camp Roberts ..........................................
$2,850,000 
Sacramento Army Depot .........................
$21,000,000 
Connecticut .....................
Niantic ......................................................
$13,600,000 
Florida .............................
Camp Blanding ........................................
$15,524,000 
Jacksonville ..............................................
$12,200,000 
Idaho ................................
Gowen Field .............................................
$7,615,000 
Orchard Training Area ...........................
$1,700,000 
Illinois ..............................
St. Clair County .......................................
$8,100,000 
Indiana ............................
Muscatatuck .............................................
$4,996,000 
Iowa .................................
Iowa City ..................................................
$13,186,000 
Kentucky .........................
London ......................................................
$2,427,000 
Michigan ..........................
Camp Grayling .........................................
$2,450,000 
Lansing .....................................................
$4,239,000 
Minnesota ........................
Camp Ripley .............................................
$17,450,000 
Mississippi .......................
Camp Shelby ............................................
$4,000,000 
Missouri ...........................
Whiteman Air Force Base .......................
$30,000,000 
North Carolina ................
Asheville ...................................................
$3,733,000 
North Dakota ..................
Camp Grafton ..........................................
$33,416,000 
Oregon .............................
Ontario .....................................................
$11,000,000 
Pennsylvania ...................
Carlisle .....................................................
$7,800,000 
East Fallowfield Township .....................
$8,300,000 
Fort Indiantown Gap ...............................
$9,500,000 
Gettysburg ................................................
$6,300,000 
Graterford ................................................
$7,300,000 
Hanover ....................................................
$5,500,000 
Hazelton ...................................................
$5,600,000 
Holidaysburg ............................................
$9,400,000 
Huntingdon ..............................................
$7,500,000 
Kutztown ..................................................
$6,800,000 
Lebanon ....................................................
$7,800,000 
Philadelphia .............................................
$13,650,000 
Waynesburg .............................................
$9,000,000 
Rhode Island ...................
East Greenwich ........................................
$8,200,000 
North Kingstown .....................................
$33,000,000 
Texas ................................
Camp Bowie .............................................
$1,500,000 
Fort Wolters .............................................
$2,100,000 
Utah .................................
North Salt Lake .......................................
$12,200,000 
Vermont ...........................
Ethan Allen Range ..................................
$1,996,000 
Virginia ............................
Fort Pickett ..............................................
$26,211,000 
Winchester ...............................................
$3,113,000 
West Virginia ..................
Camp Dawson ..........................................
$9,400,000 
Wyoming ..........................
Camp Guernsey .......................................
$2,650,000 
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122 STAT. 528 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(1)(B), the Secretary of the Army 
may acquire real property and carry out military construction 
projects for the Army Reserve locations, and in the amounts, set 
forth in the following table: 
Army Reserve 
State 
Location 
Amount 
California .........................
BT Collins ................................................
$6,874,000 
Fort Hunter Liggett .................................
$7,035,000 
Garden Grove ...........................................
$25,440,000 
Montana ..........................
Butte .........................................................
$7,629,000 
New Jersey ......................
Fort Dix ....................................................
$22,900,000 
New York .........................
Fort Drum ................................................
$15,923,000 
Texas ................................
Ellington Field .........................................
$15,000,000 
Fort Worth ...............................................
$15,076,000 
Wisconsin ........................
Ellsworth ..................................................
$9,100,000 
Fort McCoy ...............................................
$8,523,000 
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 
CONSTRUCTION AND LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(a)(2), the Secretary of the Navy 
may acquire real property and carry out military construction 
projects for the Navy Reserve and Marine Corps Reserve locations, 
and in the amounts, set forth in the following table: 
Navy Reserve and Marine Corps Reserve 
State 
Location 
Amount 
California .........................
Miramar ...................................................
$5,580,000 
Michigan ..........................
Selfridge ...................................................
$4,030,000 
Ohio .................................
Wright-Patterson Air Force Base ...........
$10,277,000 
Oregon .............................
Portland ....................................................
$1,900,000 
South Dakota ..................
Sioux Falls ...............................................
$3,730,000 
Texas ................................
Austin .......................................................
$6,490,000 
Fort Worth ...............................................
$27,484,000 
Virginia ............................
Quantico ...................................................
$2,410,000 
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(3)(A), the Secretary of the Air Force 
may acquire real property and carry out military construction 
projects for the Air National Guard locations, and in the amounts, 
set forth in the following table: 
Air National Guard 
State 
Location 
Amount 
Colorado ..........................
Buckley Air National Guard Base ........
$7,300,000 
Delaware .........................
New Castle ..............................................
$10,800,000 
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122 STAT. 529 
PUBLIC LAW 110–181—JAN. 28, 2008 
Air National Guard—Continued 
State 
Location 
Amount 
Florida ............................
Jacksonville International Airport ........
$6,000,000 
Georgia ...........................
Savannah International Airport ...........
$9,000,000 
Indiana ...........................
Hulman Regional Airport ......................
$7,700,000 
Kansas ............................
Smoky Hill Air National Guard Range 
$9,000,000 
Louisiana ........................
Camp Beauregard ...................................
$1,800,000 
Massachusetts ................
Otis Air National Guard Base ...............
$1,800,000 
Barnes Air National Guard Base ..........
$7,300,000 
Mississippi ......................
Key Field .................................................
$6,100,000 
Nebraska ........................
Lincoln .....................................................
$8,900,000 
Nevada ............................
Reno-Tahoe International Airport ........
$5,200,000 
New Hampshire .............
Pease Air National Guard Base ............
$8,900,000 
New Jersey .....................
Atlantic City ...........................................
$9,800,000 
New York ........................
Gabreski Airport .....................................
$8,400,000 
Griffiss .....................................................
$6,600,000 
Hancock Field .........................................
$5,100,000 
North Carolina ...............
Charlotte .................................................
$4,000,000 
Ohio .................................
Rickenbacker Air National Guard Base 
$7,600,000 
Pennsylvania ..................
Fort Indiantown Gap .............................
$12,700,000 
Harrisburg ..............................................
$1,000,000 
Rhode Island ..................
Quonset State Airport ............................
$5,000,000 
South Dakota .................
Joe Foss Field .........................................
$7,900,000 
Tennessee .......................
Lovell Field .............................................
$8,200,000 
McGhee-Tyson Airport ...........................
$3,200,000 
Memphis International Airport .............
$11,376,000 
Texas ...............................
Ellington Field ........................................
$7,200,000 
Vermont ..........................
Burlington ...............................................
$6,600,000 
West Virginia .................
Eastern WV Regional Airport ...............
$50,776,000 
Yeager .....................................................
$17,300,000 
Wisconsin ........................
Truax Field .............................................
$7,000,000 
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(3)(B), the Secretary of the Air Force 
may acquire real property and carry out military construction 
projects for the Air Force Reserve locations, and in the amounts, 
set forth in the following table: 
Air Force Reserve 
State 
Location 
Amount 
Alaska ..............................
Elmendorf Air Force Base .......................
$14,950,000 
Utah .................................
Hill Air Force Base ..................................
$3,200,000 
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 
AND RESERVE. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2007, for the costs of acquisition, 
architectural and engineering services, and construction of facilities 
for the Guard and Reserve Forces, and for contributions therefor, 
under chapter 1803 of title 10, United States Code (including the 
cost of acquisition of land for those facilities), in the following 
amounts: 
(1) For the Department of the Army— 
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122 STAT. 530 
PUBLIC LAW 110–181—JAN. 28, 2008 
(A) for the Army National Guard of the United States, 
$536,656,000; and 
(B) for the Army Reserve, $148,133,000. 
(2) For the Department of the Navy, for the Navy and 
Marine Corps Reserve, $64,430,000. 
(3) For the Department of the Air Force— 
(A) for the Air National Guard of the United States, 
$287,537,000; and 
(B) for the Air Force Reserve, $28,359,000. 
SEC. 2607. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 
2007 GUARD AND RESERVE PROJECTS FOR WHICH FUNDS 
WERE NOT APPROPRIATED. 
Section 2601 of the Military Construction Authorization Act 
for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 
2463) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘$561,375,000’’ 
and inserting ‘‘$476,697,000’’; and 
(B) in subparagraph (B), by striking ‘‘$190,617,000’’ 
and inserting ‘‘$167,987,000’’; 
(2) in paragraph (2), by striking ‘‘49,998,000’’ and inserting 
‘‘$43,498,000’’; and 
(3) in paragraph (3)— 
(A) in subparagraph (A), by striking ‘‘$294,283,000’’ 
and inserting ‘‘$133,983,000’’; and 
(B) in subparagraph (B), by striking ‘‘$56,836,000’’ and 
inserting ‘‘$47,436,000’’. 
SEC. 2608. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 
2006 AIR FORCE RESERVE CONSTRUCTION AND ACQUISI-
TION PROJECTS. 
Section 2601(3)(B) of the Military Construction Authorization 
Act for Fiscal Year 2006 (division B of Public Law 109–163; 119 
Stat. 3501) is amended by striking ‘‘$105,883,000’’ and inserting 
‘‘$102,783,000’’. 
SEC. 2609. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2005 PROJECTS. 
(a) EXTENSION AND RENEWAL.—Notwithstanding section 2701 
of the Military Construction Authorization Act for Fiscal Year 2005 
(division B of Public Law 108–375; 118 Stat. 2116), the authoriza-
tions set forth in the tables in subsection (b), as provided in section 
2601 of that Act (118 Stat. 2115), shall remain in effect until 
October 1, 2008, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 2009, whichever is 
later. 
(b) TABLES.—The tables referred to in subsection (a) are as 
follows: 
Army National Guard: Extension of 2005 Project Authorizations 
Installation or Location 
Project 
Amount 
Dublin, California ................................
Readiness center ............
$11,318,000 
Gary, Indiana .......................................
Reserve center ................
$9,380,000 
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122 STAT. 531 
PUBLIC LAW 110–181—JAN. 28, 2008 
Army Reserve: Extension of 2005 Project Authorization 
Installation or Location 
Project 
Amount 
Corpus Christi (Robstown), Texas ......
Storage facility ...............
$9,038,000 
SEC. 2610. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2004 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2004 (division B 
of Public Law 108–136; 117 Stat. 1716), the authorizations set 
forth in the table in subsection (b), as provided in section 2601 
of that Act (117 Stat. 1715) and extended by section 2702 of the 
Military Construction Authorization Act for Fiscal Year 2007 (divi-
sion B of Public Law 109–364; 120 Stat. 2464), shall remain in 
effect until October 1, 2008, or the date of the enactment of an 
Act authorizing funds for military construction for fiscal year 2009, 
whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Army National Guard: Extension of 2004 Project Authorizations 
Installation or Location 
Project 
Amount 
Albuquerque, New Mexico .............
Readiness center ..................
$2,533,000 
Fort Indiantown Gap, Pennsyl-
vania.
Multi-purpose training 
range.
$15,338,000 
TITLE XXVII—BASE CLOSURE AND 
REALIGNMENT ACTIVITIES 
Sec. 2701. Authorization of appropriations for base closure and realignment activi-
ties funded through Department of Defense Base Closure Account 1990. 
Sec. 2702. Authorized base closure and realignment activities funded through De-
partment of Defense Base Closure Account 2005. 
Sec. 2703. Authorization of appropriations for base closure and realignment activi-
ties funded through Department of Defense Base Closure Account 2005. 
Sec. 2704. Authorized cost and scope of work variations for military construction 
and military family housing projects related to base closures and re-
alignments. 
Sec. 2705. Transfer of funds from Department of Defense Base Closure Account 
2005 to Department of Defense Housing Funds. 
Sec. 2706. Comprehensive accounting of funding required to ensure timely imple-
mentation of 2005 Defense Base Closure and Realignment Commission 
recommendations. 
Sec. 2707. Relocation of units from Roberts United States Army Reserve Center 
and Navy-Marine Corps Reserve Center, Baton Rouge, Louisiana. 
Sec. 2708. Acquisition of real property, Fort Belvoir, Virginia, as part of the re-
alignment of the installation. 
Sec. 2709. Report on availability of traffic infrastructure and facilities to support 
base realignment. 
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE 
AND 
REALIGNMENT 
ACTIVITIES 
FUNDED 
THROUGH 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
1990. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2007, for base closure and realign-
ment activities, including real property acquisition and military 
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122 STAT. 532 
PUBLIC LAW 110–181—JAN. 28, 2008 
construction projects, as authorized by the Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX of Public Law 
101–510; 10 U.S.C. 2687 note) and funded through the Department 
of Defense Base Closure Account 1990 established by section 2906 
of such Act, in the total amount of $295,689,000, as follows: 
(1) For the Department of the Army, $98,716,000. 
(2) For the Department of the Navy, $50,000,000. 
(3) For the Department of the Air Force, $143,260,000. 
(4) For the Defense Agencies, $3,713,000. 
SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVI-
TIES FUNDED THROUGH DEPARTMENT OF DEFENSE 
BASE CLOSURE ACCOUNT 2005. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2703, the Secretary of Defense may carry 
out base closure and realignment activities, including real property 
acquisition and military construction projects, as authorized by 
the Defense Base Closure and Realignment Act of 1990 (part A 
of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and 
funded through the Department of Defense Base Closure Account 
2005 established by section 2906A of such Act, in the amount 
of $8,718,988,000. 
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE 
AND 
REALIGNMENT 
ACTIVITIES 
FUNDED 
THROUGH 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
2005. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2007, for base closure and realignment activities, 
including real property acquisition and military construction 
projects, as authorized by the Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public Law 101–510; 
10 U.S.C. 2687 note) and funded through the Department of Defense 
Base Closure Account 2005 established by section 2906A of such 
Act, in the total amount of $8,040,401,000, as follows: 
(1) For the Department of the Army, $4,015,746,000. 
(2) For the Department of the Navy, $733,695,000. 
(3) For the Department of the Air Force, $1,183,812,000. 
(4) For the Defense Agencies, $2,241,062,000. 
(b) GENERAL REDUCTION.—The amount otherwise authorized 
to be appropriated by subsection (a) is reduced by $133,914,000. 
SEC. 2704. AUTHORIZED COST AND SCOPE OF WORK VARIATIONS FOR 
MILITARY 
CONSTRUCTION 
AND 
MILITARY 
FAMILY 
HOUSING PROJECTS RELATED TO BASE CLOSURES AND 
REALIGNMENTS. 
(a) VARIATIONS AUTHORIZED.—Section 2905A of the Defense 
Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101–510; 10 U.S.C. 2687 note) is amended by adding 
at the end the following new subsection: 
‘‘(f) AUTHORIZED COST AND SCOPE OF WORK VARIATIONS.—(1) 
Subject to paragraphs (2) and (3), the cost authorized for a military 
construction project or military family housing project to be carried 
out using funds in the Account may not be increased or reduced 
by more than 20 percent or $2,000,000, whichever is greater, of 
the amount specified for the project in the conference report to 
accompany the Military Construction Authorization Act authorizing 
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122 STAT. 533 
PUBLIC LAW 110–181—JAN. 28, 2008 
the project. The scope of work for such a project may not be 
reduced by more than 25 percent from the scope specified in the 
most recent budget documents for the projects listed in such con-
ference report. 
‘‘(2) Paragraph (1) shall not apply to a military construction 
project or military family housing project to be carried out using 
funds in the Account with an estimated cost of less than $5,000,000, 
unless the project has not been previously identified in any budget 
submission for the Account and exceeds the applicable minor 
construction threshold under section 2805 of title 10, United States 
Code. 
‘‘(3) The limitation on cost or scope variation in paragraph 
(1) shall not apply if the Secretary of Defense makes a determina-
tion that an increase or reduction in cost or a reduction in the 
scope of work for a military construction project or military family 
housing project to be carried out using funds in the Account needs 
to be made for the sole purpose of meeting unusual variations 
in cost or scope. If the Secretary makes such a determination, 
the Secretary shall notify the congressional defense committees 
of the variation in cost or scope not later than 21 days before 
the date on which the variation is made in connection with the 
project or, if the notification is provided in an electronic medium 
pursuant to section 480 of title 10, United States Code, not later 
than 14 days before the date on which the variation is made. 
The Secretary shall include the reasons for the variation in the 
notification.’’. 
(b) REPORT ON EXISTING PROJECTS.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report speci-
fying all military construction projects and military family housing 
projects carried out using funds in the Department of Defense 
Base Closure Account 2005 for which a cost or scope of work 
variation was made before that date that would have been subject 
to subsection (f) of section 2905A of the Defense Base Closure 
and Realignment Act of 1990, as added by this section, if such 
subsection had been in effect when the cost or scope of work 
variation was made. The Secretary shall include a description of 
each variation covered by the report and the reasons for the vari-
ation. 
SEC. 2705. TRANSFER OF FUNDS FROM DEPARTMENT OF DEFENSE 
BASE CLOSURE ACCOUNT 2005 TO DEPARTMENT OF 
DEFENSE HOUSING FUNDS. 
(a) TRANSFER AUTHORITY.—Subsection (c) of section 2883 of 
title 10, United States Code, is amended— 
(1) in paragraph (1), by adding at the end the following 
new subparagraph: 
‘‘(G) Subject to subsection (f), any amounts that the Sec-
retary of Defense transfers to that Fund from amounts in 
the Department of Defense Base Closure Account 2005.’’; and 
(2) in paragraph (2), by adding at the end the following 
new subparagraph: 
‘‘(G) Subject to subsection (f), any amounts that the Sec-
retary of Defense transfers to that Fund from amounts in 
the Department of Defense Base Closure Account 2005.’’. 
(b) NOTIFICATION
AND JUSTIFICATION
FOR TRANSFER.—Sub-
section (f) of such section is amended— 
Notification. 
Deadlines. 
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122 STAT. 534 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) by striking ‘‘paragraph (1)(B) or (2)(B)’’ and inserting 
‘‘subparagraph (B) or (G) of paragraph (1) or subparagraph 
(B) or (G) of paragraph (2)’’; and 
(2) by adding at the end the following new sentence: ‘‘In 
addition, the notice required in connection with a transfer 
under subparagraph (G) of paragraph (1) or subparagraph (G) 
of paragraph (2) shall include a certification that the amounts 
to be transferred from the Department of Defense Base Closure 
Account 2005 were specified in the conference report to accom-
pany the most recent Military Construction Authorization Act.’’. 
SEC. 2706. COMPREHENSIVE ACCOUNTING OF FUNDING REQUIRED TO 
ENSURE TIMELY IMPLEMENTATION OF 2005 DEFENSE 
BASE CLOSURE AND REALIGNMENT COMMISSION REC-
OMMENDATIONS. 
The Secretary of Defense shall submit to Congress with the 
budget materials for fiscal year 2009 a comprehensive accounting 
of the funding required to ensure that the plan for implementing 
the final recommendations of the 2005 Defense Base Closure and 
Realignment Commission remains on schedule for completion by 
September 15, 2011, as required by section 2904(c)(5) of the Defense 
Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101–510; 10 U.S.C. 2687 note). 
SEC. 2707. RELOCATION OF UNITS FROM ROBERTS UNITED STATES 
ARMY RESERVE CENTER AND NAVY-MARINE CORPS 
RESERVE CENTER, BATON ROUGE, LOUISIANA. 
The Secretary of the Army may use funds appropriated pursu-
ant to the authorization of appropriations in paragraphs (1) and 
(2) of section 2703 for the purpose of siting an Army Reserve 
Center and Navy and Marine Corps Reserve Center on land under 
the control of the State of Louisiana adjacent to, or in the vicinity 
of, the Baton Rouge Metropolitan Airport in Baton Rouge, Lou-
isiana, at a location determined by the Secretary to be in the 
best interest of national security and in the public interest. 
SEC. 2708. ACQUISITION OF REAL PROPERTY, FORT BELVOIR, VIR-
GINIA, 
AS 
PART 
OF 
THE 
REALIGNMENT 
OF 
THE 
INSTALLATION. 
(a) ACQUISITION AUTHORITY.—Pursuant to section 2905(a)(1)(A) 
of the Defense Base Closure and Realignment Act of 1990 (part 
A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note), 
the relocation of members of the Armed Forces and civilian 
employees of the Department of Defense who are scheduled to 
be relocated to Fort Belvoir, Virginia, shall be limited to the fol-
lowing locations: 
(1) Fort Belvoir. 
(2) A parcel of real property consisting of approximately 
69.5 acres, under the administrative jurisdiction of the Adminis-
trator of General Services (in this section referred to as the 
‘‘Administrator’’) and containing warehouse facilities in Spring-
field, Virginia (in this section referred to as the ‘‘GSA Prop-
erty’’). 
(3) Any other parcels of land (using including any improve-
ment thereon) that are acquired, using competitive procedures, 
in fee in the vicinity of Fort Belvoir. 
(b) ACQUISITION SELECTION CRITERIA.—The Secretary of the 
Army shall select the site to be used under subsection (a) based 
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122 STAT. 535 
PUBLIC LAW 110–181—JAN. 28, 2008 
on the best value to the Government, and, in making that deter-
mination, the Secretary shall consider cost and schedule. 
(c) GSA PROPERTY TRANSFER AUTHORIZED.—Pursuant to the 
relocation alternative authorized by subsection (a)(2), the Adminis-
trator may transfer the GSA Property to the administrative jurisdic-
tion of the Secretary of the Army for the purpose of permitting 
the Secretary to construct facilities on the property to support 
administrative functions to be located at Fort Belvoir, Virginia. 
(d) IMPLEMENTATION OF GSA PROPERTY TRANSFER.— 
(1) CONSIDERATION.—As consideration for the transfer of 
the GSA Property under subsection (c), the Secretary of the 
Army shall— 
(A) pay all reasonable costs to move personnel, fur-
nishings, equipment, and other material related to the 
relocation of functions identified by the Administrator; and 
(B) if determined to be necessary by the Adminis-
trator— 
(i) transfer to the administrative jurisdiction of 
the Administrator a parcel of property in the National 
Capital Region under the jurisdiction of the Secretary 
and determined to be suitable by the Administrator; 
(ii) design and construct storage facilities, utilities, 
security measures, and access to a road infrastructure 
on the parcel transferred under clause (i) to meet the 
requirements of the Administrator; and 
(iii) enter into a memorandum of agreement with 
the Administrator for support services and security 
at the new facilities constructed pursuant to clause 
(ii). 
(2) EQUAL VALUE TRANSFER.—As a condition of the transfer 
of the GSA Property under subsection (c), the transfer agree-
ment shall provide that the fair market value of the GSA 
Property and the consideration provided under paragraph (1) 
shall be equal or, if not equal, shall be equalized through 
the use of a cash equalization payment. 
(3) DESCRIPTION
OF
PROPERTY.—The exact acreage and 
legal description of the GSA Property shall be determined by 
surveys satisfactory to the Administrator and the Secretary 
of the Army. 
(4) 
CONGRESSIONAL
NOTICE.—Before 
undertaking 
an 
activity under subsection (c) that would require approval of 
a prospectus under section 3307 of title 40, United States 
Code, the Administrator shall provide to the Committee on 
Transportation and Infrastructure of the House of Representa-
tives, the Committee on Environment and Public Works of 
the Senate, and the congressional defense committees a written 
notice containing a description of the activity to be undertaken. 
(5) NO
EFFECT
ON
COMPLIANCE
WITH
ENVIRONMENTAL 
LAWS.—Nothing in this section or subsection (c) may be con-
strued to affect or limit the application of or obligation to 
comply with any environmental law, including section 120(h) 
of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9620(h)). 
(6) ADDITIONAL
TERMS
AND
CONDITIONS.—The Adminis-
trator and the Secretary of the Army may require such addi-
tional terms and conditions in connection with the GSA Prop-
erty transfer as the Administrator, in consultation with the 
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122 STAT. 536 
PUBLIC LAW 110–181—JAN. 28, 2008 
Secretary, determines appropriate to protect the interests of 
the United States and further the purposes of this section. 
(e) ADMINISTRATION
OF TRANSFERRED
OR ACQUIRED PROP-
ERTY.—Upon completion of any property transfer or acquisition 
authorized by subsection (a), the property shall be administered 
by the Secretary of the Army as a part of Fort Belvoir. 
(f) STATUS REPORT.—Not later than March 1, 2008, the Sec-
retary of the Army shall submit to the congressional defense 
committees a report on the status and estimated costs of imple-
menting subsection (a). 
SEC. 2709. REPORT ON AVAILABILITY OF TRAFFIC INFRASTRUCTURE 
AND FACILITIES TO SUPPORT BASE REALIGNMENT. 
(a) SENSE OF CONGRESS.— 
(1) DESIGNATION
OF
DEFENSE
ACCESS
ROADS.—It is the 
sense of Congress that roads leading onto Fort Belvoir, Virginia, 
and other military installations that will be significantly 
impacted by an increase in the number of members of the 
Armed Forces and civilian employees of the Department of 
Defense assigned to the installation as a result of the 2005 
round of defense base closures and realignments under the 
Defense Base Closure and Realignment Act of 1990 (part A 
of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) 
or any other significant impact resulting from a realignment 
of forces should be considered for designation as defense access 
roads for purposes of section 210 of title 23, United States 
Code. 
(2) FACILITIES AND INFRASTRUCTURE.—It is the sense of 
Congress that the Secretary of Defense should seek to ensure 
that the permanent facilities and infrastructure necessary to 
support the mission of the Armed Forces and the quality of 
life needs of members of the Armed Forces, civilian employees, 
and their families are ready for use at receiving locations 
before units are transferred to such locations as a result of 
the 2005 round of defense base closures and realignments. 
(b) STUDY
OF
MILITARY
INFRASTRUCTURE
AND
SURFACE 
TRANSPORTATION INFRASTRUCTURE.—Not later than April 1, 2008, 
the Comptroller General shall submit to the congressional defense 
committees a report with regard to each military installation that 
will be significantly impacted by an increase in assigned forces 
or civilian personnel, as described in subsection (a), for the purpose 
of determining whether— 
(1) military facility requirements (including quality of life 
projects) will be met before the arrival of assigned forces; and 
(2) the Department of Defense has programmed sufficient 
funding to mitigate community traffic congestion in accordance 
with the defense access roads program under section 210 of 
title 23, United States Code. 
TITLE XXVIII—MILITARY 
CONSTRUCTION GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing Changes 
Sec. 2801. Authority to use operation and maintenance funds for construction 
projects outside the United States. 
