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Donate NowH.R.4986 - 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.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Considered and Passed House | 281,371 | n/a | n/a |
| Engrossed in House | 282,775 | 6 | 0% |
| Received in Senate | 281,284 | 5 | 0% |
| Enrolled Bill | 272,813 | 9 Show Changes Hide Changes | 0% |
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HR 4986 RDS
Begun and held at the City of Washington on Thursday,CommentsClose CommentsPermalink
the third day of January, two thousand and eightCommentsClose CommentsPermalink
An ActCommentsClose CommentsPermalink
To provide for the enactment of the National Defense Authorization Act for Fiscal Year 2008, as previously enrolled, with certain modifications to address the foreign sovereign immunities provisions of title 28, United States Code, with respect to the attachment of property in certain judgments against Iraq, the lapse of statutory authorities for the payment of bonuses, special pays, and similar benefits for members of the uniformed services, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TREATMENT OF EXPLANATORY STATEMENT.
(a) Short Title- This Act may be cited as the `National Defense Authorization Act for Fiscal Year 2008'.CommentsClose CommentsPermalink
(b) Explanatory Statement- The Joint Explanatory Statement submitted by the Committee of Conference for the conference report to accompany H.R. 1585 of the 110th Congress (Report 110-477) shall be deemed to be part of the legislative history of this Act and shall have the same effect with respect to the implementation of this Act as it would have had with respect to the implementation of H.R. 1585, if such bill had been enacted.CommentsClose CommentsPermalink
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions- This Act is organized into three divisions as follows:CommentsClose CommentsPermalink
(1) Division A--Department of Defense Authorizations.CommentsClose CommentsPermalink
(2) Division B--Military Construction Authorizations.CommentsClose CommentsPermalink
(3) Division C--Department of Energy National Security Authorizations and Other Authorizations.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; treatment of explanatory statement.CommentsClose CommentsPermalink
Sec. 2. Organization of Act into divisions; table of contents.CommentsClose CommentsPermalink
Sec. 3. Congressional defense committees.CommentsClose CommentsPermalink
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.CommentsClose CommentsPermalink
Sec. 102. Navy and Marine Corps.CommentsClose CommentsPermalink
Sec. 103. Air Force.CommentsClose CommentsPermalink
Sec. 104. Defense-wide activities.CommentsClose CommentsPermalink
Sec. 105. National Guard and Reserve equipment.CommentsClose CommentsPermalink
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for M1A2 Abrams System Enhancement Package upgrades.CommentsClose CommentsPermalink
Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley fighting vehicle upgrades.CommentsClose CommentsPermalink
Sec. 113. Multiyear procurement authority for conversion of CH-47D helicopters to CH-47F configuration.CommentsClose CommentsPermalink
Sec. 114. Multiyear procurement authority for CH-47F helicopters.CommentsClose CommentsPermalink
Sec. 115. Limitation on use of funds for Increment 1 of the Warfighter Information Network-Tactical program pending certification to Congress.CommentsClose CommentsPermalink
Sec. 116. Prohibition on closure of Army Tactical Missile System production line pending report.CommentsClose CommentsPermalink
Sec. 117. Stryker Mobile Gun System.CommentsClose CommentsPermalink
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for Virginia-class submarine program.CommentsClose CommentsPermalink
Sec. 122. Report on shipbuilding investment strategy.CommentsClose CommentsPermalink
Sec. 123. Sense of Congress on the preservation of a skilled United States shipyard workforce.CommentsClose CommentsPermalink
Sec. 124. Assessments required prior to start of construction on first ship of a shipbuilding program.CommentsClose CommentsPermalink
Sec. 125. Littoral Combat Ship (LCS) program.CommentsClose CommentsPermalink
Subtitle D--Air Force Programs
Sec. 131. Limitation on Joint Cargo Aircraft.CommentsClose CommentsPermalink
Sec. 132. Clarification of limitation on retirement of U-2 aircraft.CommentsClose CommentsPermalink
Sec. 133. Repeal of requirement to maintain retired C-130E tactical aircraft.CommentsClose CommentsPermalink
Sec. 134. Limitation on retirement of C-130E/H tactical airlift aircraft.CommentsClose CommentsPermalink
Sec. 135. Limitation on retirement of KC-135E aerial refueling aircraft.CommentsClose CommentsPermalink
Sec. 136. Transfer to Government of Iraq of three C-130E tactical airlift aircraft.CommentsClose CommentsPermalink
Sec. 137. Modification of limitations on retirement of B-52 bomber aircraft.CommentsClose CommentsPermalink
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 202. Amount for defense science and technology.CommentsClose CommentsPermalink
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Operational test and evaluation of Future Combat Systems network.CommentsClose CommentsPermalink
Sec. 212. Limitation on use of funds for systems development and demonstration of Joint Light Tactical Vehicle program.CommentsClose CommentsPermalink
Sec. 213. Requirement to obligate and expend funds for development and procurement of a competitive propulsion system for the Joint Strike Fighter.CommentsClose CommentsPermalink
Sec. 214. Limitation on use of funds for defense-wide manufacturing science and technology program.CommentsClose CommentsPermalink
Sec. 215. Advanced Sensor Applications Program.CommentsClose CommentsPermalink
Sec. 216. Active protection systems.CommentsClose CommentsPermalink
Subtitle C--Ballistic Missile Defense
Sec. 221. Participation of Director, Operational Test and Evaluation, in missile defense test and evaluation activities.CommentsClose CommentsPermalink
Sec. 222. Study on future roles and missions of the Missile Defense Agency.CommentsClose CommentsPermalink
Sec. 223. Budget and acquisition requirements for Missile Defense Agency activities.CommentsClose CommentsPermalink
Sec. 224. Limitation on use of funds for replacing warhead on SM-3 Block IIA missile.CommentsClose CommentsPermalink
Sec. 225. Extension of Comptroller General assessments of ballistic missile defense programs.CommentsClose CommentsPermalink
Sec. 226. Limitation on availability of funds for procurement, construction, and deployment of missile defenses in Europe.CommentsClose CommentsPermalink
Sec. 227. Sense of Congress on missile defense cooperation with Israel.CommentsClose CommentsPermalink
Sec. 228. Limitation on availability of funds for deployment of missile defense interceptors in Alaska.CommentsClose CommentsPermalink
Sec. 229. Policy of the United States on protection of the United States and its allies against Iranian ballistic missiles.CommentsClose CommentsPermalink
Subtitle D--Other Matters
Sec. 231. Coordination of human systems integration activities related to acquisition programs.CommentsClose CommentsPermalink
Sec. 232. Expansion of authority for provision of laboratory facilities, services, and equipment.CommentsClose CommentsPermalink
Sec. 233. Modification of cost-sharing requirement for Technology Transition Initiative.CommentsClose CommentsPermalink
Sec. 234. Report on implementation of Manufacturing Technology Program.CommentsClose CommentsPermalink
Sec. 235. Assessment of sufficiency of test and evaluation personnel.CommentsClose CommentsPermalink
Sec. 236. Repeal of requirement for separate reports on technology area review and assessment summaries.CommentsClose CommentsPermalink
Sec. 237. Modification of notice and wait requirement for obligation of funds for foreign comparative test program.CommentsClose CommentsPermalink
Sec. 238. Strategic Plan for the Manufacturing Technology Program.CommentsClose CommentsPermalink
Sec. 239. Modification of authorities on coordination of Defense Experimental Program to Stimulate Competitive Research with similar Federal programs.CommentsClose CommentsPermalink
Sec. 240. Enhancement of defense nanotechnology research and development program.CommentsClose CommentsPermalink
Sec. 241. Federally funded research and development center assessment of the Defense Experimental Program to Stimulate Competitive Research.CommentsClose CommentsPermalink
Sec. 242. Cost-benefit analysis of proposed funding reduction for High Energy Laser Systems Test Facility.CommentsClose CommentsPermalink
Sec. 243. Prompt global strike.CommentsClose CommentsPermalink
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.CommentsClose CommentsPermalink
Subtitle B--Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in connection with Moses Lake Wellfield Superfund Site, Moses Lake, Washington.CommentsClose CommentsPermalink
Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in connection with the Arctic Surplus Superfund Site, Fairbanks, Alaska.CommentsClose CommentsPermalink
Sec. 313. Payment to Environmental Protection Agency of stipulated penalties in connection with Jackson Park Housing Complex, Washington.CommentsClose CommentsPermalink
Sec. 314. Report on control of the brown tree snake.CommentsClose CommentsPermalink
Sec. 315. Notification of certain residents and civilian employees at Camp Lejeune, North Carolina, of exposure to drinking water contamination.CommentsClose CommentsPermalink
Subtitle C--Workplace and Depot Issues
Sec. 321. Availability of funds in Defense Information Systems Agency Working Capital Fund for technology upgrades to Defense Information Systems Network.CommentsClose CommentsPermalink
Sec. 322. Modification to public-private competition requirements before conversion to contractor performance.CommentsClose CommentsPermalink
Sec. 323. Public-private competition at end of period specified in performance agreement not required.CommentsClose CommentsPermalink
Sec. 324. Guidelines on insourcing new and contracted out functions.CommentsClose CommentsPermalink
Sec. 325. Restriction on Office of Management and Budget influence over Department of Defense public-private competitions.CommentsClose CommentsPermalink
Sec. 326. Bid protests by Federal employees in actions under Office of Management and Budget Circular A-76.CommentsClose CommentsPermalink
Sec. 327. Public-private competition required before conversion to contractor performance.CommentsClose CommentsPermalink
Sec. 328. Extension of authority for Army industrial facilities to engage in cooperative activities with non-Army entities.CommentsClose CommentsPermalink
Sec. 329. Reauthorization and modification of multi-trades demonstration project.CommentsClose CommentsPermalink
Sec. 330. Pilot program for availability of working-capital funds to Army for certain product improvements.CommentsClose CommentsPermalink
Subtitle D--Extension of Program Authorities
Sec. 341. Extension of Arsenal Support Program Initiative.CommentsClose CommentsPermalink
Sec. 342. Extension of period for reimbursement for helmet pads purchased by members of the Armed Forces deployed in contingency operations.CommentsClose CommentsPermalink
Sec. 343. Extension of temporary authority for contract performance of security guard functions.CommentsClose CommentsPermalink
Subtitle E--Reports
Sec. 351. Reports on National Guard readiness for emergencies and major disasters.CommentsClose CommentsPermalink
Sec. 352. Annual report on prepositioned materiel and equipment.CommentsClose CommentsPermalink
Sec. 353. Report on incremental cost of early 2007 enhanced deployment.CommentsClose CommentsPermalink
Sec. 354. Modification of requirements of Comptroller General report on the readiness of Army and Marine Corps ground forces.CommentsClose CommentsPermalink
Sec. 355. Plan to improve readiness of ground forces of active and reserve components.CommentsClose CommentsPermalink
Sec. 356. Independent assessment of Civil Reserve Air Fleet viability.CommentsClose CommentsPermalink
Sec. 357. Department of Defense Inspector General report on physical security of Department of Defense installations.CommentsClose CommentsPermalink
Sec. 358. Review of high-altitude aviation training.CommentsClose CommentsPermalink
Sec. 359. Reports on safety measures and encroachment issues and master plan for Warren Grove Gunnery Range, New Jersey.CommentsClose CommentsPermalink
Sec. 360. Report on search and rescue capabilities of the Air Force in the northwestern United States.CommentsClose CommentsPermalink
Sec. 361. Report and master infrastructure recapitalization plan for Cheyenne Mountain Air Station, Colorado.CommentsClose CommentsPermalink
Subtitle F--Other Matters
Sec. 371. Enhancement of corrosion control and prevention functions within Department of Defense.CommentsClose CommentsPermalink
Sec. 372. Authority for Department of Defense to provide support for certain sporting events.CommentsClose CommentsPermalink
Sec. 373. Authority to impose reasonable restrictions on payment of full replacement value for lost or damaged personal property transported at Government expense.CommentsClose CommentsPermalink
Sec. 374. Priority transportation on Department of Defense aircraft of retired members residing in Commonwealths and possessions of the United States for certain health care services.CommentsClose CommentsPermalink
Sec. 375. Recovery of missing military property.CommentsClose CommentsPermalink
Sec. 376. Retention of combat uniforms by members of the Armed Forces deployed in support of contingency operations.CommentsClose CommentsPermalink
Sec. 377. Issue of serviceable material of the Navy other than to Armed Forces.CommentsClose CommentsPermalink
Sec. 378. Reauthorization of Aviation Insurance Program.CommentsClose CommentsPermalink
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.CommentsClose CommentsPermalink
Sec. 402. Revision in permanent active duty end strength minimum levels.CommentsClose CommentsPermalink
Sec. 403. Additional authority for increases of Army and Marine Corps active duty end strengths for fiscal years 2009 and 2010.CommentsClose CommentsPermalink
Sec. 404. Increase in authorized strengths for Army officers on active duty in the grade of major.CommentsClose CommentsPermalink
Sec. 405. Increase in authorized strengths for Navy officers on active duty in the grades of lieutenant commander, commander, and captain.CommentsClose CommentsPermalink
Sec. 406. Increase in authorized daily average of number of members in pay grade E-9.CommentsClose CommentsPermalink
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.CommentsClose CommentsPermalink
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.CommentsClose CommentsPermalink
Sec. 413. End strengths for military technicians (dual status).CommentsClose CommentsPermalink
Sec. 414. Fiscal year 2008 limitation on number of non-dual status technicians.CommentsClose CommentsPermalink
Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.CommentsClose CommentsPermalink
Sec. 416. Future authorizations and accounting for certain reserve component personnel authorized to be on active duty or full-time National Guard duty to provide operational support.CommentsClose CommentsPermalink
Sec. 417. Revision of variances authorized for Selected Reserve end strengths.CommentsClose CommentsPermalink
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.CommentsClose CommentsPermalink
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Assignment of officers to designated positions of importance and responsibility.CommentsClose CommentsPermalink
Sec. 502. Enhanced authority for Reserve general and flag officers to serve on active duty.CommentsClose CommentsPermalink
Sec. 503. Increase in years of commissioned service threshold for discharge of probationary officers and for use of force shaping authority.CommentsClose CommentsPermalink
Sec. 504. Mandatory retirement age for active-duty general and flag officers continued on active duty.CommentsClose CommentsPermalink
Sec. 505. Authority for reduced mandatory service obligation for initial appointments of officers in critically short health professional specialties.CommentsClose CommentsPermalink
Sec. 506. Expansion of authority for reenlistment of officers in their former enlisted grade.CommentsClose CommentsPermalink
Sec. 507. Increase in authorized number of permanent professors at the United States Military Academy.CommentsClose CommentsPermalink
Sec. 508. Promotion of career military professors of the Navy.CommentsClose CommentsPermalink
Subtitle B--Reserve Component Management
Sec. 511. Retention of military technicians who lose dual status in the Selected Reserve due to combat-related disability.CommentsClose CommentsPermalink
Sec. 512. Constructive service credit upon original appointment of Reserve officers in certain health care professions.CommentsClose CommentsPermalink
Sec. 513. Mandatory separation of Reserve officers in the grade of lieutenant general or vice admiral after completion of 38 years of commissioned service.CommentsClose CommentsPermalink
Sec. 514. Maximum period of temporary Federal recognition of person as Army National Guard officer or Air National Guard officer.CommentsClose CommentsPermalink
Sec. 515. Advance notice to members of reserve components of deployment in support of contingency operations.CommentsClose CommentsPermalink
Sec. 516. Report on relief from professional licensure and certification requirements for reserve component members on long-term active duty.CommentsClose CommentsPermalink
Subtitle C--Education and Training
Sec. 521. Revisions to authority to pay tuition for off-duty training or education.CommentsClose CommentsPermalink
Sec. 522. Reduction or elimination of service obligation in an Army Reserve or Army National Guard troop program unit for certain persons selected as medical students at Uniformed Services University of the Health Sciences.CommentsClose CommentsPermalink
Sec. 523. Repeal of annual limit on number of ROTC scholarships under Army Reserve and Army National Guard financial assistance program.CommentsClose CommentsPermalink
Sec. 524. Treatment of prior active service of members in uniformed medical accession programs.CommentsClose CommentsPermalink
Sec. 525. Repeal of post-2007-2008 academic year prohibition on phased increase in cadet strength limit at the United States Military Academy.CommentsClose CommentsPermalink
Sec. 526. National Defense University master's degree programs.CommentsClose CommentsPermalink
Sec. 527. Authority of the Air University to confer degree of master of science in flight test engineering.CommentsClose CommentsPermalink
Sec. 528. Enhancement of education benefits for certain members of reserve components.CommentsClose CommentsPermalink
Sec. 529. Extension of period of entitlement to educational assistance for certain members of the Selected Reserve affected by force shaping initiatives.CommentsClose CommentsPermalink
Sec. 530. Time limit for use of educational assistance benefit for certain members of reserve components and resumption of benefit.CommentsClose CommentsPermalink
Sec. 531. Secretary of Defense evaluation of the adequacy of the degree-granting authorities of certain military universities and educational institutions.CommentsClose CommentsPermalink
Sec. 532. Report on success of Army National Guard and Reserve Senior Reserve Officers' Training Corps financial assistance program.CommentsClose CommentsPermalink
Sec. 533. Report on utilization of tuition assistance by members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 534. Navy Junior Reserve Officers' Training Corps unit for Southold, Mattituck, and Greenport High Schools.CommentsClose CommentsPermalink
Sec. 535. Report on transfer of administration of certain educational assistance programs for members of the reserve components.CommentsClose CommentsPermalink
Subtitle D--Military Justice and Legal Assistance Matters
Sec. 541. Authority to designate civilian employees of the Federal Government and dependents of deceased members as eligible for legal assistance from Department of Defense legal staff resources.CommentsClose CommentsPermalink
Sec. 542. Authority of judges of the United States Court of Appeals for the Armed Forces to administer oaths.CommentsClose CommentsPermalink
Sec. 543. Modification of authorities on senior members of the Judge Advocate Generals' Corps.CommentsClose CommentsPermalink
Sec. 544. Prohibition against members of the Armed Forces participating in criminal street gangs.CommentsClose CommentsPermalink
Subtitle E--Military Leave
Sec. 551. Temporary enhancement of carryover of accumulated leave for members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 552. Enhancement of rest and recuperation leave.CommentsClose CommentsPermalink
Subtitle F--Decorations and Awards
Sec. 561. Authorization and request for award of Medal of Honor to Leslie H. Sabo, Jr., for acts of valor during the Vietnam War.CommentsClose CommentsPermalink
Sec. 562. Authorization and request for award of Medal of Honor to Henry Svehla for acts of valor during the Korean War.CommentsClose CommentsPermalink
Sec. 563. Authorization and request for award of Medal of Honor to Woodrow W. Keeble for acts of valor during the Korean War.CommentsClose CommentsPermalink
Sec. 564. Authorization and request for award of Medal of Honor to Private Philip G. Shadrach for acts of valor as one of Andrews' Raiders during the Civil War.CommentsClose CommentsPermalink
Sec. 565. Authorization and request for award of Medal of Honor to Private George D. Wilson for acts of valor as one of Andrews' Raiders during the Civil War.CommentsClose CommentsPermalink
Subtitle G--Impact Aid and Defense Dependents Education System
