National Defense Authorization Act for Fiscal Year 2008

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 judgements 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.

1/28/2008--Public Law. (This measure has not been amended since it was introduced. The expanded summary of the Senate passed version is repeated here.) National Defense Authorization Act for Fiscal Year 2008 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations -
(Sec. 101) Authorizes appropriations for FY2008 for the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, the Joint Improvised Explosive Device Defeat Fund, and other procurement.
(Sec. 104) Authorizes appropriations for FY2008 for:
(1) defense-wide procurement; and
(2) National Guard and reserve equipment. Subtitle B: Army Programs -
(Sec. 111) Authorizes the Secretary of the Army, beginning with the FY2008 program year, to enter into a multiyear contract for procurement of:
(1) M1A2 Abrams system enhancement package upgrades;
(2) M2A3/M3A3 Bradley fighting vehicle upgrades;
(3) conversion of CH-47D helicopters to the CH-47F configuration; and
(4) CH-47F helicopters.
(Sec. 115) Places an FY2008 limitation on the obligation or expenditure of funds for the Warfighter Information Network-Tactical program until the Director of Operational Test and Evaluation makes certain certifications concerning such program to the congressional defense and appropriations committees.
(Sec. 116) Prohibits the use of specified Army procurement funds to close the production line for the Army Tactical Missile System program until after the Secretary of the Army submits to the defense and appropriations committees:
(1) a certification that the missions of such System can be performed by other weapons systems; and
(2) a plan to mitigate any shortfalls in the industrial base that would be created by such closure.
(Sec. 117) Prohibits Army weapons and tracked combat vehicle funds from being obligated or expended for procurement of the Stryker Mobile Gun System until 30 days after the Secretary of the Army certifies to Congress its operational effectiveness in anticipated deployment missions. Authorizes the Secretary of Defense (Secretary) to waive such certification requirement in the national security interest, after congressional notification. Subtitle C: Navy Programs -
(Sec. 121) Authorizes the Secretary of the Navy, beginning with the FY2009 program year, to enter into multiyear contracts for procurement of Virginia-class submarines and government-furnished equipment. Prohibits such Secretary from entering into such a contract until 30 days after certification to the defense and appropriations committees with respect to contract specifications.
(Sec. 122) Directs the Secretary of the Navy to:
(1) study the effectiveness of current financing mechanisms for providing incentives for contractors to make shipbuilding capital expenditures, and to assess potential capital incentives that would lead to ship construction or life-cycle cost savings to the government; and
(2) report study results to the defense and appropriations committees.
(Sec. 123) Expresses the sense of Congress that the preservation of a robust domestic skilled workforce is required for the national shipbuilding infrastructure and essential to the construction of Navy ships. Directs the Secretary of the Navy to:
(1) determine the average number of H2B visa workers employed by the major shipbuilders in the construction of Navy ships during 2007; and
(2) report results to the defense and appropriations committees.
(Sec. 124) Requires the Secretary of the Navy to:
(1) report to the defense and appropriations committees the results of any shipbuilding production readiness review; and
(2) certify to such committees that the findings of any such review support commencement of shipbuilding construction.
(Sec. 125) Amends the National Defense Authorization Act (NDAA) for Fiscal Year 2006 to outline specified costs and government liability limits under the Navy's Littoral Combat Ship program, including a cost limit of $460 million per vessel. Authorizes the Secretary of the Navy to adjust such limit by the amounts of:
(1) increases or decreases in costs attributable to compliance with changes in federal, state, or local laws enacted after September 30, 2007; and
(2) outfitting costs and costs required to complete post-delivery test and trials. Subtitle D: Air Force Programs -
(Sec. 131) Prohibits the obligation or expenditure of certain funds for the Joint Cargo Aircraft until 30 days after the Secretary of Defense (Secretary) has submitted specified assessments and studies, and a related certification, to the defense and appropriations committees.
(Sec. 133) Amends the John Warner National Defense Authorization Act for Fiscal Year 2007 (Warner Act) to repeal the requirement that the Secretary of the Air Force maintain retired C-130E tactical airlift aircraft for possible recall. Makes such repeal effective 30 days after such Secretary submits a required fleet mix analysis study to the defense and appropriations committees.
(Sec. 134) Prohibits the Secretary of the Air Force from retiring C-130E/H tactical airlift aircraft during FY2008. Provides an exception for up to 24 C-130E aircraft, as long as such Secretary:
(1) maintains the aircraft in a condition that would allow their recall to future service; and
(2) submits the fleet mix analysis study to the defense and appropriations committees.
(Sec. 135) Prohibits the Secretary of the Air Force from retiring more than 48 KC-135E aerial refueling aircraft in FY2008. Authorizes such Secretary to retire up to 37 more of such aircraft during FY2008, after a specified certification to the defense and appropriations committees.
(Sec. 136) Authorizes the Secretary of the Air Force to transfer to the government of Iraq not more than three C-130E tactical airlift aircraft which were allowed to be retired under theWarner Act.
(Sec. 137) Requires the Secretary of the Air Force to maintain a primary B-52 bomber aircraft inventory of 63, a backup inventory of 11, and an attrition reserve inventory of at least two. Increases from 45 to 60 days the required prior notification to the defense committees before Department of Defense (DOD) funds may be used for the retirement of any such aircraft. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations -
(Sec. 201) Authorizes appropriations for FY2008 for the Armed Forces for RDT&E. Earmarks specified amounts for the Defense Science and Technology Program. Subtitle B: Program Requirements, Restrictions, and Limitations -
(Sec. 211) Directs the Secretary of the Army to complete an operational test and evaluation of the Future Combat Systems (FCS) network in a realistic environment simulating operational conditions. Requires a test and evaluation report from the Director, Operational Test and Evaluation (OTE) to the defense and appropriations committees. Provides certain FCS funding limitations until submission of such report (with an authorized waiver of such limitations by the Secretary of Defense for national security purposes). Excludes the non-line-of-sight cannon from the funding limitations.
(Sec. 212) Prohibits the obligation or expenditure of more than 50% of the funds for the Joint Light Tactical Vehicle for the acquisition program phase of systems development and demonstration for FY2008 and thereafter until the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) certifies program compliance to the defense and appropriations committees.
(Sec. 213) Directs the Secretary to ensure the obligation and expenditure in FY2008 and thereafter of sufficient amounts under the Joint Strike Fighter program for the development and procurement of two options for the propulsion system for such Fighter.
(Sec. 214) Prohibits funds from being used for the defense-wide manufacturing science and technology program until the Director of Defense Research and Engineering makes certain project assurances.
(Sec. 215) Earmarks specified funds for transfer to the Advanced Sensor Applications program. States that program management shall reside within the Office of the Under Secretary of Defense for Intelligence until certain conditions are met.
(Sec. 216) Requires the Secretary to:
(1) undertake live-fire tests and a comprehensive assessment of foreign and domestic active protection systems suitable for protecting wheeled tactical vehicles for the consideration of the adoption of such systems in defense acquisition programs; and
(2) report to the defense and appropriations committees on such tests and assessment. Subtitle C: Missile Defense Programs -
(Sec. 221) Requires the Director of the Missile Defense Agency (MDA) to make available to the OTE Director the results of all tests and evaluations conducted by the MDA.
(Sec. 222) Directs the Secretary to enter into an agreement with a federally funded research and development center (FFRDC) to carry out an independent study to examine, and make recommendations with respect to, the current and future structure, roles, and missions of the MDA. Requires a results report from the FFRDC to the defense committees. Provides funding.
(Sec. 223) Requires the budget justification materials submitted to Congress in support of the DOD budget for any fiscal year after 2009 to set forth separately requested amounts for the MDA for:
(1) RDT&E;
(2) procurement;
(3) operation and maintenance; and
(4) military construction. Revises the MDA budget structure for FY2009. States that funds appropriated for FY2009 for RDT&E for the MDA:
(1) may be used for the development and fielding of ballistic missile defense (BMD) capabilities; and
(2) may not be used for military construction or procurement or advance procurement of long lead items. Requires the MDA Director to submit to the defense committees a plan for transitioning the MDA from using exclusively RDT&E funds to using procurement, military construction, operation and maintenance (O&M), and RDT&E funds for appropriate budget activities, and for transitioning from incremental funding to full funding for fiscal years after 2010. Outlines objectives for MDA acquisition activities. Specifies BMD system elements.
(Sec. 224) Prohibits funds from being obligated or expended to replace the unitary warhead on the SM-3 Block IIA missile with the Multiple Kill Vehicle until after the Secretary makes certain certifications to Congress.
(Sec. 225) Amends the NDAA for Fiscal Year 2002 to extend through FY2013 Comptroller General (CG) assessments of BMD programs.
(Sec. 226) Prohibits the obligation or expenditure of funds for the procurement, construction, or deployment of a long-range missile defense system in Europe until specified conditions have been met, including that:
(1) the governments of the countries in which major components of the system are proposed to be deployed have each given final approval to any agreements concerning the proposed deployment; and
(2) the Secretary has certified to Congress the reliability of the proposed interceptor to be deployed. Directs the Secretary to select a FFRDC to conduct an independent assessment of options for ballistic missile defense for forward deployed forces of the United States and its allies in Europe. Requires the FFRDC to report assessment results to the Secretary and the defense and appropriations committees. Provides funding.
(Sec. 227) Expresses the sense of Congress that the United States should have an active program of BMD cooperation with Israel, and should take steps to improve the coordination, interoperability, and integration of their mutual BMD capabilities. Requires a report from the Secretary to the defense and appropriations committees on the status of missile defense cooperation between the two countries.
(Sec. 228) Prohibits funds from being obligated or expended to deploy more than 40 ground-based interceptors at Fort Greely, Alaska, until the Secretary certifies to Congress that the Block 2006 ground-based midcourse defense element of the BMD system has demonstrated a high probability of working in an effective manner.
(Sec. 229) States that it is the policy of the United States to:
(1) develop, test, and deploy an effective defense against the threat of Iranian ballistic missiles;
(2) encourage the North Atlantic Treaty Organization (NATO) to accelerate efforts to protect its territory against the threat of Iranian short- and medium-range ballistic missiles, and to acquire missile defense systems needed to protect against such threat; and
(3) make such missile defenses fielded by the United States in Europe integrated with or complimentary to such missile defenses fielded there by NATO. Subtitle D: Other Matters -
(Sec. 231) Directs the Secretary to:
(1) coordinate and manage human systems integration activities throughout DOD acquisition programs; and
(2) designate a senior DOD official to be responsible for such effort.
(Sec. 232) Authorizes DOD laboratory and research centers to make available to any person or entity facilities, services, and equipment of any government laboratory or research center in order to promote accelerated development of critical technologies and technology transfer initiatives that support DOD, as long as the facilities, services, and equipment provided will not be in direct competition with the domestic private sector.
(Sec. 233) Modifies the cost-sharing requirement under the Technology Transition Initiative.
(Sec. 234) Requires a report from the Secretary to the defense committees on implementation of the technologies and processes developed under the Manufacturing Technology Program.
(Sec. 235) Requires the OTE Director to assess and report on the sufficiency of such Director's test and evaluation staff.
(Sec. 236) Amends the NDAA for Fiscal Year 2006 to repeal the requirement for reports from the Secretary to the defense and appropriations committees on each technology area review and assessment.
(Sec. 237) Reduces from 30 to 7 days after notification of the defense and appropriations committees the wait required before the obligation of funds for the foreign comparative test program.
(Sec. 238) Directs the Secretary to develop, and update on a biennial basis, a strategic plan for the Manufacturing Technology program.
(Sec. 239) Amends the NDAA for Fiscal Year 1995 to authorize (current law requires) all solicitations under the Defense Experimental Program to Stimulate Competitive Research to be made to, and awards made through, the state committees established for such Program.
(Sec. 240) Amends the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Stump Act) to:
(1) revise program purposes under the defense nanotechnology research and development program;
(2) replace the Director of Defense Research and Engineering with the Under Secretary as the program's administrator;
(3) include under program activities the development of a strategic plan for the National Nanotechnology Initiative; and
(4) require the Under Secretary to report on the program to the defense and appropriations committees in each of 2009, 2011, and 2013.
(Sec. 241) Directs the Secretary to:
(1) utilize a FFRDC to conduct an assessment of the effectiveness of the Defense Experimental Program to Stimulate Competitive Research; and
(2) report assessment results to the defense committees.
(Sec. 242) Directs the Secretary to report to the defense and appropriations committees a cost-benefit analysis of the proposed funding reduction for the high energy laser systems test facility.
(Sec. 243) Requires the:
(1) Secretary to submit to the defense and appropriations committees a research, development, and testing plan for prompt global strike program objectives for FY2008-FY2013; and
(2) Under Secretary to submit to such committees a plan for the obligation and expenditure of funds available for such program for FY2008. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations -
(Sec. 301) Authorizes appropriations for FY2008 for O&M for the Armed Forces and specified activities and agencies of DOD. Subtitle B: Environmental Provisions -
(Sec. 311) Authorizes the Secretary to transfer specified funds to the Moses Lake Wellfield Superfund Site Special Account to reimburse the Environmental Protection Agency (EPA) for costs incurred in overseeing a remedial investigation and feasibility study performed by the Army.
(Sec. 312) Authorizes the Secretary to transfer specified funds to the Hazardous Substance Superfund to reimburse the EPA for costs incurred in connection with the Arctic Surplus Superfund Site, Fairbanks, Alaska.
(Sec. 313) Authorizes the Secretary of the Navy to transfer specified funds to the Hazardous Substance Superfund to pay a stipulated penalty assessed by the EPA against the Jackson Park Housing Complex, Washington.
(Sec. 314) Directs the Secretary to report to the defense and appropriations committees on current and planned future actions to control the brown tree snake (an invasive species currently on Guam) and to ensure that it is not introduced into Hawaii, the Commonwealth of the Northern Mariana Islands, or the continental United States as a result of the movement from Guam of military aircraft, personnel, and cargo, including household goods.
(Sec. 315) Requires the Secretary of the Navy to identify and notify directly any individuals who were served by the Tarawa Terrace water distribution system at Camp Lejeune, North Carolina, during the years 1958 through 1987 that they may have been exposed to drinking water contaminated with tetrachloroethylene (PCE). Requires such Secretary to also:
(1) notify individuals who were served by the Hadnot Point water distribution system of contaminated drinking water to which they may have been exposed; and
(2) identify and notify directly civilian employees who worked at Camp Lejeune during the period identified in the study by the Agency for Toxic Substances and Disease Registry (ATSDR) of the drinking water contamination to which they may have been exposed. Requires the ATSDR to develop a health survey of individuals possibly contaminated, to be distributed by the Secretary of the Navy in connection with the required notifications. Subtitle C: Workplace and Depot Issues -
(Sec. 321) Allows funds in the Defense Information Systems Agency Working Capital Fund to be used for expenses directly related to technology upgrades to the Defense Information Systems Network, with limitations. Requires an annual report on the use of such authority from the Director of the Defense Information Systems Agency to the defense and appropriations committees. Terminates the authority on October 1, 2011.
(Sec. 322) Requires, with respect to public-private competition requirements prior to the conversion to contractor performance of certain functions currently performed by DOD civilian employees, a comparison of retirement system costs relating to employer-sponsored health insurance plans. Requires consultation with affected DOD employees by DOD officers making such conversion determinations.
(Sec. 323) Prohibits a military department or defense agency from being required to conduct such a public-private competition at the end of the period specified in the performance agreement for any DOD function performed by DOD civilian employees. Sec. 324) Directs the Under Secretary of Defense for Personnel and Readiness to devise and implement guidelines and procedures to ensure that consideration is given to regularly using DOD civilian employees to perform new functions and functions performed by contractors which could be performed by such employees. Requires special consideration to be given for certain functions, including:
(1) one performed by civilian DOD employees at any time during the previous ten years; and
(2) one associated with the performance of an inherently governmental function. Provides limitations on competitions for new and expanded functions. Requires:
(1) DOD to identify functions currently performed by contractors that could be performed by DOD civilian employees; and
(2) the DOD Inspector General to report to the defense and appropriations committees on the implementation of this section.
(Sec. 325) Prohibits the Director of the Office of Management and Budget (OMB) from directing or requiring the Secretary or the Secretary of the military department concerned (Secretary concerned) to prepare for, undertake, continue, or complete a public-private competition or direct conversion of a DOD function to performance by a contractor under OMB Circular A-76, or any other successor regulation, directive, or policy. Prohibits any such Secretary from undertaking such action on behalf of OMB. Requires the DOD Inspector General to:
(1) review all of the Secretaries' compliance with such prohibition; and
(2) make an interim and final report to the defense and appropriations committees on review results.
(Sec. 326) Includes as an "interested party" for purposes of submitting bid protests with respect to public-private competitions conducted under OMB Circular A-76:
(1) any official who submitted the agency tender in such competition; and
(2) any individual representing the federal employees engaged in the performance of the activity or function for which the public-private competition is conducted in a protest that relates to such competition. Provides for expedited action in such protests, and authorizes an interested party to intervene in any related civil action.
(Sec. 327) Amends the Office of Federal Procurement Policy Act (OFPPA) to prohibit any function of an executive agency performed by ten or more agency civilian employees from being converted to performance by a contractor unless the conversion is based on the results of a public-private competition that, among other things:
(1) formally compares the cost of performance by agency employees with the cost of performance by a contractor; and
(2) would require continued performance by agency personnel unless the cost difference the lesser of 10% of the personnel-related costs of performance or $10 million. Requires each employee determining whether such performance should be converted to consult with affected agency civilian employees at least monthly during such determination. Requires the head of an executive agency, before commencing a required public-private competition, to report to Congress certain information with respect to such competition. Exempts from the public-private competition requirements procurements of products and services of the blind and other severely handicapped persons. Makes such requirements inapplicable during a period of war or national emergency.
(Sec. 328) Extends through FY2014 the authority for Army industrial facilities to engage in cooperative activities with non-Army entities to carry out specified military or commercial projects. Requires:
(1) annual reports from the Secretary of the Army to Congress on the use of such authority; and
(2) a one-time report from such Secretary to the defense and appropriations committees on the advisability of making such authority permanent and eliminating the limitation on the number of contracts that may be entered into under such authority.
(Sec. 329) Amends the NDAA for Fiscal Year 2004 to authorize the Secretary concerned to carry out a demonstration project under which workers who are certified at the journey level as able to perform multiple trades are promoted one grade level. Extends the multi-trades demonstration project under such Act through FY2013. Requires such Secretaries to recommend whether the multi-trade authority should become permanent.
(Sec. 330) Authorizes the Secretary of the Army to use an Army working capital fund for a product improvement pilot program on the procurement and installation of a component or subsystem of a weapon system platform or major end item that would improve the reliability, extend the useful life, enhance safety, lower maintenance costs, or provide performance enhancement of the platform or end item. Requires the Assistant Secretary of the Army for Acquisition, Logistics, and Technology to:
(1) report annually to the defense and appropriations committees on the use of such authority; and
(2) recommend whether the authority should be made permanent. Subtitle D: Extension of Program Authorities -
(Sec. 341) Amends the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Spence Act) to extend through FY2010 the arsenal support demonstration program (and a related report requirement).
(Sec. 342) Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Reagan Act) to:
(1) allow members of the Armed Forces deployed in contingency operations until the end of FY2007 to purchase protective helmet pads; and
(2) give such members up to one year following such purchase to submit a cost reimbursement claim to DOD.
(Sec. 343) Amends the Stump Act to extend through FY2012 the temporary authority for the contractor performance of DOD security guard functions. Subtitle E: Reports -
(Sec. 351) Requires:
(1) information concerning the use of National Guard equipment to respond to domestic emergencies or major disasters to be included in an annual report from the Secretary to Congress on National Guard and reserve personnel equipment;
(2) an assessment of National Guard readiness to support the National Response Plan for support to civil authorities to be included in quarterly National Guard personnel and unit readiness reports; and
(3) a report from the Secretary to the defense and appropriations committees on the implementation of this section.
(Sec. 352) Requires the Secretary to report annually to the defense and appropriations committees on the status of the materiel in the prepositioned stocks as of the end of the prior fiscal year. Directs the CG, until the end of FY2015, to review each report and report review results to such committees.
(Sec. 353) Amends the Warner Act to include, in a required report, the reporting of additional incremental costs resulting from the deployment and redeployment of forces to Iraq and Afghanistan above the levels deployed to such countries on January 1, 2007.
(Sec. 354) Amends the Warner Act to extend and expand the elements required in a report from the CG relating to readiness of Army and Marine Corps ground forces.
(Sec. 355) Requires the Secretary to report annually to the defense and appropriations committees on improving the readiness of active and reserve components of U.S. ground forces. Directs the CG, for the first five years of the Secretary's reports, to review each report and report review results to such committees.
(Sec. 356) Directs the Secretary to provide for an independent assessment of the viability of the Civil Reserve Air Fleet, to be conducted by a FFRDC selected by the Secretary. Requires the:
(1) Secretary to report assessment results to the defense and appropriations committees; and
(2) CG to review the independent assessment.
(Sec. 357) Requires a report from the DOD Inspector General to Congress on the physical security of DOD installations and resources.
(Sec. 358) Directs the Secretary to:
(1) review DOD training requirements for helicopter operations in high-altitude or power-limited conditions; and
(2) report review results to the defense and appropriations committees.
(Sec. 359) Requires:
(1) annual reports, in each of 2008 through 2010, from the Secretary of the Air Force to the defense and appropriations committees on efforts made by all the military departments utilizing the Warren Grove Gunnery Range, New Jersey, to provide the highest level of safety; and
(2) such Secretary to submit to such committees a master plan for the Range.
(Sec. 360) Directs the Secretary of the Air Force to report to specified congressional committees on Air Force search and rescue capabilities in the northwestern United States.
(Sec. 361) Requires the:
(1) Secretary to report to Congress on the relocation of the North American Aerospace Defense Command Center and related functions from Cheyenne Mountain Air Station, Colorado, to Peterson Air Force Base, Colorado;
(2) CG to submit to Congress a review of such report; and
(3) Secretary of the Air Force to submit to Congress a master infrastructure recapitalization plan for the Cheyenne Mountain Station. Subtitle F: Other Matters -
(Sec. 371) Replaces provisions requiring the Secretary to designate a DOD officer, employee, or standing board or committee as the official or organization responsible for the prevention and mitigation of corrosion of DOD military equipment and infrastructure with provisions establishing an Office of Corrosion Policy and Oversight (headed by a Director) within the Office of the Under Secretary. Gives the Director additional authorities relating to the oversight of corrosion-related training, the development of directives, and interaction with non-DOD corrosion prevention activities, organizations, and research institutions. Includes the use of cooperative corrosion research agreements within the DOD corrosion reduction strategy. Requires annual reports from the Secretary and the CG concerning the use of DOD funds for corrosion prevention and mitigation activities.
(Sec. 372) Authorizes DOD to provide assistance for:
(1) a sporting event sanctioned by the U.S. Olympic Committee through the Paralympic Military Program; or
(2) certain national or international paralympic sporting events. Limits to $1 million the total amount of such assistance per fiscal year.
(Sec. 373) Authorizes the Secretary to require compliance with reasonable conditions before a member or DOD civilian employee receives full replacement value for personal property lost or damaged while being transported at government expense.
(Sec. 374) Requires the Secretary to provide transportation on DOD aircraft, on a space-available basis, for a member or former member who:
(1) is entitled to retired or retainer pay;
(2) resides in a commonwealth or possession of the United States; and
(3) is referred by a primary care physician to a specialty care provider for services to be provided outside that commonwealth or possession. Requires the Secretary to provide such transportation for one dependent of each member, if the dependent is needed to accompany the member.
(Sec. 375) Authorizes the Secretary concerned to prescribe regulations for the accounting of property of that department and the fixing of responsibility for that property. Prohibits any member from selling or giving any clothing, arms, or equipment furnished by the United States to any person other than another member of the Armed Forces, or to an officer authorized to receive it. Authorizes the seizure of property improperly sold or given away.
(Sec. 376) Permits the Secretary concerned to allow members who have been deployed in support of a contingency operation for at least 30 days to retain combat uniforms and individual equipment issued to that member.
(Sec. 377) Authorizes the Secretary of the Navy to issue arms, tentage, and equipment appropriate for military training to any educational institution at which no unit of the Reserve Officers' Training Corps (ROTC) is maintained, but which has a course in military training attended by at least 50 physically fit students over 14 years of age. Authorizes such Secretary to issue:
(1) rifles and appendages that are not existing service models to any educational institution having a uniformed corps of midshipmen of sufficient numbers for target practice; and
(2) to any educational institution at which a naval officer is detailed as a professor of naval science, necessary supplies to establish and maintain a camp for the military instruction of students.