Sec. 2802. Clarification of requirement for authorization of military construction. 
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122 STAT. 537 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 2803. Increase in thresholds for unspecified minor military construction 
projects. 
Sec. 2804. Temporary authority to support revitalization of Department of Defense 
laboratories through unspecified minor military construction projects. 
Sec. 2805. Extension of authority to accept equalization payments for facility ex-
changes. 
Sec. 2806. Modifications of authority to lease military family housing. 
Sec. 2807. Expansion of authority to exchange reserve component facilities. 
Sec. 2808. Limitation on use of alternative authority for acquisition and improve-
ment of military housing for privatization of temporary lodging facili-
ties. 
Sec. 2809. Two-year extension of temporary program to use minor military con-
struction authority for construction of child development centers. 
Sec. 2810. Report on housing privatization initiatives. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2821. Requirement to report real property transactions resulting in annual 
costs of more than $750,000. 
Sec. 2822. Continued consolidation of real property provisions without substantive 
change. 
Sec. 2823. Modification of authority to lease non-excess property of the military de-
partments. 
Sec. 2824. Cooperative agreement authority for management of cultural resources 
on certain sites outside military installations. 
Sec. 2825. Agreements to limit encroachments and other constraints on military 
training, testing, and operations. 
Sec. 2826. Expansion to all military departments of Army pilot program for pur-
chase of certain municipal services for military installations. 
Sec. 2827. Prohibition on commercial flights into Selfridge Air National Guard 
Base. 
Sec. 2828. Sense of Congress on Department of Defense actions to protect installa-
tions, ranges, and military airspace from encroachment. 
Sec. 2829. Reports on Army and Marine Corps operational ranges. 
Sec. 2830. Niagara Air Reserve Base, New York, basing report. 
Sec. 2831. Report on the Pinon Canyon Maneuver Site, Colorado. 
Subtitle C—Land Conveyances 
Sec. 2841. Modification of conveyance authority, Marine Corps Base, Camp Pen-
dleton, California. 
Sec. 2842. Grant of easement, Eglin Air Force Base, Florida. 
Sec. 2843. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida. 
Sec. 2844. Modification of lease of property, National Flight Academy at the Na-
tional Museum of Naval Aviation, Naval Air Station, Pensacola, Florida. 
Sec. 2845. Land exchange, Detroit, Michigan. 
Sec. 2846. Transfer of jurisdiction, former Nike missile site, Grosse Ile, Michigan. 
Sec. 2847. Modification to land conveyance authority, Fort Bragg, North Carolina. 
Sec. 2848. Land conveyance, Lewis and Clark United States Army Reserve Center, 
Bismarck, North Dakota. 
Sec. 2849. Land exchange, Fort Hood, Texas. 
Subtitle D—Energy Security 
Sec. 2861. Repeal of congressional notification requirement regarding cancellation 
ceiling for Department of Defense energy savings performance contracts. 
Sec. 2862. Definition of alternative fueled vehicle. 
Sec. 2863. Use of energy efficient lighting fixtures and bulbs in Department of De-
fense facilities. 
Sec. 2864. Reporting requirements relating to renewable energy use by Department 
of Defense to meet Department electricity needs. 
Subtitle E—Other Matters 
Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to Arlington Na-
tional Cemetery. 
Sec. 2872. Transfer of jurisdiction over Air Force Memorial to Department of the 
Air Force. 
Sec. 2873. Report on plans to replace the monument at the Tomb of the Unknowns 
at Arlington National Cemetery, Virginia. 
Sec. 2874. Increased authority for repair, restoration, and preservation of Lafayette 
Escadrille Memorial, Marnes-la-Coquette, France. 
Sec. 2875. Addition of Woonsocket local protection project. 
Sec. 2876. Repeal of moratorium on improvements at Fort Buchanan, Puerto Rico. 
Sec. 2877. Establishment of national military working dog teams monument on 
suitable military installation. 
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122 STAT. 538 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 2878. Report required prior to removal of missiles from 564th Missile Squad-
ron. 
Sec. 2879. Report on condition of schools under jurisdiction of Department of De-
fense Education Activity. 
Sec. 2880. Report on facilities and operations of Darnall Army Medical Center, Fort 
Hood Military Reservation, Texas. 
Sec. 2881. Report on feasibility of establishing a regional disaster response center 
at Kelly Air Field, San Antonio, Texas. 
Sec. 2882. Naming of housing facility at Fort Carson, Colorado, in honor of the 
Honorable Joel Hefley, a former member of the United States House of 
Representatives. 
Sec. 2883. Naming of Navy and Marine Corps Reserve Center at Rock Island, Illi-
nois, in honor of the Honorable Lane Evans, a former member of the 
United States House of Representatives. 
Sec. 2884. Naming of research laboratory at Air Force Rome Research Site, Rome, 
New York, in honor of the Honorable Sherwood L. Boehlert, a former 
member of the United States House of Representatives. 
Sec. 2885. Naming of administration building at Joint Systems Manufacturing Cen-
ter, Lima, Ohio, in honor of the Honorable Michael G. Oxley, a former 
member of the United States House of Representatives. 
Sec. 2886. Naming of Logistics Automation Training Facility, Army Quartermaster 
Center and School, Fort Lee, Virginia, in honor of General Richard H. 
Thompson. 
Sec. 2887. Authority to relocate Joint Spectrum Center to Fort Meade, Maryland. 
Subtitle A—Military Construction Program 
and Military Family Housing Changes 
SEC. 2801. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS 
FOR CONSTRUCTION PROJECTS OUTSIDE THE UNITED 
STATES. 
(a) ONE-YEAR EXTENSION
OF AUTHORITY.—Subsection (a) of 
section 2808 of the Military Construction Authorization Act for 
Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 
1723), as amended by section 2810 of the Military Construction 
Authorization Act for Fiscal Year 2005 (division B of Public Law 
108–375; 118 Stat. 2128), section 2809 of the Military Construction 
Authorization Act for Fiscal Year 2006 (division B of Public Law 
109–163; 119 Stat. 3508), and section 2802 of the Military Construc-
tion Authorization Act for Fiscal Year 2007 (division B of Public 
Law 109–364; 120 Stat. 2466), is further amended by striking 
‘‘2007’’ and inserting ‘‘2008’’. 
(b) PRENOTIFICATION REQUIREMENT.—Subsection (b) of such sec-
tion is amended by striking the first sentence and inserting the 
following new sentences: ‘‘Before using appropriated funds available 
for operation and maintenance to carry out a construction project 
outside the United States that has an estimated cost in excess 
of the amounts authorized for unspecified minor military construc-
tion projects under section 2805(c) of title 10, United States Code, 
the Secretary of Defense shall submit to the congressional commit-
tees specified in subsection (f) a notice regarding the construction 
project. The project may be carried out only after the end of the 
10-day period beginning on the date the notice is received by the 
committees or, if earlier, the end of the 7-day period beginning 
on the date on which a copy of the notification is provided in 
an electronic medium pursuant to section 480 of title 10, United 
States Code.’’. 
(c) ANNUAL LIMITATION
ON USE
OF AUTHORITY.—Subsection 
(c) of such section is amended to read as follows: 
‘‘(c) ANNUAL LIMITATION
ON USE
OF AUTHORITY.—The total 
cost of the construction projects carried out under the authority 
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122 STAT. 539 
PUBLIC LAW 110–181—JAN. 28, 2008 
of this section using, in whole or in part, appropriated funds avail-
able for operation and maintenance shall not exceed $200,000,000 
in a fiscal year.’’. 
(d) CONFORMING AMENDMENT.—Subsection (g) of such section 
is amended by striking ‘‘notice of the’’ and inserting ‘‘advance notice 
of the proposed’’. 
(e) RATIFICATION
OF
PROPOSED
CONSTRUCTION
AND
LAND 
ACQUISITION PROJECTS USING FISCAL YEAR 2007 OPERATION AND 
MAINTENANCE FUNDS.—The nine construction projects outside the 
United States proposed to be carried out using funds appropriated 
to the Department of Defense for operation and maintenance for 
fiscal year 2007, but for which the obligation or expenditure of 
funds was prohibited by subsection (g) of section 2808 of the Military 
Construction Authorization Act for Fiscal Year 2004 (division B 
of Public Law 108–136; 117 Stat. 1723), as added by section 2809 
of the Military Construction Authorization Act for Fiscal Year 2006 
(division B of Public Law 109–163; 119 Stat. 3508), may be carried 
out using such funds after the date of the enactment of this Act 
notwithstanding such subsection (g). 
SEC. 2802. CLARIFICATION OF REQUIREMENT FOR AUTHORIZATION 
OF MILITARY CONSTRUCTION. 
(a) CLARIFICATION OF REQUIREMENT FOR AUTHORIZATION.—Sec-
tion 2802(a) of title 10, United States Code, is amended by inserting 
after ‘‘military construction projects’’ the following: ‘‘, land acquisi-
tions, and defense access road projects (as described under section 
210 of title 23)’’. 
(b) CLARIFICATION OF DEFINITION.—Section 2801(a) of such title 
is amended by inserting after ‘‘permanent requirements’’ the fol-
lowing: ‘‘, or any acquisition of land or construction of a defense 
access road (as described in section 210 of title 23)’’. 
SEC. 2803. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR MILI-
TARY CONSTRUCTION PROJECTS. 
Section 2805(a)(1) of title 10, United States Code, is amended 
by striking ‘‘$1,500,000’’ and inserting ‘‘$2,000,000’’. 
SEC. 2804. TEMPORARY AUTHORITY TO SUPPORT REVITALIZATION OF 
DEPARTMENT OF DEFENSE LABORATORIES THROUGH 
UNSPECIFIED 
MINOR 
MILITARY 
CONSTRUCTION 
PROJECTS. 
(a) LABORATORY REVITALIZATION.—Section 2805 of title 10, 
United States Code, is amended— 
(1) by redesignating subsection (d) as subsection (e); and 
(2) by inserting after subsection (c) the following new sub-
section (d): 
‘‘(d) LABORATORY REVITALIZATION.—(1) For the revitalization 
and recapitalization of laboratories owned by the United States 
and under the jurisdiction of the Secretary concerned, the Secretary 
concerned may obligate and expend— 
‘‘(A) from appropriations available to the Secretary con-
cerned for operation and maintenance, amounts necessary to 
carry out an unspecified minor military construction project 
costing not more than $2,000,000; or 
‘‘(B) from appropriations available to the Secretary con-
cerned for military construction not otherwise authorized by 
law, amounts necessary to carry out an unspecified minor mili-
tary construction project costing not more than $4,000,000. 
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122 STAT. 540 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(2) For an unspecified minor military construction project con-
ducted pursuant to this subsection, $2,000,000 shall be deemed 
to be the amount specified in subsection (b)(1) regarding when 
advance approval of the project by the Secretary concerned and 
congressional notification is required. The Secretary of Defense 
shall establish procedures for the review and approval of requests 
from the Secretary of a military department to carry out a construc-
tion project under this subsection. 
‘‘(3) For purposes of this subsection, the total amount allowed 
to be applied in any one fiscal year to projects at any one laboratory 
shall be limited to the larger of the amounts applicable under 
paragraph (1). 
‘‘(4) Not later than February 1, 2010, the Secretary of Defense 
shall submit to the congressional defense committees a report on 
the use of the authority provided by this subsection. The report 
shall include a list and description of the construction projects 
carried out under this subsection, including the location and cost 
of each project. 
‘‘(5) In this subsection, the term ‘laboratory’ includes— 
‘‘(A) a research, engineering, and development center; and 
‘‘(B) a test and evaluation activity. 
‘‘(6) The authority to carry out a project under this subsection 
expires on September 30, 2012.’’. 
(b) 
STYLISTIC
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) in subsection (a), by inserting ‘‘AUTHORITY TO CARRY 
OUT UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECTS.— 
’’ after ‘‘(a)’’; 
(2) in subsection (b), by inserting ‘‘APPROVAL AND CONGRES-
SIONAL NOTIFICATION.—’’ after ‘‘(b)’’; 
(3) in subsection (c), by inserting ‘‘USE OF OPERATION AND 
MAINTENANCE FUNDS.—’’ after ‘‘(c)’’; and 
(4) in subsection (e), as redesignated by subsection (a)(1), 
by inserting ‘‘PROHIBITION ON USE FOR NEW HOUSING UNITS.— 
’’ after ‘‘(e)’’. 
SEC. 2805. EXTENSION OF AUTHORITY TO ACCEPT EQUALIZATION PAY-
MENTS FOR FACILITY EXCHANGES. 
Section 2809(c)(5) of the Military Construction Authorization 
Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 
Stat. 2127) is amended by striking ‘‘September 30, 2007’’ and 
inserting ‘‘September 30, 2010’’. 
SEC. 2806. MODIFICATIONS OF AUTHORITY TO LEASE MILITARY 
FAMILY HOUSING. 
(a) INCREASED MAXIMUM LEASE AMOUNT APPLICABLE TO CER-
TAIN DOMESTIC ARMY FAMILY HOUSING LEASES.—Subsection (b) 
of section 2828 of title 10, United States Code, is amended— 
(1) in paragraph (2), by striking ‘‘paragraphs (3) and (4)’’ 
and inserting ‘‘paragraphs (3), (4), and (7)’’; 
(2) in paragraph (5), by striking ‘‘paragraphs (2) and (3)’’ 
and inserting ‘‘paragraphs (2), (3), and (7)’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(7)(A) Not more than 600 housing units may be leased by 
the Secretary of the Army under subsection (a) for which the 
expenditure for the rental of such units (including the cost of 
utilities, maintenance, and operation) exceeds the maximum amount 
per unit per year in effect under paragraph (2) but does not exceed 
10 USC 18240 
note. 
Expiration date. 
Deadline. 
Reports. 
Procedures. 
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122 STAT. 541 
PUBLIC LAW 110–181—JAN. 28, 2008 
$18,620 per unit per year, as adjusted from time to time under 
paragraph (5). 
‘‘(B) The maximum lease amount provided in subparagraph 
(A) shall apply only to Army family housing in areas designated 
by the Secretary of the Army. 
‘‘(C) The term of a lease under subparagraph (A) may not 
exceed 2 years.’’. 
(b) FOREIGN MILITARY FAMILY HOUSING LEASES.—Subsection 
(e)(2) of such section is amended by striking ‘‘the Secretary of 
the Navy may lease not more than 2,800 units of family housing 
in Italy, and the Secretary of the Army may lease not more than 
500 units of family housing in Italy’’ and inserting ‘‘the Secretaries 
of the military departments may lease not more than 3,300 units 
of family housing in Italy’’. 
(c) INCREASED THRESHOLD FOR CONGRESSIONAL NOTIFICATION 
FOR FOREIGN MILITARY FAMILY HOUSING LEASES.—Subsection (f) 
of such section is amended by striking ‘‘$500,000’’ and inserting 
‘‘$1,000,000’’. 
(d) REPORT REQUIRED.—Not later than March 1, 2008, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the rental of family housing in foreign 
countries (including the costs of utilities, maintenance, and oper-
ations) that exceed $60,000 per unit per year. The report shall 
include a list and description of rental units (including total gross 
square feet and number of bedrooms), location, rental cost, the 
requirement for the rental, and the options that the Secretary 
has available to decrease the costs associated with the rentals. 
SEC. 2807. EXPANSION OF AUTHORITY TO EXCHANGE RESERVE 
COMPONENT FACILITIES. 
Section 18240(a) of title 10, United States Code, is amended 
by striking ‘‘with a State’’ in the first sentence and inserting ‘‘with 
an Executive agency (as defined in section 105 of title 5), the 
United States Postal Service, or a State’’. 
SEC. 2808. LIMITATION ON USE OF ALTERNATIVE AUTHORITY FOR 
ACQUISITION 
AND 
IMPROVEMENT 
OF 
MILITARY 
HOUSING FOR PRIVATIZATION OF TEMPORARY LODGING 
FACILITIES. 
(a) LIMITATION
ON PRIVATIZATION
OF TEMPORARY LODGING 
FACILITIES.—Notwithstanding any other provision of subchapter IV 
of chapter 169 of title 10, United States Code, the privatization 
of temporary lodging facilities under such subchapter is limited 
to the military installations authorized in subsection (b) until 120 
days after the date on which the report described in subsection 
(d)(1) is submitted. 
(b) AUTHORIZED INSTALLATIONS.—The military installations at 
which the privatization of temporary lodging facilities may proceed 
under subsection (a) are the following: 
(1) Redstone Arsenal, Alabama. 
(2) Fort Rucker, Alabama. 
(3) Yuma Proving Ground, Arizona. 
(4) Fort McNair, District of Columbia. 
(5) Fort Shafter, Hawaii. 
(6) Tripler Army Medical Center, Hawaii. 
(7) Fort Leavenworth, Kansas. 
(8) Fort Riley, Kansas. 
(9) Fort Polk, Louisiana. 
Applicability. 
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122 STAT. 542 
PUBLIC LAW 110–181—JAN. 28, 2008 
(10) Fort Sill, Oklahoma. 
(11) Fort Hood, Texas. 
(12) Fort Sam Houston, Texas. 
(13) Fort Myer, Virginia. 
(c) EFFECT OF LIMITATION.—The limitation imposed by sub-
section (a) prohibits the issuance of contract solicitations for the 
privatization of temporary lodging facilities at any military installa-
tion not specified in subsection (b). 
(d) REPORTING REQUIREMENTS.— 
(1) REPORT BY SECRETARY OF THE ARMY.—Not earlier than 
eight months after the date on which the notice of transfer 
associated with the military installations specified in subsection 
(b) is issued, the Secretary of the Army shall submit to the 
congressional defense committees and the Comptroller General 
a report that— 
(A) describes the implementation of the privatization 
of temporary lodging facilities at the installations specified 
in subsection (b); 
(B) evaluates the efficiency of the program; and 
(C) contains such recommendations as the Secretary 
considers appropriate regarding expansion of the program. 
(2) REPORT
BY
COMPTROLLER
GENERAL.—Not later than 
90 days after receiving the report under paragraph (1), the 
Comptroller General shall submit to the congressional defense 
committees a review of both the privatization of temporary 
lodging facilities and the report of the Secretary. 
SEC. 2809. TWO-YEAR EXTENSION OF TEMPORARY PROGRAM TO USE 
MINOR 
MILITARY 
CONSTRUCTION 
AUTHORITY 
FOR 
CONSTRUCTION OF CHILD DEVELOPMENT CENTERS. 
(a) EXTENSION.—Subsection (e) of section 2810 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109–163; 119 Stat. 3510) is amended by striking 
‘‘September 30, 2007’’ and inserting ‘‘September 30, 2009’’. 
(b) REPORT
REQUIRED.—Subsection (d) of such section is 
amended by striking ‘‘March 1, 2007’’ and inserting ‘‘March 1, 
2009’’. 
SEC. 2810. REPORT ON HOUSING PRIVATIZATION INITIATIVES. 
(a) REPORT REQUIRED.—Not later than March 31, 2008, the 
Comptroller General shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
containing— 
(1) a list of all housing privatization transactions carried 
out by the Department of Defense that, as of such date, are 
behind schedule or in default; and 
(2) recommendations regarding the opportunities for the 
Federal Government to ensure that all terms of each housing 
privatization transaction are completed according to the original 
schedule and budget. 
(b) SPECIFIC INFORMATION REGARDING EACH TRANSACTION.— 
For each housing privatization transaction included in the report 
required by subsection (a), the report shall provide a description 
of the following: 
(1) The reasons for schedule delays, cost overruns, or 
default. 
(2) How solicitations and competitions were conducted for 
the project. 
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122 STAT. 543 
PUBLIC LAW 110–181—JAN. 28, 2008 
(3) How financing, partnerships, legal arrangements, 
leases, or contracts in relation to the project were structured. 
(4) Which entities, including Federal entities, are bearing 
financial risk for the project, and to what extent. 
(5) The remedies available to the Federal Government to 
restore the transaction to schedule or ensure completion of 
the terms of the transaction in question at the earliest possible 
time. 
(6) The extent to which the Federal Government has the 
ability to affect the performance of various parties involved 
in the project. 
(7) The remedies available to subcontractors to recoup liens 
in the case of default, non-payment by the developer or other 
party to the transaction or lease agreement, or re-structuring. 
(8) The remedies available to the Federal Government to 
affect receivership actions or transfer of ownership of the 
project. 
(9) The names of the developers for the project and any 
history of previous defaults or bankruptcies by these developers 
or their affiliates. 
(c) HOUSING PRIVATIZATION TRANSACTION DEFINED.—In this 
section, the term ‘‘housing privatization transaction’’ means any 
contract or other transaction for the construction or acquisition 
of military family housing or military unaccompanied housing 
entered into under the authority of subchapter IV of chapter 169 
of title 10, United States Code. 
Subtitle B—Real Property and Facilities 
Administration 
SEC. 2821. REQUIREMENT TO REPORT REAL PROPERTY TRANS-
ACTIONS RESULTING IN ANNUAL COSTS OF MORE THAN 
$750,000. 
(a) INCLUSION OF TRANSACTIONS INVOLVING DEFENSE AGEN-
CIES.— 
(1) REQUIREMENT
TO
REPORT.—Subsection (a) of section 
2662 of title 10, United States Code, is amended— 
(A) in paragraph (1), by striking ‘‘, or his designee,’’ 
and inserting ‘‘or, with respect to a Defense Agency, the 
Secretary of Defense’’; and 
(B) in paragraph (3), by inserting after ‘‘military 
department’’ the following: ‘‘or the Secretary of Defense’’. 
(2) ANNUAL
REPORT
REGARDING
MINOR
TRANSACTIONS.— 
Subsection (b) of such section is amended by inserting after 
‘‘military department’’ the following: ‘‘and, with respect to 
Defense Agencies, the Secretary of Defense’’. 
(3) EXCEPTIONS.—Subsection (g) of such section is amended 
by adding at the end the following new paragraph: 
‘‘(4) In this subsection, the term ‘Secretary concerned’ includes, 
with respect to Defense Agencies, the Secretary of Defense.’’. 
(b) INCLUSION OF ADDITIONAL TRANSACTION.—Subsection (a)(1) 
of such section is amended by adding at the end the following 
new subparagraph: 
‘‘(G) Any transaction or contract action that results in, 
or includes, the acquisition or use by, or the lease or license 
to, the United States of real property, if the estimated annual 
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122 STAT. 544 
PUBLIC LAW 110–181—JAN. 28, 2008 
rental or cost for the use of the real property is more than 
$750,000.’’. 
SEC. 2822. CONTINUED CONSOLIDATION OF REAL PROPERTY PROVI-
SIONS WITHOUT SUBSTANTIVE CHANGE. 
(a) CONSOLIDATION.—Section 2663 of title 10, United States 
Code, is amended by adding at the end the following new subsection: 
‘‘(h) LAND ACQUISITION OPTIONS
IN ADVANCE
OF MILITARY 
CONSTRUCTION PROJECTS.—(1) The Secretary of a military depart-
ment may acquire an option on a parcel of real property before 
or after its acquisition is authorized by law, if the Secretary con-
siders it suitable and likely to be needed for a military project 
of the military department under the jurisdiction of the Secretary. 
‘‘(2) As consideration for an option acquired under paragraph 
(1), the Secretary may pay, from funds available to the military 
department under the jurisdiction of the Secretary for real property 
activities, an amount that is not more than 12 percent of the 
appraised fair market value of the property.’’. 
(b) REPEAL OF SUPERSEDED PROVISION.— 
(1) REPEAL.—Section 2677 of such title is repealed. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 159 of such title is amended by striking 
the item relating to section 2677. 
SEC. 2823. MODIFICATION OF AUTHORITY TO LEASE NON-EXCESS 
PROPERTY OF THE MILITARY DEPARTMENTS. 
(a) ELIMINATION OF AUTHORITY TO ACCEPT FACILITIES OPER-
ATION SUPPORT AS IN-KIND CONSIDERATION.—Subsection (c)(1) of 
section 2667 of title 10, United States Code, is amended— 
(1) by redesignating subparagraph (E) as subparagraph 
(F); and 
(2) by striking subparagraph (D) and inserting the following 
new subparagraphs: 
‘‘(D) Provision or payment of utility services for the Sec-
retary concerned. 
‘‘(E) Provision of real property maintenance services for 
the Secretary concerned.’’. 
(b) ELIMINATION OF AUTHORITY TO USE RENTAL AND CERTAIN 
OTHER PROCEEDS FOR FACILITIES OPERATION SUPPORT.—Subsection 
(e)(1)(C) of such section is amended— 
(1) by adjusting the margins of clauses (ii) and (iii) to 
conform to the margin of clause (i); and 
(2) by striking clause (iv) and inserting the following new 
clauses: 
‘‘(iv) Payment of utility services. 
‘‘(v) Real property maintenance services.’’. 
(c) USE OF COMPETITIVE PROCEDURES FOR SELECTION OF CER-
TAIN LESSEES.—Subsection (h) of such section is amended— 
(1) in paragraph (1), by striking ‘‘exceeds one year, and 
the fair market value of the lease’’ and inserting ‘‘exceeds 
one year, or the fair market value of the lease’’; 
(2) by redesignating paragraph (3) as paragraph (4); and 
(3) by striking paragraph (2) and inserting the following 
new paragraphs: 
‘‘(2) Paragraph (1) does not apply if the Secretary concerned 
determines that— 
‘‘(A) a public interest will be served as a result of the 
lease; and 
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122 STAT. 545 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(B) the use of competitive procedures for the selection 
of certain lessees is unobtainable or not compatible with the 
public benefit served under subparagraph (A). 
‘‘(3) Not later than 45 days before entering into a lease described 
in paragraph (1), the Secretary concerned shall submit to Congress 
written notice describing the terms of the proposed lease and— 
‘‘(A) the competitive procedures used to select the lessee; 
or 
‘‘(B) in the case of a lease involving the public benefit 
exception authorized by paragraph (2), a description of the 
public benefit to be served by the lease.’’. 
(d) TECHNICAL AMENDMENTS RELATED TO PRIOR-YEAR AMEND-
MENT.—Subsection (e) of such section is amended— 
(1) in paragraph (1)(B)(ii), by striking ‘‘paragraph (4), (5), 
or (6)’’ and inserting ‘‘paragraph (3), (4), or (5)’’; and 
(2) by redesignating paragraphs (4), (5), and (6) as para-
graphs (3), (4), and (5). 