Sec. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.CommentsClose CommentsPermalink
Sec. 572. Impact aid for children with severe disabilities.CommentsClose CommentsPermalink
Sec. 573. Inclusion of dependents of non-Department of Defense employees employed on Federal property in plan relating to force structure changes, relocation of military units, or base closures and realignments.CommentsClose CommentsPermalink
Sec. 574. Payment of private boarding school tuition for military dependents in overseas areas not served by defense dependents' education system schools.CommentsClose CommentsPermalink
Subtitle H--Military Families
Sec. 581. Department of Defense Military Family Readiness Council and policy and plans for military family readiness.CommentsClose CommentsPermalink
Sec. 582. Yellow Ribbon Reintegration Program.CommentsClose CommentsPermalink
Sec. 583. Study to enhance and improve support services and programs for families of members of regular and reserve components undergoing deployment.CommentsClose CommentsPermalink
Sec. 584. Protection of child custody arrangements for parents who are members of the Armed Forces deployed in support of a contingency operation.CommentsClose CommentsPermalink
Sec. 585. Family leave in connection with injured members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 586. Family care plans and deferment of deployment of single parent or dual military couples with minor dependents.CommentsClose CommentsPermalink
Sec. 587. Education and treatment services for military dependent children with autism.CommentsClose CommentsPermalink
Sec. 588. Commendation of efforts of Project Compassion in paying tribute to members of the Armed Forces who have fallen in the service of the United States.CommentsClose CommentsPermalink
Subtitle I--Other Matters
Sec. 590. Uniform performance policies for military bands and other musical units.CommentsClose CommentsPermalink
Sec. 591. Transportation of remains of deceased members of the Armed Forces and certain other persons.CommentsClose CommentsPermalink
Sec. 592. Expansion of number of academies supportable in any State under STARBASE program.CommentsClose CommentsPermalink
Sec. 593. Gift acceptance authority.CommentsClose CommentsPermalink
Sec. 594. Conduct by members of the Armed Forces and veterans out of uniform during hoisting, lowering, or passing of United States flag.CommentsClose CommentsPermalink
Sec. 595. Annual report on cases reviewed by National Committee for Employer Support of the Guard and Reserve.CommentsClose CommentsPermalink
Sec. 596. Modification of Certificate of Release or Discharge from Active Duty (DD Form 214).CommentsClose CommentsPermalink
Sec. 597. Reports on administrative separations of members of the Armed Forces for personality disorder.CommentsClose CommentsPermalink
Sec. 598. Program to commemorate 50th anniversary of the Vietnam War.CommentsClose CommentsPermalink
Sec. 599. Recognition of members of the Monuments, Fine Arts, and Archives program of the Civil Affairs and Military Government Sections of the Armed Forces during and following World War II.CommentsClose CommentsPermalink
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2008 increase in military basic pay.CommentsClose CommentsPermalink
Sec. 602. Basic allowance for housing for reserve component members without dependents who attend accession training while maintaining a primary residence.CommentsClose CommentsPermalink
Sec. 603. Extension and enhancement of authority for temporary lodging expenses for members of the Armed Forces in areas subject to major disaster declaration or for installations experiencing sudden increase in personnel levels.CommentsClose CommentsPermalink
Sec. 604. Income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.CommentsClose CommentsPermalink
Sec. 605. Midmonth payment of basic pay for contributions of members of the uniformed services participating in Thrift Savings Plan.CommentsClose CommentsPermalink
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 610. Correction of lapsed authorities for payment of bonuses, special pays, and similar benefits for members of the uniformed services.CommentsClose CommentsPermalink
Sec. 611. Extension of certain bonus and special pay authorities for Reserve forces.CommentsClose CommentsPermalink
Sec. 612. Extension of certain bonus and special pay authorities for health care professionals.CommentsClose CommentsPermalink
Sec. 613. Extension of special pay and bonus authorities for nuclear officers.CommentsClose CommentsPermalink
Sec. 614. Extension of authorities relating to payment of other bonuses and special pays.CommentsClose CommentsPermalink
Sec. 615. Increase in incentive special pay and multiyear retention bonus for medical officers.CommentsClose CommentsPermalink
Sec. 616. Increase in dental officer additional special pay.CommentsClose CommentsPermalink
Sec. 617. Increase in maximum monthly rate of hardship duty pay and authority to provide hardship duty pay in a lump sum.CommentsClose CommentsPermalink
Sec. 618. Definition of sea duty for career sea pay to include service as off-cycle crewmembers of multi-crew ships.CommentsClose CommentsPermalink
Sec. 619. Reenlistment bonus for members of the Selected Reserve.CommentsClose CommentsPermalink
Sec. 620. Availability of Selected Reserve accession bonus for persons who previously served in the Armed Forces for a short period.CommentsClose CommentsPermalink
Sec. 621. Availability of nuclear officer continuation pay for officers with more than 26 years of commissioned service.CommentsClose CommentsPermalink
Sec. 622. Waiver of years-of-service limitation on receipt of critical skills retention bonus.CommentsClose CommentsPermalink
Sec. 623. Accession bonus for participants in the Armed Forces Health Professions Scholarship and Financial Assistance Program.CommentsClose CommentsPermalink
Sec. 624. Payment of assignment incentive pay for Reserve members serving in combat zone for more than 22 months.CommentsClose CommentsPermalink
Subtitle C--Travel and Transportation Allowances
Sec. 631. Payment of inactive duty training travel costs for certain Selected Reserve members.CommentsClose CommentsPermalink
Sec. 632. Survivors of deceased members eligible for transportation to attend burial ceremonies.CommentsClose CommentsPermalink
Sec. 633. Allowance for participation of Reserves in electronic screening.CommentsClose CommentsPermalink
Sec. 634. Allowance for civilian clothing for members of the Armed Forces traveling in connection with medical evacuation.CommentsClose CommentsPermalink
Sec. 635. Payment of moving expenses for Junior Reserve Officers' Training Corps instructors in hard-to-fill positions.CommentsClose CommentsPermalink
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Expansion of combat-related special compensation eligibility.CommentsClose CommentsPermalink
Sec. 642. Inclusion of veterans with service-connected disabilities rated as total by reason of unemployability under termination of phase-in of concurrent receipt of retired pay and veterans' disability compensation.CommentsClose CommentsPermalink
Sec. 643. Recoupment of annuity amounts previously paid, but subject to offset for dependency and indemnity compensation.CommentsClose CommentsPermalink
Sec. 644. Special survivor indemnity allowance for persons affected by required Survivor Benefit Plan annuity offset for dependency and indemnity compensation.CommentsClose CommentsPermalink
Sec. 645. Modification of authority of members of the Armed Forces to designate recipients for payment of death gratuity.CommentsClose CommentsPermalink
Sec. 646. Clarification of application of retired pay multiplier percentage to members of the uniformed services with over 30 years of service.CommentsClose CommentsPermalink
Sec. 647. Commencement of receipt of non-regular service retired pay by members of the Ready Reserve on active Federal status or active duty for significant periods.CommentsClose CommentsPermalink
Sec. 648. Computation of years of service for purposes of retired pay for non-regular service.CommentsClose CommentsPermalink
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
Sec. 651. Authority to continue commissary and exchange benefits for certain involuntarily separated members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 652. Authorization of installment deductions from pay of employees of nonappropriated fund instrumentalities to collect indebtedness to the United States.CommentsClose CommentsPermalink
Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus Authorities
Sec. 661. Consolidation of special pay, incentive pay, and bonus authorities of the uniformed services.CommentsClose CommentsPermalink
Sec. 662. Transitional provisions.CommentsClose CommentsPermalink
Subtitle G--Other Matters
Sec. 671. Referral bonus authorities.CommentsClose CommentsPermalink
Sec. 672. Expansion of education loan repayment program for members of the Selected Reserve.CommentsClose CommentsPermalink
Sec. 673. Ensuring entry into United States after time abroad for permanent resident alien military spouses and children.CommentsClose CommentsPermalink
Sec. 674. Overseas naturalization for military spouses and children.CommentsClose CommentsPermalink
Sec. 675. Modification of amount of back pay for members of Navy and Marine Corps selected for promotion while interned as prisoners of war during World War II to take into account changes in Consumer Price Index.CommentsClose CommentsPermalink
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Military Health Benefits
Sec. 701. One-year extension of prohibition on increases in certain health care costs for members of the uniformed services.CommentsClose CommentsPermalink
Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program.CommentsClose CommentsPermalink
Sec. 703. Inclusion of TRICARE retail pharmacy program in Federal procurement of pharmaceuticals.CommentsClose CommentsPermalink
Sec. 704. Stipend for members of reserve components for health care for certain dependents.CommentsClose CommentsPermalink
Sec. 705. Authority for expansion of persons eligible for continued health benefits coverage.CommentsClose CommentsPermalink
Sec. 706. Continuation of eligibility for TRICARE Standard coverage for certain members of the Selected Reserve.CommentsClose CommentsPermalink
Sec. 707. Extension of pilot program for health care delivery.CommentsClose CommentsPermalink
Sec. 708. Inclusion of mental health care in definition of health care and report on mental health care services.CommentsClose CommentsPermalink
Subtitle B--Studies and Reports
Sec. 711. Surveys on continued viability of TRICARE Standard and TRICARE Extra.CommentsClose CommentsPermalink
Sec. 712. Report on training in preservation of remains under combat or combat-related conditions.CommentsClose CommentsPermalink
Sec. 713. Report on patient satisfaction surveys.CommentsClose CommentsPermalink
Sec. 714. Report on medical physical examinations of members of the Armed Forces before their deployment.CommentsClose CommentsPermalink
Sec. 715. Report and study on multiple vaccinations of members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 716. Review of gender- and ethnic group-specific mental health services and treatment for members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 717. Licensed mental health counselors and the TRICARE program.CommentsClose CommentsPermalink
Sec. 718. Report on funding of the Department of Defense for health care.CommentsClose CommentsPermalink
Subtitle C--Other Matters
Sec. 721. Prohibition on conversion of military medical and dental positions to civilian medical and dental positions.CommentsClose CommentsPermalink
Sec. 722. Establishment of Joint Pathology Center.CommentsClose CommentsPermalink
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Sec. 800. Short title.CommentsClose CommentsPermalink
Subtitle A--Acquisition Policy and Management
Sec. 801. Internal controls for procurements on behalf of the Department of Defense by certain non-Defense agencies.CommentsClose CommentsPermalink
Sec. 802. Lead systems integrators.CommentsClose CommentsPermalink
Sec. 803. Reinvestment in domestic sources of strategic materials.CommentsClose CommentsPermalink
Sec. 804. Clarification of the protection of strategic materials critical to national security.CommentsClose CommentsPermalink
Sec. 805. Procurement of commercial services.CommentsClose CommentsPermalink
Sec. 806. Specification of amounts requested for procurement of contract services.CommentsClose CommentsPermalink
Sec. 807. Inventories and reviews of contracts for services.CommentsClose CommentsPermalink
Sec. 808. Independent management reviews of contracts for services.CommentsClose CommentsPermalink
Sec. 809. Implementation and enforcement of requirements applicable to undefinitized contractual actions.CommentsClose CommentsPermalink
Sec. 810. Clarification of limited acquisition authority for Special Operations Command.CommentsClose CommentsPermalink
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Requirements applicable to multiyear contracts for the procurement of major systems of the Department of Defense.CommentsClose CommentsPermalink
Sec. 812. Changes to Milestone B certifications.CommentsClose CommentsPermalink
Sec. 813. Comptroller General report on Department of Defense organization and structure for major defense acquisition programs.CommentsClose CommentsPermalink
Sec. 814. Clarification of submission of cost or pricing data on noncommercial modifications of commercial items.CommentsClose CommentsPermalink
Sec. 815. Clarification of rules regarding the procurement of commercial items.CommentsClose CommentsPermalink
Sec. 816. Review of systemic deficiencies on major defense acquisition programs.CommentsClose CommentsPermalink
Sec. 817. Investment strategy for major defense acquisition programs.CommentsClose CommentsPermalink
Sec. 818. Report on implementation of recommendations on total ownership cost for major weapon systems.CommentsClose CommentsPermalink
Subtitle C--Amendments to General Contracting Authorities, Procedures, and Limitations
Sec. 821. Plan for restricting Government-unique contract clauses on commercial contracts.CommentsClose CommentsPermalink
Sec. 822. Extension of authority for use of simplified acquisition procedures for certain commercial items.CommentsClose CommentsPermalink
Sec. 823. Five-year extension of authority to carry out certain prototype projects.CommentsClose CommentsPermalink
Sec. 824. Exemption of Special Operations Command from certain requirements for certain contracts relating to vessels, aircraft, and combat vehicles.CommentsClose CommentsPermalink
Sec. 825. Provision of authority to maintain equipment to unified combatant command for joint warfighting.CommentsClose CommentsPermalink
Sec. 826. Market research.CommentsClose CommentsPermalink
Sec. 827. Modification of competition requirements for purchases from Federal Prison Industries.CommentsClose CommentsPermalink
Sec. 828. Multiyear contract authority for electricity from renewable energy sources.CommentsClose CommentsPermalink
Sec. 829. Procurement of fire resistant rayon fiber for the production of uniforms from foreign sources.CommentsClose CommentsPermalink
Sec. 830. Comptroller General review of noncompetitive awards of congressional and executive branch interest items.CommentsClose CommentsPermalink
Subtitle D--Accountability in Contracting
Sec. 841. Commission on Wartime Contracting in Iraq and Afghanistan.CommentsClose CommentsPermalink
Sec. 842. Investigation of waste, fraud, and abuse in wartime contracts and contracting processes in Iraq and Afghanistan.CommentsClose CommentsPermalink
Sec. 843. Enhanced competition requirements for task and delivery order contracts.CommentsClose CommentsPermalink
Sec. 844. Public disclosure of justification and approval documents for noncompetitive contracts.CommentsClose CommentsPermalink
Sec. 845. Disclosure of Government contractor audit findings.CommentsClose CommentsPermalink
Sec. 846. Protection for contractor employees from reprisal for disclosure of certain information.CommentsClose CommentsPermalink
Sec. 847. Requirements for senior Department of Defense officials seeking employment with defense contractors.CommentsClose CommentsPermalink
Sec. 848. Report on contractor ethics programs of Major Defense contractors.CommentsClose CommentsPermalink
Sec. 849. Contingency contracting training for personnel outside the acquisition workforce and evaluations of Army Commission recommendations.CommentsClose CommentsPermalink
Subtitle E--Acquisition Workforce Provisions
Sec. 851. Requirement for section on defense acquisition workforce in strategic human capital plan.CommentsClose CommentsPermalink
Sec. 852. Department of Defense Acquisition Workforce Development Fund.CommentsClose CommentsPermalink
Sec. 853. Extension of authority to fill shortage category positions for certain Federal acquisition positions.CommentsClose CommentsPermalink
Sec. 854. Repeal of sunset of acquisition workforce training fund.CommentsClose CommentsPermalink
Sec. 855. Federal acquisition workforce improvements.CommentsClose CommentsPermalink
Subtitle F--Contracts in Iraq and Afghanistan
Sec. 861. Memorandum of understanding on matters relating to contracting.CommentsClose CommentsPermalink
Sec. 862. Contractors performing private security functions in areas of combat operations.CommentsClose CommentsPermalink
Sec. 863. Comptroller General reviews and reports on contracting in Iraq and Afghanistan.CommentsClose CommentsPermalink
Sec. 864. Definitions and other general provisions.CommentsClose CommentsPermalink
Subtitle G--Defense Materiel Readiness Board
Sec. 871. Establishment of Defense Materiel Readiness Board.CommentsClose CommentsPermalink
Sec. 872. Critical materiel readiness shortfalls.CommentsClose CommentsPermalink
Subtitle H--Other Matters
Sec. 881. Clearinghouse for rapid identification and dissemination of commercial information technologies.CommentsClose CommentsPermalink
Sec. 882. Authority to license certain military designations and likenesses of weapons systems to toy and hobby manufacturers.CommentsClose CommentsPermalink
Sec. 883. Modifications to limitation on contracts to acquire military flight simulator.CommentsClose CommentsPermalink
Sec. 884. Requirements relating to waivers of certain domestic source limitations relating to specialty metals.CommentsClose CommentsPermalink
Sec. 885. Telephone services for military personnel serving in combat zones.CommentsClose CommentsPermalink
Sec. 886. Enhanced authority to acquire products and services produced in Iraq and Afghanistan.CommentsClose CommentsPermalink
Sec. 887. Defense Science Board review of Department of Defense policies and procedures for the acquisition of information technology.CommentsClose CommentsPermalink
Sec. 888. Green procurement policy.CommentsClose CommentsPermalink
Sec. 889. Comptroller General review of use of authority under the Defense Production Act of 1950.CommentsClose CommentsPermalink
Sec. 890. Prevention of export control violations.CommentsClose CommentsPermalink
Sec. 891. Procurement goal for Native Hawaiian-serving institutions and Alaska Native-serving institutions.CommentsClose CommentsPermalink
Sec. 892. Competition for procurement of small arms supplied to Iraq and Afghanistan.CommentsClose CommentsPermalink
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Repeal of limitation on major Department of Defense headquarters activities personnel and related report.CommentsClose CommentsPermalink
Sec. 902. Flexibility to adjust the number of deputy chiefs and assistant chiefs.CommentsClose CommentsPermalink
Sec. 903. Change in eligibility requirements for appointment to Department of Defense leadership positions.CommentsClose CommentsPermalink
Sec. 904. Management of the Department of Defense.CommentsClose CommentsPermalink
Sec. 905. Revision in guidance relating to combatant command acquisition authority.CommentsClose CommentsPermalink
Sec. 906. Department of Defense Board of Actuaries.CommentsClose CommentsPermalink
Sec. 907. Modification of background requirement of individuals appointed as Under Secretary of Defense for Acquisition, Technology, and Logistics.CommentsClose CommentsPermalink
Sec. 908. Assistant Secretaries of the military departments for acquisition matters; principal military deputies.CommentsClose CommentsPermalink
Sec. 909. Sense of Congress on term of Office of the Director of Operational Test and Evaluation.CommentsClose CommentsPermalink
Subtitle B--Space Activities
Sec. 911. Space protection strategy.CommentsClose CommentsPermalink
Sec. 912. Biennial report on management of space cadre within the Department of Defense.CommentsClose CommentsPermalink
Sec. 913. Additional report on oversight of acquisition for defense space programs.CommentsClose CommentsPermalink
Subtitle C--Chemical Demilitarization Program
Sec. 921. Chemical demilitarization citizens advisory commissions.CommentsClose CommentsPermalink
Sec. 922. Sense of Congress on completion of destruction of United States chemical weapons stockpile.CommentsClose CommentsPermalink
Sec. 923. Repeal of certain qualifications requirement for director of chemical demilitarization management organization.CommentsClose CommentsPermalink
Sec. 924. Modification of termination of assistance to State and local governments after completion of the destruction of the United States chemical weapons stockpile.CommentsClose CommentsPermalink
Subtitle D--Intelligence-Related Matters
Sec. 931. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and Terrorism Prevention Act of 2004.CommentsClose CommentsPermalink
Subtitle E--Roles and Missions Analysis