(Sec. 378) Extends through 2013 the authority of the Secretary of Transportation to provide insurance and reinsurance for commercial air carriers supporting DOD transportation activities. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces -
(Sec. 401) Sets forth authorized end strengths for active-duty forces as of the end of FY2008.
(Sec. 402) Revises the permanent active-duty end strength minimum levels for the Army, Navy, Marine Corps, and Air Force.
(Sec. 403) Authorizes the Secretary, for FY2009 and FY2010, to establish specified higher levels for Army and Marine Corps active-duty end strengths in order to support operational missions and achieve transformational reorganization objectives.
(Sec. 404) Increases the authorized end strengths for:
(1) Army officers on active duty in the grade of major; and
(2) Navy officers on active duty in the grades of lieutenant commander, commander, and captain.
(Sec. 406) Authorizes an increase in the maximum authorized daily average of active-duty enlisted members in pay grade E-9 from 1% to 1.25% of the enlisted force. Subtitle B: Reserve Forces -
(Sec. 411) Sets forth authorized end strengths as of the end of FY2008 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413) Sets forth minimum end strengths for FY2008 for Army and Air Force dual status military technicians.
(Sec. 414) Provides a FY2008 limitation on the number of non-dual status Army and Air Force military technicians.
(Sec. 415) Sets, during FY2008, the maximum number of reserve personnel authorized to be on active duty for operational support.
(Sec. 416) Directs the Secretary to conduct, and report to Congress on, a review of the long-term operational support missions performed by reserve personnel authorized to be on active duty or full-time National Guard duty to provide such support. Requires information on such support personnel to be included in the annual budget justification documents submitted to Congress for FY2009 and thereafter.
(Sec. 417) Increases from 2% to 3% the authorized fiscal year variance in end strengths for Selected Reserve personnel. Subtitle C: Authorization of Appropriations -
(Sec. 421) Authorizes appropriations for FY2008 for military personnel. Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy -
(Sec. 501) Allows officers serving as a lieutenant general, general, vice admiral, or admiral to continue to hold such position for up to 60 days following reassignment from such position, unless placed sooner in another designated position.
(Sec. 502) Excludes from active-duty general and flag officer end strength limitations certain reserve general and flag officers serving on active duty for not more than 365 days.
(Sec. 503) Increases from five to six years the probationary period of commissioned service for active duty and reserve officers prior to discharge for failure of promotion.
(Sec. 505) Authorizes the Secretary to waive the eight-year minimum service obligation in the case of initial appointments of commissioned officers in critically short health professional specialties. Makes such minimum service period two years or the period of obligated service associated with receipt of an accession bonus or special pay.
(Sec. 506) Allows regular Army and Air Force officers (under current law, allows only reserve officers) to reenlist (under certain conditions) in their former enlisted grade.
(Sec. 507) Increases from 22 to 28 the authorized number of permanent professors at the U.S. Military Academy.
(Sec. 508) Authorizes the promotion of Navy career military professors to the grade of captain or colonel. Requires a competitive selection board process to identify those best qualified for promotion. Requires a report to the defense and appropriations committees from the Secretary of:
(1) Defense assessing the effectiveness of the revised promotion system; and
(2) the Navy on the Navy's utilization of exemptions from authorized officer end strength limits, as well as projections for use of additional exemptions, with respect to such military professors. Subtitle B: Reserve Component Management -
(Sec. 511) Allows a military technician who loses dual (military and civilian) status as the result of a combat-related disability to be retained as a non-dual status technician as long as:
(1) the disability does not prevent the person from performing the non-dual status function or position; and
(2) the person is not disqualified from performing the non-dual status function or position because of performance, medical, or other reasons. Requires removal from such position no later than 30 days after becoming eligible for an unreduced annuity and attaining 60 years of age.
(Sec. 512) Provides that if the Secretary determines that the number of officers serving in specified health positions within DOD while serving on active status in grades below major or lieutenant commander is critically below the number needed, then the Secretary may authorize the Secretary concerned to credit a person receiving an original appointment as an officer serving in such a health position with a period of constructive service that will result in the grade of captain or lieutenant.
(Sec. 513) Requires reserve officers serving as a lieutenant general or vice admiral to be separated from active status on the later of:
(1) 30 days after completing 38 years of commissioned service; or
(2) five years after appointment to such grade.
(Sec. 514) Extends from six months to one year the period that National Guard members may be granted temporary federal recognition.
(Sec. 515) Directs the Secretary to ensure that a reserve member who will be called or ordered to active duty for a period of more than 30 days in support of a contingency operation is given a minimum of 30 days' advance notice, with a goal of providing 90 days' advance notice. Authorizes the Secretary to waive such requirement, or provide a shorter notice, during a war or national emergency or to meet mission requirements.
(Sec. 516) Requires the CG to study, and report to the defense committees on, the difficulties of National Guard or reserve personnel to maintain professional or other licensure or certification requirements while on active duty for an extended period of time. Subtitle C: Education and Training -
(Sec. 521) Revises DOD authority to pay tuition expenses for off-duty training or education to authorize the Secretaries concerned to pay tuition assistance to certain members who serve in critical occupational specialties and agree to a specified period of additional service in the Individual Ready Reserve or Selected Reserve . Directs the Secretary to carry out, and report to the defense committees on, a study of the tuition assistance program.
(Sec. 522) Authorizes the Secretary of the Army to modify requirements entered into by cadets in the ROTC who participate in the Guaranteed Reserve Forces Duty Scholarship program to allow the member to meet previously-required reserve service commitments by fulfilling active-duty service commitments as a physician upon graduation from the Uniformed Services University of the Health Sciences.
(Sec. 523) Repeals the 416-person annual limit on the number of ROTC scholarships authorized under the Army Reserve and Army National Guard financial assistance program.
(Sec. 524) Allows medical students at the Uniformed Services University of the Health Sciences and participants in military health professions scholarship and financial assistance programs who have prior active service to continue, while attending medical classes, to receive basic pay based on their former grade and years of service if that pay would be greater than the rate for regular officers in the grade of second lieutenant or ensign. Assigns any commissioned officer detailed to attend medical school to the grade of second lieutenant or ensign while in such school (while allowing pay at a higher rate if their former rate of pay was higher than the second lieutenant or ensign rate).
(Sec. 525) Repeals a provision prohibiting any phased increase in cadet end strength limits at the U.S. Military Academy after the 2007-2008 academic year.
(Sec. 526) Authorizes the National Defense University to award a master of arts degree in strategic security studies to graduates fulfilling requirements at the School for National Security Executive Education.
(Sec. 527) Authorizes the commander of the Air University to award the degree of master of science in flight test engineering to graduates of the Air Force Test Pilot School.
(Sec. 528) Authorizes payment on an accelerated basis of educational assistance for members of the Selected Reserve, or reserve members supporting contingency and certain combat operations, who are:
(1) enrolled in an approved program of education not exceeding two years and not leading to an associate, bachelor, masters, or other degree; and
(2) charged tuition and fees that exceed 200% of the monthly rate of educational assistance allowance otherwise payable for members of the Selected Reserve. Sets the authorized amount of such assistance at the lesser of:
(1) 60% of the established charges for that program of education; or
(2) the aggregate amount of educational assistance to which the person remains entitled. Requires such accelerated payments to be charged against any remaining educational assistance of such members. Authorizes educational assistance for reserve members supporting contingency and certain combat operations if such members accumulate three years of such service. (Current law allows such educational assistance for such members who perform two or more continuous years of such service.) Allows reserve members eligible for educational assistance to contribute additional amounts in order to receive an increased amount of such assistance.
(Sec. 529) Entitles to educational assistance certain members of the Selected Reserve affected by force shaping initiatives during FY2007-FY2014.
(Sec. 530) Allows a person who separates from the Selected Reserve after completion of active service in support of contingency and certain other operations under other than dishonorable conditions up to ten years after such separation to utilize their authorized educational assistance entitlement. Allows such a person who then reenters the Selected Reserve to utilize their entitlement for up to ten years following the subsequent separation.
(Sec. 531) Requires the Secretary to:
(1) carry out an evaluation of the degree-granting authorities of certain military universities and educational institutions; and
(2) report evaluation results to the defense committees.
(Sec. 532) Directs the Secretary of the Army to report to the defense committees on the success of the Senior ROTC financial assistance program in securing the appointment of second lieutenants in the Army Reserve and Army National Guard.
(Sec. 533) Requires a report from the Secretary of each military department to the defense and appropriations committees on the utilization of tuition assistance during FY2007 by military personnel of that department.
(Sec. 534) Allows three named high schools in Suffolk County, New York, to be treated as a single institution for purposes of maintaining a Navy Junior ROTC unit.
(Sec. 535) Directs the Secretary to report to the defense, appropriations, and veterans committees on the transfer from DOD to the Department of Veterans Affairs (VA) of the administration of certain educational assistance programs for members of the reserves. Requires:
(1) a review of such report, before report submission, by the Defense Board and the Veterans Affairs Advisory Committee on Education; and
(2) a CG assessment of the report as submitted. Subtitle D: Military Justice and Legal Assistance Matters -
(Sec. 541) Allows the Secretary concerned to provide legal assistance to:
(1) survivors of deceased members or former members who were dependents of the member or former member at their time of death; and
(2) civilian federal employees in locations where legal assistance from non-military providers is not reasonably available.
(Sec. 542) Authorizes judges of the U.S. Court of Appeals for the Armed Forces to administer oaths.
(Sec. 543) Requires judge advocate generals to serve in the grade of lieutenant genera or vice admiral. Redesignates assistant judge advocate generals as deputy judge advocate generals. Increases from 15.7 to 16.3 the percentage of general officers or admirals in a military department that may be appointed above the grade of major general or rear admiral. Excludes such judges from end strength limits for officers serving in grades above major general or rear admiral. Establishes a Legal Counsel to the Chairman of the Joint Chiefs of Staff (JCS). Directs the Secretary to develop, and report to the defense committees on, a strategic plan linking DOD missions and requirements for general and flag officers with statutory limits on the numbers of such officers, and current assignment, promotion, and joint officer development policies for such officers.
(Sec. 544) Requires the Secretary to prescribe regulations to prohibit the active participation of military personnel in street gangs. Subtitle E: Military Leave -
(Sec. 551) Increases from 60 to 75, for all military personnel, the number of days of accumulated leave they may carry over from one fiscal year to the next. Terminates such authority on December 31, 2010. Allows personnel serving in support of contingency operations an additional fiscal year after the current fiscal year to retain (without losing) any accumulated leave in excess of 90 days. Allows enlisted personnel who have accumulated more than 120 days of leave to sell back, on a one-time basis, up to 30 days of any leave in excess of the 120-day limit.
(Sec. 552) Authorizes the payment of rest and recuperative leave for up to 20 days for members with a specialty designated by the Secretary concerned whose qualifying tour of duty is longer than 12 months. Subtitle F: Decorations and Awards -
(Sec. 561) Authorizes and requests the President to award the Medal of Honor to:
(1) Leslie H. Sabo, Jr., for acts of valor during the Vietnam War;
(2) Henry Svehla for acts of valor during the Korean War;
(3) Woodrow W. Keeble for acts of valor during the Korean War;
(4) Private Philip G. Shadrach for acts of valor during the Civil War; and
(5) Private George D. Wilson for acts of valor during the Civil War. Subtitle G: Impact Aid and Defense Dependents Education System -
(Sec. 571) Earmarks specified FY2008 DOD O&M funds for the continuation of DOD assistance to local educational agencies (Leas) that have significant numbers of military dependent students or experience significant enrollment changes due to base closures, force structure changes, or force relocations.
(Sec. 572) Earmarks specified DOD O&M funds for impact aid for children with severe disabilities under provisions of the Elementary and Secondary Education Act of 1965.
(Sec. 573) Amends the Warner Act to include dependents of non-DOD employees employed on federal property in the plan and annual reports required to identify and assist Leas experiencing growth in enrollment due to force structure changes, relocation of military units, or base closures and realignments.
(Sec. 574) Amends the Defense Dependents' Education Act of 1978 to authorize the Secretary to pay private boarding school tuition for military dependents in overseas areas not served by the defense dependents' school system. Subtitle H: Military Families-
(Sec. 581) Establishes the Department of Defense Military Family Readiness Council to provide certain advisory, monitoring, and assessment services with respect to DOD military family readiness programs and activities. Requires annual reports from the Council to the Secretary and the defense and appropriations committees. Directs the Secretary to:
(1) develop policy and plans for DOD for the support of military family readiness; and
(2) report annually to the defense and appropriations committees on the policy developed.
(Sec. 582) Directs the Secretary to establish a national combat veteran reintegration program (to be known as the Yellow Ribbon Reintegration Program) to provide National Guard members and their families with information, services, referral, and outreach opportunities throughout the entire deployment cycle. Requires the program to consist of informational events and activities for such members, their families, and community members through the following phases of the deployment cycle:
(1) pre-deployment;
(2) deployment;
(3) demobilization; and
(4) post-deployment-reconstitution. Requires the:
(1) Under Secretary of Defense for Personnel and Readiness to establish the Office for Reintegration Programs to administer state National Guard reintegration programs;
(2) Office to establish a Center for Excellence in Reintegration;
(3) Secretary to appoint an advisory board to analyze and report areas of success and areas for necessary improvements; and
(4) advisory board to submit an initial and annual report to the defense committees. Describes each deployment phase and authorized activities during such phase. Provides Program funding (with an equivalent offset). Authorizes the Office to develop outreach programs for members and their families concerning assistance and services available under the Yellow Ribbon Reintegration Program.
(Sec. 583) Requires the Secretary to:
(1) study and assess the most effective means to enhance and improve support programs for families of deployed members before, during, and after deployment; and
(2) report study results to the defense and appropriations committees.
(Sec. 584) Amends the Servicemembers Civil Relief Act to include child custody proceedings under provisions of such Act which provide certain servicemember protection against default judgments and allow for a stay of proceedings in the case of members deployed in support of a contingency operation.
(Sec. 585) Amends the Family and Medical Leave Act of 1993 to allow the use of leave for any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of an 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. Extends such Act to provide leave to employees who are the spouse, son, daughter, parent, or next of kin of a seriously injured service member, in order to care for the member. Extends from 12 to 26 workweeks the leave time available for caregivers of seriously injured servicemembers. Allows an affected employer to require that a request for such leave be supported by a certification of its necessity.
(Sec. 586) Directs the Secretary to develop procedures to ensure that an adequate family care plan is in place for a single parent, or dual military couples with minor dependents, when the member or members are deployed to an area in which imminent danger pay is authorized. Allows such members to request a deferment of such a deployment due to unforeseen circumstances.
(Sec. 587) Requires the Secretary to:
(1) conduct a comprehensive assessment of the availability of federal, state, and local education and treatment services on and in the vicinity of a covered military installation for the children of members who are diagnosed with autism; and
(2) conduct a review of best practices in the United States with respect to the provision of such services. Requires the Secretary concerned to provide case managers and individualized service plans to affected members. Authorizes the Secretary to conduct and evaluate one or more demonstration projects to evaluate various approaches to the provision of such services, and to utilize a corporate services provider model. Requires reports from the Secretary to:
(1) the defense and appropriations committees identifying covered military installations; and
(2) the defense committees on any demonstration projects conducted.
(Sec. 588) Expresses the sense of Congress that the people of the United States owe the deepest gratitude toward Kaziah M. Hancock and the members of Project Compassion, who have presented over 700 museum-quality original oil portraits to the families of members of the Armed Forces who have died during active duty since September 11, 2001. Subtitle I: Other Matters -
(Sec. 590) Revises federal provisions concerning performance policies for military bands and other military musical units to allow band members to perform music in their personal capacity, with or without compensation, while acting exclusively outside their official positions. Prohibits such members from wearing a military uniform while engaging in such private performances. Allows military bands or units to produce and distribute musical recordings to the public at a cost not to exceed production and distribution expenses.
(Sec. 591) Provides that, when transportation of the remains of members and certain civilian personnel who died in a combat theater of operations includes transportation through the mortuary facility at Dover Air Force Base, Delaware, the Secretary concerned shall provide for delivery of such remains by air to the commercial, general aviation, or military airport nearest to the place selected by the deceased's designee.
(Sec. 592) Authorizes the Secretary to support, with DOD funds, the establishment and operation of up to four (under current law, two) STARBASE academies in a state.
(Sec. 593) Makes permanent (under current law terminates December 31, 2007) the authority of the Secretary concerned to accept gifts on behalf of certain members, DOD civilian employees, and their dependents. Directs the Secretary to prescribe regulations prohibiting the solicitation by DOD of any gift if the nature or circumstances of the solicitation would compromise the integrity, or the appearance of integrity, of any DOD program or individual.
(Sec. 594) Allows members and veterans who are present but not in uniform during the hoisting, lowering, or passing of the flag to render the military salute.
(Sec. 595) Requires, within a current annual report concerning veterans' reemployment rights, the number of cases reviewed by the Secretary under the National Committee for Employer Support of the Guard and Reserve of the Department of Defense.
(Sec. 596) Requires the Secretary to modify the Certificate of Release or Discharge from Active Duty (a DOD document) in order to permit a member to elect the forwarding of such Certificate to:
(1) the Central Office of the VA in Washington, DC; or
(2) the appropriate VA office of the state in which the member will reside.
(Sec. 597) Requires a report from the:
(1) Secretary to the defense committees on all cases of administrative separation from the Armed Forces on the basis of a personality disorder; and
(2) CG to Congress on policies and procedures of DOD and the military departments relating to the separation of military personnel based on a personality disorder.
(Sec. 598) Authorizes the Secretary to conduct a program to commemorate the 50th anniversary of the Vietnam War. Outlines specified commemoration activities and objectives. Establishes the Department of Defense Vietnam War Commemoration Fund. Requires the Secretary to submit annually a separate budget request with respect to the commemoration program. Directs the Secretary, after the end of the program, to submit to Congress a final report on the accounting of all program funds. Limits FY2008 expenditures under the program. Provides program funding.
(Sec. 599) Recognizes the members of the Monuments, Fine Arts, and Archives program under the Civil Affairs and Military Government Sections of the United States Armed Forces for their service in the preservation, protection, and restoration of monuments, works of art, and other artifacts in Europe and Asia during and following World War II. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances -
(Sec. 601) Rescinds a prior adjustment made, as of January 1, 2008, pursuant to executive order, in military basic pay. Increases by 3.5%, effective January 1, 2008, the rates of basic pay for military personnel.
(Sec. 602) Allows reserve members without dependents to receive basic allowance for housing when attending accession training while maintaining a primary residence.
(Sec. 603) Extends:
(1) from 20 to 60 days the authorized period for the payment of temporary lodging expenses for members in areas subject to declaration as a major disaster or for installations experiencing sudden increases in personnel levels due to force reallocations; and
(2) through 2009 the authority for an increase in certain basic allowance for housing inside the United States.
(Sec. 604) Describes when income replacement payments are required for reserve personnel experiencing extended and frequent mobilization for active-duty service. Makes eligible for such payments members who are retained on active duty for authorized medical care, or for medical evaluation for a disability.
(Sec. 605) Requires mid-month federal contributions on behalf of military personnel who elect to participate in the Thrift Savings Plan (TSP). Subtitle B: Bonuses and Special and Incentive Pays -
(Sec. 610) Makes corrections for lapsed authorities with respect to the payment of bonuses, special pays, and other benefits for members under the proceeding four sections.
(Sec. 611) Extends through 2008 specified authorities currently scheduled to expire at the end of 2007 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
(Sec. 615) Increases from $50,000 to $75,000 the incentive special pay and multiyear retention bonus for medical officers in the Armed Forces.
(Sec. 616) Increases from:
(1) $4,000 to $10,000 the maximum special pay for military dental officers with less than three years of retirement-creditable service; and
(2) $6,000 to $12,000 the maximum special pay for such officers with more than three but less than ten years of service.
(Sec. 617) Increases from $750 to $1,500 the maximum monthly amount of hardship duty pay. Allows such payment in a lump sum (under current law, only on a monthly basis).
(Sec. 618) Makes eligible for career sea pay off-cycle crewmembers of multi-crewed ships.
(Sec. 619) Sets at three years the required minimum period of obligated service, and at $15,000 the maximum amount, for the Selected Reserve reenlistment bonus.
(Sec. 620) Authorizes payment of a Selected Reserve enlistment bonus to persons who had enlisted previously, but were unable to complete basic training requirements and whose service was characterized as honorable or uncharacterized.
(Sec. 621) Extends from 26 to 30 years of commissioned service the period of eligibility for nuclear officer continuation pay. Authorizes the revision of prior service agreements to allow for such extension.
(Sec. 622) Authorizes the Secretary, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, to waive the 25-year service limitation on the eligibility to receive the retention bonus for certain members with designated critical military skills.
(Sec. 623) Authorizes the Secretary to pay an accession bonus of up to $20,000 to participants in the Armed Forces Health Professions Scholarship and Financial Assistance Program.
(Sec. 624) Authorizes the Secretary concerned to pay assignment incentive pay to a reserve member for each month, during the period beginning on January 1, 2005, through the end of any active-duty service in a combat zone associated with Operations Enduring Freedom or Iraqi Freedom, that such member served in excess of 22 months of qualifying service. Makes such monthly incentive pay $1,000. Subtitle C: Travel and Transportation Allowances -
(Sec. 631) Authorizes the Secretary concerned to reimburse inactive duty training travel costs of a member of the Selected Reserve who is:
(1) qualified in a skill designated as critical;
(2) assigned to a unit or in a reserve pay grade with a critical manpower shortage; or
(3) assigned to a unit or position that is disestablished or relocated due to defense base closure or realignment or other force structure reallocation. Sets at $300 the maximum amount of such reimbursement, and terminates the reimbursement authority after December 31, 2010.
(Sec. 632) Includes as additional individuals eligible for a travel and transportation allowance for survivors of deceased members attending the member's burial ceremony:
(1) any child or sibling of the deceased member; and
(2) the person who directs the disposition of the remains of the deceased member.
(Sec. 633) Authorizes a member of the Individual Ready Reserve to be paid a stipend for participation in electronic screening for force readiness purposes. Limits to $50 the maximum stipend amount. Prohibits members from receiving retirement credit for such participation.
(Sec. 634) Authorizes the Secretary of the military department concerned to furnish up to $250 worth of civilian clothing and luggage to a member of the Armed Forces, or to reimburse the member up to such amount for the purchase of such civilian clothing and luggage, for use for travel in connection with a medical evacuation. (Under current law $250 is allowed, but only for furnishing civilian clothing or reimbursement for such clothing.)
(Sec. 635) Authorizes DOD to reimburse the moving expenses of JROTC instructors who agree to serve at least two years at an educational institution in a position that is hard to fill for geographic or economic reasons, as determined by the Secretary concerned. Subtitle D: Retired Pay and Survivor Benefits -
(Sec. 641) Expands eligibility for combat-related special compensation to include all servicemembers eligible for retirement pay who have a combat-related disability, including those retired or separated, or transferred to a temporary disability retired list, due to physical disability. Reduces such compensation amount with respect to retirees with fewer than 20 years of retirement-creditable service.
(Sec. 642) Allows veterans with service-connected disabilities rated as total by reason of unemployability who are also eligible for retired pay, except for the period beginning on January 1, 2004, and ending on December 31, 2004, to receive the full amount, without reduction, of retired pay and veterans' disability compensation for which such person is eligible. Prohibits the payment of retroactive benefits until after October 1, 2008.
(Sec. 643) Provides limitations (designed to protect a surviving or former spouse) on the recoupment of Survivor Benefit Plan (SBP) annuity amounts previously paid, but subject to offset for the payment of dependency and indemnity compensation (DIC). Requires the Secretary to notify the spouse or former spouse concerned of the net amount in question, the statutory requirements for the recoupment, an accounting of the offset calculation, and contact information.
(Sec. 644) Authorizes a special survivor indemnity allowance for spouses and former spouses affected by the DIC offsets from SBP annuities. Makes such allowance $50 for months during FY2009, with increases of $10 per fiscal year to $100 for months after FY2013. Makes such allowance effective for the period beginning on October 1, 2008, and ending on February 28, 2016.
(Sec. 645) Revises the authority of members to designate recipients of the death gratuity benefit to:
(1) require such authority to be effective no later than July 1, 2008;
(2) require spousal notification if the member designates a person other than the spouse to receive all or a portion of such benefit;
(3) provide for partial designations in 10% increments;
(4) revise the prioritized list of beneficiaries for a non-designated benefit; and