SEC. 2824. COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT 
OF CULTURAL RESOURCES ON CERTAIN SITES OUTSIDE 
MILITARY INSTALLATIONS. 
(a) EXPANDED AUTHORITY.—Section 2684 of title 10, United 
States Code, is amended— 
(1) in subsection (a), by striking ‘‘on military installations’’ 
and inserting ‘‘located on a site authorized by subsection (b)’’; 
(2) by redesignating subsections (b) and (c) as subsections 
(c) and (d), respectively; and 
(3) by inserting after subsection (a) the following new sub-
section (b): 
‘‘(b) AUTHORIZED CULTURAL RESOURCES SITES.—To be covered 
by a cooperative agreement under subsection (a), cultural resources 
must be located— 
‘‘(1) on a military installation; or 
‘‘(2) on a site outside of a military installation, but only 
if the cooperative agreement will directly relieve or eliminate 
current or anticipated restrictions that would or might restrict, 
impede, or otherwise interfere, whether directly or indirectly, 
with current or anticipated military training, testing, or oper-
ations on a military installation.’’. 
(b) CULTURAL RESOURCE DEFINED.—Subsection (d) of such sec-
tion, as redesignated by subsection (a)(2), is amended by adding 
at the end the following new paragraph: 
‘‘(5) An Indian sacred site, as defined in section 1(b)(iii) 
of Executive Order No. 13007.’’. 
SEC. 2825. AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CON-
STRAINTS ON MILITARY TRAINING, TESTING, AND OPER-
ATIONS. 
(a) MANAGEMENT OF NATURAL RESOURCES OF ACQUIRED PROP-
ERTY.—Subsection (d) of section 2684a of title 10, United States 
Code, is amended— 
(1) by redesignating paragraphs (3), (4), (5), and (6) as 
paragraphs (4), (5), (6), and (7), respectively; and 
(2) by inserting after paragraph (2) the following new para-
graph (3): 
‘‘(3) An agreement with an eligible entity under this section 
may provide for the management of natural resources on real prop-
erty in which the Secretary concerned acquires any right, title, 
Deadline. 
Notification. 
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122 STAT. 546 
PUBLIC LAW 110–181—JAN. 28, 2008 
or interest in accordance with this subsection and for the payment 
by the United States of all or a portion of the costs of such natural 
resource management if the Secretary concerned determines that 
there is a demonstrated need to preserve or restore habitat for 
the purpose described in subsection (a)(2).’’. 
(b) LIMITATION ON PORTION OF ACQUISITION COSTS BORNE BY 
UNITED STATES.—Paragraph (4) of such subsection, as redesignated 
by subsection (a)(1), is amended— 
(1) by redesignating subparagraph (D) as subparagraph 
(E); 
(2) in subparagraph (C), by striking ‘‘equal to the fair 
market value’’ and all that follows through the period at the 
end and inserting ‘‘equal to, at the discretion of the Secretary 
concerned— 
‘‘(i) the fair market value of any property or interest in 
property to be transferred to the United States upon the request 
of the Secretary concerned under paragraph (5); or 
‘‘(ii) the cumulative fair market value of all properties 
or interests to be transferred to the United States under para-
graph (5) pursuant to an agreement under subsection (a).’’; 
and 
(3) by inserting after subparagraph (C) the following new 
subparagraph: 
‘‘(D) The portion of acquisition costs borne by the United States 
under subparagraph (A) may exceed the amount determined under 
subparagraph (C), but only if— 
‘‘(i) the Secretary concerned provides written notice to the 
Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives containing— 
‘‘(I) a certification by the Secretary that the military 
value to the United States of the property or interest 
to be acquired justifies a payment in excess of the fair 
market value of the property or interest; and 
‘‘(II) a description of the military value to be obtained; 
and 
‘‘(ii) the contribution toward the acquisition costs of the 
property or interest is not made until at least 14 days after 
the date on which the notice is submitted under clause (i) 
or, if earlier, at least 10 days after the date on which a copy 
of the notice is provided in an electronic medium pursuant 
to section 480 of this title.’’. 
SEC. 2826. EXPANSION TO ALL MILITARY DEPARTMENTS OF ARMY 
PILOT PROGRAM FOR PURCHASE OF CERTAIN MUNIC-
IPAL SERVICES FOR MILITARY INSTALLATIONS. 
(a) EXPANSION OF PILOT PROGRAM.—Section 325 of the Ronald 
W. Reagan National Defense Authorization Act for Fiscal Year 
2005 (Public Law 108–375; 10 U.S.C. 2461 note) is amended— 
(1) in the section heading, by striking ‘‘ARMY’’ and inserting 
‘‘MILITARY’’; 
(2) in subsection (a)— 
(A) by striking ‘‘Secretary of the Army’’ and inserting 
‘‘Secretary of a military department’’; and 
(B) by striking ‘‘an Army installation’’ and inserting 
‘‘a military installation under the jurisdiction of the Sec-
retary’’; and 
Certification. 
Notification. 
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122 STAT. 547 
PUBLIC LAW 110–181—JAN. 28, 2008 
(3) in subsection (d), by striking ‘‘The Secretary’’ and 
inserting ‘‘The Secretary of a military department’’. 
(b) PARTICIPATING INSTALLATIONS.—Subsection (c) of such sec-
tion is amended by striking ‘‘two Army installations’’ and inserting 
‘‘three military installations from each military service’’. 
(c) EXTENSION
OF DURATION
OF PROGRAM.—Such section is 
further amended by striking subsections (e) and (f) and inserting 
the following new subsection: 
‘‘(e) TERMINATION OF PILOT PROGRAM.—The pilot program shall 
terminate on September 30, 2012. Any contract entered into under 
the pilot program shall terminate not later than that date.’’. 
SEC. 2827. PROHIBITION ON COMMERCIAL FLIGHTS INTO SELFRIDGE 
AIR NATIONAL GUARD BASE. 
The Secretary of Defense shall prohibit the use of Selfridge 
Air National Guard Base by commercial service aircraft. 
SEC. 2828. SENSE OF CONGRESS ON DEPARTMENT OF DEFENSE 
ACTIONS TO PROTECT INSTALLATIONS, RANGES, AND 
MILITARY AIRSPACE FROM ENCROACHMENT. 
(a) FINDINGS.—In light of the initial report of the Department 
of Defense submitted pursuant to section 2684a(g) of title 10, United 
States Code, and of the RAND Corporation report entitled ‘‘The 
Thin Green Line: An Assessment of DoD’s Readiness and Environ-
mental Protection Initiative to Buffer Installation Encroachment’’, 
Congress makes the following findings: 
(1) Development and loss of habitat in the vicinity of, 
or in areas ecologically related to, military installations, ranges, 
and airspace pose a continuing and significant threat to the 
readiness of the Armed Forces. 
(2) The Range Sustainability Program (RSP) of the Depart-
ment of Defense, and in particular the Readiness and Environ-
mental Protection Initiative (REPI) involving agreements 
pursuant to section 2684a of title 10, United States Code, 
have been effective in addressing this threat to readiness with 
regard to a number of important installations, ranges, and 
airspace. 
(3) The opportunities to take effective action to protect 
installations, ranges, and airspace from encroachment is in 
many cases transient, and delay in taking action will result 
in either higher costs or permanent loss of the opportunity 
effectively to address encroachment. 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Department of Defense should— 
(1) develop additional policy guidance on the further 
implementation of the Readiness and Environmental Protection 
Initiative (REPI), to include additional emphasis on protecting 
biodiversity and on further refining procedures; 
(2) give greater emphasis to effective cooperation and 
collaboration on matters of mutual concern with other Federal 
agencies charged with managing Federal land; and 
(3) ensure that each military department takes full advan-
tage of the authorities provided by section 2684a of title 10, 
United States Code, in addressing encroachment adversely 
affecting, or threatening to adversely affect, the installations, 
ranges, and military airspace of the department. 
(c) REPORTING REQUIREMENT.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Defense 
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122 STAT. 548 
PUBLIC LAW 110–181—JAN. 28, 2008 
shall review Chapter 6 of the initial report submitted to Congress 
under section 2684a(g) of title 10, United States Code, and report 
to the congressional defense committees on the specific steps, if 
any, that the Secretary plans to take, or recommends that Congress 
take, to address the issues raised in such chapter. 
SEC. 2829. REPORTS ON ARMY AND MARINE CORPS OPERATIONAL 
RANGES. 
(a) REPORT ON UTILIZATION AND POTENTIAL EXPANSION OF ARMY 
OPERATIONAL RANGES.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of the Army shall 
submit to the congressional defense committees a report containing 
an assessment of the Army operational ranges used to support 
training and range activities of the Army. The report shall include 
the following information: 
(1) The size, description, and mission-essential tasks sup-
ported by each Army operational range during fiscal year 2003. 
(2) A description of the projected changes in Army oper-
ational range requirements, including the size, characteristics, 
and attributes for mission-essential activities at each Army 
operational range and the extent to which any changes in 
requirements are a result of— 
(A) decisions made as part of the 2005 round of defense 
base closure and realignment under the Defense Base Clo-
sure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101–510; 10 U.S.C. 2687 note); 
(B) the conversion of Army brigades to a modular for-
mat; 
(C) the Integrated Global Presence and Basing 
Strategy; 
(D) the proposal contained in the budget justification 
materials submitted in support of the Department of 
Defense budget for fiscal year 2008 to increase the size 
of the active component of the Army to 547,400 personnel 
by the end of fiscal year 2012 and any modification or 
acceleration contemplated in the budget submission for 
fiscal year 2009; or 
(E) high operational tempos or surge requirements. 
(3) The projected deficit or surplus of land at each Army 
operational range, and a description of the Army’s plan to 
address that projected deficit or surplus of land as well as 
the upgrade of range attributes at each existing Army oper-
ational range. 
(4) A description of the Army’s prioritization process and 
investment strategy to address the potential expansion or 
upgrade of Army operational ranges. 
(5) An analysis of alternatives to the expansion of Army 
operational ranges, including an assessment of the joint use 
of operational ranges under the jurisdiction, custody, or control 
of the Secretary of another military department. 
(6) An analysis of the cost of, potential military value 
of, and potential legal or practical impediments to, the expan-
sion of the Joint Readiness Training Center at Fort Polk, Lou-
isiana, through the acquisition of additional land adjacent to 
or in the vicinity of the installation. 
(7) An analysis of the impact of the proposal described 
in paragraph (2)(D) on the plan developed prior to such proposal 
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122 STAT. 549 
PUBLIC LAW 110–181—JAN. 28, 2008 
to relocate forces from Germany to the United States and 
vacate installations in Germany as part of the Integrated Global 
Presence and Basing Strategy, including a comparative analysis 
of— 
(A) the projected utilization of the three combat 
training centers of the Army if all of the six light infantry 
brigades proposed to be added to the active component 
of the Army would be based in the United States; and 
(B) the projected utilization of such ranges if at least 
one of those brigades would be based in Germany or if 
one of the brigades proposed to be relocated pursuant to 
the plan in paragraph (a)(2)(C) is retained in Germany. 
(8) If the analysis required by paragraph (7) indicates 
that the Joint Multi-National Readiness Center in Hohenfels, 
Germany, or the Army’s training complex at Grafenwoehr, Ger-
many, would not be fully utilized under the basing scenarios 
analyzed, an estimate of the cost to replicate the training 
capability at that center in another location. 
(b) REPORT ON POTENTIAL EXPANSION OF MARINE CORPS OPER-
ATIONAL RANGES.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Navy shall submit 
to the congressional defense committees a report containing an 
assessment of Marine Corps operational ranges used to support 
training and range activities of the Marine Corps. The report 
required shall include the following information: 
(1) The size, description, and mission-essential tasks sup-
ported by each major Marine Corps operational range during 
fiscal year 2003. 
(2) A description of the projected changes in Marine Corps 
operational range requirements, including the size, characteris-
tics, and attributes for mission-essential activities at each range 
and the extent to which any changes in requirements are 
a result of the proposal contained in the fiscal year 2008 budget 
request to increase the size of the active component of the 
Marine Corps to 202,000 personnel by the end of fiscal year 
2012 and any modification or acceleration contemplated in the 
budget submission for fiscal year 2009. 
(3) The projected deficit or surplus of land at each major 
Marine Corps operational range, and a description of the Sec-
retary’s plan to address that projected deficit or surplus of 
land as well as the upgrade of range attributes at each existing 
Marine Corps operational range. 
(4) A description of the Secretary’s prioritization process 
and investment strategy to address the potential expansion 
or upgrade of Marine Corps operational ranges. 
(5) An analysis of alternatives to the expansion of Marine 
Corps operational ranges, including an assessment of the joint 
use of operational ranges under the jurisdiction, custody, or 
control of the Secretary of another military department. 
(6) An analysis of the cost of, potential military value 
of, and potential legal or practical impediments to, the expan-
sion of Marine Corps Base, Twentynine Palms, California, 
through the acquisition of additional land adjacent to or in 
the vicinity of that installation that is under the control of 
the Bureau of Land Management. 
(c) SUPPLEMENTAL REPORT.—Not later than 90 days after the 
date on which the second of the two reports required by subsections 
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122 STAT. 550 
PUBLIC LAW 110–181—JAN. 28, 2008 
(a) and (b) is submitted, the Secretary of Defense shall submit 
to the congressional defense committees a report containing the 
following information: 
(1) A description of initiatives by the Secretary of Defense 
to coordinate the range expansion activities of the Army and 
Marine Corps in order to gain efficiencies in investment and 
resource allocation. 
(2) An analysis of training requirements for the Army 
and the Marine Corps that could be accomplished through 
joint use of existing ranges. 
(3) An analysis of the responses provided by the Secretary 
of the Army under subsection (a)(5) and the Secretary of the 
Navy subsection (b)(5). 
(4) Any other matter that the Secretary of Defense con-
siders to be of importance to ensure the effective and timely 
expansion of ranges to meet Army and Marine Corps training 
requirements. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘Army operational range’’ has the meaning 
given the term ‘‘operational range’’ in section 101(e)(3) of title 
10, United States Code, except that the term is limited to 
operational ranges under the jurisdiction, custody, or control 
of the Secretary of the Army. 
(2) The term ‘‘Marine Corps operational range’’ has the 
meaning given the term ‘‘operational range’’ in section 101(e)(3) 
of such title, except that the term is limited to operational 
ranges under the jurisdiction, custody, or control of the Sec-
retary of the Navy that are used by or available for use by 
the Marine Corps. 
(3) The term ‘‘range activities’’ has the meaning given 
that term in section 101(e)(2) of such title. 
SEC. 2830. NIAGARA AIR RESERVE BASE, NEW YORK, BASING REPORT. 
Not later than March 1, 2008, the Secretary of the Air Force 
shall submit to the congressional defense committees a report con-
taining a detailed plan of the current and future aviation assets 
that the Secretary expects will be based at Niagara Air Reserve 
Base, New York. The report shall include a description of all of 
the aviation assets that will be impacted by the series of relocations 
to be made to or from Niagara Air Reserve Base and the timeline 
for such relocations. 
SEC. 2831. REPORT ON THE PINON CANYON MANEUVER SITE, COLO-
RADO. 
(a) REPORT ON THE PINON CANYON MANEUVER SITE.— 
(1) REPORT REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of the Army 
shall submit to the congressional defense committees a report 
on the Pinon Canyon Maneuver Site (referred to in this section 
as ‘‘the Site’’). 
(2) CONTENT.—The report required under paragraph (1) 
shall include the following: 
(A) An analysis of whether existing training facilities 
at Fort Carson, Colorado, and the Site are sufficient to 
support the training needs of units stationed or planned 
to be stationed at Fort Carson, including the following: 
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122 STAT. 551 
PUBLIC LAW 110–181—JAN. 28, 2008 
(i) A description of any new training requirements 
or significant developments affecting training require-
ments for units stationed or planned to be stationed 
at Fort Carson since the 2005 Defense Base Closure 
and Realignment Commission found that the base has 
‘‘sufficient capacity’’ to support four brigade combat 
teams and associated support units at Fort Carson. 
(ii) A study of alternatives for enhancing training 
facilities at Fort Carson and the Site within their 
current geographic footprint, including whether these 
additional investments or measures could support addi-
tional training activities. 
(iii) A description of the current training calendar 
and training load at the Site, including— 
(I) the number of brigade-sized and battalion- 
sized military exercises held at the Site since its 
establishment; 
(II) an analysis of the maximum annual 
training load at the Site, without expanding the 
Site; and 
(III) an analysis of the training load and pro-
jected training calendar at the Site when all bri-
gades stationed or planned to be stationed at Fort 
Carson are at home station. 
(B) A report of need for any proposed addition of 
training land to support units stationed or planned to 
be stationed at Fort Carson, including the following: 
(i) A description of additional training activities, 
and their benefits to operational readiness, which 
would be conducted by units stationed at Fort Carson 
if, through leases or acquisition from consenting land-
owners, the Site were expanded to include— 
(I) the parcel of land identified as ‘‘Area A’’ 
in the Potential PCMS Land expansion map; 
(II) the parcel of land identified as ‘‘Area B’’ 
in the Potential PCMS Land expansion map; 
(III) the parcels of land identified as ‘‘Area 
A’’ and ‘‘Area B’’ in the Potential PCMS Land 
expansion map; 
(IV) acreage sufficient to allow simultaneous 
exercises of a light infantry brigade and a heavy 
infantry brigade at the Site; 
(V) acreage sufficient to allow simultaneous 
exercises of two heavy infantry brigades at the 
Site; 
(VI) acreage sufficient to allow simultaneous 
exercises of a light infantry brigade and a battalion 
at the Site; and 
(VII) acreage sufficient to allow simultaneous 
exercises of a heavy infantry brigade and a bat-
talion at the Site. 
(ii) An analysis of alternatives for acquiring or 
utilizing training land at other installations in the 
United States to support training activities of units 
stationed at Fort Carson. 
Study. 
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122 STAT. 552 
PUBLIC LAW 110–181—JAN. 28, 2008 
(iii) An analysis of alternatives for utilizing other 
federally owned land to support training activities of 
units stationed at Fort Carson. 
(C) An analysis of alternatives for enhancing economic 
development opportunities in southeastern Colorado at the 
current Site or through any proposed expansion, including 
the consideration of the following alternatives: 
(i) The leasing of land on the Site or any expansion 
of the Site to ranchers for grazing. 
(ii) The leasing of land from private landowners 
for training. 
(iii) The procurement of additional services and 
goods, 
including 
biofuels 
and 
beef, 
from 
local 
businesses. 
(iv) The creation of an economic development fund 
to benefit communities, local governments, and 
businesses in southeastern Colorado. 
(v) The establishment of an outreach office to pro-
vide technical assistance to local businesses that wish 
to bid on Department of Defense contracts. 
(vi) The establishment of partnerships with local 
governments and organizations to expand regional 
tourism through expanded access to sites of historic, 
cultural, and environmental interest on the Site. 
(vii) An acquisition policy that allows willing 
sellers to minimize the tax impact of a sale. 
(viii) Additional investments in Army missions and 
personnel, such as stationing an active duty unit at 
the Site, including— 
(I) an analysis of anticipated operational bene-
fits; and 
(II) an analysis of economic impacts to sur-
rounding communities. 
(3) POTENTIAL PCMS LAND EXPANSION MAP DEFINED.—In 
this subsection, the term ‘‘Potential PCMS Land expansion 
map’’ means the June 2007 map entitled ‘‘Potential PCMS 
Land expansion’’. 
(b) COMPTROLLER GENERAL REVIEW OF REPORT.—Not later than 
180 days after the Secretary of Defense submits the report required 
under subsection (a), the Comptroller General of the United States 
shall submit to Congress a review of the report and of the justifica-
tion of the Army for expansion at the Site. 
(c) PUBLIC COMMENT.—After the report required under sub-
section (b) is submitted to Congress, the Army shall solicit public 
comment on the report for a period of not less than 90 days. 
Not later than 30 days after the public comment period has closed, 
the Secretary shall submit to Congress a written summary of com-
ments received. 
Subtitle C—Land Conveyances 
SEC. 2841. MODIFICATION OF CONVEYANCE AUTHORITY, MARINE 
CORPS BASE, CAMP PENDLETON, CALIFORNIA. 
Section 2851(a) of the Military Construction Authorization Act 
for Fiscal Year 1999 (division B of Public Law 105–261; 112 Stat. 
2219) is amended by striking ‘‘, notwithstanding any provision 
Deadline. 
Summary. 
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122 STAT. 553 
PUBLIC LAW 110–181—JAN. 28, 2008 
of State law to the contrary,’’, as added by section 2867 of Public 
Law 107–107 (115 Stat. 1334). 
SEC. 2842. GRANT OF EASEMENT, EGLIN AIR FORCE BASE, FLORIDA. 
(a) GRANT AUTHORIZED.—Secretary of the Air Force may use 
the authority provided by section 2668 of title 10, United States 
Code, to grant to the Mid Bay Bridge Authority an easement 
for a roadway right-of-way over such land at Eglin Air Force Base, 
Florida, as the Secretary determines necessary to facilitate the 
construction of a road connecting the northern landfall of the Mid 
Bay Bridge to Florida State Highway 85. 
(b) CONSIDERATION.—As consideration for the grant of the ease-
ment under subsection (a), the Mid Bay Bridge Authority shall 
pay to the Secretary an amount equal to the fair-market-value 
of the easement, as determined by the Secretary. 
(c) COSTS OF PROJECT.—As a condition of the grant of the 
easement under subsection (a), the Mid Bay Bridge Authority shall 
be responsible for all costs associated with the highway project 
described in such subsection, including all costs the Secretary deter-
mines to be necessary to address any impacts that the project 
may have on the defense missions at Eglin Air Force Base. 
SEC. 2843. LAND CONVEYANCE, LYNN HAVEN FUEL DEPOT, LYNN 
HAVEN, FLORIDA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey to Florida State University (in this section referred 
to as the ‘‘University’’) all right, title, and interest of the United 
States in and to a parcel of real property, including improvements 
thereon, consisting of approximately 40 acres located at the Lynn 
Haven Fuel Depot in Lynn Haven, Florida, as a public benefit 
conveyance for the purpose of permitting the University to develop 
the property as a new satellite campus. 
(b) CONSIDERATION.— 
(1) IN GENERAL.—For the conveyance of the property under 
subsection (a), the University shall provide the United States 
with consideration in an amount that is acceptable to the 
Secretary, whether in the form of cash payment, in-kind consid-
eration, or a combination thereof. 
(2) REDUCED TUITION RATES.—The Secretary may accept 
as in-kind consideration under paragraph (1) reduced tuition 
rates or scholarships for military personnel at the University. 
(c) PAYMENT OF COSTS OF CONVEYANCES.— 
(1) PAYMENT REQUIRED.—The Secretary shall require the 
University to cover costs to be incurred by the Secretary, or 
to reimburse the Secretary for costs incurred by the Secretary, 
to carry out the conveyance under subsection (a), including 
survey costs, appraisal costs, and other costs related to the 
conveyance. If amounts are collected from the University in 
advance of the Secretary incurring the actual costs, and the 
amount collected exceeds the costs actually incurred by the 
Secretary to carry out the conveyance, the Secretary shall 
refund the excess amount to the University. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
under paragraph (1) as reimbursement for costs incurred by 
the Secretary to carry out the conveyance under subsection 
(a) shall be credited to the fund or account that was used 
to cover the costs incurred by the Secretary in carrying out 
the conveyance. Amounts so credited shall be merged with 
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122 STAT. 554 
PUBLIC LAW 110–181—JAN. 28, 2008 
amounts in such fund or account and shall be available for 
the same purposes, and subject to the same conditions and 
limitations, as amounts in such fund or account. 
(d) USE OF PROPERTY FOR OTHER THAN INTENDED PURPOSES.— 
If the Secretary determines at any time that the real property 
conveyed under subsection (a) is not being used in accordance 
with the purposes of the conveyance specified in such subsection, 
the University shall pay to the United States an amount equal 
to the fair market value of the property, as of the time of such 
determination. The fair market value of the property, excluding 
the value of any improvements made to the property by the Univer-
sity, shall be determined by the Secretary in accordance with Fed-
eral appraisal standards and procedures. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2844. MODIFICATION OF LEASE OF PROPERTY, NATIONAL FLIGHT 
ACADEMY AT THE NATIONAL MUSEUM OF NAVAL AVIA-
TION, NAVAL AIR STATION, PENSACOLA, FLORIDA. 
Section 2850(a) of the Military Construction Authorization Act 
for Fiscal Year 2001 (division B of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 (as enacted into 
law by Public Law 106–398; 114 Stat. 1654A–428)) is amended— 
(1) by striking ‘‘naval aviation and’’ and inserting ‘‘naval 
aviation,’’; and 
(2) by inserting before the period at the end the following: 
‘‘, and, as of January 1, 2008, to teach the science, technology, 
engineering, and mathematics disciplines that have an impact 
on and relate to aviation’’. 
SEC. 2845. LAND EXCHANGE, DETROIT, MICHIGAN. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of General Services. 
(2) CITY.—The term ‘‘City’’ means the City of Detroit, 
Michigan. 
(3) CITY LAND.—The term ‘‘City land’’ means the approxi-
mately 0.741 acres of real property, including any improvement 
thereon, as depicted on the exchange maps, that is commonly 
identified as 110 Mount Elliott Street, Detroit, Michigan. 
(4) COMMANDANT.—The term ‘‘Commandant’’ means the 
Commandant of the United States Coast Guard. 
(5) EDC.—The term ‘‘EDC’’ means the Economic Develop-
ment Corporation of the City of Detroit. 
(6) EXCHANGE MAPS.—The term ‘‘exchange maps’’ means 
the maps entitled ‘‘Atwater Street Land Exchange Maps’’ pre-
pared pursuant to subsection (f). 
(7) FEDERAL
LAND.—The term ‘‘Federal land’’ means 
approximately 1.26 acres of real property, including any 
improvements thereon, as depicted on the exchange maps, that 
is commonly identified as 2660 Atwater Street, Detroit, 
Michigan, and under the administrative control of the United 
States Coast Guard. 
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122 STAT. 555 
PUBLIC LAW 110–181—JAN. 28, 2008 
(8) SECTOR
DETROIT.—The term ‘‘Sector Detroit’’ means 
Coast Guard Sector Detroit of the Ninth Coast Guard District. 