Sec. 941. Requirement for quadrennial roles and missions review.CommentsClose CommentsPermalink
Sec. 942. Joint Requirements Oversight Council additional duties relating to core mission areas.CommentsClose CommentsPermalink
Sec. 943. Requirement for certification of major systems prior to technology development.CommentsClose CommentsPermalink
Sec. 944. Presentation of future-years mission budget by core mission area.CommentsClose CommentsPermalink
Subtitle F--Other Matters
Sec. 951. Department of Defense consideration of effect of climate change on Department facilities, capabilities, and missions.CommentsClose CommentsPermalink
Sec. 952. Interagency policy coordination.CommentsClose CommentsPermalink
Sec. 953. Expansion of employment creditable under service agreements under National Security Education Program.CommentsClose CommentsPermalink
Sec. 954. Board of Regents for the Uniformed Services University of the Health Sciences.CommentsClose CommentsPermalink
Sec. 955. Establishment of Department of Defense School of Nursing.CommentsClose CommentsPermalink
Sec. 956. Inclusion of commanders of Western Hemisphere combatant commands in Board of Visitors of Western Hemisphere Institute for Security Cooperation.CommentsClose CommentsPermalink
Sec. 957. Comptroller General assessment of reorganization of the Office of the Under Secretary of Defense for Policy.CommentsClose CommentsPermalink
Sec. 958. Report on foreign language proficiency.CommentsClose CommentsPermalink
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.CommentsClose CommentsPermalink
Sec. 1002. United States contribution to NATO common-funded budgets in fiscal year 2008.CommentsClose CommentsPermalink
Sec. 1003. Authorization of additional emergency supplemental appropriations for fiscal year 2007.CommentsClose CommentsPermalink
Sec. 1004. Modification of fiscal year 2007 general transfer authority.CommentsClose CommentsPermalink
Sec. 1005. Financial management transformation initiative for the Defense Agencies.CommentsClose CommentsPermalink
Sec. 1006. Repeal of requirement for two-year budget cycle for the Department of Defense.CommentsClose CommentsPermalink
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Limitation on leasing of vessels.CommentsClose CommentsPermalink
Sec. 1012. Policy relating to major combatant vessels of the strike forces of the United States Navy.CommentsClose CommentsPermalink
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.CommentsClose CommentsPermalink
Sec. 1022. Expansion of authority to provide additional support for counter-drug activities in certain foreign countries.CommentsClose CommentsPermalink
Sec. 1023. Report on counternarcotics assistance for the Government of Haiti.CommentsClose CommentsPermalink
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1031. Provision of Air Force support and services to foreign military and state aircraft.CommentsClose CommentsPermalink
Sec. 1032. Department of Defense participation in Strategic Airlift Capability Partnership.CommentsClose CommentsPermalink
Sec. 1033. Improved authority to provide rewards for assistance in combating terrorism.CommentsClose CommentsPermalink
Sec. 1034. Support for non-Federal development and testing of material for chemical agent defense.CommentsClose CommentsPermalink
Sec. 1035. Prohibition on sale of F-14 fighter aircraft and related parts.CommentsClose CommentsPermalink
Subtitle E--Reports
Sec. 1041. Extension and modification of report relating to hardened and deeply buried targets.CommentsClose CommentsPermalink
Sec. 1042. Report on joint modeling and simulation activities.CommentsClose CommentsPermalink
Sec. 1043. Renewal of submittal of plans for prompt global strike capability.CommentsClose CommentsPermalink
Sec. 1044. Report on workforce required to support the nuclear missions of the Navy and the Department of Energy.CommentsClose CommentsPermalink
Sec. 1045. Comptroller General report on Defense Finance and Accounting Service response to Butterbaugh v. Department of Justice.CommentsClose CommentsPermalink
Sec. 1046. Study on size and mix of airlift force.CommentsClose CommentsPermalink
Sec. 1047. Report on feasibility of establishing a domestic military aviation national training center.CommentsClose CommentsPermalink
Sec. 1048. Limited field user evaluations for combat helmet pad suspension systems.CommentsClose CommentsPermalink
Sec. 1049. Study on national security interagency system.CommentsClose CommentsPermalink
Sec. 1050. Report on solid rocket motor industrial base.CommentsClose CommentsPermalink
Sec. 1051. Reports on establishment of a memorial for members of the Armed Forces who died in the air crash in Bakers Creek, Australia, and establishment of other memorials in Arlington National Cemetery.CommentsClose CommentsPermalink
Subtitle F--Other Matters
Sec. 1061. Reimbursement for National Guard support provided to Federal agencies.CommentsClose CommentsPermalink
Sec. 1062. Congressional Commission on the Strategic Posture of the United States.CommentsClose CommentsPermalink
Sec. 1063. Technical and clerical amendments.CommentsClose CommentsPermalink
Sec. 1064. Repeal of certification requirement.CommentsClose CommentsPermalink
Sec. 1065. Maintenance of capability for space-based nuclear detection.CommentsClose CommentsPermalink
Sec. 1066. Sense of Congress regarding detainees at Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink
Sec. 1067. A report on transferring individuals detained at Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink
Sec. 1068. Repeal of provisions in section 1076 of
Sec. 1069. Standards required for entry to military installations in United States.CommentsClose CommentsPermalink
Sec. 1070. Revised nuclear posture review.CommentsClose CommentsPermalink
Sec. 1071. Termination of Commission on the Implementation of the New Strategic Posture of the United States.CommentsClose CommentsPermalink
Sec. 1072. Security clearances; limitations.CommentsClose CommentsPermalink
Sec. 1073. Improvements in the process for the issuance of security clearances.CommentsClose CommentsPermalink
Sec. 1074. Protection of certain individuals.CommentsClose CommentsPermalink
Sec. 1075. Modification of authorities on Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack.CommentsClose CommentsPermalink
Sec. 1076. Sense of Congress on Small Business Innovation Research Program.CommentsClose CommentsPermalink
Sec. 1077. Revision of proficiency flying definition.CommentsClose CommentsPermalink
Sec. 1078. Qualifications for public aircraft status of aircraft under contract with the Armed Forces.CommentsClose CommentsPermalink
Sec. 1079. Communications with the Committees on Armed Services of the Senate and the House of Representatives.CommentsClose CommentsPermalink
Sec. 1080. Retention of reimbursement for provision of reciprocal fire protection services.CommentsClose CommentsPermalink
Sec. 1081. Pilot program on commercial fee-for-service air refueling support for the Air Force.CommentsClose CommentsPermalink
Sec. 1082. Advisory panel on Department of Defense capabilities for support of civil authorities after certain incidents.CommentsClose CommentsPermalink
Sec. 1083. Terrorism exception to immunity.CommentsClose CommentsPermalink
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Extension of authority to waive annual limitation on total compensation paid to Federal civilian employees working overseas under areas of United States Central Command.CommentsClose CommentsPermalink
Sec. 1102. Continuation of life insurance coverage for Federal employees called to active duty.CommentsClose CommentsPermalink
Sec. 1103. Transportation of dependents, household effects, and personal property to former home following death of Federal employee where death resulted from disease or injury incurred in the Central Command area of responsibility.CommentsClose CommentsPermalink
Sec. 1104. Special benefits for civilian employees assigned on deployment temporary change of station.CommentsClose CommentsPermalink
Sec. 1105. Death gratuity authorized for Federal employees.CommentsClose CommentsPermalink
Sec. 1106. Modifications to the National Security Personnel System.CommentsClose CommentsPermalink
Sec. 1107. Requirement for full implementation of personnel demonstration project.CommentsClose CommentsPermalink
Sec. 1108. Authority for inclusion of certain Office of Defense Research and Engineering positions in experimental personnel program for scientific and technical personnel.CommentsClose CommentsPermalink
Sec. 1109. Pilot program for the temporary assignment of information technology personnel to private sector organizations.CommentsClose CommentsPermalink
Sec. 1110. Compensation for Federal wage system employees for certain travel hours.CommentsClose CommentsPermalink
Sec. 1111. Travel compensation for wage grade personnel.CommentsClose CommentsPermalink
Sec. 1112. Accumulation of annual leave by senior level employees.CommentsClose CommentsPermalink
Sec. 1113. Uniform allowances for civilian employees.CommentsClose CommentsPermalink
Sec. 1114. Flexibility in setting pay for employees who move from a Department of Defense or Coast Guard nonappropriated fund instrumentality position to a position in the General Schedule pay system.CommentsClose CommentsPermalink
Sec. 1115. Retirement service credit for service as cadet or midshipman at a military service academy.CommentsClose CommentsPermalink
Sec. 1116. Authorization for increased compensation for faculty and staff of the Uniformed Services University of the Health Sciences.CommentsClose CommentsPermalink
Sec. 1117. Report on establishment of a scholarship program for civilian mental health professionals.CommentsClose CommentsPermalink
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Military-to-military contacts and comparable activities.CommentsClose CommentsPermalink
Sec. 1202. Authority for support of military operations to combat terrorism.CommentsClose CommentsPermalink
Sec. 1203. Medical care and temporary duty travel expenses for liaison officers of certain foreign nations.CommentsClose CommentsPermalink
Sec. 1204. Extension and expansion of Department of Defense authority to participate in multinational military centers of excellence.CommentsClose CommentsPermalink
Sec. 1205. Reauthorization of Commanders' Emergency Response Program.CommentsClose CommentsPermalink
Sec. 1206. Authority to build the capacity of the Pakistan Frontier Corps.CommentsClose CommentsPermalink
Sec. 1207. Authority to equip and train foreign personnel to assist in accounting for missing United States Government personnel.CommentsClose CommentsPermalink
Sec. 1208. Authority to provide automatic identification system data on maritime shipping to foreign countries and international organizations.CommentsClose CommentsPermalink
Sec. 1209. Report on foreign-assistance related programs carried out by the Department of Defense.CommentsClose CommentsPermalink
Sec. 1210. Extension and enhancement of authority for security and stabilization assistance.CommentsClose CommentsPermalink
Sec. 1211. Government Accountability Office report on Global Peace Operations Initiative.CommentsClose CommentsPermalink
Sec. 1212. Repeal of limitations on military assistance under the American Servicemembers' Protection Act of 2002.CommentsClose CommentsPermalink
Subtitle B--Matters Relating to Iraq and Afghanistan
Sec. 1221. Modification of authorities relating to the Office of the Special Inspector General for Iraq Reconstruction.CommentsClose CommentsPermalink
Sec. 1222. Limitation on availability of funds for certain purposes relating to Iraq.CommentsClose CommentsPermalink
Sec. 1223. Report on United States policy and military operations in Iraq.CommentsClose CommentsPermalink
Sec. 1224. Report on a comprehensive set of performance indicators and measures for progress toward military and political stability in Iraq.CommentsClose CommentsPermalink
Sec. 1225. Report on support from Iran for attacks against coalition forces in Iraq.CommentsClose CommentsPermalink
Sec. 1226. Sense of Congress on the consequences of a failed state in Iraq.CommentsClose CommentsPermalink
Sec. 1227. Sense of Congress on federalism in Iraq.CommentsClose CommentsPermalink
Sec. 1228. Tracking and monitoring of defense articles provided to the Government of Iraq and other individuals and groups in Iraq.CommentsClose CommentsPermalink
Sec. 1229. Special Inspector General for Afghanistan Reconstruction.CommentsClose CommentsPermalink
Sec. 1230. Report on progress toward security and stability in Afghanistan.CommentsClose CommentsPermalink
Sec. 1231. United States plan for sustaining the Afghanistan National Security Forces.CommentsClose CommentsPermalink
Sec. 1232. Report on enhancing security and stability in the region along the border of Afghanistan and Pakistan.CommentsClose CommentsPermalink
Sec. 1233. Reimbursement of certain coalition nations for support provided to United States military operations.CommentsClose CommentsPermalink
Sec. 1234. Logistical support for coalition forces supporting operations in Iraq and Afghanistan.CommentsClose CommentsPermalink
Subtitle C--Iraq Refugee Crisis
Sec. 1241. Short title.CommentsClose CommentsPermalink
Sec. 1242. Processing mechanisms.CommentsClose CommentsPermalink
Sec. 1243. United States refugee program processing priorities.CommentsClose CommentsPermalink
Sec. 1244. Special immigrant status for certain Iraqis.CommentsClose CommentsPermalink
Sec. 1245. Senior Coordinator for Iraqi Refugees and Internally Displaced Persons.CommentsClose CommentsPermalink
Sec. 1246. Countries with significant populations of Iraqi refugees.CommentsClose CommentsPermalink
Sec. 1247. Motion to reopen denial or termination of asylum.CommentsClose CommentsPermalink
Sec. 1248. Reports.CommentsClose CommentsPermalink
Sec. 1249. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle D--Other Authorities and Limitations
Sec. 1251. Cooperative opportunities documents under cooperative research and development agreements with NATO organizations and other allied and friendly foreign countries.CommentsClose CommentsPermalink
Sec. 1252. Extension and expansion of temporary authority to use acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability.CommentsClose CommentsPermalink
Sec. 1253. Acceptance of funds from the Government of Palau for costs of United States military Civic Action Team in Palau.CommentsClose CommentsPermalink
Sec. 1254. Repeal of requirement relating to North Korea.CommentsClose CommentsPermalink
Sec. 1255. Justice for Osama bin Laden and other leaders of al Qaeda.CommentsClose CommentsPermalink
Sec. 1256. Extension of Counterproliferation Program Review Committee.CommentsClose CommentsPermalink
Sec. 1257. Sense of Congress on the Western Hemisphere Institute for Security Cooperation.CommentsClose CommentsPermalink
Sec. 1258. Sense of Congress on Iran.CommentsClose CommentsPermalink
Subtitle E--Reports
Sec. 1261. One-year extension of update on report on claims relating to the bombing of the Labelle Discotheque.CommentsClose CommentsPermalink
Sec. 1262. Report on United States policy toward Darfur, Sudan.CommentsClose CommentsPermalink
Sec. 1263. Inclusion of information on asymmetric capabilities in annual report on military power of the People's Republic of China.CommentsClose CommentsPermalink
Sec. 1264. Report on application of the Uniform Code of Military Justice to civilians accompanying the Armed Forces during a time of declared war or contingency operation.CommentsClose CommentsPermalink
Sec. 1265. Report on family reunions between United States citizens and their relatives in North Korea.CommentsClose CommentsPermalink
Sec. 1266. Reports on prevention of mass atrocities.CommentsClose CommentsPermalink
Sec. 1267. Report on threats to the United States from ungoverned areas.CommentsClose CommentsPermalink
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.CommentsClose CommentsPermalink
Sec. 1302. Funding allocations.CommentsClose CommentsPermalink
Sec. 1303. Specification of Cooperative Threat Reduction programs in states outside the former Soviet Union.CommentsClose CommentsPermalink
Sec. 1304. Repeal of restrictions on assistance to states of the former Soviet Union for Cooperative Threat Reduction.CommentsClose CommentsPermalink
Sec. 1305. Modification of authority to use Cooperative Threat Reduction funds outside the former Soviet Union.CommentsClose CommentsPermalink
Sec. 1306. New initiatives for the Cooperative Threat Reduction Program.CommentsClose CommentsPermalink
Sec. 1307. Report relating to chemical weapons destruction at Shchuch'ye, Russia.CommentsClose CommentsPermalink
Sec. 1308. National Academy of Sciences study of prevention of proliferation of biological weapons.CommentsClose CommentsPermalink
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.CommentsClose CommentsPermalink
Sec. 1402. National Defense Sealift Fund.CommentsClose CommentsPermalink
Sec. 1403. Defense Health Program.CommentsClose CommentsPermalink
Sec. 1404. Chemical agents and munitions destruction, Defense.CommentsClose CommentsPermalink
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide.CommentsClose CommentsPermalink
Sec. 1406. Defense Inspector General.CommentsClose CommentsPermalink
Subtitle B--National Defense Stockpile
Sec. 1411. Authorized uses of National Defense Stockpile funds.CommentsClose CommentsPermalink
Sec. 1412. Revisions to required receipt objectives for previously authorized disposals from the National Defense Stockpile.CommentsClose CommentsPermalink
Sec. 1413. Disposal of ferromanganese.CommentsClose CommentsPermalink
Sec. 1414. Disposal of chrome metal.CommentsClose CommentsPermalink
Subtitle C--Armed Forces Retirement Home
Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home.CommentsClose CommentsPermalink
Sec. 1422. Administration and oversight of the Armed Forces Retirement Home.CommentsClose CommentsPermalink
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose.CommentsClose CommentsPermalink
Sec. 1502. Army procurement.CommentsClose CommentsPermalink
Sec. 1503. Navy and Marine Corps procurement.CommentsClose CommentsPermalink
Sec. 1504. Air Force procurement.CommentsClose CommentsPermalink
Sec. 1505. Joint Improvised Explosive Device Defeat Fund.CommentsClose CommentsPermalink
Sec. 1506. Defense-wide activities procurement.CommentsClose CommentsPermalink
Sec. 1507. Research, development, test, and evaluation.CommentsClose CommentsPermalink
Sec. 1508. Operation and maintenance.CommentsClose CommentsPermalink
Sec. 1509. Working capital funds.CommentsClose CommentsPermalink
Sec. 1510. Other Department of Defense programs.CommentsClose CommentsPermalink
Sec. 1511. Iraq Freedom Fund.CommentsClose CommentsPermalink
Sec. 1512. Iraq Security Forces Fund.CommentsClose CommentsPermalink
Sec. 1513. Afghanistan Security Forces Fund.CommentsClose CommentsPermalink
Sec. 1514. Military personnel.CommentsClose CommentsPermalink
Sec. 1515. Strategic Readiness Fund.CommentsClose CommentsPermalink
Sec. 1516. Treatment as additional authorizations.CommentsClose CommentsPermalink
Sec. 1517. Special transfer authority.CommentsClose CommentsPermalink
TITLE XVI--WOUNDED WARRIOR MATTERS
Sec. 1601. Short title.CommentsClose CommentsPermalink
Sec. 1602. General definitions.CommentsClose CommentsPermalink
Sec. 1603. Consideration of gender-specific needs of recovering service members and veterans.CommentsClose CommentsPermalink
Subtitle A--Policy on Improvements to Care, Management, and Transition of Recovering Service Members
Sec. 1611. Comprehensive policy on improvements to care, management, and transition of recovering service members.CommentsClose CommentsPermalink
Sec. 1612. Medical evaluations and physical disability evaluations of recovering service members.CommentsClose CommentsPermalink
Sec. 1613. Return of recovering service members to active duty in the Armed Forces.CommentsClose CommentsPermalink
Sec. 1614. Transition of recovering service members from care and treatment through the Department of Defense to care, treatment, and rehabilitation through the Department of Veterans Affairs.CommentsClose CommentsPermalink
Sec. 1615. Reports.CommentsClose CommentsPermalink
Sec. 1616. Establishment of a wounded warrior resource center.CommentsClose CommentsPermalink
Sec. 1617. Notification to Congress of hospitalization of combat wounded service members.CommentsClose CommentsPermalink
Sec. 1618. Comprehensive plan on prevention, diagnosis, mitigation, treatment, and rehabilitation of, and research on, traumatic brain injury, post-traumatic stress disorder, and other mental health conditions in members of the Armed Forces.CommentsClose CommentsPermalink
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. Center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of traumatic brain injury.CommentsClose CommentsPermalink
Sec. 1622. Center of excellence in prevention, diagnosis, mitigation, treatment, and rehabilitation of post-traumatic stress disorder and other mental health conditions.CommentsClose CommentsPermalink
Sec. 1623. Center of excellence in prevention, diagnosis, mitigation, treatment, and rehabilitation of military eye injuries.CommentsClose CommentsPermalink
Sec. 1624. Report on establishment of centers of excellence.CommentsClose CommentsPermalink
Subtitle C--Health Care Matters
Sec. 1631. Medical care and other benefits for members and former members of the Armed Forces with severe injuries or illnesses.CommentsClose CommentsPermalink
Sec. 1632. Reimbursement of travel expenses of retired members with combat-related disabilities for follow-on specialty care, services, and supplies.CommentsClose CommentsPermalink
Sec. 1633. Respite care and other extended care benefits for members of the uniformed services who incur a serious injury or illness on active duty.CommentsClose CommentsPermalink