(5) continue in effect, without change by this amendment, designations made before the enactment of this Act.
(Sec. 646) Revises the retired pay multiplier percentage with respect to members with over 30 years of retirement-creditable service.
(Sec. 647) Reduces below 60 the age at which a member of the Ready Reserve may receive retired pay by three months for every aggregate of 90 days of active-duty service performed under certain mobilization authorities, including responding to a national emergency. Prohibits such eligibility age from being reduced below age 50.
(Sec. 648) Allows up to 130 days in the year of military service that includes October 30, 2007, and any subsequent year of service to be used in the computation of years of service for purposes of retired pay for non-regular (reserve) service. Subtitle E: Commissary and Nonappropriated Fund Instrumentality Benefits -
(Sec. 651) Authorizes members involuntarily separated from active duty or the Selected Reserve to continue to use commissary and exchange stores for two years after separation. Makes such authority effective for the period beginning on October 1, 2007, and ending on December 31, 2012.
(Sec. 652) Authorizes nonappropriated fund instrumentalities to utilize employee pay deductions to collect indebtedness owed to the United States. Subtitle F: Consolidation of Special Pay, Incentive Pay, and Bonus Authorities -
(Sec. 661) Consolidates into the following eight categories various current federal provisions concerning special and incentive pays:
(1) bonuses for enlisted members;
(2) bonuses for officers;
(3) bonuses and incentive pays for nuclear officers;
(4) bonuses and incentive pays for aviation officers;
(5) bonuses and incentive pays for officers in health professions;
(6) hazardous duty pays;
(7) assignment pays and special duty pays; and
(8) skill incentive pays and proficiency bonuses. Sets a December 31, 2009, expiration date for all such pay and bonus categories, and provides maximum pay and bonus amounts. Continues current separate authorities for 15-year career status bonuses, critical skill retention bonuses, and the continuation of combat zone-related pays and allowances for members hospitalized as a result of combat-related wounds, injuries, or illnesses.
(Sec. 662) Directs the Secretary to develop and submit to the defense and appropriations committees a plan to implement the consolidation of special, incentive, and bonus pays referred to in the previous section. Allows for a transition period of up to ten years after the enactment of this Act. Requires the Secretary to notify such committees at least 30 days before a new special pay or bonus authority under this Subtitle is first utilized. Prohibits the consolidation from having any effect on FY2008 obligations for such special, incentive, or bonus pay. Subtitle G: Other Matters -
(Sec. 671) Authorizes the Secretary of the Army to pay a bonus of up to $2,000 to a regular or reserve member of the Army, a retired member of the Army, or a civilian Army employee 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 Army or Army Reserve. Allows the Secretary of Defense to authorize the Secretary concerned to pay a bonus of up to $2,000 to any such person as described above who refers a person which leads to an appointment as a commissioned officer in an armed force in a health profession designated by the Secretary concerned. Terminates each such bonus authority on December 31, 2008.
(Sec. 672) Expands the types of educational loans authorized to be repaid under the Selected Reserve loan repayment program. Makes eligible for such loan repayments Selected Reserve officers (under current law, only Selected Reserve enlisted members).
(Sec. 673) Amends the Immigration and Nationality Act to:
(1) allow readmission into the United States of lawful U.S. permanent resident spouses and children of members stationed abroad after the spouse and children have resided with the member during their service abroad; and
(2) provide overseas naturalization eligibility to such spouses and children by treating their period of residence abroad as residence within the United States.
(Sec. 675) Amends the Spence Act to increase amounts of back pay for members of the Navy and Marine Corps selected for promotion while interned as prisoners of war during World War II, to reflect changes in the Consumer Price Index. Requires the recalculation of previous payments. Title VII: Health Care Provisions - Subtitle A: Improvements to Military Health Benefits -
(Sec. 701) Extends through FY2008 the prohibition on increases in certain charges and premiums for care and coverage under TRICARE (a DOD managed care program) Prime, TRICARE Standard, and TRICARE Reserve Select.
(Sec. 702) Provides copayment limits, for the period beginning on October 1, 2007, and ending on September 30, 2008, for the receipt of generic, formulary, and nonformulary agents under the retail pharmacy system of the DOD pharmacy benefits program.
(Sec. 703) Provides that, with respect to any prescription filled on or after the date of enactment of this Act, the TRICARE retail pharmacy program shall be covered by the federal pricing limits applicable to covered drugs under the VA retail pharmacy program.
(Sec. 704) Authorizes the Secretary to pay a stipend to a reserve member who is called or ordered to active duty for a period of more than 30 days so that such member may maintain civilian health care coverage for a dependent whom the Secretary determines possesses a special health care need that would be best met by remaining in the member's civilian health plan.
(Sec. 705) Expands eligibility for temporary health benefits coverage under federal civilian employee provisions to include any person specified in regulations prescribed by the Secretary who loses entitlement to DOD health care services. Allows such temporary coverage for up to 36 months after the loss of such entitlement.
(Sec. 706) Amends the Warner Act to continue eligibility for TRICARE Standard coverage for certain members of the Selected Reserve.
(Sec. 707) Amends the Reagan Act to extend through FY2010 a pilot program of cooperative health care arrangements between military installations and local and regional nonmilitary health care systems. Extends related report requirements.
(Sec. 708) Includes mental health care within the definition of "health care" under the TRICARE program. Requires a report from the Secretary to the defense committees on the adequacy of access to mental health services under the TRICARE program. Subtitle B: Studies and Reports -
(Sec. 711) Directs the Secretary to:
(1) conduct surveys on the current and future viability of the TRICARE Standard and TRICARE Extra health care programs; and
(2) establish benchmarks for primary and specialty care providers to determine the adequacy of health care provided to TRICARE beneficiaries. Requires the CG to:
(1) conduct an ongoing review of DOD processes, procedures, and analyses to determine the adequacy of health care and mental health care providers; and
(2) report review results biannually to the defense committees.
(Sec. 712) Requires a report from the Secretary to the defense committees on requirements outlined in the Warner Act concerning training in the preservation of remains under combat or combat-related conditions.
(Sec. 713) Directs the Secretary to report to the defense and appropriations committees on the ongoing patient satisfaction surveys taking place in DOD inpatient and outpatient settings at military treatment facilities, and to use information in the report as the basis for a plan for improvements in such satisfaction.
(Sec. 714) Directs the Secretary to report to the defense committees on medical physical examinations of members before their deployment.
(Sec. 715) Requires a report from the Secretary to the defense committees on DOD's policies for administering and evaluating the vaccination of members of the Armed Forces.
(Sec. 716) Requires the Secretary to conduct a comprehensive review of:
(1) the need for gender- and ethnic group-specific mental health treatment and services for members; and
(2) the efficacy and adequacy of existing gender- and ethnic group-specific mental health treatment programs and services for members. Directs the Secretary to report review results to the defense and appropriations committees.
(Sec. 717) Directs the Secretary to:
(1) establish criteria that licensed or certified mental health counselors must meet in order to independently provide care to TRICARE beneficiaries;
(2) contract for an independent study of the credentials, preparation, and training of such individuals; and
(3) report study results to the defense committees.
(Sec. 718) Requires the President to submit a justification report to Congress if the aggregate amount included in the DOD budget for health care for that fiscal year is less than the aggregate amount provided by Congress for DOD for health care for the preceding fiscal year, and the total allocation from the Defense Health Program to any military department is less than that total allocation for the previous fiscal year. Terminates such requirement after December 31, 2017. Subtitle C: Other Matters -
(Sec. 721) Prohibits the Secretary concerned from converting any military medical or dental position to a civilian medical or dental position between October 1, 2007, and September 30, 2012. Requires the restoration to a military medical or dental position for any such position that is or was converted to a civilian position between October 1, 2004, and September 30, 2008, if such position is or was not filled by a civilian by the latter date. Requires a report from the Secretary to the defense and appropriations committees on conversions made during FY2007.
(Sec. 722) Expresses the sense of Congress that:
(1) the Armed Forces Institute of Pathology has provided important medical benefits to the Armed Forces and the United States; and
(2) the federal government should retain a Joint Pathology Center (Center). Directs the President to establish and maintain a Center within DOD to function as the federal reference center in pathology. Provides authorized Center services. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Acquisition Improvement and Accountability Act of 2007 - Subtitle A:Acquisition Policy and Management -
(Sec. 801) Requires the inspectors general of DOD and the non-defense agencies listed below to conduct reviews of policies, procedures, and internal controls applicable to the procurement of property and services to determine whether such agency is or is not compliant with defense procurement requirements. Allows a DOD acquisition official to place an order or acquire property or services for DOD in excess of the simplified acquisition threshold through a non-defense agency only if there exists compliance with defense procurement requirements. Provides exceptions when necessary in the interests of DOD. Requires the Secretary to issue guidance on the use of interagency contracting by DOD. Includes as non-defense agencies under this section the General Services Administration (GSA), the Departments of the Treasury and the Interior, the National Aeronautics and Space Administration (NASA), the VA, and the National Institutes of Health (NIH).
(Sec. 802) Prohibits DOD from awarding any new contracts for lead systems integrator functions in the acquisition of major systems, effective October 1, 2010, to any entity that was not performing such functions prior to the enactment of this Act. Prohibits the award of any new such contract for a major system that has proceeded beyond low-rate initial production, effective upon the date of enactment of this Act, absent a written determination by the Secretary, sent to the defense committees, that meets specified conditions. Directs the Secretary to:
(1) ensure that the acquisition workforce is of the appropriate size and skill level necessary to perform inherently governmental functions related to the acquisition of major systems; and
(2) update progress made in compliance with
(1), above, in an annual report required under the Warner Act. Provides conditions under which DOD may continue to award contracts for the procurement of services the main purpose of which is to perform acquisition support functions with respect to the development or production of a major system.
(Sec. 803) Requires the Strategic Materials Protection Board to:
(1) assess the extent to which domestic producers of strategic materials are investing on a sustained basis in the processes, infrastructure, workforce training, and facilities required for the continued domestic production of such materials to meet national defense requirements; and
(2) include assessment results in a currently-required annual report to Congress.
(Sec. 804) Makes the requirement that DOD follow Buy American requirements in the purchase of necessary property and services inapplicable with respect to the purchase of:
(1) commercial items;
(2) fasteners, high-performance magnets, electronic components, and commercial derivative military articles; and
(3) certain specialty metals. Authorizes the Secretary to waive Buy American requirements upon a determination that acceptance of the end item is necessary to U.S. national security interests. Requires any domestic non-determinations made between December 6, 2006, and 60 days after the enactment of this Act to be reviewed and amended as necessary to comply with this section.
(Sec. 805) Requires the Secretary to modify DOD regulations concerning the procurement of commercial services to:
(1) authorize the contracting officer in the procurement of certain commercial services to require bid offerors to submit sufficient information to evaluate the reasonableness of the proposed price; and
(2) address the categories of services which may be purchased for or on behalf of DOD pursuant to commercial time and materials contracts.
(Sec. 806) Requires defense budget justification materials submitted for any fiscal year after 2009 to clearly and separately identify amounts requested in each budget account for the procurement of contract services.
(Sec. 807) Requires the:
(1) Secretary to submit to Congress (and make available to the public) an annual inventory of activities performed pursuant to contracts for services for or on behalf of DOD; and
(2) Secretary of the military department or agency head responsible for activities in the inventory to conduct certain review and planning on the basis of the inventories.
(Sec. 808) Requires the Secretary to:
(1) issue guidance (with detailed implementation instructions) for DOD to provide for periodic independent management reviews of contracts for services; and
(2) report to the defense and appropriations committees on the guidance and instructions. Directs the CG to report to such committees on the implementation of the guidance and instructions.
(Sec. 809) Requires the Secretary to:
(1) issue guidance (with detailed implementation instructions) for DOD to ensure the implementation and enforcement of requirements applicable to undefinitized contractual actions; and
(2) report to the defense and appropriations committees on the guidance and instructions. Directs the CG to report to such committees on the effect of the guidance and instructions.
(Sec. 810) Codifies the position and duties of the acquisition executive within the U.S. Special Operations Command. Subtitle B: Provisions Relating to Major Defense Acquisition Programs -
(Sec. 811) Requires the Secretary to certify in writing, by no later than March 1 of a year in which the Secretary requests legislative authority to enter into a multiyear contract with respect to a major defense acquisition program (MDAP), that the Secretary has made certain cost savings determinations with regard to such contract.
(Sec. 812) Requires the program manager for an MDAP that has received Milestone B certification to immediately notify the milestone decision authority of any changes to the MDAP that:
(1) alter the substantive basis for such certification; or
(2) deviate significantly from the certification material provided to the milestone decision authority. Requires the milestone decision authority to receive a business case analysis prior to making a certification.
(Sec. 813) Directs the CG to report to the defense and appropriations committees on potential modifications of the DOD organization and structure for MDAPs.
(Sec. 814) Requires submission of cost or pricing data on noncommercial modifications of commercial items to include the total price of the contract at the time of contract award. Raises from $500,000 to $650,000 the total contract price threshold after which submission of cost or pricing data is required.
(Sec. 815) Revises provisions allowing MDAP systems, components, and spare parts to be treated as commercial items for procurement purposes to require the contract offeror, in each case, to submit sufficient information to evaluate the reasonableness of the price for such system, component, or spare part. Allows other information to be submitted, including labor and material costs and overhead rates.
(Sec. 816) Directs the:
(1) Under Secretary to conduct an annual review of MDAP systematic deficiencies in any fiscal year in which three or more MDAPs experience a critical cost growth threshold breach or lose MDAP certification or Key Decision Point A approval; and
(2) Secretary to report review results to the defense and appropriations committees. Terminates review requirements after FY2012.
(Sec. 817) Requires the Secretary to report to the defense and appropriations committees on:
(1) DOD strategies for the allocation of funds and other resources among MDAPs; and
(2) the extent of implementation of recommendations contained in the February 2003 report of the Government Accountability Office (GAO) entitled "Setting Requirements Differently Could Reduce Weapon Systems' Total Ownership Costs." Subtitle C: Amendments to General Contracting Authorities, Procedures, and Limitations -
(Sec. 821) Directs the Under Secretary to develop and implement a plan to minimize the number of government-unique contract clauses used in commercial contracts by restricting such clauses to:
(1) those authorized by law or regulation; and
(2) ones relevant and necessary to a specific contract.
(Sec. 822) Amends the Clinger-Cohen Act of 1996 to extend until January 1, 2010, the authority to use simplified acquisition procedures for the purchase of property or services that are commercial items valued at no more than $5 million. Requires a report from the Under Secretary to the defense committees on the use of such authority.
(Sec. 823) Amends the NDAA for Fiscal Year 1994 to extend through FY2013 DOD authority to carry out certain prototype projects.
(Sec. 824) Exempts the commander of the Special Operations Command from certain lease limitations regarding substantial termination liability if:
(1) funds are available and obligated for the full cost of the contract on or before the contract is awarded;
(2) the Secretary has certified to the defense and appropriations committees that there is no alternative for otherwise meeting urgent operational requirements; and
(3) 30 days has expired following receipt of such certification.
(Sec. 825) Revises the acquisition authority provided to the Unified Combatant Command for Joint Warfighting to:
(1) include the sustainment of equipment; and
(2) extend such authority through FY2010.
(Sec. 826) Revises requirements for market research for procurements in excess of the simplified acquisition threshold to require prime contractors of a contract in excess of $5 million to engage in necessary market research. Directs the Secretary to develop training to assist contracting officers in performing such research.
(Sec. 827) Directs the Secretary, before purchasing a product listed in the latest edition of the Federal Prison Industries (FPI) catalog for which FPI does not have a significant market share, to conduct market research to determine whether the product is comparable to products available from the private sector that best meet the needs of DOD in terms of price, quality, and time of delivery. Authorizes the Secretary to purchase a product listed in the latest edition of the FPI catalog for which FPI does have a significant 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 applicable competition requirements. Requires the Secretary to publish a list of product categories for which FPI's share of the DOD market is greater than 5%.
(Sec. 828) Authorizes the Secretary to enter into multiyear contracts, for up to ten-year periods, for the purchase of electricity from sources of renewable energy. Provides circumstances under which the Secretary may enter into such multiyear contracts for periods in excess of five years.
(Sec. 829) Authorizes the Secretary to procure from foreign manufacturers fire-resistant rayon fiber for the production of military uniforms if, among other things, such fiber is not available from sources within the national technology and industrial base. Requires congressional notification. Terminates such authority five years after the enactment of this Act.
(Sec. 830) Directs the CG to report to the defense and appropriations committees on the use of procedures other than competitive procedures in the award of DOD contracts. Subtitle D: Accountability in Contracting -
(Sec. 841) Establishes the Commission on Wartime Contracting to study and investigate federal agency contracting for:
(1) the reconstruction of Iraq and Afghanistan;
(2) the logistical support of coalition forces operating in Iraq and Afghanistan; and
(3) the performance of security functions in such operations. Requires interim reports and a final report from the Commission to Congress. Terminates the Commission 60 days after its final report.
(Sec. 842) Directs the inspectors general with jurisdiction over the relevant contracts to conduct a series of audits to identify potential waste, fraud, abuse, or mismanagement in the performance of DOD and federal agency contracts and subcontracts in support of coalition forces in Iraq and Afghanistan and in the performance of security and reconstruction functions in such countries. Requires the DOD Inspector General, the Special Inspector General for Iraq Reconstruction, and the Special Inspector General for Afghanistan Reconstruction to each develop a comprehensive plan for the conduct of such audits under their jurisdiction.
(Sec. 843) Requires that DOD task or delivery order contracts in excess of $100 million be awarded to multiple contractors (with certain exceptions). Establishes additional competition requirements (including requirements for debriefings and authorization of bid protests) for task or delivery orders in excess of $5 million under such multiple award contracts.
(Sec. 844) Amends the Federal Property and Administrative Services Act of 1949 to require the head of an executive agency, including a defense agency, to make certain justification and approval documents relating to the use of noncompetitive procedures in contracting available on the website of the agency within 14 days after contract award.
(Sec. 845) Requires each inspector general appointed under the Inspector General Act of 1978 to submit, as part of a semiannual inspector general report required under such Act, an annex on final, completed contract audit reports issued to the contracting activity containing significant audit findings over the period covered by the report. Exempts such information from public disclosure. Requires the head of each federal department or agency to provide, within 14 days after a request by specified committees, a full and unredacted copy of any such audit.
(Sec. 846) Includes, among others, a representative of a committee of Congress, an Inspector General, the GAO, and a DOD employee responsible for contract oversight or management among those to whom a contractor employee may disclose information concerning contractor fraud, waste, or abuse while being protected from reprisals for such disclosure (whistleblower protections). Provides for expedited determinations of alleged contractor reprisals. Establishes a private right of action for contractor employees subjected to reprisals.
(Sec. 847) Requires certain former senior DOD officials and general and flag officers who participated substantially in DOD acquisition contracts in excess of $10 million and who, within two years after leaving DOD service, expect to receive compensation from a DOD contractor to, prior to accepting such compensation, request a written opinion from a DOD ethics official regarding the applicability of post-employment restrictions on activities that such former official or officer may undertake on behalf of a contractor. Directs that:
(1) such requested opinion be provided within 30 days;
(2) the DOD contractor concerned, before providing such compensation, first determine whether the former DOD official or officer has sought and received such opinion; and
(3) opinion requests and responses be retained by DOD in a central database or repository for at least five years after the opinion is provided.
(Sec. 848) Directs the CG to report to the defense committees on the internal ethics programs of major defense contractors (those that received more than $500 million in DOD contract awards during FY2006).
(Sec. 849) Directs the Secretaries of Defense and the Army to:
(1) separately evaluate recommendations of the Commission on Army Acquisition Program and Program Management in Expeditionary Operations; and
(2) report to the defense and appropriations committees their plans for implementation of such recommendations. Amends the Warner Act to require the CG, as part of a required report under such Act, to review and report to the defense committees on joint policies developed the Secretary for the training of military personnel outside the acquisition workforce who are expected to have acquisition responsibility during combat operations, post-conflict operations, and contingency operations. Subtitle E: Acquisition Workforce Provisions -
(Sec. 851) Amends the OFPPA to require the Secretary to include a separate section on the acquisition workforce in the next and subsequent DOD strategic human capital plans required under the NDAA for Fiscal Year 2006.
(Sec. 852) Directs the Secretary to establish the Department of Defense Acquisition Workforce Fund for the recruitment, training, and retention of DOD acquisition personnel. Requires an annual report from the Secretary to the defense and appropriations committees on Fund operations.
(Sec. 853) Amends the NDAA for Fiscal Year 2004 to extend through FY2012 the authority to fill shortage category positions in the acquisition workforce.
(Sec. 854) Amends the OFPPA to repeal the termination of (and thereby make permanent) the acquisition workforce training fund.
(Sec. 855) Directs the:
(1) Administrator for Federal Procurement Policy (FPP Administrator) to designate a member of the Senior Executive Service as the Associate Administrator for Acquisition Workforce Programs;
(2) head of each executive agency to establish and operate acquisition and contract training programs;
(3) FPP Administrator to promote the development of performance standards for acquisition workforce training and the uniform implementation of this section by executive agencies;
(4) Chief Acquisition Officer of each agency to develop a plan for the recruitment, development, and retention of that agency's acquisition workforce;
(5) FPP Administrator to ensure that a sufficient number of federal employees are trained in the acquisition of architect and engineering services; and
(6) FPP Administrator to encourage executive agencies to utilize existing authorities to recruit and retain acquisition personnel and consider recruiting such personnel who may be retiring from the private sector. Subtitle F: Contracts in Iraq and Afghanistan -
(Sec. 861) Directs the Secretary, the Secretary of State, and the Administrator of the U.S. Agency for International Development (USAID) to:
(1) enter into a memorandum of understanding regarding matters relating to contracting for contracts in Iraq or Afghanistan; and
(2) report to specified congressional committees on implementation of the memorandum.
(Sec. 862) Requires the:
(1) Secretary to prescribe regulations on the selection, training, equipping, and conduct of personnel performing private security functions under a federal contract or subcontract in an area of combat operations; and
(2) Federal Acquisition Regulation to be revised to require the insertion into each covered contract or subcontract of a clause addressing such selection, training, equipping, and conduct. Requires a report from the DOD Inspector General to Congress on the feasibility and advisability of a pilot program for the imposition of fines on contractors or subcontractors for personnel who violate or fail to comply with such regulations or requirements. Makes requirements of this section inapplicable to contracts entered into by elements of the intelligence community in support of intelligence activities.
(Sec. 863) Directs the CG, every 12 months, to review contracts in Iraq or Afghanistan, and report review results to specified congressional committees.
(Sec. 864) Provides definitions with respect to provisions added by this Subtitle. Subtitle G: Defense Materiel Readiness Board -
(Sec. 871) Directs the Secretary to establish a Defense Materiel Readiness Board to provide to the Secretary and Congress independent assessments of materiel readiness, shortfalls, and plans. Requires the:
(1) Board to report findings and recommendations to the Secretary at least every six months; and
(2) Secretary to forward each such report, with comments, to the defense and appropriations committees.
(Sec. 872) Authorizes the Secretary to designate any requirement for equipment or supplies as a critical materiel readiness shortfall if there is an equipment or supplies shortfall that materially reduces readiness of the Armed Forces and that:
(1) cannot be adequately addressed by substitute capabilities; and
(2) is likely to persist for more than two years. Requires the Secretary to ensure that shortfalls so designated are transmitted to relevant DOD officials responsible for requirements, budgets, and acquisition. Authorizes the Secretary to transfer from amounts appropriated to DOD for FY2008 up to $2 billion to address critical readiness requirements designated by the Secretary. Establishes in the Treasury the Department of Defense Strategic Readiness Fund. Authorizes the Secretary concerned to enter into a multiyear contract to procure an item if such item will significantly accelerate efforts to address a critical material readiness shortfall, will provide cost savings, and will serve the interests of national security. Subtitle H: Other Matters -
(Sec. 881) Requires the Secretary to:
(1) establish a clearinghouse to identify, assess, and disseminate knowledge about readily available information technologies that could support the DOD warfighting mission;
(2) hire and support employees to assist in such activities; and
(3) report to the defense and appropriations committees on implementation of this section.
(Sec. 882) Authorizes the Secretary concerned to license trademarks, service marks, certification marks, and collective marks owned or controlled by that Secretary relating to military designations and likenesses of military weapons systems to any qualifying company, upon their request. Defines "qualifying companies" as any small business that is a toy or hobby manufacturer.