(b) CONVEYANCE AUTHORIZED.—The Commandant of the Coast 
Guard, in coordination with the Administrator, may convey to the 
EDC all right, title, and interest of the United States in and 
to the Federal land. 
(c) CONSIDERATION.— 
(1) IN GENERAL.—As consideration for the conveyance under 
subsection (b)— 
(A) the City shall convey to the United States all 
right, title, and interest in and to the City land; and 
(B) the EDC shall construct a facility and parking 
lot acceptable to the Commandant of the Coast Guard. 
(2) EQUALIZATION PAYMENT OPTION.— 
(A) IN
GENERAL.—The Commandant may, upon the 
agreement of the City and the EDC, waive the requirement 
to construct a facility and parking lot under paragraph 
(1)(B) and accept in lieu thereof an equalization payment 
from the City equal to the difference between the value, 
as determined by the Administrator at the time of transfer, 
of the Federal land and the City land. 
(B) AVAILABILITY
OF
FUNDS.—Any amounts received 
pursuant to subparagraph (A) shall be available to the 
Commandant, without further appropriation and until 
expended, to construct, expand, or improve facilities related 
to Sector Detroit’s aids to navigation or vessel maintenance. 
(d) CONDITIONS OF EXCHANGE.— 
(1) COVENANTS.—All conditions placed within the deeds 
of title shall be construed as covenants running with the land. 
(2) AUTHORITY
TO
ACCEPT
QUITCLAIM
DEED.—The Com-
mandant may accept a quitclaim deed for the City land and 
may convey the Federal land by quitclaim deed. 
(3) ENVIRONMENTAL REMEDIATION.—Prior to the time of 
the exchange, the Coast Guard and the EDC shall remediate 
any and all contaminants existing on their respective properties 
to levels required by applicable State and Federal law. The 
Commandant and, as a condition of the exchange, the EDC 
shall make available for review and inspection any record 
relating to hazardous materials on the land to be exchanged 
under this section. The costs of remedial actions relating to 
hazardous materials on exchanged land shall be paid by those 
entities responsible for costs under applicable law. 
(e) AUTHORITY TO ENTER INTO LICENSE OR LEASE.—The Com-
mandant may enter into a license or lease agreement with the 
Detroit Riverfront Conservancy for the use of a portion of the 
Federal land for the Detroit Riverfront Walk. Such license or lease 
shall be at no cost to the City and upon such other terms that 
are acceptable to the Commandant, and shall terminate upon the 
completion of the exchange authorized by this section, or the date 
specified in subsection (h), whichever occurs earlier. 
(f) MAP AND LEGAL DESCRIPTIONS OF LAND.— 
(1) IN
GENERAL.—As soon as practicable after the date 
of enactment of this Act, the Commandant shall file with the 
Committee on Commerce, Science and Transportation of the 
Senate and the Committee on Transportation and Infrastruc-
ture of the House of Representatives the maps, entitled 
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122 STAT. 556 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘Atwater Street Land Exchange Maps’’, which depict the Fed-
eral land and the City lands and provide a legal description 
of each property to be exchanged. 
(2) FORCE OF LAW.—The maps and legal descriptions filed 
under paragraph (1) shall have the same force and effect as 
if included in this Act, except that the Commandant may correct 
typographical errors in the maps and each legal description. 
(3) PUBLIC AVAILABILITY.—Each map and legal description 
filed under paragraph (1) shall be on file and available for 
public inspection in the appropriate offices of the Coast Guard 
and the City. 
(g) ADDITIONAL TERMS
AND CONDITIONS.—The Commandant 
may require such additional terms and conditions in connection 
with the exchange under this section as the Commandant considers 
appropriate to protect the interests of the United States. 
(h) EXPIRATION OF AUTHORITY TO CONVEY.—The authority to 
enter into the exchange authorized by this section shall expire 
three years after the date of enactment of this Act. 
SEC. 2846. TRANSFER OF JURISDICTION, FORMER NIKE MISSILE SITE, 
GROSSE ILE, MICHIGAN. 
(a) TRANSFER.—Administrative jurisdiction over the property 
described in subsection (b) is hereby transferred from the Adminis-
trator of the Environmental Protection Agency to the Secretary 
of the Interior. 
(b) PROPERTY DESCRIBED.—The property referred to in sub-
section (a) is the former Nike missile site located at the southern 
end of Grosse Ile, Michigan, as depicted on the map entitled ‘‘07– 
CE’’ on file with the Environmental Protection Agency and dated 
May 16, 1984. 
(c) ADMINISTRATION OF PROPERTY.—Subject to subsection (d), 
the Secretary of the Interior shall administer the property described 
in subsection (b)— 
(1) acting through the United States Fish and Wildlife 
Service; 
(2) as part of the Detroit River International Wildlife 
Refuge; and 
(3) for use as a habitat for fish and wildlife and as a 
recreational property for outdoor education and environmental 
appreciation. 
(d) MANAGEMENT OF REMEDIATION.—The Secretary of Defense, 
acting through the Army Corps of Engineers, shall manage and 
carry out environmental remediation activities with respect to the 
property described in subsection (b) that, at a minimum, achieve 
the standard sufficient to allow the property to be used as provided 
in subsection (c)(3). Such remediation activities, with the exception 
of long-term monitoring, shall be completed to achieve that standard 
not later than two years after the date of the enactment of this 
Act. The Secretary of Defense may use amounts made available 
from the account established by section 2703(a)(5) of title 10, United 
States Code, to carry out such remediation. 
(e) SAVINGS PROVISION.—Nothing in this section shall be con-
strued to affect or limit the application of, or any obligation to 
comply with, any environmental law, including the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.). 
Deadline. 
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122 STAT. 557 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 2847. MODIFICATION TO LAND CONVEYANCE AUTHORITY, FORT 
BRAGG, NORTH CAROLINA. 
(a) REQUIREMENT TO CONVEY TRACT NO. 404–1 PROPERTY 
WITHOUT CONSIDERATION.—Section 2836 of the Military Construc-
tion Authorization Act for Fiscal Year 1998 (division B of Public 
Law 105–85; 111 Stat. 2005) is amended— 
(1) in subsection (a)(3), by striking ‘‘at fair market value’’ 
and inserting ‘‘without consideration’’; 
(2) in subsection (b), by striking paragraph (2) and inserting 
the following new paragraph: 
‘‘(2) The conveyances under paragraphs (2) and (3) of subsection 
(a) shall be subject to the condition that the County develop and 
use the conveyed properties for educational purposes and the 
construction of public school structures.’’; and 
(3) in subsection (c), by striking paragraph (2) and inserting 
the following new paragraph: 
‘‘(2) If the Secretary determines at any time that the real 
property conveyed under paragraph (2) or paragraph (3) of sub-
section (a) is not being used in accordance with subsection (b)(2), 
all right, title, and interest in and to the property conveyed under 
such paragraph, including any improvements thereon, shall revert, 
at the option of the Secretary, to the United States, and the United 
States shall have the right of immediate entry thereon.’’. 
(b) PAYMENT OF COSTS OF CONVEYANCE.—Such section is fur-
ther amended by adding at the end the following new subsection: 
‘‘(f) PAYMENT OF COSTS OF CONVEYANCE OF TRACT NO. 404– 
1 PROPERTY.— 
‘‘(1) PAYMENT REQUIRED.—The Secretary shall require the 
County to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, 
to carry out the conveyance under subsection (a)(3), including 
survey costs, costs related to environmental documentation, 
and other administrative costs related to the conveyance. If 
amounts are collected from the County in advance of the Sec-
retary incurring the actual costs, and the amount collected 
exceeds the costs actually incurred by the Secretary to carry 
out the conveyance, the Secretary shall refund the excess 
amount to the County. 
‘‘(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursement under paragraph (1) shall be credited to 
the fund or account that was used to cover the costs incurred 
by the Secretary in carrying out the conveyance. Amounts 
so credited shall be merged with amounts in such fund or 
account, and shall be available for the same purposes, and 
subject to the same conditions and limitations, as amounts 
in such fund or account.’’. 
SEC. 2848. LAND CONVEYANCE, LEWIS AND CLARK UNITED STATES 
ARMY RESERVE CENTER, BISMARCK, NORTH DAKOTA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to the United Tribes Technical Col-
lege all right, title, and interest of the United States in and to 
a parcel of real property, including improvements thereon, con-
sisting of approximately 2 acres located at the Lewis and Clark 
United States Army Reserve Center, 3319 University Drive, Bis-
marck, North Dakota, for the purpose of supporting education at 
the United Tribes Technical College. 
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122 STAT. 558 
PUBLIC LAW 110–181—JAN. 28, 2008 
(b) REVERSIONARY INTEREST.— 
(1) IN GENERAL.—Subject to paragraph (2), if the Secretary 
determines at any time that the real property conveyed under 
subsection (a) is not being used in accordance with the purposes 
of the conveyance specified in such subsection, all right, title, 
and interest in and to the property shall revert, at the option 
of the Secretary, to the United States, and the United States 
shall have the right of immediate entry onto the property. 
Any determination of the Secretary under this subsection shall 
be made on the record after an opportunity for a hearing. 
(2) EXPIRATION.—The reversionary interest under para-
graph (1) shall expire upon satisfaction of the following condi-
tions: 
(A) The real property conveyed under subsection (a) 
is used in accordance with the purposes of the conveyance 
specified in such subsection for a period of not less than 
30 years following the date of the conveyance. 
(B) After the end of period specified in subparagraph 
(A), the United Tribes Technical College applies to the 
Secretary for the release of the reversionary interest. 
(C) The Secretary certifies, in a manner that can be 
filed with the appropriate land recordation office, that the 
condition under subparagraph (A) has been satisfied. 
(c) PAYMENT OF COSTS OF CONVEYANCE.— 
(1) PAYMENT REQUIRED.—The Secretary shall require the 
United Tribes Technical College to cover costs to be incurred 
by the Secretary, or to reimburse the Secretary for costs 
incurred by the Secretary, to carry out the conveyance under 
subsection (a), including survey costs, costs related to environ-
mental documentation, and other administrative costs related 
to the conveyance. If amounts are collected from the United 
Tribes Technical College in advance of the Secretary incurring 
the actual costs, and the amount collected exceeds the costs 
actually incurred by the Secretary to carry out the conveyance, 
the Secretary shall refund the excess amount to the United 
Tribes Technical College. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursements under paragraph (1) shall be credited to 
the fund or account that was used to cover the costs incurred 
by the Secretary in carrying out the conveyance. Amounts 
so credited shall be merged with amounts in such fund or 
account and shall be available for the same purposes, and 
subject to the same conditions and limitations, as amounts 
in such fund or account. 
(d) DESCRIPTION OF REAL PROPERTY.—The exact acreage and 
legal description of the real property to be conveyed under sub-
section (a) shall be determined by a survey satisfactory to the 
Secretary. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2849. LAND EXCHANGE, FORT HOOD, TEXAS. 
(a) EXCHANGE AUTHORIZED.—The Secretary of the Army may 
convey to the City of Copperas Cove, Texas (in this section referred 
to as the ‘‘City’’), all right, title, and interest of the United States 
Certification. 
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122 STAT. 559 
PUBLIC LAW 110–181—JAN. 28, 2008 
in and to a parcel of real property, including any improvements 
thereon, consisting of approximately 200 acres at Fort Hood, Texas, 
for the purpose of permitting the City to improve arterial transpor-
tation routes in the community. 
(b) CONSIDERATION.—As consideration for the conveyance under 
subsection (a), the City shall convey to the Secretary all right, 
title, and interest of the City in and to one or more parcels of 
real property that are acceptable to the Secretary. The fair market 
value of the real property acquired by the Secretary under this 
subsection shall be at least equal to the fair market value of 
the real property conveyed under subsection (a), as determined 
by appraisals acceptable to the Secretary. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be exchanged under this section 
shall be determined by surveys satisfactory to the Secretary. 
(d) PAYMENT OF COSTS OF CONVEYANCES.— 
(1) PAYMENT REQUIRED.—The Secretary shall require the 
City to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, 
to carry out the conveyances under this section, including 
survey costs related to the conveyances. If amounts are collected 
from the City in advance of the Secretary incurring the actual 
costs, and the amount collected exceeds the costs actually 
incurred by the Secretary to carry out the conveyances, the 
Secretary shall refund the excess amount to the City. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
under paragraph (1) as reimbursement for costs incurred by 
the Secretary to carry out the conveyances under this section 
shall be credited to the fund or account that was used to 
cover the costs incurred by the Secretary in carrying out the 
conveyances. Amounts so credited shall be merged with 
amounts in such fund or account and shall be available for 
the same purposes, and subject to the same conditions and 
limitations, as amounts in such fund or account. 
(e) ADDITIONAL TERM AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyances under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
Subtitle D—Energy Security 
SEC. 2861. REPEAL OF CONGRESSIONAL NOTIFICATION REQUIREMENT 
REGARDING CANCELLATION CEILING FOR DEPARTMENT 
OF DEFENSE ENERGY SAVINGS PERFORMANCE CON-
TRACTS. 
Section 2913 of title 10, United States Code, is amended by 
striking subsection (e). 
SEC. 2862. DEFINITION OF ALTERNATIVE FUELED VEHICLE. 
Section 301(3) of the Energy Policy Act of 1992 (42 U.S.C. 
13211(3)) is amended— 
(1) by striking ‘‘(3) the term’’ and inserting the following: 
‘‘(3) ALTERNATIVE FUELED VEHICLE.— 
‘‘(A) IN GENERAL.—The term’’; and 
(2) by adding at the end the following: 
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122 STAT. 560 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(B) INCLUSIONS.—The term ‘alternative fueled vehicle’ 
includes— 
‘‘(i) a new qualified fuel cell motor vehicle (as 
defined in section 30B(b)(3) of the Internal Revenue 
Code of 1986); 
‘‘(ii) a new advanced lean burn technology motor 
vehicle (as defined in section 30B(c)(3) of that Code); 
‘‘(iii) a new qualified hybrid motor vehicle (as 
defined in section 30B(d)(3) of that Code); and 
‘‘(iv) any other type of vehicle that the Adminis-
trator demonstrates to the Secretary would achieve 
a significant reduction in petroleum consumption.’’. 
SEC. 2863. USE OF ENERGY EFFICIENT LIGHTING FIXTURES AND 
BULBS IN DEPARTMENT OF DEFENSE FACILITIES. 
(a) CONSTRUCTION
AND
ALTERATION
OF
BUILDINGS.—Each 
building constructed or significantly altered by the Secretary of 
Defense or the Secretary of a military department shall be equipped, 
to the maximum extent feasible as determined by the Secretary 
concerned, with lighting fixtures and bulbs that are energy efficient. 
(b) MAINTENANCE OF BUILDINGS.—Each lighting fixture or bulb 
that is replaced in the normal course of maintenance of buildings 
under the jurisdiction of the Secretary of Defense or the Secretary 
of a military department shall be replaced, to the maximum extent 
feasible as determined by the Secretary concerned, with a lighting 
fixture or bulb that is energy efficient. 
(c) CONSIDERATIONS.—In making a determination under this 
section concerning the feasibility of installing a lighting fixture 
or bulb that is energy efficient, the Secretary of Defense or the 
Secretary of a military department shall consider— 
(1) the life cycle cost effectiveness of the fixture or bulb; 
(2) the compatibility of the fixture or bulb with existing 
equipment; 
(3) whether use of the fixture or bulb could result in inter-
ference with productivity; 
(4) the aesthetics relating to use of the fixture or bulb; 
and 
(5) such other factors as the Secretary concerned deter-
mines appropriate. 
(d) ENERGY STAR.—A lighting fixture or bulb shall be treated 
as being energy efficient for purposes of this section if— 
(1) the fixture or bulb is certified under the Energy Star 
program established by section 324A of the Energy Policy and 
Conservation Act (42 U.S.C. 6294a); or 
(2) the Secretary of Defense or the Secretary of a military 
department has otherwise determined that the fixture or bulb 
is energy efficient. 
(e) SIGNIFICANT ALTERATIONS.—A building shall be treated as 
being significantly altered for purposes of subsection (a) if the 
alteration is subject to congressional authorization under section 
2802 of title 10, United States Code. 
(f) WAIVER AUTHORITY.—The Secretary of Defense may waive 
the requirements of this section if the Secretary determines that 
such a waiver is necessary to protect the national security interests 
of the United States. 
10 USC 2911 
note. 
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122 STAT. 561 
PUBLIC LAW 110–181—JAN. 28, 2008 
(g) EFFECTIVE DATE.—The requirements of subsections (a) and 
(b) shall take effect one year after the date of the enactment 
of this Act. 
SEC. 2864. REPORTING REQUIREMENTS RELATING TO RENEWABLE 
ENERGY USE BY DEPARTMENT OF DEFENSE TO MEET 
DEPARTMENT ELECTRICITY NEEDS. 
(a) INITIAL REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall submit to the congres-
sional defense committees a report containing the following informa-
tion: 
(1) The extent to which energy from renewable energy 
sources is used to meet the electricity needs of the Department 
of Defense, to be stated as a percentage of total facility elec-
tricity use for the previous fiscal year. 
(2) The extent to which energy from renewable energy 
sources was procured through alternative financing methods, 
to be stated as a percentage of total renewable energy procure-
ment and as a dollar amount for the previous fiscal year. 
(3) The extent to which energy from renewable energy 
sources was procured through the use of appropriated funds, 
to be stated as a percentage of total renewable energy procure-
ment and as a dollar amount for the previous fiscal year. 
(4) A graphical illustration of energy use from renewable 
energy sources by the Department as a percentage of total 
facility electricity use over time, starting no later than fiscal 
year 2000 and running through fiscal year 2025, including 
projected future trends in renewable energy consumption 
through fiscal year 2025 in order to meet the goals for renew-
able energy set forth in section 2911(e) of title 10, United 
States Code, or other goals, as appropriate. 
(b) SUBSEQUENT REPORTS.—For fiscal year 2008 and each fiscal 
year thereafter, the information required by paragraphs (1) through 
(4) of subsection (a) shall be included in the Annual Energy Manage-
ment Report prepared by the Under Secretary of Defense for 
Acquisition, Technology, and Logistics. 
(c) RENEWABLE ENERGY SOURCES DEFINED.—In this section, 
the term ‘‘renewable energy sources’’ has the meaning given that 
term in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C. 
15852(b)). 
Subtitle E—Other Matters 
SEC. 2871. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL 
ANNEX TO ARLINGTON NATIONAL CEMETERY. 
Subsection (h) of section 2881 of the Military Construction 
Authorization Act for Fiscal Year 2000 (division B of Public Law 
106–65; 113 Stat. 879), as amended by section 2863 of the Military 
Construction Authorization Act for Fiscal Year 2002 (division B 
of Public Law 107–107; 115 Stat. 1330), section 2851 of the Military 
Construction Authorization Act for Fiscal Year 2003 (division B 
of Public Law 107–314; 116 Stat. 2726), and section 2881 of the 
Military Construction Authorization Act for Fiscal Year 2005 (divi-
sion B of Public Law 108–375; 115 Stat. 2153), is further amended 
10 USC 2911 
note. 
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122 STAT. 562 
PUBLIC LAW 110–181—JAN. 28, 2008 
by striking paragraphs (1) and (2) and inserting the following 
new paragraphs: 
‘‘(1) January 1, 2011; 
‘‘(2) the date on which the Navy Annex property is no 
longer required (as determined by the Secretary of Defense) 
for use as temporary office space; or 
‘‘(3) one year after the date on which the Secretary of 
the Army notifies the Secretary of Defense that the Navy 
Annex property is needed for the expansion of Arlington 
National Cemetery.’’. 
SEC. 2872. TRANSFER OF JURISDICTION OVER AIR FORCE MEMORIAL 
TO DEPARTMENT OF THE AIR FORCE. 
(a) TRANSFER OF JURISDICTION.—Notwithstanding section 2881 
of the Military Construction Authorization Act for Fiscal Year 2000 
(division B of Public Law 106–65; 113 Stat. 879) and section 2863 
of the Military Construction Authorization Act for Fiscal Year 2002 
(division B of Public Law 107–107; 115 Stat. 1330; 40 U.S.C. 1003 
note), the Secretary of the Army may transfer administrative juris-
diction, custody, and control of the parcel of Federal land described 
in subsection (b)(1) of such section 2863 to the Secretary of the 
Air Force. 
(b) LIMITATION ON PAYMENT OF EXPENSES.—If the Air Force 
Memorial is transferred to the Secretary of the Air Force as author-
ized by subsection (a), the United States shall not pay any costs 
incurred for the maintenance and repair of the Air Force Memorial. 
SEC. 2873. REPORT ON PLANS TO REPLACE THE MONUMENT AT THE 
TOMB OF THE UNKNOWNS AT ARLINGTON NATIONAL 
CEMETERY, VIRGINIA. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of the Army and the 
Secretary of Veterans Affairs shall jointly submit to Congress a 
report setting forth the following: 
(1) The current plans of the Secretaries with respect to— 
(A) replacing the monument at the Tomb of the 
Unknowns at Arlington National Cemetery, Virginia; and 
(B) disposing of the current monument at the Tomb 
of the Unknowns, if it were removed and replaced. 
(2) An assessment of the feasibility and advisability of 
repairing the monument at the Tomb of the Unknowns rather 
than replacing it. 
(3) A description of the current efforts of the Secretaries 
to maintain and preserve the monument at the Tomb of the 
Unknowns. 
(4) An explanation of why no attempt has been made 
since 1989 to repair the monument at the Tomb of the 
Unknowns. 
(5) A comprehensive estimate of the cost of replacement 
of the monument at the Tomb of the Unknowns and the cost 
of repairing such monument. 
(6) An assessment of the structural integrity of the monu-
ment at the Tomb of the Unknowns. 
(b) LIMITATION ON ACTION.—The Secretary of the Army and 
the Secretary of Veterans Affairs may not take any action to replace 
the monument at the Tomb of the Unknowns at Arlington National 
Cemetery, Virginia, until 180 days after the date of the receipt 
by Congress of the report required by subsection (a). 
Notification. 
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122 STAT. 563 
PUBLIC LAW 110–181—JAN. 28, 2008 
(c) EXCEPTION.—The limitation in subsection (b) shall not pre-
vent the Secretary of the Army or the Secretary of Veterans Affairs 
from repairing the current monument at the Tomb of the Unknowns 
or from acquiring any blocks of marble for uses related to such 
monument, subject to the availability of appropriations for those 
purposes. 
SEC. 2874. INCREASED AUTHORITY FOR REPAIR, RESTORATION, AND 
PRESERVATION OF LAFAYETTE ESCADRILLE MEMORIAL, 
MARNES-LA-COQUETTE, FRANCE. 
Section 1065 of the National Defense Authorization Act for 
Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1233) is amended— 
(1) in subsection (a)(2), by striking ‘‘$2,000,000’’ and 
inserting ‘‘$2,500,000’’; and 
(2) in subsection (e), by striking ‘‘under section 301(a)(4)’’. 
SEC. 2875. ADDITION OF WOONSOCKET LOCAL PROTECTION PROJECT. 
Section 2866 of the Military Construction Authorization Act 
for Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 
2499) is amended by adding at the end the following new subsection: 
‘‘(d) WOONSOCKET LOCAL PROTECTION PROJECT.— 
‘‘(1) ASSUMPTION OF RESPONSIBILITY.—The Secretary of the 
Army, acting through the Chief of Engineers, shall assume 
responsibility for the annual operation and maintenance of 
the Woonsocket local protection project authorized by section 
10 of the Act of December 22, 1944 (commonly known as the 
Flood Control Act of 1944; 58 Stat. 892, chapter 665), including 
by acquiring, in accordance with paragraph (2), any interest 
of the city of Woonsocket, Rhode Island, in and to land and 
structures required for the continued operation and mainte-
nance, repair, replacement, rehabilitation, and structural integ-
rity of the project, as identified by the city, in coordination 
with the Secretary. 
‘‘(2) ACQUISITION.—As a condition on the Secretary’s 
assumption of responsibility for the Woonsocket local protection 
project under paragraph (1), the city of Woonsocket shall 
convey, not later than one year after the date of the enactment 
of the National Defense Authorization Act for Fiscal Year 2008, 
to the Secretary of the Army, by quitclaim deed and without 
consideration, all right, title, and interest of the city in and 
to the Woonsocket local protection project, including any 
interest of the city in and to land and structures required 
for the continued operation and maintenance, repair, replace-
ment, rehabilitation, and structural integrity of the project, 
as identified by the city.’’. 
SEC. 2876. REPEAL OF MORATORIUM ON IMPROVEMENTS AT FORT 
BUCHANAN, PUERTO RICO. 
Section 1507 of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106–398; 114 Stat. 1654A–355) is repealed. 
SEC. 2877. ESTABLISHMENT OF NATIONAL MILITARY WORKING DOG 
TEAMS MONUMENT ON SUITABLE MILITARY INSTALLA-
TION. 
(a) AUTHORITY TO ESTABLISH MONUMENT.—The Secretary of 
Defense may permit the National War Dogs Monument, Inc., to 
16 USC 431 note. 
Deadline. 
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122 STAT. 564 
PUBLIC LAW 110–181—JAN. 28, 2008 
establish and maintain, at a suitable location at Fort Belvoir, Vir-
ginia, or another military installation in the United States, a 
national monument to honor the sacrifice and service of United 
States Armed Forces working dog teams that have participated 
in the military operations of the United States. 
(b) LOCATION AND DESIGN OF MONUMENT.—The actual location 
and final design of the monument authorized by subsection (a) 
shall be subject to the approval of the Secretary. In selecting the 
military installation and site on such installation to serve as the 
location for the monument, the Secretary shall seek to maximize 
access to the resulting monument for both visitors and their dogs. 
(c) MAINTENANCE.—The maintenance of the monument author-
ized by subsection (a) by the National War Dogs Monument, Inc., 
shall be subject to such conditions regarding access to the monu-
ment, and such other conditions, as the Secretary considers appro-
priate to protect the interests of the United States. 
(d) LIMITATION ON PAYMENT OF EXPENSES.—The United States 
Government shall not pay any expense for the establishment or 
maintenance of the monument authorized by subsection (a). 
SEC. 2878. REPORT REQUIRED PRIOR TO REMOVAL OF MISSILES FROM 
564TH MISSILE SQUADRON. 