Sec. 1634. Reports.CommentsClose CommentsPermalink
Sec. 1635. Fully interoperable electronic personal health information for the Department of Defense and Department of Veterans Affairs.CommentsClose CommentsPermalink
Sec. 1636. Enhanced personnel authorities for the Department of Defense for health care professionals for care and treatment of wounded and injured members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 1637. Continuation of transitional health benefits for members of the Armed Forces pending resolution of service-related medical conditions.CommentsClose CommentsPermalink
Subtitle D--Disability Matters
Sec. 1641. Utilization of veterans' presumption of sound condition in establishing eligibility of members of the Armed Forces for retirement for disability.CommentsClose CommentsPermalink
Sec. 1642. Requirements and limitations on Department of Defense determinations of disability with respect to members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 1643. Review of separation of members of the Armed Forces separated from service with a disability rating of 20 percent disabled or less.CommentsClose CommentsPermalink
Sec. 1644. Authorization of pilot programs to improve the disability evaluation system for members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 1645. Reports on Army action plan in response to deficiencies in the Army physical disability evaluation system.CommentsClose CommentsPermalink
Sec. 1646. Enhancement of disability severance pay for members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 1647. Assessments of continuing utility and future role of temporary disability retired list.CommentsClose CommentsPermalink
Sec. 1648. Standards for military medical treatment facilities, specialty medical care facilities, and military quarters housing patients and annual report on such facilities.CommentsClose CommentsPermalink
Sec. 1649. Reports on Army Medical Action Plan in response to deficiencies identified at Walter Reed Army Medical Center, District of Columbia.CommentsClose CommentsPermalink
Sec. 1650. Required certifications in connection with closure of Walter Reed Army Medical Center, District of Columbia.CommentsClose CommentsPermalink
Sec. 1651. Handbook for members of the Armed Forces on compensation and benefits available for serious injuries and illnesses.CommentsClose CommentsPermalink
Subtitle E--Studies and Reports
Sec. 1661. Study on physical and mental health and other readjustment needs of members and former members of the Armed Forces who deployed in Operation Iraqi Freedom and Operation Enduring Freedom and their families.CommentsClose CommentsPermalink
Sec. 1662. Access of recovering service members to adequate outpatient residential facilities.CommentsClose CommentsPermalink
Sec. 1663. Study and report on support services for families of recovering service members.CommentsClose CommentsPermalink
Sec. 1664. Report on traumatic brain injury classifications.CommentsClose CommentsPermalink
Sec. 1665. Evaluation of the Polytrauma Liaison Officer/Non-Commissioned Officer program.CommentsClose CommentsPermalink
Subtitle F--Other Matters
Sec. 1671. Prohibition on transfer of resources from medical care.CommentsClose CommentsPermalink
Sec. 1672. Medical care for families of members of the Armed Forces recovering from serious injuries or illnesses.CommentsClose CommentsPermalink
Sec. 1673. Improvement of medical tracking system for members of the Armed Forces deployed overseas.CommentsClose CommentsPermalink
Sec. 1674. Guaranteed funding for Walter Reed Army Medical Center, District of Columbia.CommentsClose CommentsPermalink
Sec. 1675. Use of leave transfer program by wounded veterans who are Federal employees.CommentsClose CommentsPermalink
Sec. 1676. Moratorium on conversion to contractor performance of Department of Defense functions at military medical facilities.CommentsClose CommentsPermalink
TITLE XVII--VETERANS MATTERS
Sec. 1701. Sense of Congress on Department of Veterans Affairs efforts in the rehabilitation and reintegration of veterans with traumatic brain injury.CommentsClose CommentsPermalink
Sec. 1702. Individual rehabilitation and community reintegration plans for veterans and others with traumatic brain injury.CommentsClose CommentsPermalink
Sec. 1703. Use of non-Department of Veterans Affairs facilities for implementation of rehabilitation and community reintegration plans for traumatic brain injury.CommentsClose CommentsPermalink
Sec. 1704. Research, education, and clinical care program on traumatic brain injury.CommentsClose CommentsPermalink
Sec. 1705. Pilot program on assisted living services for veterans with traumatic brain injury.CommentsClose CommentsPermalink
Sec. 1706. Provision of age-appropriate nursing home care.CommentsClose CommentsPermalink
Sec. 1707. Extension of period of eligibility for health care for veterans of combat service during certain periods of hostilities and war.CommentsClose CommentsPermalink
Sec. 1708. Service-connection and assessments for mental health conditions in veterans.CommentsClose CommentsPermalink
Sec. 1709. Modification of requirements for furnishing outpatient dental services to veterans with service-connected dental conditions or disabilities.CommentsClose CommentsPermalink
Sec. 1710. Clarification of purpose of outreach services program of Department of Veterans Affairs.CommentsClose CommentsPermalink
Sec. 1711. Designation of fiduciary or trustee for purposes of Traumatic Servicemembers' Group Life Insurance.CommentsClose CommentsPermalink
TITLE XVIII--NATIONAL GUARD BUREAU MATTERS AND RELATED MATTERS
Sec. 1801. Short title.CommentsClose CommentsPermalink
Subtitle A--National Guard Bureau
Sec. 1811. Appointment, grade, duties, and retirement of the Chief of the National Guard Bureau.CommentsClose CommentsPermalink
Sec. 1812. Establishment of National Guard Bureau as joint activity of the Department of Defense.CommentsClose CommentsPermalink
Sec. 1813. Enhancement of functions of the National Guard Bureau.CommentsClose CommentsPermalink
Sec. 1814. Requirement for Secretary of Defense to prepare plan for response to natural disasters and terrorist events.CommentsClose CommentsPermalink
Sec. 1815. Determination of Department of Defense civil support requirements.CommentsClose CommentsPermalink
Subtitle B--Additional Reserve Component Enhancement
Sec. 1821. United States Northern Command.CommentsClose CommentsPermalink
Sec. 1822. Council of Governors.CommentsClose CommentsPermalink
Sec. 1823. Plan for Reserve Forces Policy Board.CommentsClose CommentsPermalink
Sec. 1824. High-level positions authorized or required to be held by reserve component general or flag officers.CommentsClose CommentsPermalink
Sec. 1825. Retirement age and years of service limitations on certain reserve general and flag officers.CommentsClose CommentsPermalink
Sec. 1826. Additional reporting requirements relating to National Guard equipment.CommentsClose CommentsPermalink
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.CommentsClose CommentsPermalink
Sec. 2002. Expiration of authorizations and amounts required to be specified by law.CommentsClose CommentsPermalink
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2102. Family housing.CommentsClose CommentsPermalink
Sec. 2103. Improvements to military family housing units.CommentsClose CommentsPermalink
Sec. 2104. Authorization of appropriations, Army.CommentsClose CommentsPermalink
Sec. 2105. Termination of authority to carry out fiscal year 2007 Army projects for which funds were not appropriated.CommentsClose CommentsPermalink
Sec. 2106. Technical amendments to Military Construction Authorization Act for Fiscal Year 2007.CommentsClose CommentsPermalink
Sec. 2107. Modification of authority to carry out certain fiscal year 2006 project.CommentsClose CommentsPermalink
Sec. 2108. Extension of authorization of certain fiscal year 2005 project.CommentsClose CommentsPermalink
Sec. 2109. Ground lease, SOUTHCOM headquarters facility, Miami-Doral, Florida.CommentsClose CommentsPermalink
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2202. Family housing.CommentsClose CommentsPermalink
Sec. 2203. Improvements to military family housing units.CommentsClose CommentsPermalink
Sec. 2204. Authorization of appropriations, Navy.CommentsClose CommentsPermalink
Sec. 2205. Termination of authority to carry out fiscal year 2007 Navy projects for which funds were not appropriated.CommentsClose CommentsPermalink
Sec. 2206. Modification of authority to carry out certain fiscal year 2005 project.CommentsClose CommentsPermalink
Sec. 2207. Repeal of authorization for construction of Navy Outlying Landing Field, Washington County, North Carolina.CommentsClose CommentsPermalink
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2302. Family housing.CommentsClose CommentsPermalink
Sec. 2303. Improvements to military family housing units.CommentsClose CommentsPermalink
Sec. 2304. Authorization of appropriations, Air Force.CommentsClose CommentsPermalink
Sec. 2305. Termination of authority to carry out fiscal year 2007 Air Force projects for which funds were not appropriated.CommentsClose CommentsPermalink
Sec. 2306. Modification of authority to carry out certain fiscal year 2006 projects.CommentsClose CommentsPermalink
Sec. 2307. Extension of authorizations of certain fiscal year 2005 projects.CommentsClose CommentsPermalink
Sec. 2308. Extension of authorizations of certain fiscal year 2004 projects.CommentsClose CommentsPermalink
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2402. Energy conservation projects.CommentsClose CommentsPermalink
Sec. 2403. Authorization of appropriations, Defense Agencies.CommentsClose CommentsPermalink
Sec. 2404. Termination or modification of authority to carry out certain fiscal year 2007 Defense Agencies projects.CommentsClose CommentsPermalink
Sec. 2405. Munitions demilitarization facilities, Blue Grass Army Depot, Kentucky, and Pueblo Chemical Activity, Colorado.CommentsClose CommentsPermalink
Sec. 2406. Extension of authorizations of certain fiscal year 2005 projects.CommentsClose CommentsPermalink
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2502. Authorization of appropriations, NATO.CommentsClose CommentsPermalink
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2604. Authorized Air National Guard construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2606. Authorization of appropriations, National Guard and Reserve.CommentsClose CommentsPermalink
Sec. 2607. Termination of authority to carry out fiscal year 2007 Guard and Reserve projects for which funds were not appropriated.CommentsClose CommentsPermalink
Sec. 2608. Modification of authority to carry out fiscal year 2006 Air Force Reserve construction and acquisition projects.CommentsClose CommentsPermalink
Sec. 2609. Extension of authorizations of certain fiscal year 2005 projects.CommentsClose CommentsPermalink
Sec. 2610. Extension of authorizations of certain fiscal year 2004 projects.CommentsClose CommentsPermalink
TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES
Sec. 2701. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 1990.CommentsClose CommentsPermalink
Sec. 2702. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005.CommentsClose CommentsPermalink
Sec. 2703. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 2005.CommentsClose CommentsPermalink
Sec. 2704. Authorized cost and scope of work variations for military construction and military family housing projects related to base closures and realignments.CommentsClose CommentsPermalink
Sec. 2705. Transfer of funds from Department of Defense Base Closure Account 2005 to Department of Defense Housing Funds.CommentsClose CommentsPermalink
Sec. 2706. Comprehensive accounting of funding required to ensure timely implementation of 2005 Defense Base Closure and Realignment Commission recommendations.CommentsClose CommentsPermalink
Sec. 2707. Relocation of units from Roberts United States Army Reserve Center and Navy-Marine Corps Reserve Center, Baton Rouge, Louisiana.CommentsClose CommentsPermalink
Sec. 2708. Acquisition of real property, Fort Belvoir, Virginia, as part of the realignment of the installation.CommentsClose CommentsPermalink
Sec. 2709. Report on availability of traffic infrastructure and facilities to support base realignment.CommentsClose CommentsPermalink
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing Changes
Sec. 2801. Authority to use operation and maintenance funds for construction projects outside the United States.CommentsClose CommentsPermalink
Sec. 2802. Clarification of requirement for authorization of military construction.CommentsClose CommentsPermalink
Sec. 2803. Increase in thresholds for unspecified minor military construction projects.CommentsClose CommentsPermalink
Sec. 2804. Temporary authority to support revitalization of Department of Defense laboratories through unspecified minor military construction projects.CommentsClose CommentsPermalink
Sec. 2805. Extension of authority to accept equalization payments for facility exchanges.CommentsClose CommentsPermalink
Sec. 2806. Modifications of authority to lease military family housing.CommentsClose CommentsPermalink
Sec. 2807. Expansion of authority to exchange reserve component facilities.CommentsClose CommentsPermalink
Sec. 2808. Limitation on use of alternative authority for acquisition and improvement of military housing for privatization of temporary lodging facilities.CommentsClose CommentsPermalink
Sec. 2809. Two-year extension of temporary program to use minor military construction authority for construction of child development centers.CommentsClose CommentsPermalink
Sec. 2810. Report on housing privatization initiatives.CommentsClose CommentsPermalink
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Requirement to report real property transactions resulting in annual costs of more than $750,000.CommentsClose CommentsPermalink
Sec. 2822. Continued consolidation of real property provisions without substantive change.CommentsClose CommentsPermalink
Sec. 2823. Modification of authority to lease non-excess property of the military departments.CommentsClose CommentsPermalink
Sec. 2824. Cooperative agreement authority for management of cultural resources on certain sites outside military installations.CommentsClose CommentsPermalink
Sec. 2825. Agreements to limit encroachments and other constraints on military training, testing, and operations.CommentsClose CommentsPermalink
Sec. 2826. Expansion to all military departments of Army pilot program for purchase of certain municipal services for military installations.CommentsClose CommentsPermalink
Sec. 2827. Prohibition on commercial flights into Selfridge Air National Guard Base.CommentsClose CommentsPermalink
Sec. 2828. Sense of Congress on Department of Defense actions to protect installations, ranges, and military airspace from encroachment.CommentsClose CommentsPermalink
Sec. 2829. Reports on Army and Marine Corps operational ranges.CommentsClose CommentsPermalink
Sec. 2830. Niagara Air Reserve Base, New York, basing report.CommentsClose CommentsPermalink
Sec. 2831. Report on the Pinon Canyon Maneuver Site, Colorado.CommentsClose CommentsPermalink
Subtitle C--Land Conveyances
Sec. 2841. Modification of conveyance authority, Marine Corps Base, Camp Pendleton, California.CommentsClose CommentsPermalink
Sec. 2842. Grant of easement, Eglin Air Force Base, Florida.CommentsClose CommentsPermalink
Sec. 2843. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida.CommentsClose CommentsPermalink
Sec. 2844. Modification of lease of property, National Flight Academy at the National Museum of Naval Aviation, Naval Air Station, Pensacola, Florida.CommentsClose CommentsPermalink
Sec. 2845. Land exchange, Detroit, Michigan.CommentsClose CommentsPermalink
Sec. 2846. Transfer of jurisdiction, former Nike missile site, Grosse Ile, Michigan.CommentsClose CommentsPermalink
Sec. 2847. Modification to land conveyance authority, Fort Bragg, North Carolina.CommentsClose CommentsPermalink
Sec. 2848. Land conveyance, Lewis and Clark United States Army Reserve Center, Bismarck, North Dakota.CommentsClose CommentsPermalink
Sec. 2849. Land exchange, Fort Hood, Texas.CommentsClose CommentsPermalink
Subtitle D--Energy Security
Sec. 2861. Repeal of congressional notification requirement regarding cancellation ceiling for Department of Defense energy savings performance contracts.CommentsClose CommentsPermalink
Sec. 2862. Definition of alternative fueled vehicle.CommentsClose CommentsPermalink
Sec. 2863. Use of energy efficient lighting fixtures and bulbs in Department of Defense facilities.CommentsClose CommentsPermalink
Sec. 2864. Reporting requirements relating to renewable energy use by Department of Defense to meet Department electricity needs.CommentsClose CommentsPermalink
Subtitle E--Other Matters
Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to Arlington National Cemetery.CommentsClose CommentsPermalink
Sec. 2872. Transfer of jurisdiction over Air Force Memorial to Department of the Air Force.CommentsClose CommentsPermalink
Sec. 2873. Report on plans to replace the monument at the Tomb of the Unknowns at Arlington National Cemetery, Virginia.CommentsClose CommentsPermalink
Sec. 2874. Increased authority for repair, restoration, and preservation of Lafayette Escadrille Memorial, Marnes-la-Coquette, France.CommentsClose CommentsPermalink
Sec. 2875. Addition of Woonsocket local protection project.CommentsClose CommentsPermalink
Sec. 2876. Repeal of moratorium on improvements at Fort Buchanan, Puerto Rico.CommentsClose CommentsPermalink
Sec. 2877. Establishment of national military working dog teams monument on suitable military installation.CommentsClose CommentsPermalink
Sec. 2878. Report required prior to removal of missiles from 564th Missile Squadron.CommentsClose CommentsPermalink
Sec. 2879. Report on condition of schools under jurisdiction of Department of Defense Education Activity.CommentsClose CommentsPermalink
Sec. 2880. Report on facilities and operations of Darnall Army Medical Center, Fort Hood Military Reservation, Texas.CommentsClose CommentsPermalink
Sec. 2881. Report on feasibility of establishing a regional disaster response center at Kelly Air Field, San Antonio, Texas.CommentsClose CommentsPermalink
Sec. 2882. Naming of housing facility at Fort Carson, Colorado, in honor of the Honorable Joel Hefley, a former member of the United States House of Representatives.CommentsClose CommentsPermalink
Sec. 2883. Naming of Navy and Marine Corps Reserve Center at Rock Island, Illinois, in honor of the Honorable Lane Evans, a former member of the United States House of Representatives.CommentsClose CommentsPermalink
Sec. 2884. Naming of research laboratory at Air Force Rome Research Site, Rome, New York, in honor of the Honorable Sherwood L. Boehlert, a former member of the United States House of Representatives.CommentsClose CommentsPermalink
Sec. 2885. Naming of administration building at Joint Systems Manufacturing Center, Lima, Ohio, in honor of the Honorable Michael G. Oxley, a former member of the United States House of Representatives.CommentsClose CommentsPermalink
Sec. 2886. Naming of Logistics Automation Training Facility, Army Quartermaster Center and School, Fort Lee, Virginia, in honor of General Richard H. Thompson.CommentsClose CommentsPermalink
Sec. 2887. Authority to relocate Joint Spectrum Center to Fort Meade, Maryland.CommentsClose CommentsPermalink
TITLE XXIX--WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2901. Authorized Army construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2902. Authorized Navy construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2903. Authorized Air Force construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2904. Authorized Defense Agencies construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2905. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005 and related authorization of appropriations.CommentsClose CommentsPermalink
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.CommentsClose CommentsPermalink
Sec. 3102. Defense environmental cleanup.CommentsClose CommentsPermalink
Sec. 3103. Other defense activities.CommentsClose CommentsPermalink
Sec. 3104. Defense nuclear waste disposal.CommentsClose CommentsPermalink
Sec. 3105. Energy security and assurance.CommentsClose CommentsPermalink
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Reliable Replacement Warhead program.CommentsClose CommentsPermalink
Sec. 3112. Nuclear test readiness.CommentsClose CommentsPermalink
Sec. 3113. Modification of reporting requirement.CommentsClose CommentsPermalink
Sec. 3114. Limitation on availability of funds for Fissile Materials Disposition program.CommentsClose CommentsPermalink
Sec. 3115. Modification of limitations on availability of funds for Waste Treatment and Immobilization Plant.CommentsClose CommentsPermalink
Sec. 3116. Modification of sunset date of the Office of the Ombudsman of the Energy Employees Occupational Illness Compensation Program.CommentsClose CommentsPermalink
Sec. 3117. Technical amendments.CommentsClose CommentsPermalink
Subtitle C--Other Matters
Sec. 3121. Study on using existing pits for the Reliable Replacement Warhead program.CommentsClose CommentsPermalink
Sec. 3122. Report on retirement and dismantlement of nuclear warheads.CommentsClose CommentsPermalink
Sec. 3123. Plan for addressing security risks posed to nuclear weapons complex.CommentsClose CommentsPermalink
Sec. 3124. Department of Energy protective forces.CommentsClose CommentsPermalink
Sec. 3125. Evaluation of National Nuclear Security Administration strategic plan for advanced computing.CommentsClose CommentsPermalink
