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PUBLIC LAWS

ENACTED DURING

SECOND SESSION OF THE ONE HUNDRED TENTH CONGRESS

OF THE

UNITED STATES OF AMERICA

Begun and held at the City of Washington on Thursday, January 3, 2008, adjourned sine die on Saturday, January 3, 2009. GEORGE W. BUSH, President; RICHARD CHENEY, Vice President; NANCY PELOSI, Speaker of the House of Representatives.

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 Statement 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

Jan. 28, 2008 [H.R. 4986]

National Defense
Authorization
Act for Fiscal
Year 2008.

[blocks in formation]

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. 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 shipbuilding 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 procurement 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 defense 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 activities.

Sec. 224. Limitation on use of funds for replacing warhead on SM-3 Block IIA missile.

Sec. 225. Extension of Comptroller General assessments of ballistic missile defense programs.

Sec. 226. Limitation on availability of funds for procurement, construction, and deployment 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 allies against Iranian ballistic missiles.

Subtitle D-Other Matters

Sec. 231. Coordination of human systems integration activities related to acquisition programs.

Sec. 232. Expansion of authority for provision of laboratory facilities, services, and equipment.

Sec. 233. Modification of cost-sharing requirement for Technology Transition Initiative.

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 foreign comparative test program.

Sec. 238. Strategic Plan for the Manufacturing Technology Program.

Sec. 239. Modification of authorities on coordination of Defense Experimental Program 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 Department 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 performance.

Sec. 328. Extension of authority for Army industrial facilities to engage in cooperative 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 disasters.

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 components.

Sec. 356. Independent assessment of Civil Reserve Air Fleet viability.

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