(a) REPORT REQUIRED.—The Secretary of Defense shall submit 
to the congressional defense committees a report on the feasibility 
of establishing an association between the 120th Fighter Wing 
of the Montana Air National Guard and active duty personnel 
stationed at Malmstrom Air Force Base, Montana. In preparing 
the report, the Secretary shall include the following evaluations: 
(1) An evaluation of the requirement of the Air Force 
for additional F–15 aircraft active or reserve component force 
structure. 
(2) An evaluation of the airspace training opportunities 
in the immediate airspace around Great Falls International 
Airport Air Guard Station. 
(3) An evaluation of the impact of civilian operations on 
military operations at Great Falls International Airport. 
(4) An evaluation of the level of civilian encroachment 
on the facilities and airspace of the 120th Fighter Wing. 
(5) An evaluation of the support structure available, 
including active military bases nearby. 
(6) An evaluation of opportunities for additional association 
between the Montana National Guard and the 341st Space 
Wing. 
(b) LIMITATION ON REMOVAL PENDING REPORT.—Not more than 
40 missiles may be removed from the 564th Missile Squadron 
until 15 days after the report required in subsection (a) has been 
submitted. 
SEC. 2879. REPORT ON CONDITION OF SCHOOLS UNDER JURISDICTION 
OF DEPARTMENT OF DEFENSE EDUCATION ACTIVITY. 
(a) REPORT REQUIRED.—Not later than March 1, 2008, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the conditions of schools under the jurisdic-
tion of the Department of Defense Education Activity. 
(b) CONTENT.—The report required under subsection (a) shall 
include the following: 
(1) A description of each school under the control of the 
Secretary, including the location, year constructed, grades of 
20 USC 921 note. 
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122 STAT. 565 
PUBLIC LAW 110–181—JAN. 28, 2008 
attending children, maximum capacity, and current capacity 
of the school. 
(2) A description of the standards and processes used by 
the Secretary to assess the adequacy of the size of school 
facilities, the ability of facilities to support school programs, 
and the current condition of facilities. 
(3) A description of the conditions of the facility or facilities 
at each school, including the level of compliance with the stand-
ards described in paragraph (2), any existing or projected 
facility deficiencies or inadequate conditions at each facility, 
and whether any of the facilities listed are temporary struc-
tures. 
(4) An investment strategy planned for each school to cor-
rect deficiencies identified in paragraph (3), including a descrip-
tion of each project to correct such deficiencies, cost estimates, 
and timelines to complete each project. 
(5) A description of requirements for new schools to be 
constructed over the next 10 years as a result of changes 
to the population of military personnel. 
(c) USE OF REPORT AS MASTER PLAN FOR REPAIR, UPGRADE, 
AND CONSTRUCTION
OF SCHOOLS.—The Secretary shall use the 
report required under subsection (a) as a master plan for the 
repair, upgrade, and construction of schools in the Department 
of Defense system that support dependents of members of the 
Armed Forces and civilian employees of the Department of Defense. 
SEC. 2880. REPORT ON FACILITIES AND OPERATIONS OF DARNALL 
ARMY MEDICAL CENTER, FORT HOOD MILITARY RES-
ERVATION, TEXAS. 
(a) IN GENERAL.—Not later than 120 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report assessing the 
facilities and operations of the Darnall Army Medical Center at 
Fort Hood Military Reservation, Texas. 
(b) CONTENT.—The report required under subsection (a) shall 
include the following: 
(1) A specific determination of whether the facilities cur-
rently housing Darnall Army Medical Center meet Department 
of Defense standards for Army medical centers. 
(2) A specific determination of whether the existing facili-
ties adequately support the operations of Darnall Army Medical 
Center, including the missions of medical treatment, medical 
hold, medical holdover, and Warriors in Transition. 
(3) A specific determination of whether the existing facili-
ties provide adequate physical space for the number of per-
sonnel that would be required for Darnall Army Medical Center 
to function as a full-sized Army medical center. 
(4) A specific determination of whether the current levels 
of medical and medical-related personnel at Darnall Army Med-
ical Center are adequate to support the operations of a full- 
sized Army medical center. 
(5) A specific determination of whether the current levels 
of graduate medical education and medical residency programs 
currently in place at Darnall Army Medical Center are adequate 
to support the operations of a full-sized Army medical center. 
(6) A description of any and all deficiencies identified by 
the Secretary. 
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122 STAT. 566 
PUBLIC LAW 110–181—JAN. 28, 2008 
(7) A proposed investment plan and timeline to correct 
such deficiencies. 
SEC. 2881. REPORT ON FEASIBILITY OF ESTABLISHING A REGIONAL 
DISASTER RESPONSE CENTER AT KELLY AIR FIELD, SAN 
ANTONIO, TEXAS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Federal response to Hurricane Katrina dem-
onstrated the need for greater coordination and planning capa-
bility at the Federal, State, and local levels of government. 
(2) Coordination of State and local assets can be more 
effectively accomplished if such assets are organized on a 
regional basis similar to the manner in which the Federal 
Emergency Management Agency organizes its efforts. 
(3) Despite the obvious need for experienced and routinely 
exercised operational headquarters skilled in disaster response, 
no such headquarters have been established. 
(4) Such a headquarters would be appropriately located 
on available Federal property in Region VI of the Federal 
Emergency Management Agency, which includes Texas, Lou-
isiana, Oklahoma, Arkansas, and New Mexico, and is a region 
subject to forest fires, floods, hurricanes, and tornadoes. 
(b) REPORT REQUIRED.—Not later than March 31, 2008, the 
Secretary of Defense, in coordination with the Secretary of Home-
land Security, shall submit to Congress a report on the feasibility 
of establishing at Kelly Air Field in San Antonio, Texas, a perma-
nent, regionally oriented disaster response center responsible for 
planning, coordinating, and directing the Federal, State, and local 
response to man-made and natural disasters that occur in Region 
VI of the Federal Emergency Management Agency. 
(c) CONTENT.—The report required under subsection (b) shall 
include the following: 
(1) A determination of how the regional disaster response 
center, if established at Kelly Air Field, would organize and 
leverage capabilities of the following currently co-located 
organizations, facilities, and forces located in San Antonio, 
Texas: 
(A) Lackland Air Force Base. 
(B) Fort Sam Houston. 
(C) Brooke Army Medical Center. 
(D) Wilford Hall Medical Center. 
(E) City of San Antonio/Bexar County Emergency Oper-
ations Center. 
(F) Audie Murphy Veterans Administration Medical 
Center. 
(G) 433rd Airlift Wing C–5 Heavy Lift Aircraft. 
(H) 149 Fighter Wing and Texas Air National Guard 
F–16 fighter aircraft. 
(I) Army Northern Command. 
(J) The three level 1 trauma centers of the National 
Trauma Institute. 
(K) Texas Medical Rangers. 
(L) San Antonio Metro Health Department. 
(M) The University of Texas Health Science Center 
at San Antonio. 
(N) The Air Intelligence Surveillance and Reconnais-
sance Agency at Lackland Air Force Base. 
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122 STAT. 567 
PUBLIC LAW 110–181—JAN. 28, 2008 
(O) The United States Air Force Security Police 
Training Department at Lackland Air Force Base. 
(P) The large manpower pools and blood donor pools 
from the more than 6,000 trainees at Lackland Air Force 
Base. 
(2) A determination of the number of military and civilian 
personnel who would have to be mobilized to run the logistics, 
planning, and maintenance of the regional disaster response 
center, if established at Kelly Air Field, during a time of dis-
aster recovery. 
(3) A determination of the number of military and civilian 
personnel who would be required to run the logistics, planning, 
and maintenance of the regional disaster response center during 
a time when no disaster is occurring. 
(4) A determination of the cost of improving the current 
infrastructure at Kelly Air Field to meet the needs of displaced 
victims of a disaster equivalent to that of Hurricanes Katrina 
and Rita or a natural or man-made disaster of similar scope, 
including adequate beds, food stores, and decontamination sta-
tions to triage radiation or other chemical or biological agent 
contamination victims. 
(5) An evaluation of the current capability of the Depart-
ment of Defense and the Department of Homeland Security 
to respond to these mission requirements and an assessment 
of any additional capabilities that are required. 
(6) An assessment of the costs and benefits of adding such 
capabilities at Kelly Air Field to the costs and benefits of 
other locations. 
SEC. 2882. NAMING OF HOUSING FACILITY AT FORT CARSON, COLO-
RADO, IN HONOR OF THE HONORABLE JOEL HEFLEY, 
A FORMER MEMBER OF THE UNITED STATES HOUSE OF 
REPRESENTATIVES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Representative Joel Hefley was elected to represent 
Colorado’s 5th Congressional district in 1986 and served in 
the House of Representatives until the end of the 109th Con-
gress in 2007 with distinction, class, integrity, and honor. 
(2) Representative Hefley served on the Committee on 
Armed Services of the House of Representatives for 18 years, 
including service as Chairman of the Subcommittee on Military 
Installations and Facilities from 1995 through 2000 and, from 
2001 until 2007, as Chairman of the Subcommittee on Readi-
ness. 
(3) Representative Hefley was a fair and effective lawmaker 
who worked for the national interest while never forgetting 
his Western roots. 
(4) Representative Hefley’s efforts on the Committee on 
Armed Services were instrumental to the military value of, 
and quality of life at, installations in the State of Colorado, 
including Fort Carson, Cheyenne Mountain, Peterson Air Force 
Base, Schriever Air Force Base, Buckley Air Force Base, and 
the United States Air Force Academy. 
(5) Representative Hefley was a leader in efforts to retain 
and expand Fort Carson as an essential part of the national 
defense system during the Defense Base Closure and Realign-
ment process. 
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122 STAT. 568 
PUBLIC LAW 110–181—JAN. 28, 2008 
(6) Representative Hefley consistently advocated for pro-
viding members of the Armed Forces and their families with 
quality, safe, and affordable housing and supportive commu-
nities. 
(7) 
Representative 
Hefley 
spearheaded 
the 
Military 
Housing Privatization Initiative to eliminate inadequate 
housing on military installations, with the first pilot program 
located at Fort Carson. 
(8) Representative Hefley’s leadership on the Military 
Housing Privatization Initiative allowed for the privatization 
of more than 121,000 units of military family housing, which 
brought meaningful improvements to living conditions for thou-
sands of members of the Armed Forces and their spouses and 
children at installations throughout the United States. 
(9) It is fitting and proper that an appropriate military 
family housing area or structure at Fort Carson be designated 
in honor of Representative Hefley. 
(b) DESIGNATION.—Notwithstanding Army Regulation AR 1– 
33, the Secretary of the Army shall designate one of the military 
family housing areas or facilities constructed for Fort Carson, Colo-
rado, using the authority provided by subchapter IV of chapter 
169 of title 10, United States Code, as the ‘‘Joel Hefley Village’’. 
SEC. 2883. NAMING OF NAVY AND MARINE CORPS RESERVE CENTER 
AT ROCK ISLAND, ILLINOIS, IN HONOR OF THE HONOR-
ABLE LANE EVANS, A FORMER MEMBER OF THE UNITED 
STATES HOUSE OF REPRESENTATIVES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Representative Lane Evans was elected to the House 
of Representatives in 1982 and served in the House of Rep-
resentatives until the end of the 109th Congress in 2007 rep-
resenting the people of Illinois’ 17th Congressional district. 
(2) As a member of the Committee on Armed Services 
of the House of Representatives, Representative Evans worked 
to bring common sense priorities to defense spending and 
strengthen the military’s conventional readiness. 
(3) Representative Evans was a tireless advocate for mili-
tary veterans, ensuring that veterans receive the medical care 
they need and advocating for individuals suffering from post- 
traumatic stress disorder and Gulf War Syndrome. 
(4) Representative Evans’ efforts to improve the transition 
of individuals from military service to the care of the Depart-
ment of Veterans Affairs will continue to benefit generations 
of veterans long into the future. 
(5) Representative Evans was credited with bringing new 
services to veterans living in his Congressional district, 
including outpatient clinics in the Quad Cities and Quincy 
and the Quad-Cities Vet Center. 
(6) Representative Evans worked with local leaders to pro-
mote the Rock Island Arsenal, and it earned new jobs and 
missions through his support. 
(7) In honor of his service in the Marine Corps and to 
his district and the United States, it is fitting and proper 
that the Navy and Marine Corps Reserve Center at Rock Island 
Arsenal be named in honor of Representative Evans. 
(b) DESIGNATION.—The Navy and Marine Corps Reserve Center 
at Rock Island Arsenal, Illinois, shall be known and designated 
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122 STAT. 569 
PUBLIC LAW 110–181—JAN. 28, 2008 
as the ‘‘Lane Evans Navy and Marine Corps Reserve Center’’. 
Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the Navy and Marine Corps Reserve 
Center at Rock Island Arsenal shall be deemed to be a reference 
to the Lane Evans Navy and Marine Corps Reserve Center. 
SEC. 2884. NAMING OF RESEARCH LABORATORY AT AIR FORCE ROME 
RESEARCH SITE, ROME, NEW YORK, IN HONOR OF THE 
HONORABLE SHERWOOD L. BOEHLERT, A FORMER 
MEMBER OF THE UNITED STATES HOUSE OF REPRESENT-
ATIVES. 
The new laboratory building at the Air Force Rome Research 
Site, Rome, New York, shall be known and designated as the 
‘‘Sherwood Boehlert Center of Excellence for Information Science 
and Technology’’. Any reference in a law, map, regulation, docu-
ment, paper, or other record of the United States to such laboratory 
facility shall be deemed to be a reference to the Sherwood Boehlert 
Center of Excellence for Information Science and Technology. 
SEC. 2885. NAMING OF ADMINISTRATION BUILDING AT JOINT SYSTEMS 
MANUFACTURING CENTER, LIMA, OHIO, IN HONOR OF 
THE 
HONORABLE 
MICHAEL 
G. 
OXLEY, 
A 
FORMER 
MEMBER OF THE UNITED STATES HOUSE OF REPRESENT-
ATIVES. 
The administration building under construction at the Joint 
Systems Manufacturing Center in Lima, Ohio, shall be known and 
designated as the ‘‘Michael G. Oxley Administration and Technology 
Center’’. Any reference in a law, map, regulation, document, paper, 
or other record of the United States to such building shall be 
deemed to be a reference to the Michael G. Oxley Administration 
and Technology Center. 
SEC. 2886. NAMING OF LOGISTICS AUTOMATION TRAINING FACILITY, 
ARMY QUARTERMASTER CENTER AND SCHOOL, FORT 
LEE, VIRGINIA, IN HONOR OF GENERAL RICHARD H. 
THOMPSON. 
Notwithstanding Army Regulation AR 1–33, the Logistics Auto-
mation Training Facility of the Army Quartermaster Center and 
School at Fort Lee, Virginia, shall be known and designated as 
the ‘‘General Richard H. Thompson Logistics Automation Training 
Facility’’ in honor of General Richard H. Thompson, the only 
quartermaster to have risen from private to full general. Any ref-
erence in a law, map, regulation, document, paper, or other record 
of the United States to such facility shall be deemed to be a 
reference to the General Richard H. Thompson Logistics Automation 
Training Facility. 
SEC. 2887. AUTHORITY TO RELOCATE JOINT SPECTRUM CENTER TO 
FORT MEADE, MARYLAND. 
(a) AUTHORITY TO CARRY OUT RELOCATION AGREEMENT.—The 
Secretary of Defense may carry out an agreement to relocate the 
Joint Spectrum Center, a geographically separated unit of the 
Defense Information Systems Agency, from Annapolis, Maryland, 
to Fort Meade, Maryland, or another military installation if— 
(1) the Secretary determines that the relocation of the 
Joint Spectrum Center is in the best interest of national secu-
rity and the physical protection of personnel and missions of 
the Department of Defense; and 
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122 STAT. 570 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) the agreement between the lease holder and the Depart-
ment of Defense provides equitable and appropriate terms to 
facilitate the relocation. 
(b) AUTHORIZATION.—Any facility, road, or infrastructure con-
structed or altered on a military installation as a result of the 
agreement referred to in subsection (a) is deemed to be authorized 
in accordance with section 2802 of title 10, United States Code. 
(c) TERMINATION OF EXISTING LEASE.—Upon completion of the 
relocation of the Joint Spectrum Center, all right, title, and interest 
of the United States in and to the existing lease for the Joint 
Spectrum Center shall be terminated, as contemplated under Condi-
tion 29.B of the lease. 
TITLE XXIX—WAR-RELATED AND EMER-
GENCY MILITARY CONSTRUCTION AU-
THORIZATIONS 
Sec. 2901. Authorized Army construction and land acquisition projects. 
Sec. 2902. Authorized Navy construction and land acquisition projects. 
Sec. 2903. Authorized Air Force construction and land acquisition projects. 
Sec. 2904. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2905. Authorized base closure and realignment activities funded through De-
partment of Defense Base Closure Account 2005 and related authoriza-
tion of appropriations. 
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in subsection (c)(1), 
the Secretary of the Army may acquire real property and carry 
out military construction projects for the installations or locations 
inside the United States, and in the amounts, set forth in the 
following table: 
Army: Inside the United States 
State 
Installation or Location 
Amount 
Colorado ...........................
Fort Carson ..........................................
$8,100,000 
Georgia ............................
Fort Stewart .........................................
$6,000,000 
Kansas .............................
Fort Riley .............................................
$50,000,000 
Kentucky .........................
Fort Campbell ......................................
$7,400,000 
Louisiana .........................
Fort Polk ..............................................
$4,900,000 
New York .........................
Fort Drum ............................................
$38,000,000 
Texas ................................
Fort Hood .............................................
$9,100,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in subsection (c)(2), 
the Secretary of the Army may acquire real property and carry 
out military construction projects for the installations or locations 
outside the United States, and in the amounts, set forth in the 
following table: 
Army: Outside the United States 
Country 
Installation or Location 
Amount 
Afghanistan .....................
Bagram Air Base .................................
$249,600,000 
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122 STAT. 571 
PUBLIC LAW 110–181—JAN. 28, 2008 
Army: Outside the United States—Continued 
Country 
Installation or Location 
Amount 
Ghazni ..................................................
$5,000,000 
Kabul ....................................................
$36,000,000 
Iraq ..................................
Camp Adder .........................................
$80,650,000 
Al Asad .................................................
$92,600,000 
Camp Anaconda ...................................
$53,500,000 
Camp Constitution ..............................
$11,700,000 
Camp Cropper ......................................
$9,500,000 
Fallujah ................................................
$880,000 
Camp Marez .........................................
$880,000 
Mosul ....................................................
$43,000,000 
Q-West ..................................................
$26,000,000 
Camp Ramadi ......................................
$880,000 
Scania ...................................................
$14,200,000 
Camp Speicher .....................................
$83,900,000 
Camp Taqqadum .................................
$880,000 
Tikrit ....................................................
$43,000,000 
Camp Victory .......................................
$65,400,000 
Camp Warrior ......................................
$880,000 
Various Locations ................................
$207,000,000 
Kuwait .............................
Camp Arifjan .......................................
$30,000,000 
(c) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2007, for military construction, land acquisition, and 
military family housing functions of the Department of the Army 
in the total amount of $1,257,750,000 as follows: 
(1) For military construction projects inside the United 
States authorized by subsection (a), $123,500,000. 
(2) For military construction projects outside the United 
States authorized by subsection (b), $1,055,450,000. 
(3) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$78,800,000. 
(d) 
REPORT
REQUIRED
BEFORE
COMMENCING
CERTAIN 
PROJECTS.—Funds may not be obligated for the projects authorized 
by subsection (b) for Camp Arifjan, Kuwait, or Camp Cropper, 
Iraq, until 14 days after the date on which the Secretary of Defense 
submits to the congressional defense committees a report, in either 
unclassified or classified form, containing a detailed justification 
for the project, including the overall intent of the requested 
construction, host-nation views, longevity of the site selected, and 
timelines for completion. The Secretary shall submit the report 
not later than January 15, 2008. 
SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in subsection (d)(1), 
the Secretary of the Navy may acquire real property and carry 
out military construction projects for the installations or locations 
inside the United States, and in the amounts, set forth in the 
following table: 
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122 STAT. 572 
PUBLIC LAW 110–181—JAN. 28, 2008 
Navy: Inside the United States 
State 
Installation or Location 
Amount 
California ...........
Camp Pendleton ............................................
$102,034,000 
Twentynine Palms .........................................
$4,440,000 
North Carolina ..
Camp Lejeune ................................................
$43,340,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in subsection (d)(2), 
the Secretary of the Navy may acquire real property and carry 
out military construction projects for the installations or locations 
outside the United States, and in the amounts, set forth in the 
following table: 
Navy: Outside the United States 
Country 
Installation or Location 
Amount 
Djibouti ..............
Camp Lemonier .............................................
$25,410,000 
(c) FAMILY HOUSING.—Using amounts appropriated pursuant 
to the authorization of appropriations in subsection (d)(4), the Sec-
retary of the Navy may construct or acquire family housing units 
(including land acquisition and supporting facilities) at the installa-
tions or locations, and in the amounts, set forth in the following 
table: 
Navy: Family Housing 
State 
Installation or Location 
Amount 
California ...........
Camp Pendleton ............................................
$10,692,000 
Twentynine Palms .........................................
$1,074,000 
(d) AUTHORIZATION
OF APPROPRIATIONS.—Subject to section 
2825 of title 10, United States Code, funds are hereby authorized 
to be appropriated for fiscal years beginning after September 30, 
2007, for military construction, land acquisition, and military family 
housing functions of the Department of the Navy in the total 
amount of $198,781,000, as follows: 
(1) For military construction projects inside the United 
States authorized by subsection (a), $149,814,000. 
(2) For military construction projects outside the United 
States authorized by subsection (a), $25,410,000. 
(3) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$11,791,000. 
(4) For construction and acquisition, planning and design, 
and improvement of military family housing and facilities, 
$11,766,000. 
SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in subsection (b)(1), 
the Secretary of the Air Force may acquire real property and 
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122 STAT. 573 
PUBLIC LAW 110–181—JAN. 28, 2008 
carry out military construction projects for the installations or 
locations outside the United States, and in the amounts, set forth 
in the following table: 
Air Force: Outside the United States 
Country 
Installation or Location 
Amount 
Afghanistan .......
Bagram Air Base ...........................................
$108,800,000 
Kandahar .......................................................
$26,300,000 
Iraq ....................
Balad Air Base ...............................................
$58,300,000 
Kyrgyzstan ........
Manas Air Base .............................................
$30,300,000 
(b) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2007, for military construction, land acquisition, and 
military family housing functions of the Department of the Air 
Force in the total amount of $258,700,000, as follows: 
(1) For military construction projects outside the United 
States authorized by subsection (a), $223,700,000. 
(2) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$35,000,000. 
SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in subsection (c)(1), 
the Secretary of Defense may acquire real property and carry out 
military construction projects for the installations or locations inside 
the United States, and in the amounts, set forth in the following 
table: 
Defense Agencies: Inside the United States 
State 
Installation or Location 
Amount 
Texas ..................
Fort Sam Houston .........................................
$21,000,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in subsection (c)(2), 
the Secretary of Defense may acquire real property and carry out 
military construction projects for the installations or locations out-
side the United States, and in the amounts, set forth in the following 
table: 
Defense Agencies: Outside the United States 
Country 
Installation or Location 
Amount 
Qatar ..................
Al Udeid .........................................................
$6,600,000 
(c) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2007, for military construction, land acquisition, and 
military family housing functions of the Department of Defense 
(other than the military departments) in the total amount of 
$27,600,000 as follows: 
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122 STAT. 574 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) For military construction projects inside the United 
States authorized by subsection (a), $21,000,000. 
(2) For military construction projects outside the United 
States authorized by subsection (a), $6,600,000. 
SEC. 2905. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVI-
TIES FUNDED THROUGH DEPARTMENT OF DEFENSE 
BASE 
CLOSURE 
ACCOUNT 
2005 
AND 
RELATED 
AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES 
FUNDED
THROUGH
DEPARTMENT
OF
DEFENSE
BASE
CLOSURE 
ACCOUNT 2005.—Using amounts authorized appropriated pursuant 
to the authorization of appropriations in subsection (b), the Sec-
retary of Defense may carry out base closure and realignment 
activities otherwise authorized by section 2702 of this Act, including 
real property acquisition and military construction projects, as 
authorized by the Defense Base Closure and Realignment Act of 
1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 
note) and funded through the Department of Defense Base Closure 
Account 2005 established by section 2906A of such Act, in the 
amount of $423,650,000. Such amount is in addition to the amount 
specified for such base closure and realignment activities in section 
2702 of this Act. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2007, for base closure and realignment activities author-
ized by subsection (a) and funded through the Department of 
Defense Base Closure Account 2005 in the total amount of 
$415,910,000. 
DIVISION C—DEPARTMENT OF ENERGY 
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY 
NATIONAL SECURITY PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Sec. 3105. Energy security and assurance. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Reliable Replacement Warhead program. 
Sec. 3112. Nuclear test readiness. 
Sec. 3113. Modification of reporting requirement. 
Sec. 3114. Limitation on availability of funds for Fissile Materials Disposition pro-
gram. 
Sec. 3115. Modification of limitations on availability of funds for Waste Treatment 
and Immobilization Plant. 
Sec. 3116. Modification of sunset date of the Office of the Ombudsman of the En-
ergy Employees Occupational Illness Compensation Program. 
Sec. 3117. Technical amendments. 
Subtitle C—Other Matters 
Sec. 3121. Study on using existing pits for the Reliable Replacement Warhead pro-
gram. 
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122 STAT. 575 
PUBLIC LAW 110–181—JAN. 28, 2008 
Sec. 3122. Report on retirement and dismantlement of nuclear warheads. 
Sec. 3123. Plan for addressing security risks posed to nuclear weapons complex. 
Sec. 3124. Department of Energy protective forces. 
Sec. 3125. Evaluation of National Nuclear Security Administration strategic plan 
for advanced computing. 
Sec. 3126. Sense of Congress on the nuclear nonproliferation policy of the United 
States and the Reliable Replacement Warhead program. 
Sec. 3127. Department of Energy report on plan to strengthen and expand Inter-
national Radiological Threat Reduction program. 