Sec. 3126. Sense of Congress on the nuclear nonproliferation policy of the United States and the Reliable Replacement Warhead program.CommentsClose CommentsPermalink
Sec. 3127. Department of Energy report on plan to strengthen and expand International Radiological Threat Reduction program.CommentsClose CommentsPermalink
Sec. 3128. Department of Energy report on plan to strengthen and expand Materials Protection, Control, and Accounting program.CommentsClose CommentsPermalink
Sec. 3129. Agreements and reports on nuclear forensics capabilities.CommentsClose CommentsPermalink
Sec. 3130. Report on status of environmental management initiatives to accelerate the reduction of environmental risks and challenges posed by the legacy of the Cold War.CommentsClose CommentsPermalink
Subtitle D--Nuclear Terrorism Prevention
Sec. 3131. Definitions.CommentsClose CommentsPermalink
Sec. 3132. Sense of Congress on the prevention of nuclear terrorism.CommentsClose CommentsPermalink
Sec. 3133. Minimum security standard for nuclear weapons and formula quantities of strategic special nuclear material.CommentsClose CommentsPermalink
Sec. 3134. Annual report.CommentsClose CommentsPermalink
TITLE XXXII--WAR-RELATED NATIONAL NUCLEAR SECURITY ADMINISTRATION AUTHORIZATIONS
Sec. 3201. Additional war-related authorization of appropriations for National Nuclear Security Administration.CommentsClose CommentsPermalink
TITLE XXXIII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3301. Authorization.CommentsClose CommentsPermalink
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 3402. Remedial action at Moab uranium milling site.CommentsClose CommentsPermalink
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--Maritime Administration Reauthorization
Sec. 3501. Authorization of appropriations for fiscal year 2008.CommentsClose CommentsPermalink
Sec. 3502. Temporary authority to transfer obsolete combatant vessels to Navy for disposal.CommentsClose CommentsPermalink
Sec. 3503. Vessel disposal program.CommentsClose CommentsPermalink
Subtitle B--Programs
Sec. 3511. Commercial vessel chartering authority.CommentsClose CommentsPermalink
Sec. 3512. Maritime Administration vessel chartering authority.CommentsClose CommentsPermalink
Sec. 3513. Chartering to State and local governmental instrumentalities.CommentsClose CommentsPermalink
Sec. 3514. Disposal of obsolete Government vessels.CommentsClose CommentsPermalink
Sec. 3515. Vessel transfer authority.CommentsClose CommentsPermalink
Sec. 3516. Sea trials for Ready Reserve Force.CommentsClose CommentsPermalink
Sec. 3517. Review of applications for loans and guarantees.CommentsClose CommentsPermalink
Subtitle C--Technical Corrections
Sec. 3521. Personal injury to or death of seamen.CommentsClose CommentsPermalink
Sec. 3522. Amendments to Chapter 537 based on
Sec. 3523. Additional amendments based on
Sec. 3524. Amendments based on
Sec. 3525. Amendments based on
Sec. 3526. Amendments based on
Sec. 3527. Miscellaneous amendments.CommentsClose CommentsPermalink
Sec. 3528. Application of sunset provision to codified provision.CommentsClose CommentsPermalink
Sec. 3529. Additional technical corrections.CommentsClose CommentsPermalink
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term `congressional defense committees' has the meaning given that term in
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.CommentsClose CommentsPermalink
Sec. 102. Navy and Marine Corps.CommentsClose CommentsPermalink
Sec. 103. Air Force.CommentsClose CommentsPermalink
Sec. 104. Defense-wide activities.CommentsClose CommentsPermalink
Sec. 105. National Guard and Reserve equipment.CommentsClose CommentsPermalink
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for M1A2 Abrams System Enhancement Package upgrades.CommentsClose CommentsPermalink
Sec. 112. Multiyear procurement authority for M2A3/M3A3 Bradley fighting vehicle upgrades.CommentsClose CommentsPermalink
Sec. 113. Multiyear procurement authority for conversion of CH-47D helicopters to CH-47F configuration.CommentsClose CommentsPermalink
Sec. 114. Multiyear procurement authority for CH-47F helicopters.CommentsClose CommentsPermalink
Sec. 115. Limitation on use of funds for Increment 1 of the Warfighter Information Network-Tactical program pending certification to Congress.CommentsClose CommentsPermalink
Sec. 116. Prohibition on closure of Army Tactical Missile System production line pending report.CommentsClose CommentsPermalink
Sec. 117. Stryker Mobile Gun System.CommentsClose CommentsPermalink
Subtitle C--Navy Programs
Sec. 121. Multiyear procurement authority for Virginia-class submarine program.CommentsClose CommentsPermalink
Sec. 122. Report on shipbuilding investment strategy.CommentsClose CommentsPermalink
Sec. 123. Sense of Congress on the preservation of a skilled United States shipyard workforce.CommentsClose CommentsPermalink
Sec. 124. Assessments required prior to start of construction on first ship of a shipbuilding program.CommentsClose CommentsPermalink
Sec. 125. Littoral Combat Ship (LCS) program.CommentsClose CommentsPermalink
Subtitle D--Air Force Programs
Sec. 131. Limitation on Joint Cargo Aircraft.CommentsClose CommentsPermalink
Sec. 132. Clarification of limitation on retirement of U-2 aircraft.CommentsClose CommentsPermalink
Sec. 133. Repeal of requirement to maintain retired C-130E tactical aircraft.CommentsClose CommentsPermalink
Sec. 134. Limitation on retirement of C-130E/H tactical airlift aircraft.CommentsClose CommentsPermalink
Sec. 135. Limitation on retirement of KC-135E aerial refueling aircraft.CommentsClose CommentsPermalink
Sec. 136. Transfer to Government of Iraq of three C-130E tactical airlift aircraft.CommentsClose CommentsPermalink
Sec. 137. Modification of limitations on retirement of B-52 bomber aircraft.CommentsClose CommentsPermalink
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Army as follows:CommentsClose CommentsPermalink
(1) For aircraft, $4,168,798,000.CommentsClose CommentsPermalink
(2) For missiles, $1,911,979,000.CommentsClose CommentsPermalink
(3) For weapons and tracked combat vehicles, $3,007,489,000.CommentsClose CommentsPermalink
(4) For ammunition, $2,214,576,000.CommentsClose CommentsPermalink
(5) For other procurement, $12,451,312,000.CommentsClose CommentsPermalink
(6) For the Joint Improvised Explosive Device Defeat Fund, $228,000,000.CommentsClose CommentsPermalink
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy- Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Navy as follows:CommentsClose CommentsPermalink
(1) For aircraft, $12,432,644,000.CommentsClose CommentsPermalink
(2) For weapons, including missiles and torpedoes, $3,068,187,000.CommentsClose CommentsPermalink
(3) For shipbuilding and conversion, $13,596,120,000.CommentsClose CommentsPermalink
(4) For other procurement, $5,209,330,000.CommentsClose CommentsPermalink
(b) Marine Corps- Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Marine Corps in the amount of $2,299,419,000.CommentsClose CommentsPermalink
(c) Navy and Marine Corps Ammunition- Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement of ammunition for the Navy and the Marine Corps in the amount of $1,058,832,000.CommentsClose CommentsPermalink
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Air Force as follows:CommentsClose CommentsPermalink
(1) For aircraft, $12,117,800,000.CommentsClose CommentsPermalink
(2) For ammunition, $854,167,000.CommentsClose CommentsPermalink
(3) For missiles, $4,984,102,000.CommentsClose CommentsPermalink
(4) For other procurement, $15,405,832,000.CommentsClose CommentsPermalink
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2008 for Defense-wide procurement in the amount of $3,280,435,000.CommentsClose CommentsPermalink
SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the procurement of aircraft, missiles, wheeled and tracked combat vehicles, tactical wheeled vehicles, ammunition, other weapons, and other procurement for the reserve components of the Armed Forces in the amount of $980,000,000.CommentsClose CommentsPermalink
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR M1A2 ABRAMS SYSTEM ENHANCEMENT PACKAGE UPGRADES.
The Secretary of the Army, in accordance with
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR M2A3/M3A3 BRADLEY FIGHTING VEHICLE UPGRADES.
The Secretary of the Army, in accordance with
SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR CONVERSION OF CH-47D HELICOPTERS TO CH-47F CONFIGURATION.
The Secretary of the Army may, in accordance with
SEC. 114. MULTIYEAR PROCUREMENT AUTHORITY FOR CH-47F HELICOPTERS.
The Secretary of the Army may, in accordance with
SEC. 115. LIMITATION ON USE OF FUNDS FOR INCREMENT 1 OF THE WARFIGHTER INFORMATION NETWORK-TACTICAL PROGRAM PENDING CERTIFICATION TO CONGRESS.
(a) Funding Restricted- Of the amounts appropriated pursuant to an authorization of appropriations for fiscal year 2008 or otherwise made available for Other Procurement, Army, that are available for Increment 1 of the Warfighter Information Network-Tactical program, not more than 50 percent may be obligated or expended until the Director of Operational Test and Evaluation submits to the congressional defense committees a certification, in writing, that the Director of Operational Test and Evaluation has approved a Test and Evaluation Master Plan and Initial Operational Test Plan for Increment 1 of the Warfighter Information Network-Tactical program.CommentsClose CommentsPermalink
(b) Increment 1 Defined- For the purposes of this section, Increment 1 of the Warfighter Information Network-Tactical program includes all program elements described as constituting `Increment 1' in the memorandum titled `Warfighter Information Network-Tactical (WIN-T) Program Acquisition Decision Memorandum', dated June 5, 2007, and signed by the Under Secretary of Defense for Acquisition, Technology, and Logistics.CommentsClose CommentsPermalink
SEC. 116. PROHIBITION ON CLOSURE OF ARMY TACTICAL MISSILE SYSTEM PRODUCTION LINE PENDING REPORT.
(a) Prohibition- Amounts appropriated pursuant to the authorization of appropriations in section 101(2) for missiles, Army, and in section 1502(4) for missile procurement, Army, and any other appropriated funds available to the Secretary of the Army may not be used to close the production line for the Army Tactical Missile System program until after the date on which the Secretary of the Army submits to the congressional defense committees a report that contains--CommentsClose CommentsPermalink
(1) the certification of the Secretary that the long range surface-to-surface strike and counter battery mission of the Army can be adequately performed by other Army weapons systems or by other elements of the Armed Forces; andCommentsClose CommentsPermalink
(2) a plan to mitigate any shortfalls in the industrial base that would be created by the closure of the production line.CommentsClose CommentsPermalink
(b) Submission of Report- The report referred to in subsection (a) is required not later than April 1, 2008.CommentsClose CommentsPermalink
SEC. 117. STRYKER MOBILE GUN SYSTEM.
(a) Limitation on Availability of Funds- None of the amounts authorized to be appropriated by sections 101(3) and 1501(3) for procurement of weapons and tracked combat vehicles for the Army may be obligated or expended for purposes of the procurement of the Stryker Mobile Gun System until 30 days after the date on which the Secretary of the Army certifies to Congress that the Stryker Mobile Gun System is operationally effective, suitable, and survivable for its anticipated deployment missions.CommentsClose CommentsPermalink
(b) Waiver- The Secretary of Defense may waive the limitation in subsection (a) if the Secretary--CommentsClose CommentsPermalink
(1) determines that further procurement of the Stryker Mobile Gun System utilizing amounts referred to in subsection (a) is in the national security interest of the United States notwithstanding the inability of the Secretary of the Army to make the certification required by that subsection; andCommentsClose CommentsPermalink
(2) submits to the Congress, in writing, a notification of the waiver together with a discussion of--CommentsClose CommentsPermalink
(A) the reasons for the determination described in paragraph (1); andCommentsClose CommentsPermalink
(B) the actions that will be taken to mitigate any deficiencies that cause the Stryker Mobile Gun System not to be operationally effective, suitable, or survivable, as that case may be, as described in subsection (a).CommentsClose CommentsPermalink
Subtitle C--Navy Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA-CLASS SUBMARINE PROGRAM.
(a) Authority- The Secretary of the Navy may, in accordance with
(b) Limitation- The Secretary may not enter into a contract authorized by subsection (a) until--CommentsClose CommentsPermalink
(1) the Secretary submits to the congressional defense committees a certification that the Secretary has made, with respect to that contract, each of the findings required by subsection (a) of
(2) a period of 30 days has elapsed after the date of the transmission of such certification.CommentsClose CommentsPermalink
SEC. 122. REPORT ON SHIPBUILDING INVESTMENT STRATEGY.
(a) Study Required- The Secretary of the Navy shall provide for a study to determine the effectiveness of current financing mechanisms for providing incentives for contractors to make shipbuilding capital expenditures, and to assess potential capital expenditure incentives that would lead to ship construction or life-cycle cost savings to the Federal Government. The study shall examine--CommentsClose CommentsPermalink
(1) potential improvements in design tools and techniques, material management, technology insertion, systems integration and testing, and other key processes and functions that would lead to reduced construction costs;CommentsClose CommentsPermalink
(2) construction process improvements that would reduce procurement and life-cycle costs of the vessels under construction at the contractor's facilities; andCommentsClose CommentsPermalink
(3) incentives for investment in shipyard infrastructure that support construction process improvements.CommentsClose CommentsPermalink
(b) Report- Not later than October 1, 2008, the Secretary of the Navy shall submit to the congressional defense committees a report providing the results of the study under subsection (a). The report shall include each of the following:CommentsClose CommentsPermalink
(1) An assessment of the shipbuilding industrial base, as measured by a 10-year history for major shipbuilders with respect to--CommentsClose CommentsPermalink
(A) estimated value of shipbuilding facilities;CommentsClose CommentsPermalink
(B) critical shipbuilding capabilities;CommentsClose CommentsPermalink
(C) capital expenditures;CommentsClose CommentsPermalink
(D) major investments in process improvements; andCommentsClose CommentsPermalink
(E) costs for related Navy shipbuilding projects.CommentsClose CommentsPermalink
(2) A description of mechanisms available to the Government and industry to finance facilities and process improvements, including--CommentsClose CommentsPermalink
(A) contract incentive and award fees;CommentsClose CommentsPermalink
(B) facilities capital cost of money;CommentsClose CommentsPermalink
(C) facilities depreciation;CommentsClose CommentsPermalink
(D) progress payment provisions;CommentsClose CommentsPermalink
(E) other contract terms and conditions;CommentsClose CommentsPermalink
(F) State and Federal tax provisions and tax incentives;CommentsClose CommentsPermalink
(G) the National Shipbuilding Research Program; andCommentsClose CommentsPermalink
(H) any other mechanisms available.CommentsClose CommentsPermalink
(3) A summary of potential shipbuilding investments that offer greatest reduction to shipbuilding costs, including, for each such investment--CommentsClose CommentsPermalink
(A) a project description;CommentsClose CommentsPermalink
(B) an estimate of required investment;CommentsClose CommentsPermalink
(C) the estimated return on investment; andCommentsClose CommentsPermalink
(D) alternatives for financing the investment.CommentsClose CommentsPermalink
(4) The Navy's strategy for providing incentives for contractors' capital expenditures that would lead to ship construction or life-cycle savings to the Federal Government, including identification of any specific changes in legislative authority that would be required for the Secretary to execute this strategy.CommentsClose CommentsPermalink
(c) Utilization of Other Studies and Outside Experts- The study shall build upon the results of the 2005 and 2006 Global Shipbuilding Industrial Base Benchmarking studies. Financial analysis associated with the report shall be conducted in consultation with financial experts independent of the Department of Defense.CommentsClose CommentsPermalink
SEC. 123. SENSE OF CONGRESS ON THE PRESERVATION OF A SKILLED UNITED STATES SHIPYARD WORKFORCE.
(a) Sense of Congress- It is the sense of Congress that the preservation of a robust domestic skilled workforce is required for the national shipbuilding infrastructure and particularly essential to the construction of ships for the United States Navy.CommentsClose CommentsPermalink
(b) Study Required-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of the Navy shall determine, on a one-time, non-recurring basis, and in consultation with the Department of Labor, the average number of H2B visa workers employed by the major shipbuilders in the construction of United States Navy ships during the calendar year ending December 31, 2007. The study shall also identify the number of workers petitioned by the major shipbuilders for use in calendar year 2008, as of the first quarter of calendar year 2008.CommentsClose CommentsPermalink
(2) REPORT- Not later than April 1, 2008, the Secretary of the Navy shall submit to the congressional defense committees a report containing the results of the study required by subsection (b).CommentsClose CommentsPermalink
(3) DEFINITIONS- In this paragraph--CommentsClose CommentsPermalink
(A) the term `major shipbuilder' means a prime contractor or a first-tier subcontractor responsible for delivery of combatant and support vessels required for the naval vessel force, as reported within the annual naval vessel construction plan required by
(B) the term `H2B visa' means a non-immigrant visa program that permits employers to hire foreign workers to come temporarily to the United States and perform temporary non-agricultural services or labor on a one-time, seasonal, peakload, or intermittent basis.CommentsClose CommentsPermalink
SEC. 124. ASSESSMENTS REQUIRED PRIOR TO START OF CONSTRUCTION ON FIRST SHIP OF A SHIPBUILDING PROGRAM.
(a) In General- Concurrent with approving the start of construction of the first ship for any major shipbuilding program, the Secretary of the Navy shall--CommentsClose CommentsPermalink
(1) submit a report to the congressional defense committees on the results of any production readiness review; andCommentsClose CommentsPermalink
(2) certify to the congressional defense committees that the findings of any such review support commencement of construction.CommentsClose CommentsPermalink
(b) Report- The report required by subsection (a)(1) shall include, at a minimum, an assessment of each of the following:CommentsClose CommentsPermalink
(1) The maturity of the ship's design, as measured by stability of the ship contract specifications and the degree of completion of detail design and production design drawings.CommentsClose CommentsPermalink
(2) The maturity of developmental command and control systems, weapon and sensor systems, and hull, mechanical and electrical systems.CommentsClose CommentsPermalink
(3) The readiness of the shipyard facilities and workforce to begin construction.CommentsClose CommentsPermalink
(4) The Navy's estimated cost at completion and the adequacy of the budget to support the estimate.CommentsClose CommentsPermalink
(5) The Navy's estimated delivery date and description of any variance to the contract delivery date.CommentsClose CommentsPermalink
(6) The extent to which adequate processes and metrics are in place to measure and manage program risks.CommentsClose CommentsPermalink
(c) Applicability- This section applies to each major shipbuilding program beginning after the date of the enactment of this Act.CommentsClose CommentsPermalink
(d) Definitions- For the purposes of subsection (a):CommentsClose CommentsPermalink
(1) START OF CONSTRUCTION- The term `start of construction' means the beginning of fabrication of the hull and superstructure of the ship.CommentsClose CommentsPermalink
(2) FIRST SHIP- The term `first ship' applies to a ship if--CommentsClose CommentsPermalink
(A) the ship is the first ship to be constructed under that shipbuilding program; orCommentsClose CommentsPermalink
(B) the shipyard at which the ship is to be constructed has not previously started construction on a ship under that shipbuilding program.CommentsClose CommentsPermalink
(3) MAJOR SHIPBUILDING PROGRAM- The term `major shipbuilding program' means a program for the construction of combatant and support vessels required for the naval vessel force, as reported within the annual naval vessel construction plan required by
(4) PRODUCTION READINESS REVIEW- The term `production readiness review' means a formal examination of a program prior to the start of construction to determine if the design is ready for production, production engineering problems have been resolved, and the producer has accomplished adequate planning for the production phase.CommentsClose CommentsPermalink
SEC. 125. LITTORAL COMBAT SHIP (LCS) PROGRAM.