(Sec. 883) Amends the Warner Act to allow the Secretary to waive the prohibition against entering into a service contract to acquire a military flight simulator if:
(1) the contract was in effect as of October 17, 2006; and
(2) granting the waiver would be in the national interest (currently, if necessary for national security purposes).
(Sec. 884) Directs the Secretary, at least 30 days prior to making a domestic nonavailability determination with respect to the procurement of specialty metals that would apply to more than one DOD contract, to:
(1) publish on the GSA website notice of the intention to make such determination; and
(2) solicit information relevant to such notice from interested parties, including producers of specialty metal mill products. Requires the Secretary's determination and the rationale therefor to be made publicly available consistent with the protection of national security information and confidential business information.
(Sec. 885) Requires the Secretary to:
(1) use competitive procedures when contracting for morale, welfare, and recreation (MWR) telephone service for personnel serving in combat zones;
(2) ensure that such contracts allow users to use phone cards from multiple phone service providers; and
(3) report implementation results to the defense committees.
(Sec. 886) Authorizes the Secretary to establish a preference for the acquisition of products and services that are produced in Iraq and Afghanistan if:
(1) the product or service is to be used only by military forces, police, or other security forces in Iraq or Afghanistan;
(2) the preference is necessary to provide a stable source of jobs and employment in Iraq or Afghanistan; and
(3) the preference will not have an adverse effect on U.S. military operations or the U.S. industrial base.
(Sec. 887) Requires the Secretary to:
(1) direct the Defense Science Board to review DOD policies and procedures for the acquisition of information technology; and
(2) report review results to the defense and appropriations committees.
(Sec. 888) Expresses the sense of the Senate that DOD should establish a system to document and track the use of environmentally preferable (green) products. Directs the Secretary to submit to Congress its plan to increase the use of environmentally friendly products at all DOD facilities inside and outside the United States.
(Sec. 889) Requires the CG to:
(1) review the application of the Defense Production Act of 1950 since the date of enactment of the Defense Production Act Reauthorization of 2003, in light of amendments made by the latter Act; and
(2) report to the defense and finance committees on review results.
(Sec. 890) Directs the Secretary to:
(1) prescribe regulations requiring DOD contractors to comply with applicable export control laws and regulations;
(2) develop a contract clause enforcing such requirement;
(3) ensure that contractors are made aware of available resources to assist in compliance with such requirements; and
(4) report to the defense committees on implementation of this section.
(Sec. 891) Extends to Native Hawaiian-serving and Alaska Native-serving institutions the federal contract goals for small disadvantaged businesses and certain institutions of higher education.
(Sec. 892) Requires the Secretary, with respect to the procurement of small arms (pistols and weapons less than 0.50 caliber) to be supplied to Iraq and Afghanistan for assistance to their army, police, and other security organizations, to ensure that:
(1) full and open competition is obtained;
(2) no responsible U.S. manufacturer is excluded from such competition; and
(3) products manufactured in the United States are not excluded from the competition. Title IX: Department of Defense Organization and Management - Subtitle A: Department of Defense Management -
(Sec. 901) Repeals a provision limiting the number of DOD headquarters activities personnel. Requires the Secretary to include, within annual DOD budget materials, information on military and civilian personnel assigned to major DOD headquarters activities.
(Sec. 902) Authorizes the Secretaries concerned to choose any number of deputy and assistant chiefs of staff, as long as the total number does not exceed eight. (Currently, such Secretaries are limited to five deputies and three assistants.)
(Sec. 903) Reduces from ten to seven years the period that a regular commissioned officer must wait after being relieved from active duty in order to become eligible for appointment as the Secretary or Deputy Secretary of Defense, or the Under Secretary of Defense for Policy.
(Sec. 904) Designates the Deputy Secretary of Defense as Chief Management Officer of DOD. Provides for a Deputy Chief Management Officer. Requires the Secretary to develop a strategic management plan for DOD, update such plan every two years, and report to the defense committees on each plan and on implementation of this section.
(Sec. 905) Amends the Warner Act to eliminate the requirement that the acquisition programs of the U.S. Special Operations Command must support the acquisition priorities of the respective military departments.
(Sec. 906) Establishes a Department of Defense Board of Actuaries to review, and report to the President and Congress on, valuations of the Department of Defense Military Retirement Fund, Department of Defense Education Benefits Fund, and any related DOD funds. Requires annual Board reports to the Secretary. Terminates the Department of Defense Retirement Board of Actuaries and the Department of Defense Education Benefits Board of Actuaries.
(Sec. 907) Removes the requirement that the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) have extensive management experience in the private sector.
(Sec. 908) Designates one Assistant Secretary of the:
(1) Army as the Assistant Secretary of the Army for Acquisition, Technology, and Logistics;
(2) Navy as the Assistant Secretary of the Navy for Research, Development, and Acquisition; and
(3) Air Force as the Assistant Secretary of the Air Force for Acquisition. Outlines duties for each position. Provides each a Principal Military Deputy.
(Sec. 909) Expresses the sense of Congress that the term of office of the DOD Director of Operational Test and Evaluation should not be less than five years. Subtitle B: Space Activities -
(Sec. 911) Expresses the sense of Congress that the United States should place greater priority on the protection of national security space systems. Directs the Secretary to:
(1) develop the Space Protection Strategy for the development and fielding, for three periods beginning in FY2008 and ending in FY2025, of capabilities necessary to ensure freedom of action in space for the United States; and
(2) report biennially to Congress on the strategy.
(Sec. 912) Directs the Secretary and each department Secretary to develop metrics to identify, track, and manage space cadre personnel within DOD to ensure sufficient personnel with the expertise, training, and experience to meet current and future national security space needs. Requires a biennial report from the Secretary to the defense and appropriations committees on the management of the space cadre.
(Sec. 913) Amends the Stump Act to extend into 2008 a reporting requirement concerning oversight of acquisition for defense space programs. Subtitle C: Chemical Demilitarization Program -
(Sec. 921) Amends the NDAA for Fiscal Year 1993 to:
(1) make the Assistant Secretary of the Army (Acquisition, Logistics, and Technology) the Army's representative to local chemical demilitarization citizens advisory commissions; and
(2) allow such commissions to remain in existence until all closure activities are completed at a chemical agent destruction facility pursuant to the Solid Waste Disposal Act, or upon request of the appropriate state governor, whichever occurs first.
(Sec. 922) Expresses the sense of Congress that:
(1) the United States remain committed to dispose of its entire chemical weapons stockpile by April 2012, the current deadline, or as soon thereafter as possible; and
(2) the Secretary should make every effort to plan for, and request in the annual DOD budget, sufficient funding to complete such disposition in a manner that will protect public health, safety, and the environment. Requires biennial reports, until the year such disposition is completed, from the Secretary to specified Members and committees of Congress on the U.S. implementation of its chemical weapons destruction obligations under the Chemical Weapons Convention.
(Sec. 923) Amends the Department of Defense Authorization Act, 1986 to repeal specified qualification requirements for the Army's Director of the Chemical Materials Agency.
(Sec. 924) Amends the Department of Defense Authorization Act, 1986 to extend until a specified conditional date the termination of assistance to state and local governments for responding to emergencies involving the storage or destruction of lethal chemical agents at DOD installations or facilities. Subtitle D: Intelligence-Related Matters -
(Sec. 931) Makes technical amendments necessitated by the enactment of the Intelligence Reform and Terrorism Prevention Act of 2004. Subtitle E: Roles and Missions Analysis -
(Sec. 941) Directs the Secretary, every four years and after receiving such an assessment from the JCS Chairman, to:
(1) conduct a comprehensive assessment of DOD roles and missions (to be known as the quadrennial roles and missions review); and
(2) report to the defense committees on each review. Requires the Secretary to identify:
(1) core mission areas of the Armed Forces; and
(2) the competencies and capabilities associated with the performance or support of such areas.
(Sec. 942) Requires the Joint Requirements Oversight Council to assist the JCS Chairman in identifying joint military requirements and core mission areas associated with each requirement. Adds the Under Secretary of Defense for Acquisition, Technology and Logistics, the Under Secretary of Defense (Comptroller), and the Director of the Office of Program Analysis and Evaluation to the membership of the Council. Directs the Council to conduct periodic reviews of joint military requirements within a DOD core mission area.
(Sec. 943) Prohibits an MDAP from receiving Milestone A approval, or Key Decision Point A approval in the case of a space program, until the Milestone Decision Authority makes certain certifications as to the program's capabilities and core competencies. Requires notification, from an MDAP program manager to the Milestone Decision Authority, if the projected cost of a system prior to Milestone B approval exceeds by more than 25% the cost estimate submitted at the time of certification. Directs the Milestone Decision Authority to then determine whether the level of resources required to develop and procure such system remains consistent with the priority level assigned by the Joint Requirements Oversight Council. Allows the Milestone Decision Authority to withdraw certification in the interests of national security. Directs the Secretary to review appropriate DOD acquisition directives with respect to MDAPs.
(Sec. 944) Requires the DOD future-years mission budget to be organized by core mission areas. Subtitle F: Other Matters -
(Sec. 951) Requires the first national security strategy, national defense strategy, and quadrennial defense review prepared after the enactment of this Act to include guidance on the effect of projected climate change on current and future DOD missions, including preparedness for natural disasters from extreme weather events.
(Sec. 952) Directs the Secretary to develop and submit to Congress a plan to improve and reform DOD's participation in and contribution to the interagency coordination process on national security issues.
(Sec. 953) Amends the David L. Boren National Security Education Act of 1991 to include as a service option under the National Security Education Program those who serve at least one year in an educational position related to the study supported by the Program after being unable to find other federal employment that fulfills Program requirements.
(Sec. 954) Authorizes the Secretary (under current law, the President, by and with the advice and consent of the Senate) to appoint members for the Board of Regents for the Uniformed Services University of the Health Sciences (University). Requires the Board to meet at least quarterly. Redesignates the Dean of the University as the President of the University.
(Sec. 955) Directs the Secretary to:
(1) submit to the defense and appropriations committees a plan to establish a School of Nursing within the University; and
(2) include in the plan programs of instruction that would lead to the award of a bachelor of science in nursing and such other baccalaureate or graduate degrees as considered appropriate. Authorizes the Secretary to establish such School. (Sec, 956) Includes on the Board of Visitors of the Western Hemisphere Institute for Security Cooperation the commanders of the combatant commands having geographic responsibility for the Western Hemisphere.
(Sec. 957) Requires the CG to submit to the defense and appropriations committees an assessment of the most recent reorganization of the office of the Under Secretary of Defense for Policy.
(Sec. 958) Directs the Secretary to report to the defense and appropriations committees annually through 2013 on the foreign language proficiency of DOD personnel. Title X: General Provisions - Subtitle A: Financial Matters -
(Sec. 1001) Authorizes the Secretary, in the national interest, to transfer up to $5 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1002) Provides the total amount to be contributed by the Secretary in FY2008 for the common-funded budgets of NATO (rather than the maximum amount otherwise applicable under the FY1998 baseline limitation).
(Sec. 1003) Adjusts amounts authorized to be appropriated to DOD in the Warner Act by the amount by which appropriations pursuant to such authorizations are increased or decreased pursuant to the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007.
(Sec. 1004) Amends the Warner Act to exempt transfers of funds to the Iraq Security Forces Fund and Joint Improvised Explosive Device Defeat Fund from dollar limits on the general transfer authority of such Act.
(Sec. 1005) Requires DOD's Director of the Business Transformation Agency to:
(1) carry out an initiative for financial management transformation in the defense agencies in order to, among other things, eliminate or replace defense agency financial management systems that are duplicative, redundant, or fail to comply with current standards;
(2) submit to the defense and appropriations committees a plan for development and implementation of the initiative; and
(3) consult with the DOD Comptroller to ensure that any financial systems developed are consistent with DOD financial standards and requirements.
(Sec. 1006) Amends the Department of Defense Authorization Act, 1986 to repeal the requirement that DOD submit a biennial budget. Subtitle B: Policy Relating to Vessels and Shipyards -
(Sec. 1011) Authorizes the Secretary concerned to contract, for a period greater than two but less than five years, for the lease of a vessel, or the provision of a service through the use of a contractor vessel, after:
(1) notifying the defense committees of proposed contract terms and cost-effectiveness determinations; and
(2) 30 days have elapsed since the notification.
(Sec. 1012) States that it is the policy of the United States to construct the major combatant vessels of the naval strike forces, including all new classes of such vessels, with integrated nuclear power systems. Requires the Secretary, with respect to a budget submission for construction of a new class of major combatant vessel for the naval strike force, to request a vessel with an integrated nuclear power system, unless the Secretary notifies Congress that an integrated system in such vessel is not in the national interest. Subtitle C: Counter-Drug Activities -
(Sec. 1021) Amends the NDAA for Fiscal Year:
(1) 2004 to extend through FY2008 the authority for DOD joint task forces to provide support to law enforcement agencies conducting counterterrorism activities; and
(2) 1998 to include the governments of Mexico and the Dominican Republic within DOD authority to provide support for counter-drug activities in foreign countries.
(Sec. 1023) Directs the President to report to Congress on counternarcotics assistance for the government of Haiti. Subtitle D: Miscellaneous Authorities and Limitations -
(Sec. 1031) Authorizes the Secretary of the Air Force to provide to military and other state aircraft of a foreign country, on a reimbursable basis, routine airport services and miscellaneous supplies, if similar services and supplies are furnished on a reimbursable basis to military and state aircraft of the United States by that foreign country. Authorizes the provision of such services on a non-reimbursable basis if:
(1) providing such services does not result in direct costs to the Air Force; or
(2) the services are provided under a reciprocal agreement authorizing the provision of such services by that country to U.S. military and state aircraft.
(Sec. 1032) Authorizes the Secretary to:
(1) enter into a multilateral memorandum of understanding authorizing the Strategic Airlift Capability Partnership to conduct the acquisition, equipping, ownership and operation of strategic airlift aircraft; and
(2) pay from DOD funds the U.S. equitable share of the costs of such activities and operations. Allows the Secretary to transfer one U.S. strategic airlift aircraft to the Partnership after notifying the defense and appropriations committees of the aircraft chosen.
(Sec. 1033) Increases the size of payments permitted under DOD's authority to provide rewards for assistance in combating terrorism. Allows such rewards to be provided to government personnel of allied forces participating in a combined operation with U.S. Armed Forces. Terminates the rewards program on September 30, 2009. Requires an implementation report from the Secretary to the defense and appropriations committees.
(Sec. 1034) Authorizes the Secretary to make available to a state, unit of local government, or private U.S. entity small quantities of a toxic chemical or precursor for the development or testing in the United States of material designed to be used for protective purposes. Requires the recipient to pay for all costs associated with providing the chemicals or precursors. Requires:
(1) U.S. compliance, in providing such agents, with the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, entered into force on April 29, 1997; and
(2) an annual report from the Secretary to Congress on the use of such authority.
(Sec. 1035) Prohibits DOD from selling any F-14 fighter aircraft, parts unique to such aircraft, or any tooling or dies used in the manufacture of such aircraft or parts. Provides an exception for the sale of aircraft or parts to a museum or similar organization involved in the preservation of such aircraft for historical purposes. Prohibits the grant of an export license for such aircraft, part, or related tool or die. Subtitle E: Reports -
(Sec. 1041) Amends the Stump Act to extend into 2013 required reports from the Secretary and the Director of National Intelligence (previously, the Secretary and the Director of Central Intelligence) concerning research on military capabilities to defeat hardened and deeply buried targets.
(Sec. 1042) Requires the Secretary to report to the defense and appropriations committees describing current and planned DOD joint modeling and simulation activities.
(Sec. 1043) Amends the NDAA for Fiscal Year 2004 to extend through 2009 an annual report on plans for the prompt global strike capability.
(Sec. 1044) Directs the Secretaries of Defense and Energy to each report to Congress on the requirements for a workforce to support the nuclear missions of the Navy and the Department of Energy during the ten-year period beginning on the report date.
(Sec. 1045) Requires the CG to report to the defense and appropriations committees assessing the response of the Defense Finance and Accounting Service to the decision in Butterbaugh vs. Department of Justice (concerning compensation claims of certain former and current reserve personnel).
(Sec. 1046) Directs the Secretary to conduct a study (through a FFRDC) on alternatives for the size and mix of fixed-wing airlift assets to meet the National Military Strategy for the FY2012, FY2018, and FY2024 timeframes. Requires a study report from the FFRDC to the Secretary and the defense and appropriations committees.
(Sec. 1047) Requires a report from the Secretary to the defense and appropriations committees on the feasibility of establishing a Border State Aviation Training Center to support the current and future requirements of the existing RC-26 site for counterdrug activities located at the Fixed Wing Army National Guard Aviation Training Site.
(Sec. 1048) Directs the Secretary to carry out, and report to the defense and appropriations committees on, a limited field user evaluation and operational assessment of qualified combat helmet pad suspension systems. Provides evaluation funding.
(Sec. 1049) Directs the Secretary to enter into an agreement with an independent, nonprofit, nonpartisan organization to conduct a study on the national security interagency system. Requires the organization chosen to report study results to Congress and the President no later than September 1, 2008. Provides funding.
(Sec. 1050) Requires a report from the Secretary to the defense and appropriations committees on the status, capability, viability, and capacity of the solid rocket motor industrial base in the United States.
(Sec. 1051) Directs the Secretary of the Army to:
(1) report to the defense and veterans committees on locations outside of Arlington National Cemetery that would be suitable for a memorial to honor the 40 members of the Armed Forces who lost their lives in the air crash at Bakers Creek, Australia, on June 14, 1943; and
(2) provide a report and, if necessary, propose legislation to such committees regarding the construction of new memorials or monuments at such Cemetery. Subtitle F: Other Matters -
(Sec. 1061) Directs the Secretary to require a federal agency to which law enforcement support or support to a national special security event is provided by National Guard personnel to reimburse DOD for the costs of that support. Authorizes the Secretary to waive reimbursement if such support:
(1) is provided in the normal course of military training or operations; or
(2) results in a DOD or National Guard benefit substantially equivalent to that which would be obtained from military operations or training.
(Sec. 1062) Establishes the Congressional Commission on the Strategic Posture of the United States to:
(1) examine and make recommendations with respect to the U.S. long-term strategic posture;
(2) conduct a strategic threat assessment and detailed review of U.S. nuclear weapons policy, strategy, and force structure; and
(3) report findings, conclusions, and recommendations to the President, the Secretaries of Defense, Energy, and State, and the defense committees. Provides funding. Terminates the Commission on June 1, 2009.
(Sec. 1064) Amends the NDAA for Fiscal Year 2006 to repeal the requirement for a certification to the Federal Aviation Administration (FAA) by the Abraham Lincoln National Airport Commission, Illinois.
(Sec. 1065) Directs the Secretary to maintain the capability for space-based nuclear detection at a level that meets or exceeds that level as of the date of enactment of this Act.
(Sec. 1066) Expresses the sense of Congress that:
(1) the Nation is grateful to the military personnel who guard and interrogate detainees at the Naval Station, Guantanamo Bay, Cuba;
(2) the international community and home countries of such detainees should work with DOD to facilitate and expedite their repatriation;
(3) such detainees should be charged and expeditiously prosecuted for their crimes; and
(4) operations at such Naval Station should be carried out in a way that upholds the national interest and core value of the United States.
(Sec. 1067) Requires the Secretary to submit to the defense and appropriations committees a plan for each individual presently detained at Naval Station, Guantanamo Bay, Cuba, under the control of the Joint Task Force, Guantanamo, who is or ever has been classified as an "enemy combatant."
(Sec. 1068) Revises federal provisions concerning the use of the Armed Forces in major public emergencies to discontinue the executive authority to deploy active and reserve personnel during domestic response incidents. Repeals the authority of the President to direct the Secretary to provide supplies, services, and equipment to persons affected by major public emergencies.
(Sec. 1069) Directs the Secretary to develop standards for access to all military installations in the United States, including screening standards appropriate to the type of installation, the security level, category of individuals authorized to visit, and level of access to be granted. Requires the Secretary to:
(1) develop such standards no later than July 1, 2008, and implement them no later than January 1, 2009; and
(2) submit the standards implemented to the defense committees.
(Sec. 1070) Requires the Secretary to:
(1) conduct a comprehensive review of the U.S. nuclear posture for the next five to ten years; and
(2) report review results to Congress. Expresses the sense of Congress that such review should be used as a basis for establishing future U.S. arms control objectives and negotiating positions.
(Sec. 1071) Amends the NDAA for Fiscal Year 2006 to terminate the Commission on the Implementation of the New Strategic Posture of the United States.
(Sec. 1072) Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to prohibit, after January 1, 2008, the head of a federal agency from granting or renewing a security clearance of a covered person who is an unlawful user of, or addicted to, a controlled substance. Defines a "covered person" as:
(1) an officer or employee of a federal agency;
(2) a member of the Armed Forces on active duty or in an active status; or
(3) an officer or employee of a contractor of a federal agency. Prohibits the head of a federal agency, after January 1, 2008, and absent a waiver, from granting or renewing a clearance to any covered person who:
(1) has been convicted of a crime for which the sentence was imprisonment for more than one year, and was so incarcerated for at least one year;
(2) has been discharged or dismissed from the Armed Forces under dishonorable conditions; or
(3) is mentally incompetent, as determined by an appropriate adjudicating authority. Provides a waiver for the latter prohibition when mitigating factors are present. Requires an annual report from the head of any federal agency that employs or employed a person for whom a waiver was granted.
(Sec. 1073) Directs the Secretary and the Director of National Intelligence to:
(1) implement a demonstration project that applies new and innovative approaches to improve the processing of requests for security clearances;
(2) evaluate the current process for issuing such clearances and develop a specific plan and schedule for replacing such process; and
(3) report to Congress on the demonstration project, the results of the evaluation, and the plan and schedule developed.
(Sec. 1074) Allows the Secretary to authorize qualified members of the Armed Forces and civilian DOD employees to provide physical protection and personal security within the United States to the:
(1) Secretary and Deputy Secretary of Defense;
(2) JCS Chairman and Vice Chairman;
(3) Secretaries of the military departments;
(4) Chiefs of the services; and
(5) commanders of combatant commands. Authorizes protection and security for certain other individuals when determined necessary (requiring a written determination, and submission to the defense and appropriations committees, of such need).
(Sec. 1075) Amends the Spence Act to extend until November 30, 2008, the due date of the final report of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack. Requires the Commission and the Secretary of Homeland Security to jointly ensure that the Commission's work 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. Limits DOD funding to the Commission for preparation and submission of its final report.
(Sec. 1076) Expresses the sense of Congress that DOD's small business innovation research program:
(1) has been effective in supporting the performance of DOD missions;
(2) has transitioned a number of technologies and systems into operational use by warfighters; and
(3) should be reauthorized.
(Sec. 1078) Defines "commercial air service" for purposes of qualification for public aircraft status of aircraft under contract with the Armed Forces.
(Sec. 1079) Requires the Director of the National Counterterrorism Center, the director of a national intelligence center, or head of any department, agency, or element of the intelligence community, within 45 days after receiving a request from the Chair or ranking minority member of the defense committees for any intelligence assessment, report, estimate, or legal opinion, to provide such information. Requires such information to be provided unless the President certifies that the information is not being provided because the President is asserting a privilege pursuant to the U.S. Constitution.
(Sec. 1080) Provides for the DOD retention of funds received for the provision of reciprocal fire protection services.
(Sec. 1081) Directs the Secretary of the Air Force to:
(1) conduct a five-year pilot program to assess the feasibility and advisability of utilizing commercial fee-for-service air refueling tanker aircraft for Air Force operations; and
(2) report annually to the defense and appropriations committees on such program. Requires the CG to annually review the program and report review results, as well as an assessment of the program's final result, to such committees.
(Sec. 1082) Directs the Secretary to establish an advisory panel to assess DOD capabilities to provide support to U.S. civil authorities in the event of a chemical, biological, radiological, nuclear, or high-yield explosive incident. Requires:
(1) interagency cooperation with the panel; and
(2) a panel findings report to the Secretary and the defense committees.
(Sec. 1083) States that a foreign state shall not be immune from an action in a U.S. court in any case in which money damages are sought 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 any such act engaged in by an official, employee, or agent of such foreign state while acting within the scope of such office, employment, or agency. Allows a U.S. court to hear such a claim if:
(1) the foreign state was designated as a state sponsor of terrorism at the time the act occurred;
(2) the claimant was a U.S. national, member of the Armed Forces, or employee of the government acting within the scope of such employment;
(3) the claimant has afforded the foreign state a reasonable opportunity to arbitrate the claim; or
(4) the claim is related to a specified case concerning the taking of American hostages by Iran in 1979. Requires actions to brought no later than the latter of ten years after:
(1) April 24, 1996, or