Sec. 3128. Department of Energy report on plan to strengthen and expand Mate-
rials Protection, Control, and Accounting program. 
Sec. 3129. Agreements and reports on nuclear forensics capabilities. 
Sec. 3130. Report on status of environmental management initiatives to accelerate 
the reduction of environmental risks and challenges posed by the legacy 
of the Cold War. 
Subtitle D—Nuclear Terrorism Prevention 
Sec. 3131. Definitions. 
Sec. 3132. Sense of Congress on the prevention of nuclear terrorism. 
Sec. 3133. Minimum security standard for nuclear weapons and formula quantities 
of strategic special nuclear material. 
Sec. 3134. Annual report. 
Subtitle A—National Security Programs 
Authorizations 
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated to the Department of Energy for 
fiscal year 2008 for the activities of the National Nuclear Security 
Administration in carrying out programs necessary for national 
security in the amount of $9,576,095,000, to be allocated as follows: 
(1) For weapons activities, $6,465,574,000. 
(2) 
For 
defense 
nuclear 
nonproliferation 
activities, 
$1,902,646,000. 
(3) For naval reactors, $808,219,000. 
(4) For the Office of the Administrator for Nuclear Security, 
$399,656,000. 
(b) AUTHORIZATION
OF NEW PLANT PROJECTS.—From funds 
referred to in subsection (a) that are available for carrying out 
plant projects, the Secretary of Energy may carry out new plant 
projects for the National Nuclear Security Administration as follows: 
(1) For readiness in technical base and facilities, the fol-
lowing new plant projects: 
Project 08–D–801, High pressure fire loop, Pantex 
Plant, Amarillo, Texas, $7,000,000. 
Project 08–D–802, High explosive pressing facility, 
Pantex Plant, Amarillo, Texas, $25,300,000. 
Project 08–D–804, Technical Area 55 reinvestment 
project, Los Alamos National Laboratory, Los Alamos, New 
Mexico, $6,000,000. 
(2) For facilities and infrastructure recapitalization, the 
following new plant projects: 
Project 08–D–601, Mercury highway, Nevada Test Site, 
Nevada, $7,800,000. 
Project 08–D–602, Potable water system upgrades, Y– 
12 Plant, Oak Ridge, Tennessee, $22,500,000. 
(3) For safeguards and security, the following new plant 
project: 
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122 STAT. 576 
PUBLIC LAW 110–181—JAN. 28, 2008 
Project 08–D–701, Nuclear materials safeguards and 
security upgrade, Los Alamos National Laboratory, Los 
Alamos, New Mexico, $49,496,000. 
(4) For naval reactors, the following new plant projects: 
Project 08–D–901, Shipping and receiving and ware-
house complex, Bettis Atomic Power Laboratory, West 
Mifflin, Pennsylvania, $9,000,000. 
Project 08–D–190, Project engineering and design, 
Expended Core Facility M–290 Recovering Discharge Sta-
tion, Naval Reactors Facility, Idaho Falls, Idaho, $550,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated to the Department of Energy for 
fiscal year 2008 for defense environmental cleanup activities in 
carrying out programs necessary for national security in the amount 
of $5,367,905,000. 
(b) AUTHORIZATION
FOR NEW PLANT PROJECT.—From funds 
referred to in subsection (a) that are available for carrying out 
plant projects, the Secretary of Energy may carry out, for defense 
environmental cleanup activities, the following new plant project: 
Project 08–D–414, Project engineering and design, Pluto-
nium Vitrification Facility, various locations, $9,000,000. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2008 for other defense activities 
in carrying out programs necessary for national security in the 
amount of $763,974,000. 
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2008 for defense nuclear waste 
disposal for payment to the Nuclear Waste Fund established in 
section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10222(c)) in the amount of $292,046,000. 
SEC. 3105. ENERGY SECURITY AND ASSURANCE. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2008 for energy security and assur-
ance programs necessary for national security in the amount of 
$5,860,000. 
Subtitle B—Program Authorizations, 
Restrictions, and Limitations 
SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM. 
No funds appropriated pursuant to the authorization of appro-
priations in section 3101(a)(1) or otherwise made available for 
weapons activities of the National Nuclear Security Administration 
for fiscal year 2008 may be obligated or expended for activities 
under the Reliable Replacement Warhead program under section 
4204a of the Atomic Energy Defense Act (50 U.S.C. 2524a) beyond 
phase 2A activities. 
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122 STAT. 577 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 3112. NUCLEAR TEST READINESS. 
(a) REPEAL OF REQUIREMENTS ON READINESS POSTURE.—Section 
3113 of the National Defense Authorization Act for Fiscal Year 
2004 (Public Law 108–136; 117 Stat. 1743; 50 U.S.C. 2528a) is 
repealed. 
(b) REPORTS ON NUCLEAR TEST READINESS POSTURES.— 
(1) IN
GENERAL.—Section 4208 of the Atomic Energy 
Defense Act (50 U.S.C. 2528) is amended to read as follows: 
‘‘SEC. 4208. REPORTS ON NUCLEAR TEST READINESS. 
‘‘(a) IN GENERAL.—Not later than March 1, 2009, and every 
odd-numbered year thereafter, the Secretary of Energy shall submit 
to the congressional defense committees a report on the nuclear 
test readiness of the United States. 
‘‘(b) ELEMENTS.—Each report under subsection (a) shall include, 
current as of the date of such report, the following: 
‘‘(1) An estimate of the period of time that would be nec-
essary for the Secretary of Energy to conduct an underground 
test of a nuclear weapon once directed by the President to 
conduct such a test. 
‘‘(2) A description of the level of test readiness that the 
Secretary of Energy, in consultation with the Secretary of 
Defense, determines to be appropriate. 
‘‘(3) A list and description of the workforce skills and 
capabilities that are essential to carrying out an underground 
nuclear test at the Nevada Test Site. 
‘‘(4) A list and description of the infrastructure and physical 
plant that are essential to carrying out an underground nuclear 
test at the Nevada Test Site. 
‘‘(5) An assessment of the readiness status of the skills 
and capabilities described in paragraph (3) and the infrastruc-
ture and physical plant described in paragraph (4). 
‘‘(c) FORM.—Each report under subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.’’. 
(2) CLERICAL AMENDMENT.—The item relating to section 
4208 in the table of contents for such Act is amended to read 
as follows: 
‘‘Sec. 4208. Reports on nuclear test readiness.’’. 
SEC. 3113. MODIFICATION OF REPORTING REQUIREMENT. 
Section 3111 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3539) is amended— 
(1) by redesignating subsections (c) and (d) as (d) and 
(e), respectively; 
(2) by inserting after subsection (b) the following: 
‘‘(c) FORM.—The report required by subsection (b) shall be sub-
mitted in classified form, and shall include a detailed unclassified 
summary.’’; and 
(3) in subsection (e), as so redesignated, by striking ‘‘(c)’’ 
and inserting ‘‘(d)’’. 
SEC. 3114. LIMITATION ON AVAILABILITY OF FUNDS FOR FISSILE 
MATERIALS DISPOSITION PROGRAM. 
(a) LIMITATION PENDING REPORT ON USE OF PRIOR FISCAL YEAR 
FUNDS.—No more than 75 percent of the fiscal year 2008 Fissile 
Materials Disposition program funds may be obligated for the Fissile 
Materials Disposition program until the Secretary of Energy, in 
consultation with the Administrator for Nuclear Security, submits 
50 USC 2528. 
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122 STAT. 578 
PUBLIC LAW 110–181—JAN. 28, 2008 
to the congressional defense committees a report setting forth a 
plan for obligating and expending funds made available for that 
program in fiscal years before fiscal year 2008 that remain available 
for obligation or expenditure as of January 1, 2005, and for fiscal 
year 2008. 
(b) AVAILABILITY OF UNUTILIZED FUNDS UNDER CERTIFICATION 
OF PARTIAL USE.—Any funds identified in the plan required in 
subsection (a) that are not planned to be obligated by the end 
of fiscal year 2009 shall also be available for any defense nuclear 
nonproliferation activities (other than the Fissile Materials Disposi-
tion program) for which amounts are authorized to be appropriated 
by section 3101(a)(2). 
(c) FISCAL YEAR 2008 FISSILE MATERIALS DISPOSITION PROGRAM 
FUNDS DEFINED.—In this section, the term ‘‘fiscal year 2008 Fissile 
Materials Disposition program funds’’ means amounts authorized 
to be appropriated by section 3101(a)(2) and available for the Fissile 
Materials Disposition program. 
SEC. 3115. MODIFICATION OF LIMITATIONS ON AVAILABILITY OF 
FUNDS FOR WASTE TREATMENT AND IMMOBILIZATION 
PLANT. 
Paragraph (2) of section 3120(a) of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2510) is amended— 
(1) by striking ‘‘the Defense Contract Management Agency 
has recommended for acceptance’’ and inserting ‘‘an inde-
pendent entity has reviewed’’; and 
(2) by inserting ‘‘and that the system has been certified 
by the Secretary for use by a construction contractor at the 
Waste Treatment and Immobilization Plant’’ after ‘‘Waste 
Treatment and Immobilization Plant’’. 
SEC. 3116. MODIFICATION OF SUNSET DATE OF THE OFFICE OF THE 
OMBUDSMAN OF THE ENERGY EMPLOYEES OCCUPA-
TIONAL ILLNESS COMPENSATION PROGRAM. 
Section 3686(g) of the Energy Employees Occupational Illness 
Compensation Program Act of 2000 (42 U.S.C. 7385s–15(g)) is 
amended by striking ‘‘on the date that is 3 years after the date 
of the enactment of this section’’ and inserting ‘‘October 28, 2012’’. 
SEC. 3117. TECHNICAL AMENDMENTS. 
The Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is 
amended as follows: 
(1) The heading of section 4204a (50 U.S.C. 2524a) is 
amended to read as follows: 
‘‘SEC. 4204A. RELIABLE REPLACEMENT WARHEAD PROGRAM.’’. 
(2) The table of contents for that Act is amended by 
inserting after the item relating to section 4204 the following 
new item: 
‘‘Sec. 4204A. Reliable Replacement Warhead program.’’. 
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122 STAT. 579 
PUBLIC LAW 110–181—JAN. 28, 2008 
Subtitle C—Other Matters 
SEC. 3121. STUDY ON USING EXISTING PITS FOR THE RELIABLE 
REPLACEMENT WARHEAD PROGRAM. 
(a) STUDY REQUIRED.—The Administrator for Nuclear Security, 
in consultation with the Nuclear Weapons Council, shall carry 
out a study analyzing the feasibility of using existing pits in the 
Reliable Replacement Warhead program. 
(b) REPORT.— 
(1) IN GENERAL.—Not later six months after the date of 
the enactment of this Act, the Administrator shall submit to 
the congressional defense committees a report on the results 
of the study. The report shall be in unclassified form, but 
may include a classified annex. 
(2) MATTERS
INCLUDED.—The report shall contain the 
assessment of the Administrator of the results of the study, 
including— 
(A) an assessment of— 
(i) whether using existing pits in the program is 
technically feasible; 
(ii) whether using existing pits in the program 
is more advantageous than using newly manufactured 
pits in the program; 
(iii) the number of existing pits suitable for such 
use; 
(iv) whether proceeding to use existing pits in the 
program before using newly manufactured pits in the 
program is desirable; and 
(v) the extent to which using existing pits, as com-
pared to using newly manufactured pits, in the pro-
gram would reduce future requirements for new pit 
production, and how such use of existing pits would 
affect the schedule and scope for new pit production; 
and 
(B) a comparison of the requirements for certifying— 
(i) reliable replacement warheads using existing 
pits; 
(ii) reliable replacement warheads using newly 
manufactured pits; and 
(iii) warheads maintained by the Stockpile Life 
Extension Program. 
(c) FUNDING.—Of the amounts made available pursuant to the 
authorization of appropriations in section 3101(a)(1), such funds 
as may be necessary shall be available to carry out this section. 
SEC. 3122. REPORT ON RETIREMENT AND DISMANTLEMENT OF 
NUCLEAR WARHEADS. 
Not later than March 1, 2008, the Administrator for Nuclear 
Security, in consultation with the Nuclear Weapons Council, shall 
submit to the congressional defense committees a report on the 
retirement and dismantlement of the nuclear warheads that will 
not be part of the enduring stockpile as of December 31, 2012, 
but that have not yet been retired or dismantled. The report shall 
include— 
(1) the existing plan and schedule for retiring and disman-
tling those warheads; 
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122 STAT. 580 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) an assessment of the capacity of the nuclear weapons 
complex to accommodate an accelerated schedule for retiring 
and dismantling those warheads, taking into account the full 
range of capabilities in the complex; and 
(3) an identification of the resources needed to accommo-
date such an accelerated schedule for retiring and dismantling 
those warheads. 
SEC. 3123. PLAN FOR ADDRESSING SECURITY RISKS POSED TO 
NUCLEAR WEAPONS COMPLEX. 
Section 3253(b) of the National Nuclear Security Administration 
Act (50 U.S.C. 2453(b)) is amended by adding at the end the 
following: 
‘‘(6) A plan, developed in consultation with the Director 
of the Office of Health, Safety, and Security of the Department 
of Energy, for the research and development, deployment, and 
lifecycle sustainment of the technologies employed within the 
nuclear weapons complex to address physical and cyber security 
threats during the applicable five-fiscal year period, together 
with— 
‘‘(A) for each site in the nuclear weapons complex, 
a description of the technologies deployed to address the 
physical and cyber security threats posed to that site; 
‘‘(B) for each site and for the nuclear weapons complex, 
the methods used by the National Nuclear Security 
Administration to establish priorities among investments 
in physical and cyber security technologies; and 
‘‘(C) a detailed description of how the funds identified 
for each program element specified pursuant to paragraph 
(1) in the budget for the Administration for each fiscal 
year during that five-fiscal year period will help carry 
out that plan.’’. 
SEC. 3124. DEPARTMENT OF ENERGY PROTECTIVE FORCES. 
(a) COMPTROLLER
GENERAL
REPORT
ON
DEPARTMENT
OF 
ENERGY PROTECTIVE FORCE MANAGEMENT.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General of the 
United States shall submit to the Committee on Armed Services 
of the Senate and the Committee on Armed Services of the 
House of Representatives a report on the management of the 
protective forces of the Department of Energy. 
(2) CONTENTS.—The report shall include the following: 
(A) An identification of each Department of Energy 
site with Category I nuclear materials. 
(B) For each site identified under subparagraph (A)— 
(i) a description of the management and contrac-
tual structure for protective forces at the site; 
(ii) a statement of the number and category of 
protective force members at the site; 
(iii) a description of the manner in which the site 
is moving to a tactical response force as required by 
the policy of the Department of Energy and an assess-
ment of the issues or problems, if any, involved in 
moving to such a force; 
(iv) a description of the extent to which the protec-
tive force at the site has been assigned or is responsible 
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122 STAT. 581 
PUBLIC LAW 110–181—JAN. 28, 2008 
for law enforcement or law-enforcement related activi-
ties; 
(v) an assessment of the ability of the protective 
force at the site to fulfill any such law enforcement 
or law enforcement-related responsibilities; and 
(vi) an assessment of whether the protective force 
at the site is adequately staffed, trained, and equipped 
to comply with the requirements of the Design Basis 
Threat issued by the Department of Energy in 
November 2005 and, if not, when it is projected to 
be. 
(C) An analysis comparing the management, training, 
pay, benefits, duties, responsibilities, and assignments of 
the protective force at each site identified under subpara-
graph (A) with the management, training, pay, benefits, 
duties, responsibilities, and assignments of the Federal 
transportation security force of the Department of Energy. 
(D) A statement of options for managing the protective 
force at sites identified under subparagraph (A) in a more 
uniform manner, an analysis of the advantages and dis-
advantages of each option, and an assessment of the 
approximate cost of each option when compared with the 
costs associated with the existing management of the 
protective force at such sites. 
(3) FORM.—The report shall be submitted in unclassified 
form, but may include a classified annex. 
(b) DEPARTMENT OF ENERGY ANALYSIS OF ALTERNATIVES FOR 
MANAGING AND DEPLOYING PROTECTIVE FORCES.— 
(1) IN GENERAL.—Not later than 90 days after the date 
on which the report is submitted under subsection (a), the 
Secretary of Energy, in conjunction with the Administrator 
for Nuclear Security and the Assistant Secretary for Environ-
mental Management, shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services 
of the House of Representatives a report on the management 
of the protective forces of the Department of Energy. 
(2) CONTENTS.—The report shall include the following: 
(A) Each of the matters specified in subparagraphs 
(A), (B), and (C) of subsection (a)(2). 
(B) Each of the matters specified in subparagraph (D) 
of subsection (a)(2), except that— 
(i) the options analyzed shall include each of the 
options included in the report submitted under sub-
section (a), as well as any other options identified 
by the Secretary; and 
(ii) the analysis and assessment shall also include 
an analysis of the role played by incentives inherent 
in the use of private contractors to provide protective 
forces in the performance of those protective forces. 
(3) FORM.—The report shall be submitted in unclassified 
form, but may include a classified annex. 
SEC. 3125. EVALUATION OF NATIONAL NUCLEAR SECURITY ADMINIS-
TRATION STRATEGIC PLAN FOR ADVANCED COMPUTING. 
(a) IN GENERAL.—The Secretary of Energy shall— 
(1) enter into an agreement with an independent entity 
to conduct an evaluation of the strategic plan for advanced 
Contracts. 
Deadline. 
Reports. 
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122 STAT. 582 
PUBLIC LAW 110–181—JAN. 28, 2008 
computing of the National Nuclear Security Administration; 
and 
(2) not later than one year after the date of the enactment 
of this Act, submit to the congressional defense committees 
a report containing the results of the evaluation described 
in paragraph (1). 
(b) ELEMENTS.—The evaluation described in subsection (a)(1) 
shall include the following: 
(1) An assessment of— 
(A) the adequacy of the strategic plan in supporting 
the Stockpile Stewardship Program; 
(B) the role of research into, and development of, high- 
performance computing supported by the National Nuclear 
Security Administration in fulfilling the mission of the 
National 
Nuclear 
Security 
Administration 
and 
in 
maintaining the leadership of the United States in high- 
performance computing; and 
(C) the impacts of changes in investment levels or 
research and development strategies on fulfilling the mis-
sions of the National Nuclear Security Administration. 
(2) An assessment of the efforts of the Department of 
Energy to— 
(A) coordinate high-performance computing work 
within the Department, in particular between the National 
Nuclear Security Administration and the Office of Science; 
(B) develop joint strategies with other Federal agencies 
and private industry groups for the development of high- 
performance computing; and 
(C) share high-performance computing developments 
with private industry and capitalize on innovations in pri-
vate industry in high-performance computing. 
SEC. 3126. SENSE OF CONGRESS ON THE NUCLEAR NON-PROLIFERA-
TION POLICY OF THE UNITED STATES AND THE RELI-
ABLE REPLACEMENT WARHEAD PROGRAM. 
It is the sense of Congress that— 
(1) the United States should maintain its commitment to 
Article VI of the Treaty on the Non-Proliferation of Nuclear 
Weapons, done at Washington, London, and Moscow July 1, 
1968, and entered into force March 5, 1970 (in this section 
referred to as the ‘‘Nuclear Non-Proliferation Treaty’’); 
(2) the United States should initiate talks with Russia 
to reduce the number of nonstrategic nuclear weapons and 
further reduce the number of strategic nuclear weapons in 
the respective nuclear weapons stockpiles of the United States 
and Russia in a transparent and verifiable fashion and in 
a manner consistent with the security of the United States; 
(3) the United States and other declared nuclear weapons 
state parties to the Nuclear Non-Proliferation Treaty, together 
with weapons states that are not parties to the Treaty, should 
work to reduce the total number of nuclear weapons in the 
respective stockpiles and related delivery systems of such 
states; 
(4) the United States, Russia, and other states should 
work to negotiate, and then sign and ratify, a treaty setting 
forth a date for the cessation of the production of fissile mate-
rial; 
Deadline. 
Reports. 
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122 STAT. 583 
PUBLIC LAW 110–181—JAN. 28, 2008 
(5) the United States should sustain the science-based 
stockpile stewardship program, which provides the basis for 
certifying the United States nuclear deterrent and maintaining 
the moratorium on underground nuclear weapons testing; 
(6) the United States should commit to dismantle as soon 
as possible all retired warheads or warheads that are planned 
to be retired from the United States nuclear weapons stockpile; 
(7) the United States, along with the other declared nuclear 
weapons state parties to the Nuclear Non-Proliferation Treaty, 
should participate in transparent discussions regarding their 
nuclear weapons programs and plans, including plans for any 
new weapons or warheads, and how such programs and plans 
relate to their obligations as nuclear weapons state parties 
under the Treaty; 
(8) the United States and the declared nuclear weapons 
state parties to the Nuclear Non-Proliferation Treaty should 
work to decrease reliance on, and the importance of, nuclear 
weapons; and 
(9) the United States should formulate any decision on 
whether to manufacture or deploy a reliable replacement war-
head within the broader context of the progress made by the 
United States toward achieving each of the goals described 
in paragraphs (1) through (8). 
SEC. 
3127. 
DEPARTMENT 
OF 
ENERGY 
REPORT 
ON 
PLAN 
TO 
STRENGTHEN AND EXPAND INTERNATIONAL RADIO-
LOGICAL THREAT REDUCTION PROGRAM. 
Not later than 120 days after the date of the enactment of 
this Act, the Secretary of Energy shall submit to Congress a report 
that sets forth a specific plan for strengthening and expanding 
the Department of Energy International Radiological Threat Reduc-
tion (IRTR) program within the Global Threat Reduction Initiative. 
The plan shall address concerns raised and recommendations made 
by the Government Accountability Office in its report of March 
13, 2007, titled ‘‘Focusing on the Highest Priority Radiological 
Sources Could Improve DOE’s Efforts to Secure Sources in Foreign 
Countries’’, and shall specifically include actions to— 
(1) improve the Department’s coordination with the Depart-
ment of State and the Nuclear Regulatory Commission; 
(2) improve information-sharing between the Department 
and the International Atomic Energy Agency; 
(3) with respect to hospitals and clinics containing radio-
logical sources that receive security upgrades, give high priority 
to those determined to be the highest risk; 
(4) accelerate efforts to remove as many radioisotope 
thermoelectric generators (RTGs) in the Russian Federation 
as practicable; 
(5) develop a long-term sustainability plan for security 
upgrades that includes, among other things, future resources 
required to implement such a plan; and 
(6) develop a long-term operational plan that ensures suffi-
cient funding for the IRTR program and ensures sufficient 
funding to identify, recover, and secure all vulnerable high- 
risk radiological sources worldwide as quickly and effectively 
as possible. 
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122 STAT. 584 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 
3128. 
DEPARTMENT 
OF 
ENERGY 
REPORT 
ON 
PLAN 
TO 
STRENGTHEN AND EXPAND MATERIALS PROTECTION, 
CONTROL, AND ACCOUNTING PROGRAM. 
Not later than 120 days after the date of the enactment of 
this Act, the Secretary of Energy shall submit to Congress a specific 
plan for strengthening and expanding the Department of Energy 
Materials Protection, Control, and Accounting (MPC&A) program. 
The plan shall address concerns raised and recommendations made 
by the Government Accountability Office in its report of February 
2007, titled ‘‘Progress Made in Improving Security at Russian 
Nuclear Sites, but the Long-Term Sustainability of U.S. Funded 
Security Upgrades is Uncertain’’, and shall specifically include 
actions to— 
(1) strengthen program management and the effectiveness 
of the Department’s efforts to improve security at weapons- 
usable nuclear material and warhead sites in the Russian Fed-
eration and other countries by— 
(A) revising the metrics used to measure MPC&A pro-
gram progress to better reflect the level of security upgrade 
completion at buildings reported as ‘‘secure’’; 
(B) actively working with other countries, in coordina-
tion with the Secretary of State, to develop an appropriate 
access plan for each country; and 
(C) developing a management information system to 
track the Department’s progress in providing Russia with 
a sustainable MPC&A system by 2013; and 
(2) develop a long-term operational plan that ensures suffi-
cient funding for the MPC&A program, including for National 
Programs and Sustainability, and ensures sufficient funding 
to secure all weapons-usable nuclear material and warhead 
sites as quickly and effectively as possible. 
SEC. 3129. AGREEMENTS AND REPORTS ON NUCLEAR FORENSICS 
CAPABILITIES. 
(a) INTERNATIONAL AGREEMENTS.— 
(1) IN GENERAL.—Title XLIII of the Atomic Energy Defense 
Act (50 U.S.C. 2561 et seq.) is amended by adding at the 
end the following: 
‘‘SEC. 4307. INTERNATIONAL AGREEMENTS ON NUCLEAR WEAPONS 
DATA. 
‘‘The Secretary of Energy may, with the concurrence of the 
Secretary of State and in coordination with the Secretary of Defense, 
the Secretary of Homeland Security, and the Director of National 
Intelligence, enter into agreements with countries or international 
organizations to conduct data collection and analysis to determine 
accurately and in a timely manner the source of any components 
of, or fissile material used or attempted to be used in, a nuclear 
device or weapon. 
‘‘SEC. 4308. INTERNATIONAL AGREEMENTS ON INFORMATION ON 
RADIOACTIVE MATERIALS. 
‘‘The Secretary of Energy may, with the concurrence of the 
Secretary of State and in coordination with the Secretary of Defense, 
the Secretary of Homeland Security, and the Director of National 
Intelligence, enter into agreements with countries or international 
organizations— 
50 USC 2573. 
50 USC 2572. 
Operational plan. 
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122 STAT. 585 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(1) to acquire for the materials information program of 
the Department of Energy validated information on the physical 
characteristics of radioactive material produced, used, or stored 
at various locations, in order to facilitate the ability to deter-
mine accurately and in a timely manner the source of any 
components of, or fissile material used or attempted to be 
used in, a nuclear device or weapon; and 
‘‘(2) to obtain access to information described in paragraph 
(1) in the event of— 
‘‘(A) a nuclear detonation; or 
‘‘(B) the interdiction or discovery of a nuclear device 
or weapon or nuclear material.’’. 
(2) CLERICAL AMENDMENT.—The table of contents at the 
beginning of such Act is amended by inserting after the item 
relating to section 4306A the following: 
‘‘Sec. 4307. International agreements on nuclear weapons data. 