Section 124 of the National Defense Authorization Act for Fiscal Year 2006 (
`(a) Limitation of Costs-CommentsClose CommentsPermalink
`(1) IN GENERAL- The total amount obligated or expended for the procurement costs of post-2007 LCS vessels shall not exceed $460,000,000 per vessel.CommentsClose CommentsPermalink
`(2) PROCUREMENT COSTS- For purposes of this section, procurement costs shall include all costs for plans, basic construction, change orders, electronics, ordnance, contractor support, and other costs associated with completion of production drawings, ship construction, test, and delivery, including work performed post-delivery that is required to meet original contract requirements.CommentsClose CommentsPermalink
`(3) Post-2007 LCS VESSELS- For purposes of this section, the term `post-2007 LCS vessel' means a vessel in the Littoral Combat Ship (LCS) class of vessels, the procurement of which is funded from amounts appropriated pursuant to an authorization of appropriations or otherwise made available for fiscal year 2008 or any fiscal year thereafter.CommentsClose CommentsPermalink
`(b) Contract Type- The Secretary of the Navy shall employ a fixed-price type contract for construction of post-2007 LCS vessels.CommentsClose CommentsPermalink
`(c) Limitation of Government Liability- The Secretary of the Navy shall not enter into a contract, or modify a contract, for construction or final delivery of post-2007 LCS vessels if the limitation of the Government's cost liability, when added to the sum of other budgeted procurement costs, would exceed $460,000,000 per vessel.CommentsClose CommentsPermalink
`(d) Adjustment of Limitation Amount- The Secretary of the Navy may adjust the amount set forth in subsections (a)(1) and (c) for vessels referred to in such subsections by the following:CommentsClose CommentsPermalink
`(1) The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local laws enacted after September 30, 2007.CommentsClose CommentsPermalink
`(2) The amounts of outfitting costs and costs required to complete post-delivery test and trials.'.CommentsClose CommentsPermalink
Subtitle D--Air Force Programs
SEC. 131. LIMITATION ON JOINT CARGO AIRCRAFT.
No funds appropriated pursuant to an authorization of appropriations or otherwise made available for procurement, or for research, development, test, and evaluation, may be obligated or expended for the Joint Cargo Aircraft until 30 days after the Secretary of Defense submits to the congressional defense committees each of the following:CommentsClose CommentsPermalink
(1) The Air Force Air Mobility Command's Airlift Mobility Roadmap.CommentsClose CommentsPermalink
(2) The Department of Defense Intra-Theater Airlift Capabilities Study.CommentsClose CommentsPermalink
(3) The Department of Defense Joint Intra-Theater Distribution Assessment.CommentsClose CommentsPermalink
(4) The Joint Cargo Aircraft Functional Area Series Analysis.CommentsClose CommentsPermalink
(5) The Joint Cargo Aircraft Analysis of Alternatives.CommentsClose CommentsPermalink
(6) The Joint Intra-Theater Airlift Fleet Mix Analysis.CommentsClose CommentsPermalink
(7) The Secretary's certification that--CommentsClose CommentsPermalink
(A) there is, within the Department of the Army, Department of the Air Force, Army National Guard, or Air National Guard, a capability gap or shortfall with respect to intra-theater airlift; andCommentsClose CommentsPermalink
(B) validated requirements exist to fill that gap or shortfall through procurement of the Joint Cargo Aircraft.CommentsClose CommentsPermalink
SEC. 132. CLARIFICATION OF LIMITATION ON RETIREMENT OF U-2 AIRCRAFT.
Section 133(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking `After fiscal year 2007' and inserting `For each fiscal year after fiscal year 2007'; andCommentsClose CommentsPermalink
(B) by inserting after `Secretary of Defense' the following: `, in that fiscal year,'; andCommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) by inserting after `Department of Defense' the following: `in a fiscal year'; andCommentsClose CommentsPermalink
(B) by inserting after `Congress' the following: `in that fiscal year'.CommentsClose CommentsPermalink
SEC. 133. REPEAL OF REQUIREMENT TO MAINTAIN RETIRED C-130E TACTICAL AIRCRAFT.
(a) In General- Effective as of the date specified in subsection (b), section 137(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(b) Specified Date- The date specified in this subsection is the date that is 30 days after the date on which the Secretary of the Air Force submits to the congressional defense committees the Fleet Mix Analysis Study.CommentsClose CommentsPermalink
SEC. 134. LIMITATION ON RETIREMENT OF C-130E/H TACTICAL AIRLIFT AIRCRAFT.
(a) General Prohibition- The Secretary of the Air Force may not retire C-130E/H tactical airlift aircraft during fiscal year 2008, except as provided in subsection (b).CommentsClose CommentsPermalink
(b) Contingent Authority to Retire Certain C-130E Aircraft- Effective as of the date specified in subsection (d), subsection (a) shall not apply to C-130E tactical airlift aircraft, and the number of such aircraft retired by the Secretary of the Air Force during fiscal year 2008 may not exceed 24.CommentsClose CommentsPermalink
(c) Treatment of Retired Aircraft- The Secretary of the Air Force shall maintain each C-130E tactical airlift aircraft that is retired during fiscal year 2008 in a condition that would allow recall of that aircraft to future service.CommentsClose CommentsPermalink
(d) Specified Date- The date specified in this subsection is the date that is 30 days after the date on which the Secretary of the Air Force submits to the congressional defense committees the Fleet Mix Analysis Study.CommentsClose CommentsPermalink
SEC. 135. LIMITATION ON RETIREMENT OF KC-135E AERIAL REFUELING AIRCRAFT.
(a) Limitation on Retirement of More Than 48 Aircraft- The Secretary of the Air Force may not retire more than 48 KC-135E aerial refueling aircraft of the Air Force during fiscal year 2008, except as provided in subsection (b).CommentsClose CommentsPermalink
(b) Contingent Authority to Retire 37 Additional Aircraft- Effective as of the date specified in subsection (c), the number of such aircraft retired by the Secretary of the Air Force during fiscal year 2008 may not exceed 85.CommentsClose CommentsPermalink
(c) Specified Date- The date specified in this subsection is the date that is 15 days after the date on which the Secretary of the Air Force submits to the congressional defense committees the Secretary's certification that--CommentsClose CommentsPermalink
(1) the system design and development contract for the KC-X program has been awarded; andCommentsClose CommentsPermalink
(2) if a protest is submitted pursuant to subchapter 5 of title 31, United States Code--CommentsClose CommentsPermalink
(A) the protest has been resolved in favor of the Federal agency; orCommentsClose CommentsPermalink
(B) the Secretary has authorized performance of the contract (notwithstanding the protest).CommentsClose CommentsPermalink
SEC. 136. TRANSFER TO GOVERNMENT OF IRAQ OF THREE C-130E TACTICAL AIRLIFT AIRCRAFT.
The Secretary of the Air Force may transfer not more than 3 C-130E tactical airlift aircraft, allowed to be retired under the John Warner National Defense Authorization Act for Fiscal Year 2007 (
SEC. 137. MODIFICATION OF LIMITATIONS ON RETIREMENT OF B-52 BOMBER AIRCRAFT.
(a) Maintenance of Primary, Backup, and Attrition Reserve Inventory of Aircraft- Subsection (a) of section 131 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking `and' at the end;CommentsClose CommentsPermalink
(B) in subparagraph (B), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(C) shall maintain in a common capability configuration a primary aircraft inventory of not less than 63 such aircraft, a backup aircraft inventory of not less than 11 such aircraft, and an attrition reserve aircraft inventory of not less than 2 such aircraft; andCommentsClose CommentsPermalink
`(D) shall not keep any such aircraft referred to in subparagraph (C) in a status considered excess to the requirements of the possessing command and awaiting disposition instructions.'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(3) DEFINITIONS- For purposes of paragraph (1):CommentsClose CommentsPermalink
`(A) The term `primary aircraft inventory' means aircraft assigned to meet the primary aircraft authorization to--CommentsClose CommentsPermalink
`(i) a unit for the performance of its wartime mission;CommentsClose CommentsPermalink
`(ii) a training unit primarily for technical and specialized training for crew personnel or leading to aircrew qualification;CommentsClose CommentsPermalink
`(iii) a test unit for testing of the aircraft or its components for purposes of research, development, test and evaluation, operational test and evaluation, or to support testing programs; orCommentsClose CommentsPermalink
`(iv) meet requirements for special missions not elsewhere classified.CommentsClose CommentsPermalink
`(B) The term `backup aircraft inventory' means aircraft above the primary aircraft inventory to permit scheduled and unscheduled depot level maintenance, modifications, inspections, and repairs, and certain other mitigating circumstances without reduction of aircraft available for the assigned mission.CommentsClose CommentsPermalink
`(C) The term `attrition reserve aircraft inventory' means aircraft required to replace anticipated losses of primary aircraft inventory due to peacetime accidents or wartime attrition.CommentsClose CommentsPermalink
`(4) TREATMENT OF RETIRED AIRCRAFT- Of the aircraft retired in accordance with paragraph (1)(A), the Secretary of the Air Force may use not more than 2 such aircraft for maintenance ground training.'.CommentsClose CommentsPermalink
(b) Notice of Retirement- Subsection (b)(1) of such section is amended by striking `45 days' and inserting `60 days'.CommentsClose CommentsPermalink
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 202. Amount for defense science and technology.CommentsClose CommentsPermalink
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Operational test and evaluation of Future Combat Systems network.CommentsClose CommentsPermalink
Sec. 212. Limitation on use of funds for systems development and demonstration of Joint Light Tactical Vehicle Program.CommentsClose CommentsPermalink
Sec. 213. Requirement to obligate and expend funds for development and procurement of a competitive propulsion system for the Joint Strike Fighter.CommentsClose CommentsPermalink
Sec. 214. Limitation on use of funds for defense-wide manufacturing science and technology program.CommentsClose CommentsPermalink
Sec. 215. Advanced Sensor Applications Program.CommentsClose CommentsPermalink
Sec. 216. Active protection systems.CommentsClose CommentsPermalink
Subtitle C--Ballistic Missile Defense
Sec. 221. Participation of Director, Operational Test and Evaluation, in missile defense test and evaluation activities.CommentsClose CommentsPermalink
Sec. 222. Study on future roles and missions of the Missile Defense Agency.CommentsClose CommentsPermalink
Sec. 223. Budget and acquisition requirements for Missile Defense Agency activities.CommentsClose CommentsPermalink
Sec. 224. Limitation on use of funds for replacing warhead on SM-3 Block IIA missile.CommentsClose CommentsPermalink
Sec. 225. Extension of Comptroller General assessments of ballistic missile defense programs.CommentsClose CommentsPermalink
Sec. 226. Limitation on availability of funds for procurement, construction, and deployment of missile defenses in Europe.CommentsClose CommentsPermalink
Sec. 227. Sense of Congress on missile defense cooperation with Israel.CommentsClose CommentsPermalink
Sec. 228. Limitation on availability of funds for deployment of missile defense interceptors in Alaska.CommentsClose CommentsPermalink
Sec. 229. Policy of the United States on protection of the United States and its allies against Iranian ballistic missiles.CommentsClose CommentsPermalink
Subtitle D--Other Matters
Sec. 231. Coordination of human systems integration activities related to acquisition programs.CommentsClose CommentsPermalink
Sec. 232. Expansion of authority for provision of laboratory facilities, services, and equipment.CommentsClose CommentsPermalink
Sec. 233. Modification of cost sharing requirement for Technology Transition Initiative.CommentsClose CommentsPermalink
Sec. 234. Report on implementation of Manufacturing Technology Program.CommentsClose CommentsPermalink
Sec. 235. Assessment of sufficiency of test and evaluation personnel.CommentsClose CommentsPermalink
Sec. 236. Repeal of requirement for separate reports on technology area review and assessment summaries.CommentsClose CommentsPermalink
Sec. 237. Modification of notice and wait requirement for obligation of funds for foreign comparative test program.CommentsClose CommentsPermalink
Sec. 238. Strategic Plan for the Manufacturing Technology Program.CommentsClose CommentsPermalink
Sec. 239. Modification of authorities on coordination of Defense Experimental Program to Stimulate Competitive Research with similar Federal programs.CommentsClose CommentsPermalink
Sec. 240. Enhancement of defense nanotechnology research and development program.CommentsClose CommentsPermalink
Sec. 241. Federally funded research and development center assessment of the Defense Experimental Program to Stimulate Competitive Research.CommentsClose CommentsPermalink
Sec. 242. Cost-benefit analysis of proposed funding reduction for High Energy Laser Systems Test Facility.CommentsClose CommentsPermalink
Sec. 243. Prompt global strike.CommentsClose CommentsPermalink
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Department of Defense for research, development, test, and evaluation as follows:CommentsClose CommentsPermalink
(1) For the Army, $10,840,392,000.CommentsClose CommentsPermalink
(2) For the Navy, $16,980,732,000.CommentsClose CommentsPermalink
(3) For the Air Force, $25,692,521,000.CommentsClose CommentsPermalink
(4) For Defense-wide activities, $20,213,900,000, of which $180,264,000 is authorized for the Director of Operational Test and Evaluation.CommentsClose CommentsPermalink
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) Fiscal Year 2008- Of the amounts authorized to be appropriated by section 201, $10,913,944,000 shall be available for the Defense Science and Technology Program, including basic research, applied research, and advanced technology development projects.CommentsClose CommentsPermalink
(b) Basic Research, Applied Research, and Advanced Technology Development Defined- For purposes of this section, the term `basic research, applied research, and advanced technology development' means work funded in program elements for defense research and development under Department of Defense budget activity 1, 2, or 3.CommentsClose CommentsPermalink
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. OPERATIONAL TEST AND EVALUATION OF FUTURE COMBAT SYSTEMS NETWORK.
(a) Operational Test and Evaluation Required- The Secretary of the Army, in cooperation with the Director, Operational Test and Evaluation, shall complete an operational test and evaluation (as defined in
(1) be conducted in accordance with a Future Combat Systems Test and Evaluation Master Plan approved by the Director, Operational Test and Evaluation;CommentsClose CommentsPermalink
(2) be conducted using prototype equipment, sensors, and software for the FCS network;CommentsClose CommentsPermalink
(3) be conducted in a manner that simulates a full Future Combat Systems brigade;CommentsClose CommentsPermalink
(4) be conducted, to the maximum extent possible, using actual communications equipment instead of computer simulations;CommentsClose CommentsPermalink
(5) be conducted in a realistic operational electronic warfare environment, including enemy electronic warfare and network attacks; andCommentsClose CommentsPermalink
(6) include, to the maximum extent possible, all sensor information feeds the FCS network is designed to incorporate.CommentsClose CommentsPermalink
(b) FCS Network Defined- In this section, the term `FCS network' includes all sensors, information systems, computers, and communications systems necessary to support Future Combat Systems brigade operations.CommentsClose CommentsPermalink
(c) Report- Not later than 120 days after completing the operational test and evaluation required by subsection (a), the Director, Operational Test and Evaluation shall submit to the congressional defense committees a report on the outcome of the operational test and evaluation. The report shall include, at a minimum--CommentsClose CommentsPermalink
(1) an evaluation of the overall operational effectiveness of the FCS network, including--CommentsClose CommentsPermalink
(A) an evaluation of the FCS network's capability to transmit the volume and classes of data required by Future Combat Systems approved requirements; andCommentsClose CommentsPermalink
(B) an evaluation of the FCS network's performance in a degraded condition due to enemy network attack, sophisticated enemy electronic warfare, adverse weather conditions, and terrain variability;CommentsClose CommentsPermalink
(2) an evaluation of the FCS network's ability to improve friendly force knowledge of the location and capability of enemy forces and combat systems; andCommentsClose CommentsPermalink
(3) an evaluation of the overall operational suitability of the FCS network.CommentsClose CommentsPermalink
(d) Limitation Pending Submission of Report-CommentsClose CommentsPermalink
(1) IN GENERAL- No funds, with the exception of funds for advanced procurement, appropriated pursuant to an authorization of appropriations or otherwise made available to the Department of the Army for any fiscal year may be obligated for low-rate initial production or full-rate production of Future Combat Systems manned ground vehicles until 60 days after the date on which the report is submitted under subsection (c).CommentsClose CommentsPermalink
(2) WAIVER AUTHORITY- The Secretary of Defense may waive the limitation in paragraph (1) if the Secretary determines that such a waiver is critical for national security. Such a waiver shall not become effective until 45 days after the date on which the Secretary submits to the congressional defense committees a written notice of the waiver.CommentsClose CommentsPermalink
(3) INAPPLICABILITY TO THE NON LINE OF SIGHT CANNON VEHICLE- The limitation in paragraph (1) does not apply to the Non Line of Sight Cannon vehicle.CommentsClose CommentsPermalink
SEC. 212. LIMITATION ON USE OF FUNDS FOR SYSTEMS DEVELOPMENT AND DEMONSTRATION OF JOINT LIGHT TACTICAL VEHICLE PROGRAM.
Of the amounts appropriated pursuant to an authorization of appropriations or otherwise made available for the Joint Light Tactical Vehicle Program for the acquisition program phase of systems development and demonstration for fiscal year 2008 or any fiscal year thereafter, no more than 50 percent of those amounts may be obligated or expended until after--CommentsClose CommentsPermalink
(1) the Under Secretary of Defense for Acquisition, Technology, and Logistics, or the appropriate milestone decision authority, makes the certification required by
(2) the certification has been received by the congressional defense committees.CommentsClose CommentsPermalink
SEC. 213. REQUIREMENT TO OBLIGATE AND EXPEND FUNDS FOR DEVELOPMENT AND PROCUREMENT OF A COMPETITIVE PROPULSION SYSTEM FOR THE JOINT STRIKE FIGHTER.
Of the funds appropriated pursuant to an authorization of appropriations or otherwise made available for fiscal year 2008 or any year thereafter, for research, development, test, and evaluation and procurement for the Joint Strike Fighter Program, the Secretary of Defense shall ensure the obligation and expenditure in each such fiscal year of sufficient annual amounts for the continued development and procurement of 2 options for the propulsion system for the Joint Strike Fighter in order to ensure the development and competitive production for the propulsion system for the Joint Strike Fighter.CommentsClose CommentsPermalink
SEC. 214. LIMITATION ON USE OF FUNDS FOR DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM.
No funds available to the Office of the Secretary of Defense for any fiscal year may be obligated or expended for the defense-wide manufacturing science and technology program unless the Director, Defense Research and Engineering, ensures each of the following:CommentsClose CommentsPermalink
(1) A component of the Department of Defense has requested and evaluated--CommentsClose CommentsPermalink
(A) competitive proposals, for each project under the program that is not a project covered by subparagraph (B); andCommentsClose CommentsPermalink
(B) proposals from as many sources as is practicable under the circumstances, for a project under the program if the disclosure of the needs of the Department of Defense with respect to that project would compromise the national security.CommentsClose CommentsPermalink
(2) Each project under the program is carried out--CommentsClose CommentsPermalink
(A) in accordance with the statutory requirements of the Manufacturing Technology Program established by
(B) in compliance with all requirements of any directive that applies to manufacturing technology.CommentsClose CommentsPermalink
(3) An implementation plan has been developed.CommentsClose CommentsPermalink
SEC. 215. ADVANCED SENSOR APPLICATIONS PROGRAM.