(2) the cause of action arose. Allows:
(1) a private right of action by such a claimant; and
(2) U.S. courts to appoint special masters to hear such claims. Allows claimants to establish a lien of lis pendens on a foreign state's real property or tangible personal property that is subject to execution or attachment under provisions of the Foreign Sovereign Immunities Act (FSIA). Gives claimants who obtain a judgment against a foreign state recourse to the foreign state's property for execution of such judgment. Provides that a foreign state's property shall not be immune to execution upon judgment due to the property being regulated by the U.S. government under the Trading With the Enemy Act or the International Emergency Economic Powers Act due to the sovereign immunity of the United States. Provides application to pending cases and related actions. Authorizes the President to waive any provision of this section with respect to Iraq if the President determines that:
(1) the waiver is in the U.S. national security interest;
(2) the waiver will promote the reconstruction of, the consolidation of democracy in, and the relations of the United States with, Iraq; and
(3) Iraq continues to be a reliable U.S. ally and partner in combating acts of international terrorism. Terminates such waiver after 30 days unless the President has notified Congress in writing of the basis for the waiver. Expresses the sense of Congress that the President should work with the government of Iraq to ensure compensation for any meritorious claims based on terrorist acts committed by the Saddam Hussein regime against individuals who were U.S. nationals or members of the U.S. Armed Forces at the time of the acts and whose claims cannot be addressed due to the exercise of the President's waiver authority. Title XI: Civilian Personnel Matters -
(Sec. 1101) Extends through 2008 the authority of the head of an executive agency to waive current limitations on total compensation paid to an employee who performs overseas work related to a military operation or in response to a declared emergency within an area of responsibility of the U.S. Central Command.
(Sec. 1102) Authorizes federal civilian employees who are members of a reserve component called or ordered to active duty for a period of more than 30 consecutive days to continue coverage under Federal Employees' Group Life Insurance for up to 24 months after discontinuance of federal pay by reason of the performance of such duty. Requires the employee to pay premiums after the first 12 months of such additional coverage.
(Sec. 1103) Allows to be relocated to their home of record at government expense the dependents of a civilian employee who dies while:
(1) performing duties within the area of responsibility of the U.S. Central Command; or
(2) a party to a mandatory mobility agreement.
(Sec. 1104) Authorizes the head of a federal agency to provide quarters, rations, and storage of a personal vehicle of a civilian employee of an executive agency of a military department who is assigned to a temporary change of station in support of a contingency operation.
(Sec. 1105) Directs the United States to pay a death gratuity of up to $100,000 upon the death of a civilian employee who dies of injuries in connection with service with an armed force in a contingency operation. Makes this section effective, at the discretion of the Secretary concerned, for deaths occurring on or after October 7, 2001, in connection with service in Operations Enduring Freedom or Iraqi Freedom. Requires the death gratuity to be offset by amounts from any other federally-provided death gratuity. Provides a priority for survivors for the receipt of such gratuity. Allows the employee to designate another person to receive up to 50% of such payment, with the balance to be paid according to the survivor priority.
(Sec. 1106) Revises provisions establishing the National Personnel System to provide collective bargaining and appeal rights for DOD employees. Allows (current law prohibits) the National Guard Bureau and the Army and Air Force National Guard to be included under the collective bargaining provisions. Prohibits the Secretary from adding more than 100,000 civilian employees to the System. Requires the CG to:
(1) conduct periodic reviews, assessments, and surveys during 2008 through 2010 on employee satisfaction with the System; and
(2) report results thereof to specified congressional committees.
(Sec. 1107) Directs the Secretary to:
(1) fully implement the project first authorized under the NDAA for Fiscal Year 1995 to carry out personnel management demonstration projects at DOD laboratories that are exempt from inclusion in DOD's National Security Personnel System;
(2) implement a process to enhance the performance of the missions of the laboratories; and
(3) report annually to Congress a list and description of the demonstration project notices, amendments, and changes requested by laboratories.
(Sec. 1108) Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Thurmond Act) to include within an experimental personnel program for DOD scientific and technical personnel not more than 10 scientific and engineering positions in the Office of the Director of Defense Research and Engineering.
(Sec. 1109) Authorizes the Secretary to conduct a three-year pilot program under which the Secretary assigns to a private sector organization a DOD information technology (IT) employee. Requires the employee, upon return, to work in the civil service for a period at least equal to the assignment period. Prohibits more than ten DOD employees from participating in the program at any one time. Directs the Secretary to report to the defense committees on the potential benefits of a program under which private sector IT employees may be temporarily assigned to DOD.
(Sec. 1110) Authorizes the compensation of federal wage system employees for time spent returning from an event that cannot be scheduled administratively.
(Sec. 1111) Allows prevailing rate employees to receive compensatory time off for each hour spent on official travel which is not otherwise compensable.
(Sec. 1112) Allows senior-level federal employees (above GS-15) to accumulate annual leave in the same manner as employees of the Senior Executive Service, the Defense Intelligence Senior Executive Service, and certain other senior government officials.
(Sec. 1113) Authorizes the Secretary to prescribe an amount higher than $400 for an annual uniform allowance for DOD civilian employees.
(Sec. 1114) Authorizes an employee of a DOD or Coast Guard nonappropriated fund instrumentality to voluntarily transfer, without a break in service of more than three days, to a civil service appropriated fund position at the lowest pay within the appropriate grade that equals or exceeds the employee's previous pay level.
(Sec. 1115) Ensures retirement service credit for service as a cadet or midshipman at a military service academy.
(Sec. 1116) Authorizes increased annual compensation (up to $400,000) for faculty and staff of the Uniformed Services University of the Health Sciences.
(Sec. 1117) Requires the Secretary to report to Congress on the feasibility and advisability of establishing a scholarship program for civilian mental health professionals. Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training -
(Sec. 1201) Allows the Secretary to assign personnel for military-to-military contact and other personnel exchange programs on a non-reciprocal basis, if the Secretary determines it is in the best interests of the United States.
(Sec. 1202) Amends the Reagan Act to extend through FY2010 the authority for the DOD support of military activities of foreign forces, groups, or individuals to combat terrorism. Extends related report requirements.
(Sec. 1203) Authorizes the Secretary to pay the medical expenses incurred by a liaison officer from a developing country who is temporarily assigned to a headquarters of a combatant command, component command, or subordinate operational command in connection with the planning for, or conduct of, a military operation. Authorizes the Secretary to pay such officer's medical care and temporary duty travel expenses in certain instances. Extends permanently (previously expired on December 31, 2005) the Secretary's authority to provide administrative services and support to such officers.
(Sec. 1204) Amends the Warner Act to extend through FY2008 the authority of, and increase the authorization of appropriations for, DOD to enter into agreements with NATO members, major non-NATO allies, and friendly foreign countries to participate in centers of excellence to enhance interoperability, develop military doctrine, and develop and test new concepts. Extends related report requirements.
(Sec. 1205) Amends the NDAA for Fiscal Year 2006 to extend through FY2009, and increase the authorization of appropriations for, the Commander's Emergency Response program (DOD provision of humanitarian and related relief to Iraq and Afghanistan). Extends related report requirements.
(Sec. 1206) Authorizes the Secretary to provide assistance during FY2008 to enhance the ability of the Pakistan Frontier Corps to conduct counterterrorism operations along the border between Pakistan and Afghanistan. Limits to $75 million the amount of DOD O&M funds that may be used for such assistance. Requires 15 days' prior notification to the defense, foreign relations, and appropriations committees before the provision of such assistance.
(Sec. 1207) Authorizes the Secretary, with the concurrence of the Secretary of State, to provide equipment, supplies, services, and personnel training to a foreign nation to assist DOD with recovery of and accounting for missing U.S. personnel. Limits to $1 million the amount of any such assistance provided in a fiscal year. Requires an annual report from the Secretary to the defense and appropriations committees on assistance provided.
(Sec. 1208) Allows the Secretary to authorize a department Secretary or combatant command commander 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 pursuant to an agreement for such an exchange.
(Sec. 1209) Requires a report from the Secretary to the appropriations, defense, and foreign relations committees specifying, on a country-by-country basis, each foreign assistance-related program carried out by DOD during the prior fiscal year.
(Sec. 1210) Amends the NDAA for Fiscal Year 2006 concerning a program under which the Secretary provides funds to the Secretary of State for the provision of reconstruction, security, or stabilization assistance to a foreign country to:
(1) require the Secretary of State to coordinate with the Secretary in the formulation of a plan on the use of such funds; and
(2) extend program authority through FY2008.
(Sec. 1211) Requires a report from the CG to the defense, appropriations, and foreign relations committees assessing the Global Peace Operations Initiative.
(Sec. 1212) Amends the American Servicemembers' Protection Act of 2002 to repeal certain limitations on U.S. military assistance to parties to the International Criminal Court. Subtitle B: Matters Relating to Iraq and Afghanistan -
(Sec. 1221) Amends the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 to extend the responsibilities of the Special Inspector General for Iraq Reconstruction to include authority over all reconstruction funding provided, regardless of its source or fiscal year availability. Terminates the Office of the Special Inspector General 180 days after the balance of funds appropriated for the reconstruction of Iraq is less than $250 million.
(Sec. 1222) Prohibits funds from being obligated or expended to:
(1) establish any military installation or base for providing for the permanent stationing of U.S. Armed Forces in Iraq; or
(2) exercise U.S. control of the oil resources of Iraq.
(Sec. 1223) Amends the United States Policy in Iraq Act (part of the NDAA for Fiscal Year 2006) to require in an annual report under such Act a detailed description of the Multi-National Forces-Iraq/United States Embassy Baghdad Joint Campaign Plan, including conditions which could prompt changes to U.S. Armed Forces levels or missions in Iraq. Requires congressional briefings, after each such report, from the Secretary and the JCS on such issues.
(Sec. 1224) Amends the Department of Defense Appropriations Act, 2007 to require, in a report required under such Act, additional information on the success of increased use of the Iraqi Security Forces in bringing stability to Iraq.
(Sec. 1225) Requires semiannual reports from the Secretary to the defense and appropriations committees on Iranian support for attacks against coalition forces in Iraq. Terminates the report requirement on the date that the Secretary certifies to such committees that the government of Iran has ceased to provide military support to anti-coalition forces that conduct such attacks.
(Sec. 1226) Expresses the sense of Congress that:
(1) a failed state in Iraq will have a negative impact on the Middle East and U.S interests in the region; and
(2) the United States should pursue strategies to prevent a failed state in Iraq or to contain negative effects of such failed state.
(Sec. 1227) Expresses the sense of Congress that:
(1) policies supported by the United States in pursuit of a political settlement in Iraq should be consistent with the wishes of the Iraqi people and should not violate Iraqi sovereignty; and
(2) if the Iraqi people support a political settlement in Iraq based on the Constitution of Iraq that creates a federal system of government and allows for the creation of federal regions, then the United States should support such a settlement.
(Sec. 1228) Directs the President to implement a policy to control the export and transfer of defense articles into Iraq, and to implement a defense articles registration and monitoring system. Authorizes the President to exempt items from such registration, after congressional notification. Requires:
(1) periodic review of the items subject to such registration; and
(2) the reporting of review results to specified congressional committees.
(Sec. 1229) Establishes the Office of the Special Inspector General for Afghanistan Reconstruction, headed by a Special Inspector General, who shall conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of funds appropriated by the U.S. government, and of the programs, operations, and contracts carried out utilizing such funds in Afghanistan, in order to prevent and detect waste, fraud, and abuse. Directs the Special Inspector General to appoint an Assistant Special Inspector General for:
(1) Auditing; and
(2) Investigations. Requires Special Inspector General quarterly reports to the appropriations, defense, and foreign relations committees on activities conducted. Requires each report to be made public (with exceptions for national security or criminal investigatory reasons). Allows the President to waive any report requirement under this Act for national security reasons. Authorizes appropriations. Terminates the Office 180 days after remaining amounts appropriated for the reconstruction of Afghanistan are less than $250 million. Requires a final forensic audit report on programs and operations funded with amounts appropriated or otherwise made available for the reconstruction of Iraq.
(Sec. 1230) Directs the President to report semiannually through FY2010 to the defense, appropriations, and foreign relations committees on progress toward security and stability in Afghanistan. Outlines matters to be included in such report, including:
(1) strengthening the NATO International Security Assistance Forces;
(2) Afghanistan National Security Forces capacity-building;
(3) provincial reconstruction teams and other reconstruction and development activities;
(4) counter-narcotics activities;
(5) aid in fighting public corruption;
(6) regional (geographic) considerations; and
(7) performance indicators and measures of progress toward sustainable long-term security and stability. Directs the Secretary to supplement each required report with regular briefings to such committees.
(Sec. 1231) Directs the Secretary to submit to the defense, appropriations, and foreign relations committees an annual plan for sustaining the Afghanistan National Army and the Afghanistan National Police of the Afghanistan National Security Forces with the objective to ensure and maintain long-term security and stability in Afghanistan.
(Sec. 1232) Requires the Secretary to report to the defense, appropriations, and foreign relations committees on enhancing security and stability in the region along the border of Afghanistan and Pakistan. States that if such report is not submitted by March 31, 2008, then the government of Pakistan may not be reimbursed for certain logistic, military, and other support provided to the United States until the Secretary does submit the report. Directs the Secretary, at least 15 days before making any such reimbursement to Pakistan, to notify the defense and appropriations committees.
(Sec. 1233) Earmarks DOD O&M funds for reimbursing any key cooperating nation for logistical and military support provided in connection with U.S. military operations in Operations Iraqi Freedom or Enduring Freedom. Limits to $1.2 billion the amount of such reimbursements during FY2008. Requires 15 days' advance notification of the defense and appropriations committees prior to any reimbursement.
(Sec. 1234) Allows DOD O&M funds to be used to provide supplies, services, transportation, and other logistical support to coalition forces supporting U.S. military and stabilization operations in Iraq and Afghanistan. Limits to $400 million the amount of such support during FY2008. Requires quarterly reports from the Secretary to the defense and appropriations committees on the provision of such support. Subtitle C: Iraq Refugee Crisis - Refugee Crisis in Iraq Act of 2007 -
(Sec. 1242) Directs the Secretary of State (Secretary, for purposes of this Subtitle only) to establish or use existing refugee processing mechanisms in Iraq and in countries in the region for eligible Iraqis to apply and interview for U.S. admission as refugees or as special immigrants. Authorizes the Secretary to suspend in-country processing for up to 90 days, and to extend such suspension upon notification of the judiciary and foreign relations committees. Requires the Secretary to report to such committees:
(1) plans to establish the processing mechanisms;
(2) an assessment of in-country processing that utilizes videoconferencing; and
(3) efforts to improve issuance of exit permits to U.S. personnel and refugees.
(Sec. 1243) Includes among refugees of special humanitarian concern:
(1) Iraqis who were or are employed by the U.S. government in Iraq;
(2) Iraqis who were employed in Iraq by a U.S.-based media or nongovernmental organization or an organization that has received U.S. government funding;
(3) spouses, children, sons, daughters, siblings, and parents of Iraqis who worked for the U.S. government; and
(4) Iraqis who are members of a religious or minority community and have close family members in the United States. Authorizes the Secretary to identify other priority groups in Iraq, including vulnerable populations.
(Sec. 1244) Authorizes the Secretary of Homeland Security to provide special immigrant status to an otherwise admissible Iraqi national (and spouse and children) who was employed by, or worked for or directly with the U.S. government in Iraq for at least one year in or after March 30, 2003, and has or is experiencing an ongoing serious threat as a consequence of such employment. Limits the number of such special immigrants to 5,000 per year for each of the five years beginning on the date of enactment of this Act. Prohibits the charging of visa fees in connection with such immigrants.
(Sec. 1245) Directs the Secretary to:
(1) establish in the U.S. embassy in Baghdad, Iraq, a Senior Coordinator for Iraqi Refugees and Internally Displaced Persons; and
(2) designate in the U.S. embassies in Cairo, Egypt; Amman, Jordan; Damascus, Syria; and Beirut, Lebanon a Senior Coordinator to oversee U.S. resettlement of persons considered refugees of special humanitarian concern.
(Sec. 1246) Directs the Secretary, with respect to each country with a significant population of displaced Iraqis, including Iraq, Jordan, Egypt, Syria, Turkey, and Lebanon, to:
(1) consult with other countries regarding resettlement of the most vulnerable members of such refugee populations; and
(2) develop mechanisms in and provide assistance to countries with a significant population of displaced Iraqis to ensure their well-being and safety in their host environments.
(Sec. 1247) Permits a qualifying Iraqi applicant for asylum or withholding of removal whose claim was denied in whole or in part on the basis of changed country conditions on or after March 1, 2003, to file for reopening of his or her claim within six months after the enactment of this Subtitle.
(Sec. 1248) Requires reports from:
(1) the Secretary of Homeland Security on plans to expedite the processing of Iraqi refugees for resettlement;
(2) the President assessing the financial, security, and personnel considerations and resources necessary to carry out this Subtitle;
(3) the Secretaries of Defense, State, the Treasury, and Homeland Security, as well as the USAID Administrator, on Iraqi nationals employed by the U.S. government and federal contractors in Iraq; and
(4) the Secretary of Defense on the establishment of a 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, to be used by relevant federal departments and agencies to adjudicate refugee, asylum, special immigrant visa, and other immigration claims and applications.
(Sec. 1249) Authorizes appropriations. Subtitle D: Other Authorities and Limitations -
(Sec. 1251) Renames "arms cooperation opportunities documents" as "cooperative opportunities documents" for purposes of cooperative research and development agreements between the United States, NATO organizations, and other allied and friendly foreign countries.
(Sec. 1252) Amends the Warner Act to:
(1) allow DOD to lend certain military equipment to military forces of a nation participating with the United States in a United Nations (UN) or other international agreement. (Under current law, such equipment may be provided to foreign military forces of nations participating with the United States in military operations in Iraq or Afghanistan.) Extends the overall lending authority through FY2009.
(Sec. 1253) Authorizes the Secretary to accept specified funds from the government of Palua to defray the costs of DOD military civic action teams there.
(Sec. 1254) Repeals a provision of the Warner Act which requires the President to appoint a senior presidential coordinator of U.S. policy on North Korea.
(Sec. 1255) Amends the State Department Basic Authorities Act of 1956 to direct the Secretary of State to authorize a $50 million award for the capture or death, or information leading to the capture or death, of Osama bin Laden. Requires:
(1) a report from the Secretaries of State and Defense on progress made in bringing bin Laden and other al Qaeda leaders to justice; and
(2) a follow-up report one year after the original report.
(Sec. 1256) Amends the NDAA for Fiscal Year 1994 to:
(1) replace the Director of Central Intelligence with the Director of National Intelligence on the Counterproliferation Program Review Committee;
(2) add to such Committee the Secretaries of State and Homeland Security;
(3) extend the Committee through FY2013; and
(4) make related reports biennial rather than annual.
(Sec. 1257) Expresses the sense of Congress that:
(1) the Western Hemisphere Institute for Security Cooperation is succeeding in providing security education and training to eligible Western Hemisphere military personnel, law enforcement officials, and civilians; and
(2) therefore, the Institute should continue to be utilized.
(Sec. 1258) Expresses 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;
(2) it is in the U.S. national interest that Iran does not use extremists in Iraq to subvert or co-opt institutions of the legitimate government of Iraq;
(3) the United States should designate Iran's Islamic Revolutionary Guard Corps as a foreign terrorist organization and place them on the list of specially designated global terrorists; and
(4) the United States should expediently complete the listing of entities targeted as terrorist organizations under specified UN Security Council resolutions. Subtitle E: Reports -
(Sec. 1261) Amends the NDAA for Fiscal Year 2006 to extend to January 7, 2008, a required update of a report on claims relating to the bombing of the LaBelle Discotheque in Berlin, Germany, in April 1986.
(Sec. 1262) Requires a report from the Secretaries of State and Defense to the defense and foreign relations committees on U.S. policy to address the crisis in Darfur, in eastern Chad, and in northeastern Central African Republic, and on U.S. contributions in support of the current African Union Mission in Sudan or any covered UN mission. Repeals superseded report requirements under the Warner Act.
(Sec. 1263) Amends the NDAA for Fiscal Year 2000 to include information on asymmetric capabilities, including cyberwarfare, in an annual report of military power of the People's Republic of China.
(Sec. 1264) Requires a report from the Secretary to the defense committees on the status of implementation of provisions of the Warner Act relating to the application of the Uniform Code of Military Justice (UCMJ) to persons serving with or accompanying an armed force in the field during a time of war or a contingency operation.
(Sec. 1265) Directs the President to report to Congress on family reunions between U.S. citizens and their relatives in the Democratic People's Republic of Korea.
(Sec. 1266) Requires the Secretaries of State and Defense to each report to the defense, appropriations, and foreign relations committees assessing the capabilities of each of their departments to provide training and guidance to the command of an international intervention force that seeks to prevent mass atrocities.
(Sec. 1267) Requires the Secretaries of Defense and State to jointly report to the defense, foreign relations, and appropriations committees on threats posed to the United States from ungoverned areas, including threats posed by terrorist groups. Title XIII: Cooperative Threat Reduction With States of the Former Soviet Union -
(Sec. 1301) Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purpose available for three fiscal years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 30 days after the Secretary reports to Congress on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
(Sec. 1303) Amends the NDAA for Fiscal Year:
(1) 1997 to authorize the Secretary to carry out specified CTR programs in states outside the former Soviet Union; and
(2) 2004 to allow the Secretary, with the concurrence of the Secretary of State (under current law, allows the President) to exercise the emergency authority to use prior-year CTR balances for a proliferation threat reduction project or activity outside the former Soviet Union.
(Sec. 1304) Repeals provisions of the:
(1) Soviet Nuclear Threat Reduction Act of 1991, the Cooperative Threat Reduction Act of 1993, and the NDAA for Fiscal Year 2000, which require a number of annual certifications before any CTR funds may be obligated in a fiscal year; and
(2) NDAA for Fiscal Year 2005 which authorize the President to waive the annual certification requirements.
(Sec. 1305) Amends the NDAA for Fiscal Year 2004 to:
(1) authorize the Secretary (under current law, the President) to use CTR funds outside the former Soviet Union; and
(2) require the Secretaries of Defense and State to notify Congress within ten days after making certain determinations with respect to the need for such use of CTR funds.
(Sec. 1306) Expresses the sense of Congress that the CTR program should be strengthened and expanded, in part by developing new CTR initiatives. Outlines CTR goals and objectives of such initiatives. Requires the Secretary to:
(1) arrange for the National Academy of Sciences to carry out a study to analyze options for strengthening and expanding the CTR program; and
(2) report to Congress on the new initiatives. Provides funding.
(Sec. 1307) Directs the Secretary to report to the defense and appropriations committees on the Shchuch'ye chemical weapons destruction project in Russia.
(Sec. 1308) Requires the Secretary to:
(1) enter into an arrangement with the National Academy of Sciences (NAS) to carry out a study to identify areas for cooperation with states other than states of the former Soviet Union under the CTR program for the prevention of proliferation of biological weapons; and
(2) report study results to Congress. Provides funding. Title XIV: Other Authorizations - Subtitle A: Military Programs -
(Sec. 1401) Authorizes appropriations for DOD for FY2008 for:
(1) Defense Working Capital Funds;
(2) the National Defense Sealift Fund;
(3) the Defense Health Program;
(4) chemical agents and munitions destruction;
(5) drug interdiction and counter-drug activities; and
(6) the Defense Inspector General. Subtitle B: National Defense Stockpile -
(Sec. 1411) Authorizes the National Defense Stockpile (NDS) Manager, during FY2008, to obligate up to $44,825,000 of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposition of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 1412) Amends the NDAA for Fiscal Year 2000 and the Thurmond Act to increase required receipt objectives for previously-authorized NDS disposals.
(Sec. 1413) Authorizes the Secretary to dispose of up to 50,000 tons of ferromanganese from the National Defense Stockpile (NDS) during FY2008. Authorizes the Secretary, if such disposal is completed before September 30, 2008, to dispose of up to 50,000 additional tons before such date. Allows the Secretary to dispose of the additional amounts only after certifying to the defense committees that the additional disposal:
(1) is in the interest of national defense;
(2) will not cause disruption to the usual U.S. markets or producers and processors of ferromanganese; and
(3) is consistent with NDS requirements and purposes.
(Sec. 1414) Authorizes the Secretary to dispose of up to 500 short tons of chrome metal from the NDS during FY2008. Authorizes the Secretary, if such disposal is completed before September 30, 2008, to dispose of up to 500 additional short tons, requiring, at least 30 days in advance, the same certification as above. Subtitle C: Armed Forces Retirement Home -
(Sec. 1421) Authorizes appropriations for FY2008 for the Armed Forces Retirement Home (Home).
(Sec. 1422) Amends the Armed Forces Retirement Home Act of 1991 to:
(1) require services provided to Home residents to include nonacute medical and dental services, pharmaceutical services, and transportation;
(2) direct the Secretary to designate the Deputy Director of the TRICARE Management Activity as the Home Senior Medical Advisor (with specified duties);
(3) require the DOD Inspector General to inspect a Home facility in any year in which that facility is not inspected by a nationally recognized civilian accrediting organization; and
(4) require reports concerning inspections. Title XV: Authorization of Additional Appropriations for Operation Iraqi Freedom and Operation Enduring Freedom -