‘‘Sec. 4308. International agreements on information on radioactive materials.’’. 
(b) REPORT ON AGREEMENTS.—Not later than one year after 
the date of the enactment of this Act, the Secretary of Energy 
shall, in coordination with the Secretary of State, submit to Con-
gress a report identifying— 
(1) the countries or international organizations with which 
the Secretary has sought to make agreements pursuant to 
sections 4307 and 4308 of the Atomic Energy Defense Act, 
as added by subsection (a); 
(2) any countries or international organizations with which 
such agreements have been finalized and the measures included 
in such agreements; and 
(3) any major obstacles to completing such agreements 
with other countries and international organizations. 
(c) REPORT ON STANDARDS AND CAPABILITIES.—Not later than 
180 days after the date of the enactment of this Act, the President 
shall submit to Congress a report— 
(1) setting forth standards and procedures to be used in 
determining accurately and in a timely manner any country 
or group that knowingly or negligently provides to another 
country or group— 
(A) a nuclear device or weapon; 
(B) a major component of a nuclear device or weapon; 
or 
(C) fissile material that could be used in a nuclear 
device or weapon; 
(2) assessing the capability of the United States to collect 
and analyze nuclear material or debris in a manner consistent 
with the standards and procedures described in paragraph (1); 
and 
(3) including a plan and proposed funding for rectifying 
any shortfalls in the nuclear forensics capabilities of the United 
States by September 30, 2010. 
SEC. 3130. REPORT ON STATUS OF ENVIRONMENTAL MANAGEMENT 
INITIATIVES 
TO 
ACCELERATE 
THE 
REDUCTION 
OF 
ENVIRONMENTAL RISKS AND CHALLENGES POSED BY 
THE LEGACY OF THE COLD WAR. 
(a) IN GENERAL.—Not later than September 30, 2008, the Sec-
retary of Energy shall submit to the congressional defense commit-
tees and the Comptroller General of the United States a report 
Plan. 
President. 
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122 STAT. 586 
PUBLIC LAW 110–181—JAN. 28, 2008 
on the status of the environmental management initiatives under-
taken to accelerate the reduction of the environmental risks and 
challenges that, as a result of the legacy of the Cold War, are 
faced by the Department of Energy, contractors of the Department, 
and applicable Federal and State agencies with regulatory jurisdic-
tion. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) A discussion and assessment of the progress made in 
reducing the environmental risks and challenges described in 
subsection (a) in each of the following areas: 
(A) Acquisition strategy and contract management. 
(B) Regulatory agreements. 
(C) Interim storage and final disposal of high-level 
waste, spent nuclear fuel, transuranic waste, and low-level 
waste. 
(D) Closure and transfer of environmental remediation 
sites. 
(E) Achievements in innovation by contractors of the 
Department with respect to accelerated risk reduction and 
cleanup. 
(F) Consolidation of special nuclear materials and 
improvements in safeguards and security. 
(2) An assessment of whether legislative changes or clari-
fications would improve or accelerate environmental manage-
ment activities. 
(3) A listing of the major mandatory milestones and 
commitments by site, by type of agreement, and by year to 
the extent that they are currently defined, together with a 
summary of the major mandatory milestones by site that are 
projected to be missed or are in jeopardy of being missed, 
with categories to explain the reason for non-compliance. 
(4) An estimate of the life cycle cost of the current scope 
of the environmental management program as of October 1, 
2007, by project baseline summary and summarized by site, 
including assumptions impacting cost projections and descrip-
tions of the work to be done at each site. 
(5) For environmental cleanup liabilities and excess facili-
ties projected to be transferred to the environmental manage-
ment program, a description of the process for nomination 
and acceptance of new work scope into the program, a listing 
of pending nominations, and life cycle cost estimates and sched-
ules to address them. 
(c) REVIEW BY COMPTROLLER GENERAL.—Not later than March 
30, 2009, the Comptroller General shall submit to the congressional 
defense committees a report containing a review of the report 
required by subsection (a). 
Subtitle D—Nuclear Terrorism Prevention 
SEC. 3131. DEFINITIONS. 
In this subtitle: 
(1) The term ‘‘Convention on the Physical Protection of 
Nuclear Material’’ means the Convention on the Physical 
Protection of Nuclear Material, signed at New York and Vienna 
March 3, 1980. 
22 USC 3244 
note. 
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122 STAT. 587 
PUBLIC LAW 110–181—JAN. 28, 2008 
(2) The term ‘‘formula quantities of strategic special nuclear 
material’’ means uranium–235 (contained in uranium enriched 
to 20 percent or more in the U–235 isotope), uranium–233, 
or plutonium in any combination in a total quantity of 5,000 
grams or more computed by the formula, grams = (grams 
contained U–235) + 2.5 (grams U–233 + grams plutonium), 
as set forth in the definitions of ‘‘formula quantity’’ and ‘‘stra-
tegic special nuclear material’’ in section 73.2 of title 10, Code 
of Federal Regulations. 
(3) The term ‘‘Nuclear Non-Proliferation Treaty’’ means 
the Treaty on the Non-Proliferation of Nuclear Weapons, done 
at Washington, London, and Moscow July 1, 1968, and entered 
into force March 5, 1970 (21 UST 483). 
(4) The term ‘‘nuclear weapon’’ means any device utilizing 
atomic energy, exclusive of the means for transporting or 
propelling the device (where such means is a separable and 
divisible part of the device), the principal purpose of which 
is for use as, or for the development of, a weapon, a weapon 
prototype, or a weapon test device. 
SEC. 3132. SENSE OF CONGRESS ON THE PREVENTION OF NUCLEAR 
TERRORISM. 
It is the sense of Congress that— 
(1) the President should make the prevention of a nuclear 
terrorist attack on the United States a high priority; 
(2) the President should accelerate programs, requesting 
additional funding as appropriate, to prevent nuclear terrorism, 
including 
combating 
nuclear 
smuggling, 
securing 
and 
accounting for nuclear weapons, and eliminating, removing, 
or securing and accounting for formula quantities of strategic 
special nuclear material wherever such quantities may be; 
(3) the United States, together with the international 
community, should take a comprehensive approach to reducing 
the danger of nuclear terrorism, including by making additional 
efforts to identify and eliminate terrorist groups that aim to 
acquire nuclear weapons, to ensure that nuclear weapons world-
wide are secure and accounted for and that formula quantities 
of strategic special nuclear material worldwide are eliminated, 
removed, or secure and accounted for to a degree sufficient 
to defeat the threat that terrorists and criminals have shown 
they can pose, and to increase the ability to find and stop 
terrorist efforts to manufacture nuclear explosives or to trans-
port nuclear explosives and materials anywhere in the world; 
(4) within such a comprehensive approach, a high priority 
must be placed on ensuring that all nuclear weapons worldwide 
are secure and accounted for and that all formula quantities 
of strategic special nuclear material worldwide are eliminated, 
removed, or secure and accounted for; and 
(5) the International Atomic Energy Agency should be 
funded appropriately to fulfill its role in coordinating inter-
national efforts to protect nuclear material and to combat 
nuclear smuggling. 
SEC. 3133. MINIMUM SECURITY STANDARD FOR NUCLEAR WEAPONS 
AND FORMULA QUANTITIES OF STRATEGIC SPECIAL 
NUCLEAR MATERIAL. 
(a) POLICY.—It is the policy of the United States to work 
with the international community to take all possible steps to 
22 USC 3244 
note. 
22 USC 3244 
note. 
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122 STAT. 588 
PUBLIC LAW 110–181—JAN. 28, 2008 
ensure that all nuclear weapons around the world are secure and 
accounted for and that all formula quantities of strategic special 
nuclear material are eliminated, removed, or secure and accounted 
for to a level sufficient to defeat the threats posed by terrorists 
and criminals. 
(b) INTERNATIONAL NUCLEAR SECURITY STANDARD.—It is the 
sense of Congress that, in furtherance of the policy described in 
subsection (a), and consistent with the requirement for ‘‘appropriate 
effective’’ physical protection contained in United Nations Security 
Council Resolution 1540 (2004), as well as the Nuclear Non-Pro-
liferation Treaty and the Convention on the Physical Protection 
of Nuclear Material, the President, in consultation with relevant 
Federal departments and agencies, should seek the broadest pos-
sible international agreement on a global standard for nuclear 
security that— 
(1) ensures that nuclear weapons and formula quantities 
of strategic special nuclear material are secure and accounted 
for to a sufficient level to defeat the threats posed by terrorists 
and criminals; 
(2) takes into account the limitations of equipment and 
human performance; and 
(3) includes steps to provide confidence that the needed 
measures have in fact been implemented. 
(c) INTERNATIONAL EFFORTS.—It is the sense of Congress that, 
in furtherance of the policy described in subsection (a), the Presi-
dent, in consultation with relevant Federal departments and agen-
cies, should— 
(1) work with other countries and the International Atomic 
Energy Agency to assist as appropriate, and if necessary work 
to convince, the governments of any and all countries in posses-
sion of nuclear weapons or formula quantities of strategic spe-
cial nuclear material to ensure that security is upgraded to 
meet the standard described in subsection (b) as rapidly as 
possible and in a manner that— 
(A) accounts for the nature of the terrorist and criminal 
threat in each such country; and 
(B) ensures that any measures to which the United 
States and any such country agree are sustained after 
United States and other international assistance ends; 
(2) ensure that United States financial and technical assist-
ance is available, as appropriate, to countries for which the 
provision of such assistance would accelerate the implementa-
tion of, or improve the effectiveness of, such security upgrades; 
and 
(3) work with the governments of other countries to ensure 
that effective nuclear security rules, accompanied by effective 
regulation and enforcement, are put in place to govern all 
nuclear weapons and formula quantities of strategic special 
nuclear material around the world. 
SEC. 3134. ANNUAL REPORT. 
(a) IN GENERAL.—Not later than September 1 of each year 
through 2012, the President, in consultation with relevant Federal 
departments and agencies, shall submit to Congress a report on 
the security of nuclear weapons and related equipment and formula 
quantities of strategic special nuclear material outside of the United 
States. 
President. 
22 USC 3244 
note. 
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122 STAT. 589 
PUBLIC LAW 110–181—JAN. 28, 2008 
(b) ELEMENTS.—The report required under subsection (a) shall 
include the following: 
(1) A section on the programs for the security and 
accounting of nuclear weapons and the elimination, removal, 
and security and accounting of formula quantities of strategic 
special nuclear material, established under section 3132(b) of 
the Ronald W. Reagan National Defense Authorization Act 
for Fiscal Year 2005 (50 U.S.C. 2569(b)), which shall include 
the following: 
(A) A survey of the facilities and sites worldwide that 
contain nuclear weapons or related equipment, or formula 
quantities of strategic special nuclear material. 
(B) A list of such facilities and sites determined to 
be of the highest priority for security and accounting of 
nuclear weapons and related equipment, or the elimination, 
removal, or security and accounting of formula quantities 
of strategic special nuclear material, taking into account 
risk of theft from such facilities and sites, and organized 
by level of priority. 
(C) A prioritized plan, including measurable mile-
stones, metrics, estimated timetables, and estimated costs 
of implementation, on the following: 
(i) The security and accounting of nuclear weapons 
and related equipment and the elimination, removal, 
or security and accounting of formula quantities of 
strategic special nuclear material at such facilities and 
sites worldwide. 
(ii) 
Ensuring 
that 
security 
upgrades 
and 
accounting reforms implemented at such facilities and 
sites worldwide, using the financial and technical 
assistance of the United States, are effectively sus-
tained after such assistance ends. 
(iii) The role that international agencies and the 
international community have committed to play, 
together with a plan for securing international con-
tributions. 
(D) An assessment of the progress made in imple-
menting the plan described in subparagraph (C), including 
a description of the efforts of foreign governments to secure 
and account for nuclear weapons and related equipment 
and to eliminate, remove, or secure and account for formula 
quantities of strategic special nuclear material. 
(2) A section on efforts to establish and implement the 
international nuclear security standard described in section 
3133(b) and related policies. 
(c) FORM.—The report may be submitted in classified form 
but shall include a detailed unclassified summary. 
Plan. 
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122 STAT. 590 
PUBLIC LAW 110–181—JAN. 28, 2008 
TITLE XXXII—WAR-RELATED NATIONAL 
NUCLEAR 
SECURITY 
ADMINISTRA-
TION AUTHORIZATIONS 
Sec. 3201. Additional war-related authorization of appropriations for National Nu-
clear Security Administration. 
SEC. 3201. ADDITIONAL WAR-RELATED AUTHORIZATION OF APPRO-
PRIATIONS 
FOR 
NATIONAL 
NUCLEAR 
SECURITY 
ADMINISTRATION. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal year 2008 to the Department of Energy for the 
National Nuclear Security Administration for defense nuclear non-
proliferation in the amount of $50,000,000, of which $30,000,000 
is for the International Nuclear Materials Protection and Coopera-
tion program and $20,000,000 is for the Global Threat Reduction 
Initiative. 
(b) TREATMENT AS ADDITIONAL AUTHORIZATION.—The amounts 
authorized to be appropriated by this section are in addition to 
amounts otherwise authorized to be appropriated by this Act. 
TITLE XXXIII—DEFENSE NUCLEAR 
FACILITIES SAFETY BOARD 
Sec. 3301. Authorization. 
SEC. 3301. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 2008, 
$22,499,000 for the operation of the Defense Nuclear Facilities 
Safety Board under chapter 21 of the Atomic Energy Act of 1954 
(42 U.S.C. 2286 et seq.). 
TITLE XXXIV—NAVAL PETROLEUM 
RESERVES 
Sec. 3401. Authorization of appropriations. 
Sec. 3402. Remedial action at Moab uranium milling site. 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There are hereby authorized to be appropriated 
to the Secretary of Energy $17,301,000 for fiscal year 2008 for 
the purpose of carrying out activities under chapter 641 of title 
10, United States Code, relating to the naval petroleum reserves. 
(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 
the authorization of appropriations in subsection (a) shall remain 
available until expended. 
SEC. 3402. REMEDIAL ACTION AT MOAB URANIUM MILLING SITE. 
Section 3405(i) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105–261; 10 
U.S.C. 7420 note) is amended by adding at the end the following 
new paragraph: 
‘‘(6)(A) Not later than October 1, 2019, the Secretary of Energy 
shall complete remediation at the Moab site and removal of the 
tailings to the Crescent Junction site in Utah. 
Deadline. 
Utah. 
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122 STAT. 591 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(B) In the event the Secretary of Energy is unable to complete 
remediation at the Moab Site by October 1, 2019, the Secretary 
shall submit to Congress a plan setting forth the projected comple-
tion date and the estimated funding to meet the revised date.
The 
Secretary shall submit the plan, if required, to Congress not later 
than October 2, 2019.’’. 
TITLE XXXV—MARITIME 
ADMINISTRATION 
Subtitle A—Maritime Administration Reauthorization 
Sec. 3501. Authorization of appropriations for fiscal year 2008. 
Sec. 3502. Temporary authority to transfer obsolete combatant vessels to Navy for 
disposal. 
Sec. 3503. Vessel disposal program. 
Subtitle B—Programs 
Sec. 3511. Commercial vessel chartering authority. 
Sec. 3512. Maritime Administration vessel chartering authority. 
Sec. 3513. Chartering to State and local governmental instrumentalities. 
Sec. 3514. Disposal of obsolete Government vessels. 
Sec. 3515. Vessel transfer authority. 
Sec. 3516. Sea trials for Ready Reserve Force. 
Sec. 3517. Review of applications for loans and guarantees. 
Subtitle C—Technical Corrections 
Sec. 3521. Personal injury to or death of seamen. 
Sec. 3522. Amendments to Chapter 537 based on Public Law 109–163. 
Sec. 3523. Additional amendments based on Public Law 109–163. 
Sec. 3524. Amendments based on Public Law 109–171. 
Sec. 3525. Amendments based on Public Law 109–241. 
Sec. 3526. Amendments based on Public Law 109–364. 
Sec. 3527. Miscellaneous amendments. 
Sec. 3528. Application of sunset provision to codified provision. 
Sec. 3529. Additional technical corrections. 
Subtitle A—Maritime Administration 
Reauthorization 
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
2008. 
Funds are hereby authorized to be appropriated for fiscal year 
2008, to be available without fiscal year limitation if so provided 
in appropriations Acts, for the use of the Department of Transpor-
tation for the Maritime Administration as follows: 
(1) For expenses necessary for operations and training 
activities, $124,303,000, of which— 
(A) $63,958,000 shall remain available until expended 
for expenses and capital improvements at the United States 
Merchant Marine Academy; and 
(B) $11,500,000 which shall remain available until 
expended for maintenance and repair of school ships at 
the State Maritime Academies. 
(2) For expenses to maintain and preserve a United States- 
flag merchant fleet to serve the national security needs of 
the United States under chapter 531 of title 46, United States 
Code, $156,000,000. 
(3) For paying reimbursement under section 3517 of the 
Maritime Security Act of 2003 (46 U.S.C. 53101 note), 
$19,500,000. 
Deadline. 
Plan. 
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122 STAT. 592 
PUBLIC LAW 110–181—JAN. 28, 2008 
(4) For assistance to small shipyards and maritime commu-
nities under section 54101 of title 46, United States Code, 
$25,000,000. 
(5) For expenses to dispose of obsolete vessels in the 
National Defense Reserve Fleet, including provision of assist-
ance under section 7 of Public Law 92–402, $20,000,000. 
(6) For the cost (as defined in section 502(5) of the Federal 
Credit Reform Act of 1990 (2 U.S.C 661a(5)) of loan guarantees 
under the program authorized by chapter 537 of title 46, United 
States Code, $30,000,000. 
(7) For administrative expenses related to the implementa-
tion of the loan guarantee program under chapter 537 of title 
46, United States Code, administrative expenses related to 
implementation of the reimbursement program under section 
3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101 
note), and administrative expenses related to the implementa-
tion of the small shipyards and maritime communities assist-
ance program under section 54101 of title 46, United States 
Code, $6,000,000. 
SEC. 
3502. 
TEMPORARY 
AUTHORITY 
TO 
TRANSFER 
OBSOLETE 
COMBATANT VESSELS TO NAVY FOR DISPOSAL. 
The Secretary of Transportation shall, subject to the availability 
of appropriations and consistent with section 1535 of title 31, United 
States Code, popularly known as the Economy Act, transfer to 
the Secretary of the Navy during fiscal year 2008 for disposal 
by the Navy, no fewer than 3 combatant vessels in the nonretention 
fleet of the Maritime Administration that are acceptable to the 
Secretary of the Navy. 
SEC. 3503. VESSEL DISPOSAL PROGRAM. 
(a) IN GENERAL.—Within 30 days after the date of the enact-
ment of this Act, the Secretary of Transportation shall convene 
a working group to review and make recommendations on best 
practices for the storage and disposal of obsolete vessels owned 
or operated by the Federal Government. The Secretary shall invite 
senior representatives from the Maritime Administration, the Coast 
Guard, the Environmental Protection Agency, the National Oceanic 
and Atmospheric Administration, and the United States Navy to 
participate in the working group. The Secretary may request the 
participation of senior representatives of any other Federal depart-
ment or agency, as appropriate, and may also request participation 
from concerned State environmental agencies. 
(b) SCOPE.—Among the vessels to be considered by the working 
group are Federally owned or operated vessels that are— 
(1) to be scrapped or recycled; 
(2) to be used as artificial reefs; or 
(3) to be used for the Navy’s SINKEX program. 
(c) PURPOSE.—The working group shall— 
(1) examine current storage and disposal policies, proce-
dures, and practices for obsolete vessels owned or operated 
by Federal agencies; 
(2) examine Federal and State laws and regulations gov-
erning such policies, procedures, and practices and any 
applicable environmental laws; and 
(3) within 90 days after the date of enactment of the 
Act, submit a plan to the Committee on Armed Services and 
the Committee on Commerce, Science and Transportation of 
Deadline. 
Plan. 
Deadline. 
Establishment. 
46 USC 57102 
note. 
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122 STAT. 593 
PUBLIC LAW 110–181—JAN. 28, 2008 
the Senate and the Committee on Armed Services of the House 
of Representatives to improve and harmonize practices for stor-
age and disposal of such vessels, including the interim transpor-
tation of such vessels. 
(d) CONTENTS OF PLAN.—The working group shall include in 
the plan submitted under subsection (c)(3)— 
(1) a description of existing measures for the storage, dis-
posal, and interim transportation of obsolete vessels owned 
or operated by Federal agencies in compliance with Federal 
and State environmental laws in a manner that protects the 
environment; 
(2) a description of Federal and State laws and regulations 
governing the current policies, procedures, and practices for 
the storage, disposal, and interim transportation of such ves-
sels; 
(3) recommendations for environmental best practices that 
meet or exceed, and harmonize, the requirements of Federal 
environmental laws and regulations applicable to the storage, 
disposal, and interim transportation of such vessels; 
(4) recommendations for environmental best practices that 
meet or exceed the requirements of State laws and regulations 
applicable to the storage, disposal, and interim transportation 
of such vessels; 
(5) procedures for the identification and remediation of 
any environmental impacts caused by the storage, disposal, 
and interim transportation of such vessels; and 
(6) recommendations for necessary steps, including regula-
tions if appropriate, to ensure that best environmental practices 
apply to all such vessels. 
(e) IMPLEMENTATION OF PLAN.— 
(1) IN
GENERAL.—As soon as practicable after the date 
of enactment of the Act, the head of each Federal department 
or agency participating in the working group, in consultation 
with the other Federal departments and agencies participating 
in the working group, shall take such action as may be nec-
essary, including the promulgation of regulations, under 
existing authorities to ensure that the implementation of the 
plan provides for compliance with all Federal and State laws 
and for the protection of the environment in the storage, interim 
transportation, and disposal of obsolete vessels owned or oper-
ated by Federal agencies. 
(2) ARMED SERVICES VESSELS.—The Secretary and the Sec-
retary of Defense, in consultation with the Administrator of 
the Environmental Protection Agency, shall each ensure that 
environmental best practices are observed with respect to the 
storage, disposal, and interim transportation of obsolete vessels 
owned or operated by the Department of Defense. 
(f) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to supersede, limit, modify, or otherwise affect any other 
provision of law, including environmental law. 
Subtitle B—Programs 
SEC. 3511. COMMERCIAL VESSEL CHARTERING AUTHORITY. 
(a) IN GENERAL.—Subchapter III of chapter 575 of title 46, 
United States Code, is amended by adding at the end the following: 
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122 STAT. 594 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘§ 57533. Vessel chartering authority 
‘‘The Secretary of Transportation may enter into contracts or 
other agreements on behalf of the United States to purchase, 
charter, operate, or otherwise acquire the use of any vessels docu-
mented under chapter 121 of this title and any other related real 
or personal property. The Secretary is authorized to use this 
authority as the Secretary deems appropriate.’’. 
(b) CONFORMING
AMENDMENT.—The chapter analysis for 
chapter 575 of such title is amended by adding at the end the 
following: 
‘‘57533. Vessel chartering authority’’. 
SEC. 
3512. 
MARITIME 
ADMINISTRATION 
VESSEL 
CHARTERING 
AUTHORITY. 
Section 50303 of title 46, United States Code, is amended 
by— 
(1) inserting ‘‘vessels,’’ after ‘‘piers,’’; and 
(2) by striking ‘‘control;’’ in subsection (a)(1) and inserting 
‘‘control, except that the prior consent of the Secretary of 
Defense for such use shall be required with respect to any 
vessel in the Ready Reserve Force or in the National Defense 
Reserve Fleet which is maintained in a retention status for 
the Department of Defense;’’. 
SEC. 3513. CHARTERING TO STATE AND LOCAL GOVERNMENTAL 
INSTRUMENTALITIES. 
Section 11(b) of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744(b)), is amended— 
(1) by striking ‘‘or’’ after the semicolon in paragraph (3); 
(2) by striking ‘‘Defense.’’ in paragraph (4) and inserting 
‘‘Defense; or’’; and 
(3) by adding at the end thereof the following: 
‘‘(5) on a reimbursable basis, for charter to the government 
of any State, locality, or Territory of the United States, except 
that the prior consent of the Secretary of Defense for such 
use shall be required with respect to any vessel in the Ready 
Reserve Force or in the National Defense Reserve Fleet which 
is maintained in a retention status for the Department of 
Defense.’’. 
SEC. 3514. DISPOSAL OF OBSOLETE GOVERNMENT VESSELS. 
Section 6(c)(1) of the National Maritime Heritage Act of 1994 
(16 U.S.C. 5405(c)(1)) is amended— 
(1) by inserting ‘‘(either by sale or purchase of disposal 
services)’’ after ‘‘shall dispose’’; and 
(2) by striking subparagraph (A) of paragraph (1) and 
inserting the following: 
‘‘(A) in accordance with a priority system for disposing 
of vessels, as determined by the Secretary, which shall 
include provisions requiring the Maritime Administration 
to— 
‘‘(i) dispose of all deteriorated high priority ships 
that are available for disposal, within 12 months of 
their designation as such; and 
‘‘(ii) give priority to the disposition of those vessels 
that pose the most significant danger to the environ-
ment or cost the most to maintain;’’. 
Deadline. 
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122 STAT. 595 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 3515. VESSEL TRANSFER AUTHORITY. 
Section 50304 of title 46, United States Code, is amended 
by adding at the end thereof the following: 
‘‘(d) VESSEL
CHARTERS
TO
OTHER
DEPARTMENTS.—On a 
reimbursable or nonreimbursable basis, as determined by the Sec-
retary of Transportation, the Secretary may charter or otherwise 
make available a vessel under the jurisdiction of the Secretary 
to any other department, upon the request by the Secretary of 
the Department that receives the vessel. The prior consent of the 
Secretary of Defense for such use shall be required with respect 
to any vessel in the Ready Reserve Force or in the National Defense 
Reserve Fleet which is maintained in a retention status for the 
Department of Defense.’’. 
SEC. 3516. SEA TRIALS FOR READY RESERVE FORCE. 
Section 11(c)(1)(B) of the Merchant Ship Sales Act of 1946 
(50 U.S.C. App. 1744(c)(1)(B)) is amended to read as follows: 
‘‘(B) activate and conduct sea trials on each vessel 
at least once every 30 months;’’. 
SEC. 3517. REVIEW OF APPLICATIONS FOR LOANS AND GUARANTEES. 