(a) Transfer of Funds- (1) Of the amount authorized to be appropriated by section 201(3) for research, development, test, and evaluation, Air Force activities, and made available for the activities of the Intelligence Systems Support Office, an aggregate of $13,000,000 shall be transferred to the Advanced Sensor Applications Program not later than 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) Of the amount authorized to be appropriated by section 301(2) for operation and maintenance, Navy activities, and made available for the activities of the Office of Naval Intelligence, an aggregate of $5,000,000 shall be transferred to the Advanced Sensor Applications Program not later than 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(b) Assignment of Program- Management of the program shall reside within the office of the Under Secretary of Defense for Intelligence until certain conditions specified in the classified annex to the statement of managers accompanying this Act are met. The program shall be executed by the Commander, Naval Air Systems Command in consultation with the Program Executive Officer for Aviation for the Navy.CommentsClose CommentsPermalink
SEC. 216. ACTIVE PROTECTION SYSTEMS.
(a) Live-Fire Tests Required-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Defense shall undertake live-fire tests, of appropriate foreign and domestic active protection systems with size, weight, and power characteristics suitable for protecting wheeled tactical vehicles, especially light wheeled tactical vehicles, in order--CommentsClose CommentsPermalink
(A) to determine the effectiveness of such systems for protecting wheeled tactical vehicles; andCommentsClose CommentsPermalink
(B) to develop information useful in the consideration of the adoption of such systems in defense acquisition programs.CommentsClose CommentsPermalink
(2) REPORTS- Not later than March 1 of each of 2008 and 2009, the Secretary shall submit to the congressional defense committees a report on the results of the tests undertaken under paragraph (1) as of the date of such report.CommentsClose CommentsPermalink
(3) FUNDING- The live-fire tests required by paragraph (1) shall be conducted using funds authorized and appropriated for the Joint Improvised Explosive Device Defeat Fund.CommentsClose CommentsPermalink
(b) Comprehensive Assessment Required-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall undertake a comprehensive assessment of active protection systems in order to develop information useful in the development of joint active protection systems and other defense programs.CommentsClose CommentsPermalink
(2) ELEMENTS- The assessment under paragraph (1) shall include--CommentsClose CommentsPermalink
(A) an identification of the potential merits and operational costs of the use of active protection systems by United States military forces;CommentsClose CommentsPermalink
(B) a characterization of the threats that use of active protection systems by potential adversaries would pose to United States military forces and weapons;CommentsClose CommentsPermalink
(C) an identification and assessment of countermeasures to active protection systems;CommentsClose CommentsPermalink
(D) an analysis of collateral damage potential of active protection systems;CommentsClose CommentsPermalink
(E) an identification and assessment of emerging direct-fire and top-attack threats to defense systems that could potentially deploy active protection systems; andCommentsClose CommentsPermalink
(F) an identification and assessment of critical technology elements of active protection systems.CommentsClose CommentsPermalink
(3) REPORT- Not later than December 31, 2008, the Secretary shall submit to the congressional defense committees a report on the assessment under paragraph (1).CommentsClose CommentsPermalink
Subtitle C--Ballistic Missile Defense
SEC. 221. PARTICIPATION OF DIRECTOR, OPERATIONAL TEST AND EVALUATION, IN MISSILE DEFENSE TEST AND EVALUATION ACTIVITIES.
(1) by redesignating subsections (f) through (j) as subsections (g) through (k), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (e) the following new subsection (f):CommentsClose CommentsPermalink
`(f)(1) The Director of the Missile Defense Agency shall make available to the Director of Operational Test and Evaluation the results of all tests and evaluations conducted by the Missile Defense Agency and of all studies conducted by the Missile Defense Agency in connection with tests and evaluations in the Missile Defense Agency.CommentsClose CommentsPermalink
`(2) The Director of Operational Test and Evaluation may require that such observers as the Director designates be present during the preparation for and the conducting of any test and evaluation conducted by the Missile Defense Agency.CommentsClose CommentsPermalink
`(3) The Director of Operational Test and Evaluation shall have access to all records and data in the Department of Defense (including the records and data of the Missile Defense Agency) that the Director considers necessary to review in order to carry out his duties under this subsection.'.CommentsClose CommentsPermalink
SEC. 222. STUDY ON FUTURE ROLES AND MISSIONS OF THE MISSILE DEFENSE AGENCY.
(a) In General- The Secretary of Defense shall enter into an agreement with 1 of the Federally Funded Research and Development Centers under which the Center shall carry out an independent study to examine, and make recommendations with respect to, the long-term structure, roles, and missions of the Missile Defense Agency.CommentsClose CommentsPermalink
(b) Matters Included-CommentsClose CommentsPermalink
(1) REVIEW- The study shall include a full review of the structure, roles, and missions of the Missile Defense Agency.CommentsClose CommentsPermalink
(2) ASSESSMENTS- The study shall include an examination and assessment of the current and future--CommentsClose CommentsPermalink
(A) structure, roles, and missions of the Missile Defense Agency;CommentsClose CommentsPermalink
(B) relationship of the Missile Defense Agency with--CommentsClose CommentsPermalink
(i) the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics;CommentsClose CommentsPermalink
(ii) the Office of the Under Secretary of Defense for Policy;CommentsClose CommentsPermalink
(iii) the Director of Operational Test and Evaluation;CommentsClose CommentsPermalink
(iv) the Commander of the United States Strategic Command and other combatant commanders;CommentsClose CommentsPermalink
(v) the Joint Requirements Oversight Council; andCommentsClose CommentsPermalink
(vi) the military departments;CommentsClose CommentsPermalink
(C) operations and sustainment of missile defenses;CommentsClose CommentsPermalink
(D) acquisition process for missile defense;CommentsClose CommentsPermalink
(E) requirements process for missile defense; andCommentsClose CommentsPermalink
(F) transition and transfer of missile defense capabilities to the military departments.CommentsClose CommentsPermalink
(3) RECOMMENDATIONS- The study shall include recommendations as to how the Missile Defense Agency can be made more effective to support the needs of the warfighter, especially with regard to near-term missile defense capabilities. The study shall also examine the full range of options for the future of the Missile Defense Agency and shall include, but not be limited to, specific recommendations as to whether--CommentsClose CommentsPermalink
(A) the Missile Defense Agency should be maintained in its current configuration;CommentsClose CommentsPermalink
(B) the scope and nature of the Missile Defense Agency should be changed from an organization focused on research and development to an organization focused on combat support;CommentsClose CommentsPermalink
(C) any functions and responsibilities should be added to the Missile Defense Agency, in part or in whole, from other entities such as the United States Strategic Command and the military departments; andCommentsClose CommentsPermalink
(D) any functions and responsibilities of the Missile Defense Agency should be transferred, in part or in whole, to other entities such as the United States Strategic Command and the military departments.CommentsClose CommentsPermalink
(c) Cooperation From Government- In carrying out the study, the Federally Funded Research and Development Center shall receive the full and timely cooperation of the Secretary of Defense and any other United States Government official in providing the Center with analyses, briefings, and other information necessary for the fulfillment of its responsibilities.CommentsClose CommentsPermalink
(d) Report- Not later than September 1, 2008, the Federally Funded Research and Development Center shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on its findings, conclusions, and recommendations.CommentsClose CommentsPermalink
(e) Funding- Funds for the study shall be provided from amounts appropriated for the Department of Defense.CommentsClose CommentsPermalink
SEC. 223. BUDGET AND ACQUISITION REQUIREMENTS FOR MISSILE DEFENSE AGENCY ACTIVITIES.
(a) Revised Budget Structure- The budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year after fiscal year 2009 (as submitted with the budget of the President under
(1) Research, development, test, and evaluation.CommentsClose CommentsPermalink
(2) Procurement.CommentsClose CommentsPermalink
(3) Operation and maintenance.CommentsClose CommentsPermalink
(4) Military construction.CommentsClose CommentsPermalink
(b) Revised Budget Structure for Fiscal Year 2009- The budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2009 (as submitted with the budget of the President under
(1) identify all known and estimated operation and support costs; andCommentsClose CommentsPermalink
(2) set forth separately amounts requested for the Missile Defense Agency for each of the following:CommentsClose CommentsPermalink
(A) Research, development, test, and evaluation.CommentsClose CommentsPermalink
(B) Procurement or advance procurement of long lead items, including for Terminal High Altitude Area Defense firing units 3 and 4, and for Standard Missile-3 Block 1A interceptors.CommentsClose CommentsPermalink
(C) Military construction.CommentsClose CommentsPermalink
(c) Availability of RDT&E Funds for Fiscal Year 2009- Upon approval by the Secretary of Defense, and consistent with the plan submitted under subsection (f), funds appropriated pursuant to an authorization of appropriations or otherwise made available for fiscal year 2009 for research, development, test, and evaluation for the Missile Defense Agency--CommentsClose CommentsPermalink
(1) may be used for the fielding of ballistic missile defense capabilities approved previously by Congress; andCommentsClose CommentsPermalink
(2) may not be used for--CommentsClose CommentsPermalink
(A) military construction activities; orCommentsClose CommentsPermalink
(B) procurement or advance procurement of long lead items, including for Terminal High Altitude Area Defense firing units 3 and 4, and for Standard Missile-3 Block 1A interceptors.CommentsClose CommentsPermalink
(d) Full Funding Requirement Not Applicable to Use of Procurement Funds for Fiscal Years 2009 and 2010- In any case in which funds appropriated pursuant to an authorization of appropriations or otherwise made available for procurement for the Missile Defense Agency for fiscal years 2009 and 2010 are used for the fielding of ballistic missile defense capabilities, the funds may be used for the fielding of those capabilities on an `incremental' basis, notwithstanding any law or policy of the Department of Defense that would otherwise require a `full funding' basis.CommentsClose CommentsPermalink
(e) Relationship to Other Law- Nothing in this provision shall be construed to alter or otherwise affect in any way the applicability of the requirements and other provisions of section 234(a) through (d) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (
(f) Plan Required- Not later than March 1, 2008, the Director of the Missile Defense Agency shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a plan for transitioning the Missile Defense Agency from using exclusively research, development, test, and evaluation funds to using procurement, military construction, operations and maintenance, and research, development, test, and evaluation funds for the appropriate budget activities, and for transitioning from incremental funding to full funding for fiscal years after fiscal year 2010.CommentsClose CommentsPermalink
(g) Objectives for Acquisition Activities-CommentsClose CommentsPermalink
(1) IN GENERAL- Commencing as soon as practicable, but not later than the submittal to Congress of the budget for the President for fiscal year 2009 under
(A) Improved transparency.CommentsClose CommentsPermalink
(B) Improved accountability.CommentsClose CommentsPermalink
(C) Enhanced oversight.CommentsClose CommentsPermalink
(2) REQUIRED ACTIONS- In order to achieve the objectives specified in paragraph (1), the Missile Defense Agency shall, at a minimum, take actions as follows:CommentsClose CommentsPermalink
(A) Establish acquisition cost, schedule, and performance baselines for each ballistic missile defense system element that--CommentsClose CommentsPermalink
(i) has entered the equivalent of the systems development and demonstration phase of acquisition; orCommentsClose CommentsPermalink
(ii) is being produced and acquired for operational fielding.CommentsClose CommentsPermalink
(B) Provide unit cost reporting data for each ballistic missile defense system element covered by subparagraph (A), and secure independent estimation and verification of such cost reporting data.CommentsClose CommentsPermalink
(C) Include, in the budget justification materials described in subsection (a), a description of actions being taken in the fiscal year in which such materials are submitted, and the actions to be taken in the fiscal year covered by such materials, to achieve such objectives.CommentsClose CommentsPermalink
(3) SPECIFICATION OF BALLISTIC MISSILE DEFENSE SYSTEM ELEMENTS- The ballistic missile defense system elements that, as of October 2007, are ballistic missile defense system elements covered by paragraph (2)(A) are the following elements:CommentsClose CommentsPermalink
(A) Ground-based Midcourse Defense.CommentsClose CommentsPermalink
(B) Aegis Ballistic Missile Defense.CommentsClose CommentsPermalink
(C) Terminal High Altitude Area Defense.CommentsClose CommentsPermalink
(D) Forward-Based X-band radar-Transportable (AN/TPY-2).CommentsClose CommentsPermalink
(E) Command, Control, Battle Management, and Communications.CommentsClose CommentsPermalink
(F) Sea-Based X-band radar.CommentsClose CommentsPermalink
(G) Upgraded Early Warning radars.CommentsClose CommentsPermalink
SEC. 224. LIMITATION ON USE OF FUNDS FOR REPLACING WARHEAD ON SM-3 BLOCK IIA MISSILE.
None of the funds appropriated or otherwise made available pursuant to an authorization of appropriations in this Act may be obligated or expended to replace the unitary warhead on the SM-3 Block IIA missile with the Multiple Kill Vehicle until after the Secretary of Defense certifies to Congress that--CommentsClose CommentsPermalink
(1) the United States and Japan have reached an agreement to replace the unitary warhead on the SM-3 Block IIA missile; andCommentsClose CommentsPermalink
(2) replacing the unitary warhead on the SM-3 Block IIA missile with the Multiple Kill Vehicle will not delay the expected deployment date of 2014-2015 for that missile.CommentsClose CommentsPermalink
SEC. 225. EXTENSION OF COMPTROLLER GENERAL ASSESSMENTS OF BALLISTIC MISSILE DEFENSE PROGRAMS.
Section 232(g) of the National Defense Authorization Act for Fiscal Year 2002 (
(1) in paragraph (1), by striking `through 2008' and inserting `through 2013'; andCommentsClose CommentsPermalink
(2) in paragraph (2), by striking `through 2009' and inserting `through 2014'.CommentsClose CommentsPermalink
SEC. 226. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT, CONSTRUCTION, AND DEPLOYMENT OF MISSILE DEFENSES IN EUROPE.
(a) General Limitation- No funds authorized to be appropriated by this Act may be obligated or expended for procurement, site activation, construction, preparation of equipment for, or deployment of a long-range missile defense system in Europe until the following conditions have been met:CommentsClose CommentsPermalink
(1) The governments of the countries in which major components of such missile defense system (including interceptors and associated radars) are proposed to be deployed have each given final approval to any missile defense agreements negotiated between such governments and the United States Government concerning the proposed deployment of such components in their countries.CommentsClose CommentsPermalink
(2) Forty five days have elapsed following the receipt by Congress of the report required under subsection (c)(6).CommentsClose CommentsPermalink
(b) Additional Limitation- In addition to the limitation in subsection (a), no funds authorized to be appropriated by this Act may be obligated or expended for the acquisition or deployment of operational missiles of a long-range missile defense system in Europe until the Secretary of Defense, after receiving the views of the Director of Operational Test and Evaluation, submits to Congress a report certifying that the proposed interceptor to be deployed as part of such missile defense system has demonstrated, through successful, operationally realistic flight testing, a high probability of working in an operationally effective manner.CommentsClose CommentsPermalink
(c) Report on Independent Assessment for Ballistic Missile Defense in Europe-CommentsClose CommentsPermalink
(1) INDEPENDENT ASSESSMENT- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall select a federally funded research and development center to conduct an independent assessment of options for ballistic missile defense for forward deployed forces of the United States and its allies in Europe and for the United States homeland.CommentsClose CommentsPermalink
(2) ANALYSIS OF ADMINISTRATION PROPOSAL- The study shall provide a full analysis of the Administration's proposal to protect forward-deployed forces of the United States and its allies in Europe, forward-deployed radars in Europe, and the United States by deploying, in Europe, interceptors and radars of the Ground-Based Midcourse Defense (GMD) system. In providing the analysis, the study shall examine each of the following matters:CommentsClose CommentsPermalink
(A) The threat to Europe and the United States of ballistic missiles (including short-range, medium-range, intermediate-range, and long-range ballistic missiles) from Iran, including the likelihood and timing of such threats.CommentsClose CommentsPermalink
(B) The technical capabilities of the system, as so deployed, to effectively protect forward-deployed forces of the United States and its allies in Europe, forward-deployed radars in Europe, and the United States against the threat specified in subparagraph (A).CommentsClose CommentsPermalink
(C) The degree of coverage of the European territory of members of the North Atlantic Treaty Organization.CommentsClose CommentsPermalink
(D) The political implications of such a deployment on the United States, the North Atlantic Treaty Organization, and other interested parties.CommentsClose CommentsPermalink
(E) Integration and interoperability with North Atlantic Treaty Organization missile defenses.CommentsClose CommentsPermalink
(F) The operational issues associated with such a deployment, including operational effectiveness.CommentsClose CommentsPermalink
(G) The force structure implications of such a deployment, including a comparative analysis of alternative deployment options.CommentsClose CommentsPermalink
(H) The budgetary implications of such a deployment, including possible allied cost sharing, and the cost-effectiveness of such a deployment.CommentsClose CommentsPermalink
(I) Command and control arrangements, including any command and control roles for the United States European Command and the North Atlantic Treaty Organization.CommentsClose CommentsPermalink
(J) Potential opportunities for participation by the Government of Russia.CommentsClose CommentsPermalink
(3) ANALYSIS OF ALTERNATIVES- The study shall also provide a full analysis of alternative systems that could be deployed to fulfill, in whole or in part, the protective purposes of the Administration's proposal. The alternative systems shall include a range of feasible combinations of other missile defense systems that are available or are expected to be available as of 2015 and 2020. These should include, but not be limited to, the following:CommentsClose CommentsPermalink
(A) The Patriot PAC-3 system.CommentsClose CommentsPermalink
(B) The Medium Extended Air Defense System.CommentsClose CommentsPermalink
(C) The Aegis Ballistic Missile Defense system, with all variants of the Standard Missile-3 interceptor.CommentsClose CommentsPermalink
(D) The Terminal High Altitude Area Defense (THAAD) system.CommentsClose CommentsPermalink
(E) Forward-Based X-band Transportable (FBX-T) radars.CommentsClose CommentsPermalink
(F) The Kinetic Energy Interceptor (KEI).CommentsClose CommentsPermalink
(G) Other non-United States, North Atlantic Treaty Organization missile defense systems or components.CommentsClose CommentsPermalink
(4) MATTERS EXAMINED- In providing the analysis, the study shall examine, for each alternative system included, each of the matters specified in paragraph (2).CommentsClose CommentsPermalink
(5) COOPERATION OF OTHER AGENCIES- The Secretary of Defense shall provide the federally funded research and development center selected under paragraph (1) data, analyses, briefings, and other information as the center considers necessary to carry out the assessment described in that paragraph. Furthermore, the Director of National Intelligence and the heads of other departments and agencies of the United States Government shall also provide the center the appropriate data, analyses, briefings, and other information necessary for the purpose of carrying out the assessment described in that paragraph.CommentsClose CommentsPermalink
(6) REPORT- Not later than 180 days after the date of the enactment of this Act, the federally funded research and development center shall submit to the congressional defense committees and the Secretary of Defense a report on the results of the study. The report shall be in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
(7) FUNDING- Of the amounts appropriated or otherwise made available pursuant to the authorization of appropriations in section 201(4), $1,000,000 is available to carry out the study required by this subsection.CommentsClose CommentsPermalink
(d) Construction- Nothing in this section shall be construed to limit continuing obligation and expenditure of funds for missile defense, including for research and development and for other activities not otherwise limited by subsection (a) or (b), including, but not limited to, site surveys, studies, analysis, and planning and design for the proposed missile defense deployment in Europe.CommentsClose CommentsPermalink
SEC. 227. SENSE OF CONGRESS ON MISSILE DEFENSE COOPERATION WITH ISRAEL.