(Sec. 1502) Authorizes appropriations for DOD for FY2008 to provide additional funds for Operations Iraqi Freedom and Enduring Freedom, specifically for:
(1) procurement;
(2) the Joint Improvised Explosive Device Defeat Fund;
(3) RDT&E;
(4) O&M;
(5) working capital funds;
(6) the Defense Health Program;
(7) defense drug interdiction and counter-drug activities;
(8) the Defense Inspector General;
(9) the Iraq Freedom Fund;
(10) the Iraq Security Forces Fund;
(11) the Afghanistan Security Forces Fund;
(12) military personnel; and
(13) the Strategic Readiness Fund.
(Sec. 1516) Treats amounts authorized to be appropriated by this title as in addition to amounts otherwise authorized by this Act.
(Sec. 1517) Authorizes the Secretary, in the national interest, to transfer up to $3.5 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer. Title XVI: Wounded Warrior Matters - Wounded Warrior Act -
(Sec. 1603) Requires the Secretaries of Defense and Veterans Affairs (Secretaries), in developing and implementing the policy required under section 1611, below, to:
(1) take into account and fully address any unique gender-specific needs of recovering servicemembers (defined below) and veterans; and
(2) include a description of such needs, and the manner in which they are addressed, in any reports required under this title. Subtitle A: Policy on Improvements to Care, Management, and Transition of Recovering Servicemembers -
(Sec. 1611) Directs the Secretaries to:
(1) jointly develop and implement a comprehensive policy on improvements to the care, management, and transition of members of the Armed Forces (members) who are undergoing medical treatment, recuperation, or therapy, and is in an outpatient while recovering from a serious injury or illness related to the member's military service (recovering servicemembers);
(2) jointly update the policy on a periodic basis (at least annually); and
(3) jointly and separately review all DOD and VA policies and procedures that apply to, or are covered by, the policy. Requires such review to be completed within 90 days after the enactment of this Act. Directs the Secretaries, in developing the policy, to take into account specified findings, recommendations, and practices, including those of the Independent Review Group on Rehabilitative Care and Administrative Processes at Walter Reed Army Medical Center and National Naval Medical Center. Requires the policy to include, for recovering servicemembers:
(1) uniform standards among the military departments for the training and skills of health care professionals, recovery coordinators, and case managers to ensure that such personnel are able to detect early-warning signs of post-traumatic stress disorder (PTSD), suicidal or homicidal thoughts or behaviors, and other behavior health concerns;
(2) a comprehensive recovery plan for each member;
(3) assignment of recovery care coordinators, medical care case managers, and non-medical care case managers;
(4) access to non-urgent health care from DOD or other providers under TRICARE;
(5) assignment to care locations;
(6) the provision of educational and vocational training and rehabilitation opportunities;
(7) member tracking;
(8) referrals to other care and service providers; and
(9) specified family support services, including outreach.
(Sec. 1612) Directs the:
(1) Secretary to develop a policy on improvements to the processes, procedures, and standards for the conduct by the military departments of medical evaluations of recovering servicemembers;
(2) Secretaries to develop a policy with respect to the conduct of physical disability evaluations of recovering servicemembers by the military departments and the VA; and
(3) Secretaries to report to the defense, veterans, and appropriations committees on the feasibility and advisability of consolidating the disability evaluation systems of the military departments and the VA into a single system.
(Sec. 1613) Requires the Secretary to establish standards for determinations by the military departments on the return of recovering servicemembers to active duty.
(Sec. 1614) Directs the Secretaries to jointly develop and implement processes, procedures, and standards for the transition of recovering servicemembers from care and treatment through DOD to care, treatment, and rehabilitation through the VA.
(Sec. 1615) Requires reports from:
(1) the Secretaries to the defense, veterans, and appropriations committees on the policy developed, as well as on policy updates;
(2) the Comptroller General (CG) annually to such committees assessing DOD and VA progress in developing and implementing the policy; and
(3) the Secretary of Defense to the defense committees on instances beginning on October 7, 2001, and ending on September 30, 2007, in which a disability rating assigned to a member by an informal DOD physical evaluation board was reduced upon appeal, and the reasons therefor.
(Sec. 1616) Directs the Secretary to establish a wounded warrior research center to provide recovering servicemembers, their families, and their primary caregivers a single point of contact for assistance in reporting deficiencies in covered military facilities (military medical treatment facilities, specialty medical care facilities, and military quarters or leased housing for patients), obtaining health care services, receiving benefits information, and any other difficulties encountered. Requires:
(1) the center to provide multiple methods of access, including at a minimum an Internet website and a toll-free telephone number; and
(2) the confidentiality of information provided to the center.
(Sec. 1617) Requires the Secretary concerned to notify the appropriate Members of Congress of the hospitalization of any member evacuated from a theater of combat and admitted to a U.S. military treatment facility. Allows such notification only with the consent of the evacuated member.
(Sec. 1618) Directs the Secretary to report to the defense and appropriations committees a comprehensive plan for DOD programs and activities to prevent, diagnose, mitigate, treat, research, and otherwise respond to traumatic brain injury (TBI), PTSD, and other mental health conditions in members. Subtitle B: Centers of Excellence in the Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Traumatic Brain Injury, Post-Traumatic Stress Disorder, and Eye Injuries -
(Sec. 1621) Requires the Secretary to establish in DOD a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of:
(1) TBI;
(2) PTSD; and
(3) military eye injuries. Requires reports from the Secretary to Congress on the establishment and operation of each center. Subtitle C: Health Care Matters -
(Sec. 1631) Authorizes the Secretary to provide to any former member with a serious injury or illness the same medical and dental care as a member on active duty for care not reasonably available to the former member through the VA. Terminates such authority at the end of 2012. Entitles (with the same termination date) current members with a severe injury or illness to veterans' benefits (excluding compensation) from the VA to facilitate their recovery and rehabilitation.
(Sec. 1632) Directs the Secretary concerned to implement, for each member who incurred a combat-related disability and is entitled to retired or retainer pay, an outreach program for the reimbursement of travel expenses associated with follow-on specialty care, services, and supplies.
(Sec. 1633) Authorizes extended care benefits, including respite care, for members who incur a serious injury or illness while on active duty.
(Sec. 1634) Requires a report from the Secretary to the defense and appropriations committees on progress in implementing requirements under the Warner Act relating to:
(1) a study on TBI incurred by members participating in Operations Iraqi Freedom and Enduring Freedom; and
(2) early diagnosis and treatment of PTSD and other mental health conditions of members. Requires an annual report to such committees, during 2008 through 2013, on amounts expended by DOD for the diagnosis, treatment, and rehabilitation of members with TBI or PTSD.
(Sec. 1635) Directs the Secretaries to jointly:
(1) develop and implement electronic record systems that allow full interoperability of personal health care information between DOD and the VA; and
(2) accelerate the exchange of such information between the two departments. Establishes the Department of Defense-Department of Veterans Affairs Interagency Program Office (with a Director and Deputy Director) for such purposes. Authorizes the Secretaries to carry out pilot projects to assess the feasibility and advisability of various technological approaches to the development of the record systems. Requires:
(1) annual reports from the Director to the Secretaries and the defense, veterans, and appropriations committees on Office activities;
(2) the Secretaries to make such reports available to the public; and
(3) semiannual assessments by the CG of the Secretaries' progress in achieving the requirements of this section.
(Sec. 1636) Allows the Secretary to exercise any DOD authority for the appointment and pay of health care personnel in order to provide or enhance DOD capacity to provide care and treatment for members who are wounded or injured on active duty, and to support ongoing DOD patient care and medical readiness, education, and training requirements. Directs the military department Secretaries to:
(1) develop a strategy of best practices for the recruitment of such medical and health professionals within their department; and
(2) report on such strategy to the defense and appropriations committees. Terminates the authority under this section on September 30, 2010.
(Sec. 1637) States that a member who has a medical condition relating to service on active duty that warrants further medical care, and that has been identified during the member's 180-day transition period, shall be entitled to receive medical and dental care for such condition as if the member were still on active duty, until 180 days after such condition is diagnosed. Requires the Secretary concerned to ensure that the Defense Enrollment and Eligibility Reporting System is continually updated to reflect the continuing entitlement of such members to such services. Subtitle D: Disability Matters -
(Sec. 1641) Authorizes the retirement or separation for disability of members, under provisions applicable to members on active duty for more than 30 days, if the member has six months or more of active service and the disability was not noted at the time of the member's entrance into active duty, unless medical evidence or judgment warrants a finding that the disability existed before the member's entrance on active duty.
(Sec. 1642) Requires the Secretary concerned, in making disability determinations, to utilize (without deviating from) the schedule for rating disabilities in use by the VA. Authorizes the Secretary concerned to utilize criteria other than the VA schedule if such utilization will result in a determination of a greater percentage of disability than in the use of the schedule.
(Sec. 1643) Directs the Secretary to establish within the Office of the Secretary the Physical Disability Board of Review to review disability determinations made by DOD physical evaluation boards of members who, during the period beginning on September 11, 2001, and ending on December 31, 2009, are:
(1) separated from the Armed Forces as unfit for duty due to a medical condition with a disability rating of 20% or less; and
(2) found to be ineligible for retirement. Requires the Board to notify such member or his or representative that consideration by the Board precludes further consideration by the Board for Correction of Military Records. Authorizes the Secretary concerned to correct the military records of such individuals in light of any Board of Review findings.
(Sec. 1644) Authorizes the Secretary to conduct pilot programs with respect to the DOD system for the evaluation of disabilities of members being separated or retired for disability. Requires under the pilot programs that:
(1) the Secretary of Veterans Affairs assign a member a VA-schedule rating of disability, upon which the Secretary concerned shall make a disability determination of the member;
(2) disability determinations are made utilizing joint DOD/VA-assigned disability ratings; and
(3) the Secretary establishes and operates a single Internet website for the DOD disability evaluation system that enables participating members to utilize such system through the website. Outlines related pilot program purposes. Requires the Secretaries to jointly incorporate any findings and recommendations arising under the pilot programs when updating the comprehensive policy on the care and management of recovering servicemembers as required under section 1611. Requires:
(1) each pilot program to be completed within one year after its commencement; and
(2) an initial and final report on the pilot programs from the Secretary to the defense, veterans, and appropriations committees.
(Sec. 1645) Requires reports from the Secretary, in 2008 and 2009, on the implementation of DOD corrective measures with respect to the physical disability evaluation system in response to the report of:
(1) the Inspector General of the Army;
(2) the Independent Review Group on Rehabilitation Care and Administrative Processes at Walter Reed Army Medical Center and National Naval Medical Center; and
(3) the Department of Veterans Affairs Task Force on Returning Global War on Terror Heroes. Requires such reports to be posted on the public DOD Internet website.
(Sec. 1646) Increases from 12 to 19 the maximum number of years of service authorized to be used as a multiplier to determine military disability severance pay. Provides minimum years of service for purposes of such determination. Prohibits any deduction from such pay due to payments received as veterans' disability compensation in the case of pay received by a member for a disability incurred in the line of duty in a combat zone or in combat-related operations as designated by the Secretary.
(Sec. 1647) Requires a report from the Secretary to the defense and appropriations committees containing:
(1) a statistical history, since January 1, 2000, of members who are returned to duty or separated following a stay on the temporary disability retired list; and
(2) the results of specified assessments concerning the efficacy and utility of such list.
(Sec. 1648) Directs the Secretary to establish standards for the accreditation of medical facilities with respect to DOD military medical treatment facilities, specialty medical care facilities, and military quarters or leased housing for patients. Requires that such standards be uniform and consistent across such facilities and across DOD and the military departments. Directs the Secretary to specify a deadline for standards compliance for each facility and report on actions taken to carry out this section. Requires an annual report from the Secretary to the defense committees on the adequacy, suitability, and quality of each of the facilities referred to in this section.
(Sec. 1649) Requires semiannual reports, until March 1, 2009, from the Secretary to the defense and appropriations committees on implementation of the Army Medical Action Plan to correct deficiencies identified in the condition of facilities and patient administration.
(Sec. 1650) Directs the Secretary to submit to the defense and appropriations committees certain certifications concerning the closure of Walter Reed Army Medical Center, as directed under the 2005 round of defense base closures and realignments under the Defense Base Closure and Realignment Act of 1990.
(Sec. 1651) Requires the Secretary to develop, maintain, and update at least annually in handbook and electronic form a description of the compensation and other benefits available to a member (and his or her family members) upon the member's separation or retirement as a result of a serious injury or illness. Directs the Secretary concerned to furnish the handbook to a member (or, if incapacitated, their next of kin) as soon as practicable following such an injury or illness. Subtitle E: Studies and Reports -
(Sec. 1661) Directs the Secretary to enter into an agreement with the National Academy of Sciences (NAS) for a study on the physical and mental health and other readjustment needs of members and former members who deployed in Operations Iraqi Freedom or Enduring Freedom (and their families) as a result of such deployment. Requires the:
(1) NAS to report to the Secretaries and the defense and appropriations committees upon the completion of each of the two phases of such study; and
(2) Secretaries to develop a final DOD-VA response to such findings and recommendations.
(Sec. 1662) Requires:
(1) all military quarters and housing facilities occupied by recovering members to be inspected on a semiannual basis for the first two years after enactment of this Act and annually thereafter by the inspectors general of the regional medical commands; and
(2) each such inspector general to report inspection results to specified officials and the defense and appropriations committees.
(Sec. 1663) Directs the Secretary to study and report to the defense committees on the provision of support services for families of recovering members.
(Sec. 1664) Requires a joint report from the Secretaries to the defense committees on DOD-VA changes to ensure that traumatic brain injury victims receive a medical designation concomitant with such injury, rather than a designation which assigns a generic classification such as "organic psychiatric disorder."
(Sec. 1665) Directs the Secretary to conduct, and report to Congress on, an evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer program operated by each of the military departments and the VA in order to assist in the seamless flow of information and communications between treatment facilities and the transition of members from the DOD health care system to the VA system. Subtitle F: Other Matters -
(Sec. 1671) Prohibits the Secretary or the Secretary concerned from transferring funds or personnel from medical care functions to administrative functions within DOD in order to comply with new administrative requirements imposed, or amendments made, by this title.
(Sec. 1672) Makes a family member of a recovering member eligible for medical care at a military treatment facility if the family member is:
(1) on invitational orders while caring for the member;
(2) a non-medical attendee caring for the member; or
(3) receiving per-diem payments from DOD while caring for the member.
(Sec. 1673) Directs the Secretary to:
(1) establish a protocol for the predeployment assessment and documentation of the cognitive functioning of a member who is deployed outside the United States, in order to facilitate the assessment of the postdeployment cognitive functioning of such member;
(2) conduct up to three pilot projects to evaluate various mechanisms for use in the protocol;
(3) report to the defense, veterans, and appropriations committees on the pilot projects; and
(4) after completion of the pilot projects, establish the appropriate mechanism for use in the protocol.
(Sec. 1674) Requires that the funds available for Walter Reed Army Medical Center for a fiscal year be the same amount as that expended by the commander of the Center in FY2006 until the Secretary submits to the defense and appropriations committees a plan for the provision of health care for military beneficiaries and their dependents in the National Capital Region. Requires the Secretary to certify to such committees, on a quarterly basis, that Walter Reed's patients, equipment, and administrative functions 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, have sufficient staff, equipment, and capacity to provide at least the same level of care provided at Walter Reed during FY2006.
(Sec. 1675) Allows federal employees who sustain a combat-related injury while on active duty in the National Guard or reserves to accept donated leave without depleting their own accrued annual leave. Limits such authority to the period that the employee undergoes medical treatment for the injury, with a five-year limit.
(Sec. 1676) Prohibits any study or competition from being begun or announced relating to the possible conversion to contractor performance of any DOD function carried out at a military medical facility until the Secretary:
(1) certifies to the defense committees that appropriate steps have been taken to ensure that such competition will not have an adverse impact on the quality of medical care or the availability of medical personnel; and
(2) reports to such committees on the public-private competitions being conducted for functions carried out at such facilities by each military department and defense agency. Title XVII: Veterans Matters -
(Sec. 1701) Expresses the sense of Congress concerning VA efforts toward the rehabilitation and community reintegration of veterans with TBI.
(Sec. 1702) Directs the Secretary of Veterans Affairs (Secretary, for purposes of this title only), for each veteran or member who receives inpatient or outpatient rehabilitation care from the VA for a TBI, to:
(1) develop an individualized plan for the rehabilitation of such individual and their reintegration into the community; and
(2) provide the plan to such individual before their discharge from inpatient care, following transition from active duty to the VA for outpatient care, or as soon as practicable following diagnosis. Requires each developed plan to be based upon the physical, cognitive, vocational, and neuropsychological and social impairments of the individual, as well as their family education and support needs after discharge from inpatient care. Directs the Secretary to:
(1) designate a case manager for each individual;
(2) ensure that such case manager has appropriate skills;
(3) involve each individual and their family or guardian in the development of their rehabilitation and reintegration plan;
(4) periodically review the effectiveness of each plan; and
(5) conduct a plan review if requested by the individual. Requires the Secretary to:
(1) develop and carry out a comprehensive program of long-term care for post-acute TBI rehabilitation that includes residential, community, and home-based components utilizing interdisciplinary treatment teams; and
(2) report to the veterans committees on the program's operation.
(Sec. 1703) Authorizes the Secretary, in implementing and carrying out the rehabilitation and reintegration program as required under the previous section, to provide hospital care and medical services through cooperative agreements with entities that have established long-term neurobehavioral rehabilitation and recovery programs.
(Sec. 1704) Directs the Secretary, with respect to VA provision of health care to veterans with TBI, to:
(1) conduct research;
(2) educate and train VA health care personnel in recognizing and treating TBI; and
(3) develop improved models and systems for the VA furnishing of TBI care. Requires the Secretary to:
(1) establish and maintain the Traumatic Brain Injury Veterans Health Registry; and
(2) when possible, notify individuals listed in the Registry of significant developments in research on health consequences of military service in Operations Enduring Freedom and Iraqi Freedom.
(Sec. 1705) Requires the Secretary, in collaboration with the Defense and Veterans Brain Injury Center, to carry out a five-year pilot program to assess the effectiveness of providing assisted living services to veterans with TBI to enhance their rehabilitation, quality of life, and community integration. Requires:
(1) at least one part of the pilot program to be carried out in a region of the Veterans Health Administration that contains a VA polytrauma center;
(2) special consideration to be given to veterans in rural areas; and
(3) the Secretary to report to the veterans committees on the pilot program.
(Sec. 1706) Requires the Secretary to ensure that veterans' nursing home care is provided in an age-appropriate manner.
(Sec. 1707) Authorizes three years of automatic eligibility for hospital care, medical services, and nursing home care in the case of a veteran who served in a combat theater of operations and is discharged or released from active-duty military service more than five years before the enactment of this Act and who did not enroll in the VA patient enrollment system before such date.
(Sec. 1708) Requires the Secretary, within 30 days after a request, to provide a preliminary general mental health assessment to veterans who served on active duty in a theater of combat operations during a period of war after the Persian Gulf War, or in combat against a hostile force after November 11, 1998.
(Sec. 1709) Authorizes outpatient dental services for veterans with a service-connected dental condition or disability as long as the veteran's certificate of discharge or release does not include a certification that such veteran was provided a complete dental examination within 180 (under current law, 90) days before such discharge or release.
(Sec. 1710) Includes recently released members of the National Guard or Reserves under a program of outreach services on the availability of VA readjustment and other benefits and services.
(Sec. 1711) Requires the Secretary concerned to develop a process for the designation of a fiduciary or trustee of a member who is insured under Servicemembers' Group Life Insurance against traumatic injury. Title XVIII: National Guard Bureau Matters and Related Matters - National Guard Empowerment Act of 2007 - Subtitle A: National Guard Bureau -
(Sec. 1811) Revises eligibility requirements for appointment as Chief of the National Guard Bureau (Bureau). Provides a grade of general (currently, lieutenant general) for such position. Repeals the age limit of 64 for officers holding such position. Makes the Chief the principal advisor to the:
(1) Secretary on matters involving non-federalized National Guard forces and on other matters as determined by the Secretary; and
(2) Secretary of the Army and Air Force, as well as the Chief of Staff of the Army and Air Force, on matters relating to the National Guard and the Army and Air National Guard.
(Sec. 1812) Establishes the Bureau as a joint activity of DOD (under current law, a joint bureau of the Departments of the Army and Air Force).
(Sec. 1813) Expands the Bureau's charter to include assisting the Secretary in facilitating and coordinating with other federal agencies, state adjutants general, the United States Northern Command, and the United States Joint Forces Command on the use of National Guard personnel and resources in the conduct of National Guard operations or in support of state missions.
(Sec. 1814) Requires the Secretary to prepare and submit to Congress a plan (and plan update) for the use of the Armed Forces and National Guard for responding to natural disasters, acts of terrorism, and other man-made disasters.
(Sec. 1815) Requires the Secretary to:
(1) determine the military-unique capabilities needed to be provided by DOD to support civil authorities in an incident of national significance or a catastrophic incident; and
(2) develop and implement a plan for providing the funds and resources necessary to provide such support. Requires the plan to cover at least a five-year period. Subtitle B: Additional Reserve Component Enhancement -
(Sec. 1821) Directs the:
(1) JCS Chairman to submit to the Secretary a review of the civilian and military positions, job descriptions, and assignments within the U.S. Northern Command with the goal of significantly increasing the number of reserve personnel assigned to and civilians employed by such Command who have experience in the planning, training, and use of forces for homeland defense missions, domestic emergency response, and providing military support to civil authorities; and
(2) Secretary to submit to Congress a copy of the review results.
(Sec. 1822) Requires the President to establish a bipartisan Council of Governors to advise the Secretary, the Secretary of Homeland Security, and the White House Homeland Security Council on matters related to the National Guard and civil support missions.
(Sec. 1823) Directs the Secretary to:
(1) develop a plan to implement necessary revisions in the designation, organization, membership, functions, procedures, and legislative framework of the Reserve Forces Policy Board; and
(2) report to the defense committees on such plan.
(Sec. 1824) Expresses the sense of Congress calling for consideration of eligible reserve officers for promotion to the grades of lieutenant general or vice admiral on the active duty list. Requires at least one deputy commander of the U.S. Northern Command to be a Guard officer eligible for promotion to the grade of O-9, unless a National Guard officer is already serving as a commander of that command. Increases from 10 to 15 the number of general and flag officer joint duty positions below the grade of lieutenant general or vice admiral that may be held by reserve officers.
(Sec. 1825) Requires reserve officers in the grade of major general or rear admiral and above to be separated at the end of the first month such officer reaches age 64, unless a waiver to age 66 or 68 is authorized by the Secretary or the President, respectively. Authorizes the Secretary to defer to age 66 the retirement of the Chief of the Navy Reserve and the Commander of the Marine Forces Reserve. Requires retirement for reserve generals and admirals on the later of:
(1) the fifth anniversary of the officer's appointment to that grade; or
(2) 30 days after the officer completes 40 years of commissioned service.
(Sec. 1826) Requires two additional reporting requirements in an annual report from the Secretary to Congress regarding National Guard and reserve equipment. Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2008 -
(Sec. 2002) Terminates all authorizations contained in Titles XXI through XXVII, and Title XXIX of this Act on October 1, 2010, or the date of enactment of an Act authorizing funds for military construction for FY2011, whichever is later, with exceptions. Title XXI [sic]: Army -
(Sec. 2101) Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to construct or acquire family housing units, carry out architectural planning and design activities, and improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 2007 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title.
(Sec. 2105) Amends the Military Construction Authorization Act (MCAA) for Fiscal Year 2007 to terminate the authority to carry out specified FY2007 Army construction projects for which no funds were appropriated.
(Sec. 2107) Amends the MCAA for Fiscal Year 2006 to increase the amount authorized for a construction project at Fort Bragg, North Carolina.
(Sec. 2108) Amends the MCAA for Fiscal Year 2005 to extend an authorized construction project at Schofield Barracks, Hawaii.
(Sec. 2109) Authorizes the Secretary of the Army to use specified Florida property for constructing a consolidated headquarters facility for the United States Southern Command. Title XXII: Navy -
(Sec. 2201) Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title.
(Sec. 2205) Amends the MCAA for Fiscal Year 2007 to terminate the authority to carry out specified FY2007 Navy construction projects for which no funds were appropriated.
(Sec. 2206) Amends the MCAA for Fiscal Year 2006 to increase the amount authorized for a construction project at the Strategic Weapons Facility Pacific, Bangor, Washington.