(a) FINDINGS.—The Congress makes the following findings: 
(1) The maritime loan guarantee program was established 
by the Congress through the Merchant Marine Act, 1936 to 
encourage domestic shipbuilding by making available federally 
backed loan guarantees for new construction to ship owners 
and operators. 
(2) The maritime loan guarantee program has a long and 
successful history of ship construction with a low historical 
default rate. 
(3) The current process for review of applications for mari-
time loans in the Department of Transportation has effectively 
discontinued the program as envisioned by the Congress. 
(4) The President has requested no funding for the loan 
guarantee program despite the stated national policy to foster 
the development and encourage the maintenance of a merchant 
marine in section 50101 of title 46, United States Code. 
(5) United States commercial shipyards were placed at 
a competitive disadvantage in the world shipbuilding market 
by government subsidized foreign commercial shipyards. 
(6) The maritime loan guarantee program has the potential 
to modernize shipyards and the ships of the United States 
coastwise trade and restore a competitive position in the world 
shipbuilding market for United States shipyards. 
(7) The maritime loan guarantee program is a useful tool 
to encourage domestic shipbuilding, preserving a vital indus-
trial capacity critical to the security of the United States. 
(b) REQUIREMENTS.— 
(1) IN GENERAL.—Within 180 days after the date of enact-
ment of this Act, the Administrator of the Maritime Administra-
tion shall develop and implement a comprehensive plan for 
the review of applications for loan guarantees under chapter 
537 of title 46, United States Code. 
(2) DEADLINE FOR ACTION ON APPLICATION.— 
(A) TRADITIONAL APPLICATIONS.—In the comprehensive 
plan the Administrator will ensure that within the 90- 
day period following receipt of all pertinent documentation 
Deadline. 
Plan. 
46 USC 53703 
note. 
Deadline. 
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122 STAT. 596 
PUBLIC LAW 110–181—JAN. 28, 2008 
required for review of a traditional loan application, the 
application shall be either accepted or rejected. 
(B) NONTRADITIONAL
APPLICATIONS.—In the com-
prehensive plan the Administrator will ensure that within 
the 180-day period following receipt of all pertinent docu-
mentation required for review of a nontraditional loan 
application, the application shall be either accepted or 
rejected. 
(c) SUBMISSION TO CONGRESS.—The Administrator shall submit 
a copy of the comprehensive plan to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Armed Services of the House of Representatives within 180 days 
after the date of enactment of this Act. 
(d) DEFINITIONS.—In this section: 
(1) TRADITIONAL
APPLICATION.—The term ‘‘traditional 
application’’ means an application for a loan, guarantee, or 
commitment to guarantee submitted pursuant to chapter 537 
of title 46, United States Code, that involves a market, tech-
nology, and financial structure of a type that has proven 
successful in previous applications and does not present an 
unreasonable risk to the United States, as determined by the 
Administrator of the Maritime Administration. 
(2) NONTRADITIONAL
APPLICATION.—The term ‘‘nontradi-
tional application’’ means an application for a loan, guarantee, 
or commitment to guarantee submitted pursuant to chapter 
537 of title 46, United States Code, that is not a traditional 
application, as determined by the Administrator of the Mari-
time Administration. 
Subtitle C—Technical Corrections 
SEC. 3521. PERSONAL INJURY TO OR DEATH OF SEAMEN. 
(a) AMENDMENT.—Section 30104 of title 46, United States Code, 
is amended— 
(1) by striking ‘‘(a) CAUSE OF ACTION.—’’; and 
(2) by repealing subsection (b). 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall be effective as if included in the enactment of Public Law 
109–304. 
SEC. 3522. AMENDMENTS TO CHAPTER 537 BASED ON PUBLIC LAW 
109–163. 
(a) AMENDMENTS.—Title 46, United States Code, is amended 
as follows: 
(1) Section 53701 is amended by— 
(A) redesignating paragraphs (2) through (13) as para-
graphs (3) through (14), respectively; 
(B) inserting after paragraph (1) the following: 
‘‘(2) ADMINISTRATOR.—The term ‘Administrator’ means the 
Administrator of the Maritime Administration.’’; and 
(C) striking paragraph (13) (as redesignated) and 
inserting the following: 
‘‘(13) SECRETARY.—The term ‘Secretary’ means the Sec-
retary of Commerce with respect to fishing vessels and fishery 
facilities.’’. 
(2) Section 53706(c) is amended to read as follows: 
46 USC 30104 
note. 
Deadline. 
Records. 
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122 STAT. 597 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(c) PRIORITIES FOR CERTAIN VESSELS.— 
‘‘(1) VESSELS.—In guaranteeing or making a commitment 
to guarantee an obligation under this chapter, the Adminis-
trator shall give priority to— 
‘‘(A) a vessel that is otherwise eligible for a guarantee 
and is constructed with assistance under subtitle D of 
the Maritime Security Act of 2003 (46 U.S.C. 53101 note); 
and 
‘‘(B) after applying subparagraph (A), a vessel that 
is otherwise eligible for a guarantee and that the Secretary 
of Defense determines— 
‘‘(i) is suitable for service as a naval auxiliary 
in time of war or national emergency; and 
‘‘(ii) meets a shortfall in sealift capacity or capa-
bility. 
‘‘(2) TIME FOR DETERMINATION.—The Secretary of Defense 
shall determine whether a vessel satisfies paragraph (1)(B) 
not later than 30 days after receipt of a request from the 
Administrator for such a determination.’’. 
(3) Section 53707 is amended— 
(A) by inserting ‘‘or Administrator’’ in subsections (a) 
and (d) after ‘‘Secretary’’ each place it appears; 
(B) by striking ‘‘Secretary of Transportation’’ in sub-
section (b) and inserting ‘‘Administrator’’; 
(C) by striking ‘‘of Commerce’’ in subsection (c); and 
(D) in subsection (d)(2), by— 
(i) inserting ‘‘if the Secretary or Administrator con-
siders necessary,’’ before ‘‘the waiver’’; and 
(ii) striking ‘‘the increased’’ and inserting ‘‘any 
significant increase in’’. 
(4) Section 53708 is amended— 
(A) by striking ‘‘SECRETARY OF TRANSPORTATION’’ in 
the heading of subsection (a) and inserting ‘‘ADMINIS-
TRATOR’’; 
(B) by striking ‘‘Secretary’’ and ‘‘Secretary of Transpor-
tation’’ each place they appear in subsection (a) and 
inserting ‘‘Administrator’’; 
(C) by striking ‘‘OF COMMERCE’’ in the heading of sub-
section (b); 
(D) by striking ‘‘of Commerce’’ in subsections (b) and 
(c); 
(E) in subsection (d), by— 
(i) inserting ‘‘or Administrator’’ after ‘‘Secretary’’ 
the first place it appears; and 
(ii) striking ‘‘financial structures, or other risk fac-
tors identified by the Secretary. Any independent anal-
ysis conducted under this subsection shall be performed 
by a party chosen by the Secretary.’’ and inserting 
‘‘or financial structures. A third party independent 
analysis conducted under this subsection shall be per-
formed by a private sector expert in assessing such 
risk factors who is selected by the Secretary or 
Administrator.’’; and 
(F) in subsection (e), by— 
(i) inserting ‘‘or Administrator’’ after ‘‘Secretary’’ 
the first place it appears; and 
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122 STAT. 598 
PUBLIC LAW 110–181—JAN. 28, 2008 
(ii) striking ‘‘financial structures, or other risk fac-
tors identified by the Secretary’’ and inserting ‘‘or 
financial structures’’. 
(5) Section 53710(b)(1) is amended by striking ‘‘Secretary’s’’ 
and inserting ‘‘Administrator’s’’. 
(6) Section 53712(b) is amended by striking the last sen-
tence and inserting ‘‘If the Secretary or Administrator has 
waived a requirement under section 53707(d) of this title, the 
loan agreement shall include requirements for additional pay-
ments, collateral, or equity contributions to meet the waived 
requirement upon the occurrence of verifiable conditions indi-
cating that the obligor’s financial condition enables the obligor 
to meet the waived requirement.’’. 
(7) Subsections (c) and (d) of section 53717 are each 
amended— 
(A) by striking ‘‘OF COMMERCE’’ in the subsection 
heading; and 
(B) by striking ‘‘of Commerce’’ each place it appears. 
(8) Section 53732(e)(2) is amended by inserting ‘‘of Defense’’ 
after ‘‘Secretary’’ the second place it appears. 
(9) The following provisions are amended by striking ‘‘Sec-
retary’’ and ‘‘Secretary of Transportation’’ and inserting 
‘‘Administrator’’: 
(A) Section 53710(b)(2)(A)(i). 
(B) Section 53717(b) each place it appears in a heading 
and in text. 
(C) Section 53718. 
(D) Section 53731 each place it appears, except where 
‘‘Secretary’’ is followed by ‘‘of Energy’’. 
(E) Section 53732 (as amended by paragraph (8)) each 
place it appears, except where ‘‘Secretary’’ is followed by 
‘‘of the Treasury’’, ‘‘of State’’, or ‘‘of Defense’’. 
(F) Section 53733 each place it appears. 
(10) The following provisions are amended by inserting 
‘‘or Administrator’’ after ‘‘Secretary’’ each place it appears in 
headings and text, except where ‘‘Secretary’’ is followed by 
‘‘of Transportation’’ or ‘‘of the Treasury’’: 
(A) The items relating to sections 53722 and 53723 
in the chapter analysis for chapter 537. 
(B) Sections 53701(1), (4), and (9) (as redesignated 
by 
paragraph 
(1)(A)), 
53702(a), 
53703, 
53704, 
53706(a)(3)(B)(iii), 53709(a)(1), (b)(1) and (2)(A), and (d), 
53710(a) and (c), 53711, 53712 (except in the last sentence 
of subsection (b) as amended by paragraph (6)), 53713 
to 53716, 53721 to 53725, and 53734. 
(11) Sections 53715(d)(1), 53716(d)(3), 53721(c), 53722(a)(1) 
and (b)(1)(B), and 53724(b) are amended by inserting ‘‘or 
Administrator’s’’ after ‘‘Secretary’s’’. 
(b) REPEAL
OF
SUPERSEDED
AMENDMENTS.—Section 3507 
(except subsection (c)(4)) of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163) is repealed. 
SEC. 3523. ADDITIONAL AMENDMENTS BASED ON PUBLIC LAW 109– 
163. 
(a) AMENDMENTS.—Title 46, United States Code, is amended 
as follows: 
46 USC 53701 
et seq. 
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122 STAT. 599 
PUBLIC LAW 110–181—JAN. 28, 2008 
(1) Chapters 513 and 515 are amended by striking ‘‘Naval 
Reserve’’ each place it appears in analyses, headings, and text 
and inserting ‘‘Navy Reserve’’. 
(2) Section 51504(f) is amended to read as follows: 
‘‘(f) FUEL COSTS.— 
‘‘(1) IN GENERAL.—Subject to the availability of appropria-
tions, the Secretary shall pay to each State maritime academy 
the costs of fuel used by a vessel provided under this section 
while used for training. 
‘‘(2) MAXIMUM AMOUNTS.—The amount of the payment to 
a State maritime academy under paragraph (1) may not 
exceed— 
‘‘(A) $100,000 for fiscal year 2006; 
‘‘(B) $200,000 for fiscal year 2007; and 
‘‘(C) $300,000 for fiscal year 2008 and each fiscal year 
thereafter.’’. 
(3) 
Section 
51505(b)(2)(B) 
is 
amended 
by 
striking 
‘‘$200,000’’ and inserting ‘‘$300,000 for fiscal year 2006, 
$400,000 for fiscal year 2007, and $500,000 for fiscal year 
2008 and each fiscal year thereafter’’. 
(4) Section 51701(a) is amended by striking ‘‘of the United 
States.’’ and inserting ‘‘of the United States and to perform 
functions to assist the United States merchant marine, as deter-
mined necessary by the Secretary.’’. 
(5)(A) Section 51907 is amended to read as follows: 
‘‘§ 51907. Provision of decorations, medals, and replacements 
‘‘The Secretary of Transportation may provide— 
‘‘(1) the decorations and medals authorized by this chapter 
and replacements for those decorations and medals; and 
‘‘(2) replacements for decorations and medals issued under 
a prior law.’’. 
(B) The item relating to section 51907 in the chapter anal-
ysis for chapter 519 is amended to read as follows: 
‘‘51907. Provision of decorations, medals, and replacements’’. 
(6)(A) The following new chapter is inserted after chapter 
539: 
‘‘CHAPTER 541—MISCELLANEOUS 
‘‘Sec 
‘‘54101. Assistance for small shipyards and maritime communities’’. 
(B) Section 3506 of the National Defense Authorization 
Act for Fiscal Year 2006 (46 U.S.C. 53101 note) is transferred 
to and redesignated as section 54101 of title 46, United States 
Code, to appear at the end of chapter 541 of title 46, as 
inserted by subparagraph (A). 
(C) The heading of such section, as transferred by subpara-
graph (B), is amended to read as follows: 
‘‘§ 54101. Assistance for small shipyards and maritime 
communities’’. 
(D) Paragraph (1) of subsection (h) of such section, as 
transferred by subparagraph (B), is amended by striking ‘‘(15 
U.S.C. 632);’’ and inserting ‘‘(15 U.S.C. 632));’’. 
46 USC 51306, 
51311, 51509, 
51511. 
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122 STAT. 600 
PUBLIC LAW 110–181—JAN. 28, 2008 
(E) The table of chapters at the beginning of subtitle V 
is amended by inserting after the item relating to chapter 
539 the following new item: 
‘‘541. Miscellaneous ......................................................................
54101’’. 
(b) REPEAL OF SUPERSEDED AMENDMENTS.—Sections 515(g)(2), 
3502, 3509, and 3510 of the National Defense Authorization Act 
for Fiscal Year 2006 (Public Law 109–163) are repealed. 
SEC. 3524. AMENDMENTS BASED ON PUBLIC LAW 109–171. 
(a) AMENDMENTS.—Section 60301 of title 46, United States 
Code, is amended— 
(1) by striking ‘‘2 cents per ton (but not more than a 
total of 10 cents per ton per year)’’ in subsection (a) and 
inserting ‘‘4.5 cents per ton, not to exceed a total of 22.5 
cents per ton per year, for fiscal years 2006 through 2010, 
and 2 cents per ton, not to exceed a total of 10 cents per 
ton per year, for each fiscal year thereafter,’’; and 
(2) by striking ‘‘6 cents per ton (but not more than a 
total of 30 cents per ton per year)’’ in subsection (b) and 
inserting ‘‘13.5 cents per ton, not to exceed a total of 67.5 
cents per ton per year, for fiscal years 2006 through 2010, 
and 6 cents per ton, not to exceed a total of 30 cents per 
ton per year, for each fiscal year thereafter,’’. 
(b) REPEAL
OF SUPERSEDED AMENDMENTS.—Section 4001 of 
the Deficit Reduction Act of 2005 (Public Law 109–171) is repealed. 
SEC. 3525. AMENDMENTS BASED ON PUBLIC LAW 109–241. 
(a) AMENDMENTS.—Title 46, United States Code, is amended 
as follows: 
(1) Section 12111 is amended by adding at the end the 
following: 
‘‘(d) 
ACTIVITIES
INVOLVING
MOBILE
OFFSHORE
DRILLING 
UNITS.— 
‘‘(1) IN GENERAL.—Only a vessel for which a certificate 
of documentation with a registry endorsement is issued may 
engage in— 
‘‘(A) the setting, relocation, or recovery of the anchors 
or other mooring equipment of a mobile offshore drilling 
unit that is located over the outer Continental Shelf (as 
defined in section 2(a) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1331(a))); or 
‘‘(B) the transportation of merchandise or personnel 
to or from a point in the United States from or to a 
mobile offshore drilling unit located over the outer Conti-
nental Shelf that is not attached to the seabed. 
‘‘(2) COASTWISE TRADE NOT AUTHORIZED.—Nothing in para-
graph (1) authorizes the employment in the coastwise trade 
of a vessel that does not meet the requirements of section 
12112 of this title.’’. 
(2) Section 12139(a) is amended by striking ‘‘and 
charterers’’ and inserting ‘‘charterers, and mortgagees’’. 
(3) Section 51307 is amended— 
(A) by striking ‘‘and’’ at the end of paragraph (2); 
(B) by striking ‘‘organizations.’’ in paragraph (3) and 
inserting ‘‘organizations; and’’; and 
(C) by adding at the end the following: 
46 USC 60301. 
46 USC 51306, 
51311, 51504, 
51505, 51509, 
51511, 51701, 
51907. 
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122 STAT. 601 
PUBLIC LAW 110–181—JAN. 28, 2008 
‘‘(4) on any other vessel considered by the Secretary to 
be necessary or appropriate or in the national interest.’’. 
(4) Section 55105(b)(3) is amended by striking ‘‘Secretary 
of the department in which the Coast Guard is operating’’ 
and inserting ‘‘Secretary of Homeland Security’’. 
(5) Section 70306(a) is amended by striking ‘‘Not later 
than February 28 of each year, the Secretary shall submit 
a report’’ and inserting ‘‘The Secretary shall submit an annual 
report’’. 
(6) Section 70502(d)(2) is amended to read as follows: 
‘‘(2) RESPONSE TO CLAIM OF REGISTRY.—The response of 
a foreign nation to a claim of registry under paragraph (1)(A) 
or (C) may be made by radio, telephone, or similar oral or 
electronic means, and is proved conclusively by certification 
of the Secretary of State or the Secretary’s designee.’’. 
(b) REPEAL OF SUPERSEDED AMENDMENTS.—Sections 303, 307, 
308, 310, 901(q), and 902(o) of the Coast Guard and Maritime 
Transportation Act of 2006 (Public Law 109–241) are repealed. 
SEC. 3526. AMENDMENTS BASED ON PUBLIC LAW 109–364. 
(a) UPDATING
OF CROSS REFERENCES.—Section 1017(b)(2) of 
the John Warner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109–364, 10 U.S.C. 2631 note) is amended 
by striking ‘‘section 27 of the Merchant Marine Act, 1920 (46 
U.S.C. 883), section 12106 of title 46, United States Code, and 
section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)’’ and 
inserting ‘‘sections 12112, 50501, and 55102 of title 46, United 
States Code’’. 
(b) SECTION 51306(e).— 
(1) IN GENERAL.—Section 51306 of title 46, United States 
Code, is amended by adding at the end the following: 
‘‘(e) ALTERNATIVE SERVICE.— 
‘‘(1) SERVICE
AS
COMMISSIONED
OFFICER.—An individual 
who, for the 5-year period following graduation from the 
Academy, serves as a commissioned officer on active duty in 
an armed force of the United States or as a commissioned 
officer of the National Oceanic and Atmospheric Administration 
or the Public Health Service shall be excused from the require-
ments of paragraphs (3) through (5) of subsection (a). 
‘‘(2) MODIFICATION OR WAIVER.—The Secretary may modify 
or waive any of the terms and conditions set forth in subsection 
(a) through the imposition of alternative service requirements.’’. 
(2) APPLICATION.—Section 51306(e) of title 46, United 
States Code, as added by paragraph (1), applies only to an 
individual who enrolls as a cadet at the United States Merchant 
Marine Academy, and signs an agreement under section 
51306(a) of title 46, after October 17, 2006. 
(c) SECTION 51306(f).— 
(1) IN GENERAL.—Section 51306 of title 46, United States 
Code, is further amended by adding at the end the following: 
‘‘(f) SERVICE OBLIGATION PERFORMANCE REPORTING REQUIRE-
MENT.— 
‘‘(1) IN
GENERAL.—Subject to any otherwise applicable 
restrictions on disclosure in section 552a of title 5, the Secretary 
of Defense, the Secretary of the department in which the Coast 
Guard is operating, the Administrator of the National Oceanic 
46 USC 51306 
note. 
46 USC 12111, 
12139, 51307, 
55105, 70306, 
70502. 
Certification. 
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122 STAT. 602 
PUBLIC LAW 110–181—JAN. 28, 2008 
and Atmospheric Administration, and the Surgeon General of 
the Public Health Service— 
‘‘(A) shall report the status of obligated service of an 
individual graduate of the Academy upon request of the 
Secretary; and 
‘‘(B) may, in their discretion, notify the Secretary of 
any failure of the graduate to perform the graduate’s duties, 
either on active duty or in the Ready Reserve component 
of their respective service, or as a commissioned officer 
of the National Oceanic and Atmospheric Administration 
or the Public Health Service, respectively. 
‘‘(2) INFORMATION
TO
BE
PROVIDED.—A report or notice 
under paragraph (1) shall identify any graduate determined 
to have failed to comply with service obligation requirements 
and provide all required information as to why such graduate 
failed to comply. 
‘‘(3) CONSIDERED AS IN DEFAULT.—Upon receipt of such 
a report or notice, such graduate may be considered to be 
in default of the graduate’s service obligations by the Secretary, 
and subject to all remedies the Secretary may have with respect 
to such a default.’’. 
(2) APPLICATION.—Section 51306(f) of title 46, United States 
Code, as added by paragraph (1), does not apply with respect 
to an agreement entered into under section 51306(a) of title 
46, United States Code, before October 17, 2006. 
(d) SECTION 51509(c).—Section 51509(c) of title 46, United 
States Code, is amended— 
(1) by striking ‘‘MIDSHIPMAN AND’’ in the subsection heading 
and ‘‘midshipman and’’ in the text; and 
(2) inserting ‘‘or the Coast Guard Reserve’’ after ‘‘Reserve)’’. 
(e) SECTION 51908(a).—Section 51908(a) of title 46, United 
States Code, is amended by striking ‘‘under this chapter’’ and 
inserting ‘‘by this chapter or the Secretary of Transportation’’. 
(f) SECTION 53105(e)(2).—Section 53105(e)(2) of title 46, United 
States Code, is amended by striking ‘‘section 2 of the Shipping 
Act, 1916 (46 U.S.C. App. 802),’’ and inserting ‘‘section 50501 of 
this title’’. 
(g) REPEAL
OF
SUPERSEDED
AMENDMENTS.—Sections 3505, 
3506, 3508, and 3510(a) and (b) of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 
364) are repealed. 
SEC. 3527. MISCELLANEOUS AMENDMENTS. 
(a) DELETION OF OBSOLETE REFERENCE TO CANTON ISLAND.— 
Section 55101(b) of title 46, United States Code, is amended— 
(1) by inserting ‘‘or’’ after the semicolon at the end of 
paragraph (2); 
(2) by striking paragraph (3); and 
(3) by redesignating paragraph (4) as paragraph (3). 
(b) IMPROVEMENT OF HEADING.—Title 46, United States Code, 
is amended as follows: 
(1) The heading of section 55110 is amended by inserting 
‘‘valueless material or’’ before ‘‘dredged material’’. 
(2) The item for section 55110 in the analysis for chapter 
551 is amended by inserting ‘‘valueless material or’’ before 
‘‘dredged material’’. 
46 USC 51306 
and note, 51509, 
51908, 53909 and 
note. 
46 USC 57306 
note. 
Reports. 
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122 STAT. 603 
PUBLIC LAW 110–181—JAN. 28, 2008 
SEC. 3528. APPLICATION OF SUNSET PROVISION TO CODIFIED PROVI-
SION. 
For purposes of section 303 of the Jobs and Growth Tax Relief 
Reconciliation Act of 2003 (Public Law 108–27, 26 U.S.C. 1 note), 
the amendment made by section 301(a)(2)(E) of that Act shall 
be deemed to have been made to section 53511(f)(2) of title 46, 
United States Code. 
SEC. 3529. ADDITIONAL TECHNICAL CORRECTIONS. 
(a) AMENDMENTS TO TITLE 46.—Title 46, United States Code, 
is amended as follows: 
(1) The analysis for chapter 21 is amended by striking 
the item relating to section 2108. 
(2) Section 12113(g) is amended by inserting ‘‘and’’ after 
‘‘Conservation’’. 
(3) Section 12131 is amended by striking ‘‘commmand’’ 
and inserting ‘‘command’’. 
(b) AMENDMENTS TO PUBLIC LAW 109–304.— 
(1) AMENDMENTS.—Public Law 109–304 is amended as fol-
lows: 
(A) Section 15(10) is amended by striking ‘‘46 App. 
U.S.C.’’ and inserting ‘‘46 U.S.C. App.’’. 
(B) Section 15(30) is amended by striking ‘‘Shipping 
Act, 1936’’ and inserting ‘‘Shipping Act, 1916’’. 
(C) The schedule of Statutes at Large repealed in sec-
tion 19, as it relates to the Act of June 29, 1936, is amended 
by— 
(i) striking the second section ‘‘1111’’ (relating to 
46 U.S.C. App. 1279f) and inserting section ‘‘1113’’; 
and 
(ii) striking the second section ‘‘1112’’ (relating to 
46 U.S.C. App. 1279g) and inserting section ‘‘1114’’. 
(2) EFFECTIVE DATE.—The amendments made by paragraph 
(1) shall be effective as if included in the enactment of Public 
Law 109–304. 
(c) REPEAL OF DUPLICATIVE OR UNEXECUTABLE AMENDMENTS.— 
(1) REPEAL.—Sections 9(a), 15(21) and (33)(A) through 
(D)(i), and 16(c)(2) of Public Law 109–304 are repealed. 
(2) INTENDED EFFECT.—The provisions repealed by para-
graph (1) shall be treated as if never enacted. 
26 USC 9504 
note. 
26 USC 9504; 46 
USC 6101, 
70117, 7011B, 
70120, 70121. 
46 USC 3205 
note. 
46 USC note 
prec. 101. 
46 USC 31325. 
46 USC 3205. 
46 USC 53511 
note. 
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122 STAT. 604 
PUBLIC LAW 110–181—JAN. 28, 2008 
LEGISLATIVE HISTORY—H.R. 4986: 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
Jan. 16, considered and passed House. 
Jan. 22, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008): 
Jan. 28, Presidential statement. 
(d) LARGE PASSENGER VESSEL CREW REQUIREMENTS.—Section 
8103(k)(3)(C)(iv) of title 46, United States Code, is amended by 
inserting ‘‘and section 252 of the Immigration and Nationality Act 
(8 U.S.C. 1282)’’ after ‘‘of such section’’. 
Approved January 28, 2008. 
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