(Sec. 2207) Amends the MCAA for Fiscal Year 2004 to repeal the authorization for construction of the Navy Outlying Field in Washington County, North Carolina. Title XXIII: Air Force -
(Sec. 2301) Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under Title XXI.
(Sec. 2305) Amends the MCAA for Fiscal Year 2007 to terminate the authority to carry out specified FY2007 Air Force construction projects for which no funds were appropriated.
(Sec. 2306) Amends the MCAA for Fiscal Year 2006 to increase the amount authorized for a construction project at:
(1) Edwards Air Force Base, California; and
(2) MacDill Air Force Base, Florida.
(Sec. 2307) Extends certain prior-year military construction projects. Title XXIV: Defense Agencies -
(Sec. 2401) Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out certain energy conservation projects. Authorizes appropriations for fiscal years after 2007 for military construction, land acquisition, and military family housing functions of DOD.
(Sec. 2404) Terminates or revises the authority to carry out certain FY2007 DOD construction projects.
(Sec. 2405) Increases the amount authorized for construction projects at the munitions demilitarization facilities at the Blue Grass Army Depot, Kentucky, and the Pueblo Chemical Activity, Colorado, both of which were authorized under prior military construction authorization Acts. Requires, with respect to each project, a certification of the necessity of such increases from the Secretary to the defense and appropriations committees.
(Sec. 2406) Extends certain FY2005 military construction projects. Title XXV: North Atlantic Treaty Organization Security Investment Program -
(Sec. 2501) Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2007 for such Program. Title XXVI: Guard and Reserve Forces Facilit ies -
(Sec. 2601) Authorizes the Secretary concerned to acquire real property and carry out military construction projects for the National Guard a nd reserves.
(Sec. 2606) Authorizes appropriations for fiscal years after 2007 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
(Sec. 2607) Amends the MCAA for Fiscal Year 2007 to terminate the authority to carry out specified FY2007 National Guard and reserve projects for which no funds were appropriated.
(Sec. 2608) Amends the MCAA for Fiscal Year 2006 to terminat e the authority for an FY2006 Air Force reserve project at Elmendorf Air Force Base, Alaska.
(Sec. 2609) Extends certain prior-year National Guard and reserve military construction projects. Title XXVII: Base Closure and Realignment Activities -
(Sec. 2701) Authorizes:
(1) appropriations for fiscal years after 2007 for military base closure and realignment activities authorized under the Defense Base Closure and Realignment Act of 1990 and funded through the Department of Defense Base Closure Accounts of 1990 and 2005; and
(2) the Secretary to carry out such activities.
(Sec. 2704) Provides the authorized cost and scope of work variations for military construction projects carried out in connection with base closure and realignment activities. Requires a report from the Secretary to the defense and appropriations committees on existing projects subject to such cost and scope of work variations. Sec. 2705) Allows the transfer of funds from the Department of Defense Base Closure Account 2005 to DOD's Family Housing Improvement Fund and Military Unaccompanied Housing Improvement Fund (requiring congressional notification of, and justification for, each transfer).
(Sec. 2706) Requires the Secretary to submit with the DOD budget materials for FY2009 a comprehensive accounting of 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.
(Sec. 2707) Authorizes the Secretary of the Army to use funds authorized under this title to purchase land adjacent to the Baton Rouge airport, Louisiana, for siting an Army Reserve Center and a Navy-Marine Corps Reserve Center in Baton Rouge. Sec. 2708) Authorizes a land exchange between the Administrator of General Services and the Secretary of the Army under which the Administrator transfers to such Secretary certain real property in the Springfield, Virginia, area near Fort Belvoir in exchange for current Army property in the National Capital Region. Requires prior congressional notification of any such transfer. Allows for the purchase of any other parcels in the vicinity of Fort Belvoir to facilitate the relocation of certain military personnel and DOD civilian employees.
(Sec. 2709) Expresses the sense of Congress that:
(1) roads leading into Fort Belvoir, Virginia, and other installations that will be significantly impacted by an increase in military personnel and DOD civilian employees as a result of force realignment should be considered for designation as defense access roads; and
(2) the Secretary should ensure that necessary facilities and infrastructure are ready for use at such locations before units are transferred. Requires a report from the CG to the defense and appropriations committees on each installation that will be significantly affected by the realignment. Title XXVIII: Military Construction General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes -
(Sec. 2801) Amends the MCAA for Fiscal Year 2004 to extend through FY2008 DOD authority to use O&M funds for construction projects outside the United States which are necessary due to a declaration of war, national emergency, or contingency operation. Requires that, when such authority involves a construction project with an estimated cost in excess of the minor military construction threshold, the Secretary shall provide advance notification to specified congressional committees. Prohibits the total cost of such projects from exceeding $200 million in a fiscal year. Authorizes the retroactive use of such authority with respect to certain FY2007 construction projects.
(Sec. 2802) Includes land acquisitions and defense access road projects as military construction projects authorized to be undertaken by the Secretary and the military department Secretaries.
(Sec. 2803) Increases from $1.5 million to $2 million the threshold for unspecified minor military construction projects.
(Sec. 2804) Authorizes the Secretary concerned to use specified O&M or military construction funds to carry out unspecified minor military construction projects for the revitalization and recapitalization of DOD laboratories under their jurisdiction. Requires a report from the Secretary to the defense and appropriations committees on the use of such authority.
(Sec. 2805) Amends the MCAA for Fiscal Year 2005 to extend through FY2010 DOD authority to accept equalization payments for facility exchanges.
(Sec. 2806) Authorizes the Secretary of the Army to lease up to 600 additional rental units in the United States, Puerto Rico, or Guam for family housing purposes. Sets the per-unit annual rental limit at $18,620, with a lease term of up to two years. Increases from $500,000 to $1 million the threshold prior to required congressional notification of leases for DOD military family housing in foreign countries. Directs the Secretary to report to the defense and appropriations committees on any rental of family housing in foreign countries that exceeds $60,000 per unit per year.
(Sec. 2807) Authorizes the Secretary to exchange reserve component property and facilities for facilities of an executive agency or the U.S. Postal Service.
(Sec. 2808) Limits the privatization of temporary lodging facilities to 13 specified Army installations in the United States until 120 days after a report from the Secretary of the Army to the CG and the defense and appropriations committees on the implementation and efficiency of such privatization. Requires a follow-up report from the CG to such committees.
(Sec. 2809) Amends the MCAA for Fiscal Year 2006 to:
(1) extend the Secretary's temporary authority to use higher minor military construction thresholds in the construction of child development centers; and
(2) require reports in 2007 and 2009 from the Secretary to the defense and appropriations committees on such construction program.
(Sec. 2810) Requires a report from the CG to the defense committees on housing privatization transactions carried out by DOD that are behind schedule or in default. Subtitle B: Real Property and Facilities Administration -
(Sec. 2821) Requires the Secretary, the military department Secretaries, or their designees to notify Congress prior to entering into a transaction or contract that results in or includes the acquisition, lease, license, or other use by DOD entities of real property having an estimated annual rental cost of more than $750,000.
(Sec. 2822) Consolidates federal armed forces provisions concerning the authority of the military departments to acquire land in advance of military construction projects.
(Sec. 2823) Authorizes the Secretary concerned to use procedures other than competitive procedures for the lease of non-excess property if such Secretary determines that:
(1) a public interest will be served as a result of the lease; and
(2) the use of competitive procedures is unobtainable or not compatible with such public benefit.
(Sec. 2824) Includes sites outside of a military installation within the authority of the Secretary or the Secretary concerned to enter into cooperative agreements for the preservation, maintenance, and improvement of cultural resources. Includes an Indian sacred site as one of the covered cultural resources.
(Sec. 2825) Allows DOD, under cooperative agreements to limit encroachments and other constraints on military training, testing, and operations by acquiring property, to manage natural resources on the acquired property when there is a demonstrated need to preserve or restore the habitat to further agreement purposes. Limits the portion of acquisition costs to be borne by the United States, but allows such costs to exceed fair market value if the Secretary concerned certifies to the defense committees that the military value of the acquisition justifies the excess payment.
(Sec. 2826) Amends the Reagan Act to expand to all military departments an Army pilot program for the purchase of certain municipal services for military installations. Terminates the pilot program at the end of FY2012.
(Sec. 2827) Requires the Secretary to prohibit the use of Selfridge Air National Guard Base by commercial aircraft.
(Sec. 2828) Expresses the sense of Congress that DOD should:
(1) develop additional policy guidance on further implementation of the Readiness and Environmental Protection Initiative;
(2) cooperate and collaborate with other federal agencies charged with managing federal land; and
(3) ensure that each military department takes full advantage of DOD authorities in addressing encroachment adversely affecting the installations, ranges, and military airspace of that department. Requires a report from the Secretary to the defense and appropriations committees on steps taken to address issues raised in this section.
(Sec. 2829) Directs the Secretaries of the Army and Navy to report to the defense and appropriations committees assessing operational ranges used to support training and range activities of the Army and Navy, respectively. Requires a follow-up report by the Secretary after the first two reports are submitted.
(Sec. 2830) Directs the Secretary to submit to the defense and appropriations committees a plan for the current and future aviation assets expected to be based at Niagara Air Reserve Base, New York.
(Sec. 2831) Requires the:
(1) Secretary of the Army to report to the defense and appropriations committees on training facilities at the Pinon Canyon Maneuver Site, Colorado; and
(2) CG to submit to Congress a review of the report and of the Army's justification for expansion at the Site. Subtitle C: Land Conveyances -
(Sec. 2841) Allows California law to be considered in the process used for determining the final disposition of an access road across the northern portion of Camp Pendleton, California.
(Sec. 2842) Authorizes the Secretary of the Air Force to grant to the Mid Bay Bridge Authority a roadway right-of-way easement over land at Eglin Air Force Base, Florida.
(Sec. 2843) Authorizes the Secretary of the Air Force to convey to Florida State University specified real property at the Lynn Haven Fuel Depot in Lynn Haven, Florida, for the development of a satellite campus.
(Sec. 2844) Amends the MCAA for Fiscal Year 2001 to modify provisions concerning the lease of property at the National Museum of Naval Aviation, Naval Air Station, Pensacola, Florida.
(Sec. 2845) Authorizes the Commandant of the Coast Guard to convey to the Economic Development Corporation of the City of Detroit, Michigan, the current federal property at 2660 Atwater Street in Detroit.
(Sec. 2846) Transfers from the EPA Administrator to the Secretary of the Interior administrative jurisdiction over the former Nike missile site in Grosse Ile, Michigan, for use as a habitat for fish and wildlife and as recreational property for outdoor education and environmental appreciation.
(Sec. 2847) Amends the MCAA for Fiscal Year 1998 to authorize the Secretary of the Army to convey to Harnett County, North Carolina, a tract of real property at Fort Bragg, North Carolina, without consideration (under current law, at fair market value). Directs the Secretary to require such County to pay administrative and other conveyance costs.
(Sec. 2848) Authorizes the Secretary of the Army to convey to the United Tribes Technical College specified real property at the Lewis and Clark United States Army Reserve Center, Bismarck, North Dakota, to support education at such College.
(Sec. 2849) Authorizes the Secretary of the Army to convey to the city of Copperas Cove, Texas, a parcel of Fort Hood, Texas, to be used to improve arterial transportation routes. Subtitle D: Energy Security -
(Sec. 2861) Removes the $7 million ceiling for congressional notification regarding the cancellation of a DOD energy savings performance contract (thereby establishing the $10 million ceiling used by all other federal agencies).
(Sec. 2862) Amends the Energy Policy Act of 1992 to add a definition of "alternative fueled vehicle."
(Sec. 2863) Requires:
(1) each building constructed or significantly altered by the Secretary or a military department Secretary to be equipped to the maximum extent possible with energy-efficient lighting fixtures and bulbs; and
(2) other lighting fixtures and bulbs replaced in the normal course of maintenance to be replaced by energy-efficient fixtures and bulbs. Authorizes the Secretary to waive such requirements if necessary to protect U.S. national security.
(Sec. 2864) Requires a report from the Under Secretary to the defense and appropriations committees on DOD progress made toward the goal of producing or procuring by 2025 at least 25% renewable energy to meet DOD's electricity needs, as well as related projections. Subtitle E: Other Matters -
(Sec. 2871) Amends the MCAA for Fiscal Year 2000 to extend the deadline for the transfer of Arlington Naval Annex property to Arlington National Cemetery.
(Sec. 2872) Authorizes the Secretary of the Army to transfer to the Secretary of the Air Force administrative jurisdiction, custody, and control over the Air Force Memorial.
(Sec. 2873) Requires the Secretaries of the Army and Veterans Affairs to submit to Congress a joint report on plans to replace the monument at the Tomb of the Unknowns at Arlington National Cemetery, Virginia. Prohibits either Secretary from replacing such monument until 180 days after the report is submitted.
(Sec. 2874) Amends the NDAA for Fiscal Year 2002 to increase the amount authorized for repair, restoration, and preservation of the Lafayette Escadrille Memorial in Marnes-Lacoquette, France.
(Sec. 2875) Amends the MCAA for Fiscal Year 2007 to require the Secretary of the Army to assume responsibility for a local protection project in Woonsocket, Rhode Island, in return for the city's conveyance of such property to such Secretary.
(Sec. 2876) Amends the Spence Act to repeal a provision establishing a moratorium on any acquisitions, construction, or improvements of any facility at Fort Buchanan, Puerto Rico.
(Sec. 2877) Authorizes the Secretary to permit the National War Dogs Monument, Inc., to establish a national monument to honor U.S. Armed Forces working dog teams that have participated in U.S. military operations.
(Sec. 2878) Directs the Secretary to report to the defense and appropriations committees 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. Prohibits more than 40 missiles from being removed from the 564th Missile Squadron until 15 days after such report is submitted.
(Sec. 2879) Directs the Secretary to report to the defense and appropriations committees on the conditions of schools under the jurisdiction of the Department of Defense Education Activity. Requires the report to be used as a master plan for the repair, upgrade, and construction of schools that support dependents of members of the Armed Forces and civilian DOD employees.
(Sec. 2880) Directs the Secretary to report to the defense and appropriations committees assessing the facilities and operations of the Darnall Army Medical Center at Fort Hood Military Reservation, Texas.
(Sec. 2881) Requires a report from the Secretary to Congress on the feasibility of establishing at Kelly Air Field in San Antonio, Texas, a permanent, regionally-oriented disaster response center for planning, coordinating, and directing federal, state, and local response to natural and man-made disasters that occur in Region VI of the Federal Emergency Management Agency (FEMA).
(Sec. 2882) Requires the Secretary of the Army to designate one of the military family housing areas or facilities constructed for Fort Carson, Colorado, under the military housing privatization initiative as the "Joel Hefley Village."
(Sec. 2883) Designates the:
(1) Navy and Marine Corps Reserve Center at Rock Island, Illinois, as the "Lane Evans Navy and Marine Corps Reserve Center;"
(2) new laboratory building at the Air Force Rome Research Site in Rome, New York, as the "Sherwood Boehlert Center of Excellence for Information Science and Technology;"
(3) administration building under construction at the Joint Systems Manufacturing Center in Lima, Ohio, as the "Michael G. Oxley Administration and Technology Center;" and
(4) Logistics Automation Training Facility of the Army Quartermaster Center and School at Fort Lee, Virginia, as the "General Richard H. Thompson Logistics Automation Training Facility."
(Sec. 2887) Authorizes the Secretary, if deemed in the best interest of national security and the physical protection of DOD personnel and missions, to carry out an agreement to relocate the Joint Spectrum Center from Annapolis, Maryland, to Fort Meade, Maryland, or another military installation. Terminates the existing lease for the Center upon completion of its relocation. Title XXIX: War-Related and Emergency Military Construction Authorizations -
(Sec. 2901) Authorizes the Secretary of the Army to acquire real property and carry out war-related military construction projects at specified installations and locations in the United States and in Iraq, Afghanistan, and Kuwait. Requires at least 14 days' prior project justification from the Secretary to the defense and appropriations committees with respect to two such projects in Kuwait and Iraq Authorizes appropriations for the Army for fiscal years after 2007 for war-related military construction, land acquisition, and military family housing functions of the Army.
(Sec. 2902) Authorizes the Secretary of the Navy to:
(1) acquire real property and carry out war-related military construction projects at specified installations and locations in the United States and in Djibouti; and
(2) construct or acquire family housing units in the United States. Authorizes appropriations for the Navy for fiscal years after 2007 for war-related military construction, land acquisition, and military family housing functions.
(Sec. 2903) Authorizes the Secretary of the Air Force to acquire real property and carry out war-related military construction projects at specified installations and locations in Iraq, Afghanistan, and Kyrgyzstan. Authorizes appropriations for the Air Force for fiscal years after 2007 for war-related military construction, land acquisition, and military family housing functions.
(Sec. 2904) Authorizes the Secretary to acquire real property and carry out war-related military construction projects at specified installations and locations in the United States and in Qatar. Authorizes appropriations to DOD for war-related military construction, land acquisition, and military family housing functions.
(Sec. 2905) Authorizes appropriations for fiscal years after 2007 for base closure and realignment activities funded through the Department of Defense Base Closure Account 2005 and related authorizations under defense base closure laws. Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI [sic]: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations -
(Sec. 3101) Authorizes appropriations for the Department of Energy (DOE) for FY2008 for:
(1) activities of the National Nuclear Security Administration (NNSA) in carrying out programs necessary for national security, with specified allocations for weapons activities, defense nuclear nonproliferation activities, naval reactors, and the Office of the Administrator for Nuclear Security; and
(2) environmental restoration and waste management activities in carrying out national security programs, with specified allocations for defense environmental cleanup, other defense activities, defense nuclear waste disposal, and energy security and assurance. Subtitle B: Program Authorizations, Restrictions, and Limitations -
(Sec. 3111) Prohibits DOE funds from being obligated or expended for the Reliable Replacement Warhead program beyond phase 2A activities.
(Sec. 3112) Amends the:
(1) NDAA for Fiscal Year 2004 to repeal certain requirements with respect to the nuclear test readiness posture; and
(2) Atomic Energy Defense Act to require the Secretary to report to the defense and appropriations committees on U.S. nuclear test readiness. (Under current law, the Secretary is required to report to Congress on costs and programmatic and other issues associated with the conduct of nuclear tests within specified time frames.)
(Sec. 3113) Amends the NDAA for Fiscal Year 2006 to require the submission in classified form of report requirements concerning the reliable replacement warhead program.
(Sec. 3114) Prohibits the obligation or expenditure of more than 75% of FY2008 fissile materials disposition program funds until the Secretary submits to the defense and appropriations committees a plan for the expenditure of funds made available for that program:
(1) before FY2008 that remain available as of January 1, 2005; and
(2) for FY2008.
(Sec. 3115) Amends the Warner Act relating to the availability of funds for the Waste Treatment and Immobilization plant to:
(1) remove the requirement that the Defense Contract Management Agency review and recommend for implementation the earned value management system to be used by the construction contractor at the plant; and
(2) instead require an independent entity to conduct such review.
(Sec. 3116) Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to extend until October 28, 2012, the Office of the Ombudsman under the energy employees occupational illness compensation program. Subtitle C: Other Matters -
(Sec. 3121) Directs the Administrator to report to the defense and appropriations committees on:
(1) an analysis of the feasibility of using existing pits in the Reliable Replacement Warhead program;
(2) the retirement and dismantlement of nuclear warheads that will not be part of the enduring stockpile as of December 31, 2012, but have not yet been retired or dismantled; and
(3) a plan for addressing physical and cyber security risks posed to the nuclear weapons complex.
(Sec. 3124) Requires a report from:
(1) the CG to the defense committees on the management of DOE protective forces; and
(2) a follow-up report from the Secretary to such committees.
(Sec. 3125) Directs the Secretary to:
(1) enter into an agreement with an independent entity to evaluate the NNSA's strategic plan for advanced computing; and
(2) report evaluation results to the defense and appropriations committees.
(Sec. 3126) Expresses the sense of Congress that, among other things:
(1) the United States should maintain its commitment to the Nuclear Non-Proliferation Treaty (Treaty) and initiate talks with Russia to reduce its number of strategic and non-strategic nuclear weapons;
(2) the United States and other Treaty parties should work to reduce the total number of nuclear weapons in their respective stockpiles;
(3) the United States, Russia, and other states should work to negotiate and ratify a treaty for the cessation of production of fissile material;
(4) the United States should commit to dismantle as soon as possible all retired warheads; and
(5) the United States and other Treaty parties should work to decrease the reliance on, and importance of, nuclear weapons.
(Sec. 3127) Directs the Secretary of Energy to submit to Congress a plan to strengthen and expand the DOE:
(1) international radiological threat reduction program within the Global Threat Reduction Initiative; and
(2) materials protection, control, and accounting program.
(Sec. 3129) Authorizes the Secretary to enter into international agreements on:
(1) determining the source of any components of, or fissile material used in, a nuclear device or weapon; and
(2) information on the physical characteristics of radioactive materials produced, used, or stored at various locations. Requires reports from the Secretary to Congress on:
(1) such agreements; and
(2) standards and capabilities for determining any country or group that provides to another country or group a nuclear device or weapon (or component thereof) or fissile materials that could be used in such a device or weapon.
(Sec. 3130) Directs the:
(1) Secretary to report to the defense and appropriations committees and the CG on the status of environmental initiatives undertaken to accelerate the reduction of environmental risks and challenges posed by the legacy of the Cold War; and
(2) CG to review the report and report results to such committees. Subtitle D: Nuclear Terrorism Prevention -
(Sec. 3132) Expresses 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 to prevent nuclear terrorism;
(3) the United States should take a comprehensive approach to reducing the danger of nuclear terrorism, with a high priority on ensuring that all nuclear weapons worldwide are secure and accounted for and that all strategic special nuclear materials are eliminated, removed, or secure and accounted for; and
(4) the International Atomic Energy Agency (IAEA) should be funded to fulfill its role in coordinating international efforts to protect nuclear material and combat nuclear smuggling.
(Sec. 3133) States as the policy of the United States that all possible steps are taken to ensure that all nuclear weapons are secure and accounted for, and that all strategic special nuclear materials are eliminated, removed, or secure and accounted for to a level sufficient to defeat the threats posed by terrorists and criminals. Expresses the sense of Congress that the President:
(1) should seek the broadest possible international agreement on a global standard for nuclear security; and
(2) work with other countries and the IAEA to seek an agreement that achieves such policy objectives.
(Sec. 3134) Requires an annual report from the President to Congress on the security of nuclear weapons and related equipment and quantities of strategic special nuclear materials outside the United States. Title XXXII: War-Related National Nuclear Security Administration Authorizations -
(Sec. 3201) Authorizes appropriations for the NNSA for war-related defense nuclear proliferation, to be allocated between the International Nuclear Materials Protection and Cooperation program and the Global Threat Reduction Initiative. Title XXXIII: Defense Nuclear Facilities Safety Board -
(Sec. 3301) Authorizes appropriations for FY2008 for the Defense Nuclear Facilities Safety Board. Title XXXIV: Naval Petroleum Reserves -
(Sec. 3401) Authorizes appropriations to the Secretary of Energy for FY2008 to carry out activities relating to the naval petroleum reserves.
(Sec. 3402) Amends the Thurmond Act to require the Secretary of Energy to complete, by no later than October 1, 2019, remediation at the Moab uranium milling site, Utah, and removal of the tailings to the Crescent Junction site (also in Utah). Requires such Secretary, if unable to complete the remediation by such deadline, to submit to Congress a plan for project completion and estimated funding. Title XXXV: Maritime Administration - Subtitle A: Maritime Administration Reauthorization -
(Sec. 3501) Authorizes appropriations to the Secretary of Transportation (Secretary, for purposes of this title) for FY2008 for the Maritime Administration for specified activities, including:
(1) operation and training;
(2) maintaining a U.S.-flag merchant fleet; and
(3) the disposal of obsolete vessels in the National Defense Reserve Fleet.
(Sec. 3502) Directs the Secretary to transfer to the Secretary of the Navy during FY2008, for disposal by the Navy, no less than three combatant vessels in the nonretention fleet of the Maritime Administration.
(Sec. 3503) Requires the Secretary to compose a working group to:
(1) review and make recommendations on best practices for the storage or disposal of obsolete vessels owned or operated by the federal government; and
(2) submit to the defense and transportation committees a plan to improve and harmonize vessel storage and disposal practices. Subtitle B: Programs -
(Sec. 3511) Authorizes the Secretary to enter into agreements to purchase, charter, operate, or otherwise acquire the use of any vessels and any other related real or personal property.
(Sec. 3512) Subjects to prior consent by the Secretary of Defense the use or transfer by the Secretary of any vessel in the Ready Reserve Force or National Defense Reserve Fleet which is maintained in a retention status for DOD.
(Sec. 3513) Amends the Merchant Ship Sales Act of 1946 to allow the Secretary to charter to any U.S. state, locality, or territory any vessel of the Ready Reserve Force or National Defense Reserve Fleet described above.
(Sec. 3514) Amends the National Maritime Heritage Act of 1994 to modify requirements regarding the disposal of certain National Defense Reserve Fleet vessels that are not in the Ready Reserve Fleet.
(Sec. 3515) Authorizes the Secretary to charter or otherwise make available a vessel under such Secretary's jurisdiction to any other federal department.
(Sec. 3516) Amends the Merchant Ship Sales Act of 1946 to require the Secretary, in order to ensure Ready Reserve Fleet vessel readiness, to active and conduct sea trials on such vessel at least once every 30 (under current law, 24) months.
(Sec. 3517) Directs the Administrator of the Maritime Administration to develop and report to the transportation and defense committees a comprehensive plan for the review of traditional and non-traditional vessel or fishery facility purchase, construction, reconstruction, or reconditioning loan applications. Subtitle C: Technical Corrections -
(Sec. 3521) Makes various technical corrections.


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Sponsor

• Rep. Ike Skelton [D, MO-4]
• and 1 Co-Sponsors
  • Duncan Hunter
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Committees

• House Armed Services

Amendments

This bill has no amendments.

Amendments to H.R.4986

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Introduced		Voted on by House		Voted on by Senate		Considered By President		This Bill Has Become Law
January 16, 2008		January 16, 2008		January 22, 2008		January 28, 2008		January 28, 2008

Latest Vote

January 22, 2008Roll call number 1 in the Senate
Question: On Passage of the Bill (H.R.4986 )
Required percentage of 'Aye' votes: 1/2 (50%)	Percentage of 'aye' votes: 91%	Result: Bill Passed

Democrats Voting 'Aye'

Close

Sen. Daniel Akaka [D, HI]
Sen. Max Baucus [D, MT]
Sen. Evan Bayh [D, IN]
Sen. Joseph Biden [D, DE]
Sen. Jeff Bingaman [D, NM]
Sen. Barbara Boxer [D, CA]
Sen. Sherrod Brown [D, OH]
Sen. Maria Cantwell [D, WA]
Sen. Benjamin Cardin [D, MD]
Sen. Thomas Carper [D, DE]
Sen. Robert Casey [D, PA]
Sen. Kent Conrad [D, ND]
Sen. Christopher Dodd [D, CT]
Sen. Byron Dorgan [D, ND]
Sen. Richard Durbin [D, IL]
Sen. Dianne Feinstein [D, CA]
Sen. Thomas Harkin [D, IA]
Sen. Daniel Inouye [D, HI]
Sen. Tim Johnson [D, SD]
Sen. Edward Kennedy [D, MA]
Sen. John Kerry [D, MA]
Sen. Amy Klobuchar [D, MN]
Sen. Herbert Kohl [D, WI]
Sen. Mary Landrieu [D, LA]
Sen. Frank Lautenberg [D, NJ]
Sen. Patrick Leahy [D, VT]
Sen. Carl Levin [D, MI]
Sen. Blanche Lincoln [D, AR]
Sen. Claire McCaskill [D, MO]
Sen. Barbara Mikulski [D, MD]
Sen. Patty Murray [D, WA]
Sen. Bill Nelson [D, FL]
Sen. Ben Nelson [D, NE]
Sen. Mark Pryor [D, AR]
Sen. John Reed [D, RI]
Sen. Harry Reid [D, NV]
Sen. John Rockefeller [D, WV]
Sen. Ken Salazar [D, CO]
Sen. Charles Schumer [D, NY]
Sen. Arlen Specter [D, PA]
Sen. Debbie Ann Stabenow [D, MI]
Sen. Jon Tester [D, MT]
Sen. Jim Webb [D, VA]
Sen. Sheldon Whitehouse [D, RI]
Sen. Ron Wyden [D, OR]

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Republicans Voting 'Aye'

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Sen. Lamar Alexander [R, TN]
Wayne Allard
Sen. John Barrasso [R, WY]
Sen. Robert Bennett [R, UT]
Sen. Christopher Bond [R, MO]
Sen. Samuel Brownback [R, KS]
Sen. Jim Bunning [R, KY]
Sen. Richard Burr [R, NC]
Sen. Saxby Chambliss [R, GA]
Sen. Thomas Coburn [R, OK]
Sen. Thad Cochran [R, MS]
Norm Coleman
Sen. Susan Collins [R, ME]
Sen. Bob Corker [R, TN]
Sen. John Cornyn [R, TX]
Larry Craig
Sen. Michael Crapo [R, ID]
Sen. Jim DeMint [R, SC]
Elizabeth Dole
Pete Domenici
Sen. John Ensign [R, NV]
Sen. Michael Enzi [R, WY]
Sen. Lindsey Graham [R, SC]
Sen. Charles Grassley [R, IA]
Sen. Judd Gregg [R, NH]
Charles Hagel
Sen. Orrin Hatch [R, UT]
Sen. Kay Hutchison [R, TX]
Sen. James Inhofe [R, OK]
Sen. John Isakson [R, GA]
Sen. Jon Kyl [R, AZ]
Sen. Richard Lugar [R, IN]
Sen. Mel Martinez [R, FL]
Sen. Mitch McConnell [R, KY]
Sen. Lisa Murkowski [R, AK]
Sen. Pat Roberts [R, KS]
Sen. Jefferson Sessions [R, AL]
Sen. Richard Shelby [R, AL]
Gordon Smith
Sen. Olympia Snowe [R, ME]
Ted Stevens
John Sununu
Sen. David Vitter [R, LA]
Sen. George Voinovich [R, OH]
Sen. Roger Wicker [R, MS]

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Others Voting 'Aye'

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Sen. Joseph Lieberman [I, CT]

Close

Democrats Voting 'Nay'

Close

Sen. Robert Byrd [D, WV]
Sen. Russell Feingold [D, WI]

Close

Republicans Voting 'Nay'

Close

Close

Others Voting 'Nay'

Close

Sen. Bernard Sanders [I, VT]

Close

Democrats Voting 'Abstain'

Close

Sen. Hillary Clinton [D, NY]
Sen. Robert Menéndez [D, NJ]
Barack Obama

Close

Republicans Voting 'Abstain'

Close

Sen. John McCain [R, AZ]
Sen. John Thune [R, SD]
John Warner

Close

Others Voting 'Abstain'

Close

Close

---

See Full Voting History (2 votes)Hide Voting History     Show All Actions (13 actions)Hide Actions

Voting History

Date	Chamber	Question	Aye	Nay	Result
January 22, 2008	Senate	H.R.4986 National Defense Authorization Act for Fiscal Year 2008 On Passage of the Bill (H.R.4986 )	91	3	Bill Passed	See Vote
January 16, 2008	House	H.R.4986 National Defense Authorization Act for Fiscal Year 2008 On Motion to Suspend the Rules and Pass: H R 4986 National Defense Authorization Act for Fiscal Year 2008	369	46	Passed	See Vote

All Bill Actions

• Enacted on Jan 28, 2008. Became Public Law No: 110-181.
• Signed on Jan 28, 2008.
• Jan 24, 2008. Presented to President.
• Jan 22, 2008: Message on Senate action sent to the House.
• Jan 22, 2008. Cleared for White House.
• Jan 22, 2008: Received in the Senate, read twice, considered, read the third time, and passed without amendment by Yea-Nay Vote. 91 - 3. Record Vote Number: 1.
• Passed roll in the Senate on Jan 22, 2008. Received in the Senate, read twice, considered, read the third time, and passed without amendment by Yea-Nay Vote. 91 - 3. Record Vote Number: 1.
• Passed roll in the House on Jan 16, 2008. On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 369 - 46 (Roll no. 11).
• Jan 16, 2008: Considered under suspension of the rules.
• Jan 16, 2008: DEBATE - The House proceeded with forty minutes of debate on H.R. 4986.
• Jan 16, 2008: Mr. Skelton moved to suspend the rules and pass the bill.
• Introduced on Jan 16, 2008.
• Jan 16, 2008: Referred to the House Committee on Armed Services.

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Related Bills:

• S.986
• H.R.1585

Related Issue Areas:

• Defense policy
• Actions and defenses
• Administrative procedure
• Administrative remedies
• 273 more
• Admission of nonimmigrants
• Afghanistan
• Air force
• Air piracy
• Airports
• Alaska
• Alien labor
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• Authorization
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• Blind
• Budgets
• Business
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• Buy American
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• Cost accounting
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• Mentoring
• Metals
• Middle East and North Africa
• Military agreements
• Military aircraft
• Military and naval supplies
• Military base closures
• Military cemeteries and funerals
• Military civic action
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• Military education
• Military helicopters
• Military housing
• Military medals, decorations, etc.
• Military medicine
• Military occupation
• Military operations
• Military pay
• Military pensions
• Military personnel
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• Military research
• Military training
• Military transportation
• Military vehicles
• Minorities
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• Missile warheads
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• Nurse practitioners
• Nursing education
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• Olympic games
• Ordnance
• Paralysis
• Parties to actions
• Pensions
• Petroleum reserves
• Physicians
• Politics and government
• Post exchanges
• Prescription pricing
• Privatization
• Psychiatrists
• Psychologists
• Public contracts
• Public-private partnerships
• Recruiting and enlistment
• Refugees
• Relocation
• Reprogramming of appropriated funds
• Rescue work
• Research and development
• Research and development facilities
• Research centers
• Residence requirements
• Retired military personnel
• Sabotage
• Salaries
• Sanctions (International law)
• Scholarships
• Science policy
• Searches and seizures
• Sheltered workshops
• Shipbuilding
• Shipyards
• Small business
• Soldiers' homes
• Solid wastes
• Sound recording and reproducing
• South Asia
• State-sponsored terrorism
• Strategic materials
• Student loan funds
• Subcontractors
• Submarines
• Subsidies
• Surface-to-air missiles
• Survivors' benefits
• Syria
• Tanks (Combat vehicles)
• Teachers
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• Technology assessment
• Technology transfer
• Telecommunication
• Terrorism
• Torture
• Toys
• Trade
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• Transport aircraft
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• Travel costs
• Veterans
• Veterans' benefits
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• Vietnam veterans
• Vietnamese Conflict
• Virginia
• Visas
• Warships
• Washington State
• Weapons systems
• World War II
• Hazardous wastes

Data from the Congressional Research Service

Users tracking H.R.4986 (15) are also tracking:

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In the News

May 02, 2008 A Brief Expose’ of a Fraudulent War

See Karen de Young, “Spy agencies Say Iraq War Hurting US Terror Fight,” Washington Post, September 24, 2006. HR 4986: National Defense Authorization Act ...

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Source: Atlantic Free Press, Netherlands

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April 30, 2008 Congress Reverses Posse Comitatus Act Changes

The National Defense Authorization Act for Fiscal Year 2008 (HR 4986), which Congress passed on January 22 and President Bush signed into law on January 28, ...

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Source: The New American

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April 18, 2008 United States: FMLA Protections Expanded To Provide New Leave For ...

The provisions were included in the National Defense Authorization Act for Fiscal Year 2008 (HR 4986) (NDAA). This is the first amendment to the FMLA since ...

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Blog Coverage

January 05, 2009 Preparedness and Response: Domestic Military Deployment (Federal)

Those aspects of the Act were repealed in their entirety by the National Defense Authorization Act for Fiscal Year 2008 (H.R. 4986 2007). The military clearly has valuable training and expertise in dealing with many of the scenarios ...

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Source: Preparedness and Response

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January 04, 2009 Training the Military to Manage Contractors During Expeditionary ...

The National Defense Authorization Act of FY2008 (H.R. 4986/P.L. 110-181) required DOD, and especially the Army, to train military personnel who are outside the acquisition workforce but are expected to have acquisition responsibility ...

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Source: Open CRS: Recent Reports

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January 04, 2009 Veterans for Peace Opposes Military Permantly Stationed on US ...

President Bush signed into law H.R. 4986, the National Defense Authorization Act for Fiscal Year 2008. As you know he also stated that, “Provisions of the Act, including sections 841, 846, 1079, and 1222, purport to impose requirements ...

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