(a) Sense of Congress- It is the sense of Congress that the United States should have an active program of ballistic missile defense cooperation with Israel, and should take steps to improve the coordination, interoperability, and integration of United States and Israeli missile defense capabilities, and to enhance the capability of both nations to defend against ballistic missile threats present in the Middle East region.CommentsClose CommentsPermalink
(b) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the status of missile defense cooperation between the United States and Israel.CommentsClose CommentsPermalink
(2) CONTENT- The report submitted under this subsection shall include each of the following:CommentsClose CommentsPermalink
(A) A description of the current program of ballistic missile defense cooperation between the United States and Israel, including its objectives and results to date.CommentsClose CommentsPermalink
(B) A description of steps taken within the previous five years to improve the interoperability and coordination of the missile defense capabilities of the United States and Israel.CommentsClose CommentsPermalink
(C) A description of steps planned to be taken by the governments of the United States and Israel in the future to improve the coordination, interoperability, and integration of their missile defense capabilities.CommentsClose CommentsPermalink
(D) A description of joint efforts of the United States and Israel to develop ballistic missile defense technologies.CommentsClose CommentsPermalink
(E) A description of joint missile defense exercises and training that have been conducted by the United States and Israel, and the lessons learned from those exercises.CommentsClose CommentsPermalink
(F) A description of the joint missile defense testing activities of the United States and Israel, past and planned, and the benefits of such joint testing activities.CommentsClose CommentsPermalink
(G) A description of how the United States and Israel share threat assessments regarding the ballistic missile threat.CommentsClose CommentsPermalink
(H) Any other matters that the Secretary considers appropriate.CommentsClose CommentsPermalink
SEC. 228. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPLOYMENT OF MISSILE DEFENSE INTERCEPTORS IN ALASKA.
None of the funds authorized to be appropriated by this Act may be obligated or expended to deploy more than 40 Ground-Based Interceptors at Fort Greely, Alaska, until the Secretary of Defense, after receiving the views of the Director of Operational Test and Evaluation, submits to Congress a certification that the Block 2006 Ground-based Midcourse Defense element of the Ballistic Missile Defense System has demonstrated, through operationally realistic end-to-end flight testing, that it has a high probability of working in an operationally effective manner.CommentsClose CommentsPermalink
SEC. 229. POLICY OF THE UNITED STATES ON PROTECTION OF THE UNITED STATES AND ITS ALLIES AGAINST IRANIAN BALLISTIC MISSILES.
(a) Finding- Congress finds that Iran maintains a nuclear program in continued defiance of the international community while developing ballistic missiles of increasing sophistication and range that--CommentsClose CommentsPermalink
(1) pose a threat to--CommentsClose CommentsPermalink
(A) the forward-deployed forces of the United States;CommentsClose CommentsPermalink
(B) North Atlantic Treaty Organization (NATO) allies in Europe; andCommentsClose CommentsPermalink
(C) other allies and friendly foreign countries in the region; andCommentsClose CommentsPermalink
(2) eventually could pose a threat to the United States homeland.CommentsClose CommentsPermalink
(b) Policy of the United States- It is the policy of the United States--CommentsClose CommentsPermalink
(1) to develop, test, and deploy, as soon as technologically feasible, in conjunction with allies and friendly foreign countries whenever possible, an effective defense against the threat from Iran described in subsection (a) that will provide protection--CommentsClose CommentsPermalink
(A) for the forward-deployed forces of the United States, NATO allies, and other allies and friendly foreign countries in the region; andCommentsClose CommentsPermalink
(B) for the United States homeland;CommentsClose CommentsPermalink
(2) to encourage the NATO alliance to accelerate its efforts to--CommentsClose CommentsPermalink
(A) protect NATO territory in Europe against the existing threat of Iranian short- and medium-range ballistic missiles; andCommentsClose CommentsPermalink
(B) facilitate the ability of NATO allies to acquire the missile defense systems needed to provide a wide-area defense capability against short- and medium-range ballistic missiles; andCommentsClose CommentsPermalink
(3) to proceed with the activities specified in paragraphs (1) and (2) in a manner such that any missile defense systems fielded by the United States in Europe are integrated with or complementary to missile defense systems fielded by NATO in Europe.CommentsClose CommentsPermalink
Subtitle D--Other Matters
SEC. 231. COORDINATION OF HUMAN SYSTEMS INTEGRATION ACTIVITIES RELATED TO ACQUISITION PROGRAMS.
(a) In General- The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall coordinate and manage human systems integration activities throughout the acquisition programs of the Department of Defense.CommentsClose CommentsPermalink
(b) Administration- In carrying out subsection (a), the Secretary shall designate a senior official to be responsible for the effort.CommentsClose CommentsPermalink
(c) Responsibilities- In carrying out this section, the senior official designated in subsection (b) shall--CommentsClose CommentsPermalink
(1) coordinate the planning, management, and execution of such activities; andCommentsClose CommentsPermalink
(2) identify and recommend, as appropriate, resource requirements for human systems integration activities.CommentsClose CommentsPermalink
(d) Designation- The designation required by subsection (b) shall be made not later than 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 232. EXPANSION OF AUTHORITY FOR PROVISION OF LABORATORY FACILITIES, SERVICES, AND EQUIPMENT.
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (2) by striking `and' at the end;CommentsClose CommentsPermalink
(B) in paragraph (3) by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(4) make available to any person or entity, through leases, contracts, or other appropriate arrangements, facilities, services, and equipment of any government laboratory, research center, or range, if the facilities, services, and equipment provided will not be in direct competition with the domestic private sector.';CommentsClose CommentsPermalink
(2) in subsection (c)--CommentsClose CommentsPermalink
(A) by striking `for services'; andCommentsClose CommentsPermalink
(B) by striking `subsection (a)(3)' and inserting `subsections (a)(3) and (a)(4)'; andCommentsClose CommentsPermalink
(3) in subsection (d)--CommentsClose CommentsPermalink
(A) by striking `for services made available'; andCommentsClose CommentsPermalink
(B) by striking `subsection (a)(3)' and inserting `subsections (a)(3) and (a)(4)'.CommentsClose CommentsPermalink
SEC. 233. MODIFICATION OF COST SHARING REQUIREMENT FOR TECHNOLOGY TRANSITION INITIATIVE.
Paragraph (2) of
`(2) The amount of funds provided to a project under paragraph (1) by the military department or Defense Agency concerned shall be the appropriate share of the military department or Defense Agency, as the case may be, of the cost of the project, as determined by the Manager.'.CommentsClose CommentsPermalink
SEC. 234. REPORT ON IMPLEMENTATION OF MANUFACTURING TECHNOLOGY PROGRAM.
(a) Report Required- Not later than September 1, 2008, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the implementation of the technologies and processes developed under the Manufacturing Technology Program required by
(b) Elements- The report shall identify each technology or process implemented and, for each such technology or process, shall identify--CommentsClose CommentsPermalink
(1) the project of the Manufacturing Technology Program through which the technology or process was developed, the Federal and non-Federal participants in that project, and the duration of the project;CommentsClose CommentsPermalink
(2) the organization or program implementing the technology or process, and a description of the implementation;CommentsClose CommentsPermalink
(3) the funding required to implement the technology or process, including--CommentsClose CommentsPermalink
(A) funds provided by military departments and Defense Agencies under the Manufacturing Technology Program;CommentsClose CommentsPermalink
(B) funds provided by the Department of Defense, or any element of the Department, to co-develop the technology or process;CommentsClose CommentsPermalink
(C) to the maximum extent practicable, funds provided by the Department of Defense, or any element of the Department, to--CommentsClose CommentsPermalink
(i) mature the technology or process prior to transition to the Manufacturing Technology Program; andCommentsClose CommentsPermalink
(ii) provide for the implementation of the technology or process;CommentsClose CommentsPermalink
(4) the total value of industry cost share, if applicable;CommentsClose CommentsPermalink
(5) if applicable, the total value of cost avoidance or cost savings directly attributable to the implementation of the technology or process; andCommentsClose CommentsPermalink
(6) a description of any system performance enhancements, technology performance enhancements, or improvements in a manufacturing readiness level of a system or a technology.CommentsClose CommentsPermalink
(c) Definition- For purposes of this section, the term `implementation' refers to--CommentsClose CommentsPermalink
(1) the use of a technology or process in the manufacture of defense materiel;CommentsClose CommentsPermalink
(2) the inclusion of a technology or process in the systems engineering plan for a program of record; orCommentsClose CommentsPermalink
(3) the use of a technology or process for the manufacture of commercial items.CommentsClose CommentsPermalink
(d) Scope- The report shall include technologies or processes developed with funds appropriated or otherwise made available for the Manufacturing Technology programs of the military departments and Defense Agencies for fiscal years 2003 through 2005.CommentsClose CommentsPermalink
SEC. 235. ASSESSMENT OF SUFFICIENCY OF TEST AND EVALUATION PERSONNEL.
(a) Assessment Required- The Director of Operational Test and Evaluation shall assess whether the Director's professional staff meets the requirement of
(b) Inclusion in Report- The Director shall include the results of the assessment in the report, required by
SEC. 236. REPEAL OF REQUIREMENT FOR SEPARATE REPORTS ON TECHNOLOGY AREA REVIEW AND ASSESSMENT SUMMARIES.
Subsection (c) of section 253 of the National Defense Authorization Act for Fiscal Year 2006 (
SEC. 237. MODIFICATION OF NOTICE AND WAIT REQUIREMENT FOR OBLIGATION OF FUNDS FOR FOREIGN COMPARATIVE TEST PROGRAM.
Paragraph (3) of
`(3) The Director of Defense Research and Engineering shall notify the congressional defense committees of the intent to obligate funds made available to carry out this subsection not less than 7 days before such funds are obligated.'.CommentsClose CommentsPermalink
SEC. 238. STRATEGIC PLAN FOR THE MANUFACTURING TECHNOLOGY PROGRAM.
(a) In General-
`(e) Five-Year Strategic Plan- (1) The Secretary shall develop a plan for the program that includes the following:CommentsClose CommentsPermalink
`(A) The overall manufacturing technology goals, milestones, priorities, and investment strategy for the program.CommentsClose CommentsPermalink
`(B) The objectives of, and funding for, the program for each military department and each Defense Agency that shall participate in the program during the period of the plan.CommentsClose CommentsPermalink
`(2) The Secretary shall include in the plan mechanisms for assessing the effectiveness of the program under the plan.CommentsClose CommentsPermalink
`(3) The Secretary shall update the plan on a biennial basis.CommentsClose CommentsPermalink
`(4) Each plan, and each update to the plan, shall cover a period of five fiscal years.'.CommentsClose CommentsPermalink
(b) Initial Development and Submission of Plan-CommentsClose CommentsPermalink
(1) DEVELOPMENT- The Secretary of Defense shall develop the strategic plan required by subsection (e) of
(2) SUBMISSION- Not later than the date on which the budget of the President for fiscal year 2010 is submitted to Congress under
SEC. 239. MODIFICATION OF AUTHORITIES ON COORDINATION OF DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH WITH SIMILAR FEDERAL PROGRAMS.
Section 257(e)(2) of the National Defense Authorization Act for Fiscal Year 1995 (
SEC. 240. ENHANCEMENT OF DEFENSE NANOTECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.
(a) Program Purposes- Subsection (b) of section 246 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (
(1) in paragraph (2), by striking `in nanoscale research and development' and inserting `in the National Nanotechnology Initiative and with the National Nanotechnology Coordination Office under section 3 of the 21st Century Nanotechnology Research and Development Act (
(2) in paragraph (3), by striking `portfolio of fundamental and applied nanoscience and engineering research initiatives' and inserting `portfolio of nanotechnology research and development initiatives'.CommentsClose CommentsPermalink
(b) Program Administration-CommentsClose CommentsPermalink
(1) ADMINISTRATION THROUGH UNDER SECRETARY OF DEFENSE FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS- Subsection (c) of such section is amended--CommentsClose CommentsPermalink
(A) by striking `the Director of Defense Research and Engineering' and inserting `the Under Secretary of Defense for Acquisition, Technology, and Logistics'; andCommentsClose CommentsPermalink
(B) by striking `The Director' and inserting `The Under Secretary'.CommentsClose CommentsPermalink
(2) OTHER ADMINISTRATIVE MATTERS- Such subsection is further amended--CommentsClose CommentsPermalink
(A) in paragraph (2), by striking `the Department's increased investment in nanotechnology research and development and the National Nanotechnology Initiative; and' and inserting `investments by the Department and other departments and agencies participating in the National Nanotechnology Initiative in nanotechnology research and development;';CommentsClose CommentsPermalink
(B) in paragraph (3), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(C) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(4) oversee Department of Defense participation in interagency coordination of the program with other departments and agencies participating in the National Nanotechnology Initiative.'.CommentsClose CommentsPermalink
(c) Program Activities- Such section is further amended--CommentsClose CommentsPermalink
(1) by striking subsection (d); andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection (d):CommentsClose CommentsPermalink
`(d) Strategic Plan- The Under Secretary shall develop and maintain a strategic plan for defense nanotechnology research and development that--CommentsClose CommentsPermalink
`(1) is integrated with the strategic plan for the National Nanotechnology Initiative and the strategic plans of the Director of Defense Research and Engineering, the military departments, and the Defense Agencies; andCommentsClose CommentsPermalink
`(2) includes a clear strategy for transitioning the research into products needed by the Department.'.CommentsClose CommentsPermalink
(d) Reports- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(e) Reports-CommentsClose CommentsPermalink
`(1) IN GENERAL- Not later than March 1 of each of 2009, 2011, and 2013, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report on the program.CommentsClose CommentsPermalink
`(2) MATTERS INCLUDED- Each report under paragraph (1) shall include the following:CommentsClose CommentsPermalink
`(A) A review of--CommentsClose CommentsPermalink
`(i) the long-term challenges and specific technical goals of the program; andCommentsClose CommentsPermalink
`(ii) the progress made toward meeting such challenges and achieving such goals.CommentsClose CommentsPermalink
`(B) An assessment of current and proposed funding levels for the program, including an assessment of the adequacy of such funding levels to support program activities.CommentsClose CommentsPermalink
`(C) A review of the coordination of activities under the program within the Department of Defense, with other departments and agencies of the United States, and with the National Nanotechnology Initiative.CommentsClose CommentsPermalink
`(D) A review and analysis of the findings and recommendations relating to the Department of Defense of the most recent triennial external review of the National Nanotechnology Program under section 5 of the 21st Century Nanotechnology Research and Development Act (
`(E) An assessment of technology transition from nanotechnology research and development to enhanced warfighting capabilities, including contributions from the Department of Defense Small Business Innovative Research and Small Business Technology Transfer Research programs, and the Department of Defense Manufacturing Technology program, and an identification of acquisition programs and deployed defense systems that are incorporating nanotechnologies.CommentsClose CommentsPermalink
`(F) An assessment of global nanotechnology research and development in areas of interest to the Department, including an identification of the use of nanotechnologies in any foreign defense systems.CommentsClose CommentsPermalink
`(G) An assessment of the defense nanotechnology manufacturing and industrial base and its capability to meet the near and far term requirements of the Department.CommentsClose CommentsPermalink
`(H) Such recommendations for additional activities under the program to meet emerging national security requirements as the Under Secretary considers appropriate.CommentsClose CommentsPermalink
`(3) CLASSIFICATION- Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.'.CommentsClose CommentsPermalink
SEC. 241. FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER ASSESSMENT OF THE DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
(a) Assessment Required- The Secretary of Defense shall--CommentsClose CommentsPermalink
(1) utilize a defense federally funded research and development center to carry out an assessment of the effectiveness of the Defense Experimental Program to Stimulate Competitive Research; andCommentsClose CommentsPermalink
(2) not later than nine months after the date of the enactment of this Act, submit to the Committees on Armed Services of the Senate and the House of Representatives a report on that assessment.CommentsClose CommentsPermalink
(b) Matters Assessed- The report under subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) A description and assessment of the tangible results and progress toward the objectives of the program, including--CommentsClose CommentsPermalink
(A) an identification of any past program activities that led to, or were fundamental to, applications used by, or supportive of, operational users; andCommentsClose CommentsPermalink
(B) an assessment of whether the program has expanded the national research infrastructure.CommentsClose CommentsPermalink
(2) An assessment whether the activities undertaken under the program are consistent with the statute authorizing the program.CommentsClose CommentsPermalink
(3) An assessment whether the various elements of the program, such as structure, funding, staffing, project solicitation and selection, and administration, are working effectively and efficiently to support the effective execution of the program.CommentsClose CommentsPermalink
(4) A description and assessment of past and ongoing activities of State planning committees under the program in supporting the achievement of the objectives of the program.CommentsClose CommentsPermalink
(5) An analysis of the advantages and disadvantages of having an institution-based formula for qualification to participate in the program when compared with the advantages and disadvantages of having a State-based formula for qualification to participate in supporting defense missions and the objective of expanding the Nation's defense research infrastructure.CommentsClose CommentsPermalink
(6) An identification of mechanisms for improving the management and implementation of the program, including modification of the statute authorizing the program, Department regulations, program structure, funding levels, funding strategy, or the activities of the State committees.CommentsClose CommentsPermalink
(7) Any other matters the Secretary considers appropriate.CommentsClose CommentsPermalink
SEC. 242. COST-BENEFIT ANALYSIS OF PROPOSED FUNDING REDUCTION FOR HIGH ENERGY LASER SYSTEMS TEST FACILITY.
(a) Report Required- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing a cost-benefit analysis of the proposed reduction in Army research, development, test, and evaluation funding for the High Energy Laser Systems Test Facility.CommentsClose CommentsPermalink
(b) Evaluation of Impact on Other Military Departments- The report required under subsection (a) shall include an evaluation of the impact of the proposed reduction in funding on each Department of Defense organization or activity that utilizes the High Energy Laser Systems Test Facility.CommentsClose CommentsPermalink
SEC. 243. PROMPT GLOBAL STRIKE.
(a) Research, Development, and Testing Plan- The Secretary of Defense shall submit to the congressional defense committees a research, development, and testing plan for prompt global strike program objectives for fiscal years 2008 through 2013.CommentsClose CommentsPermalink
(b) Plan for Obligation and Expenditure of Funds-CommentsClose CommentsPermalink
(1) IN GENERAL- The Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees a plan for obligation and expenditure of funds available for prompt global strike for fiscal year 2008. The plan shall include correlations between each technology application being developed in fiscal year 2008 and the prompt global strike alternative or alternatives toward which the technology application applies.CommentsClose CommentsPermalink
(2) LIMITATION- The Under Secretary shall not implement the plan required by paragraph (1) until at least 10 days after the plan is submitted as required by that paragraph.CommentsClose CommentsPermalink
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.CommentsClose CommentsPermalink
Subtitle B--Environmental Provisions
Sec. 311. Reimbursement of Environmental Protection Agency for certain costs in connection with Moses Lake Wellfield Superfund Site, Moses Lake, Washington.CommentsClose CommentsPermalink
Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in connection with the Arctic Surplus Superfund Site, Fairbanks, Alaska.CommentsClose CommentsPermalink
Sec. 313. Payment to Environmental Protection Agency of stipulated penalties in connection with Jackson Park Housing Complex, Washington.CommentsClose CommentsPermalink
Sec. 314. Report on control of the brown tree snake.CommentsClose CommentsPermalink
Sec. 315. Notification of certain residents and civilian employees at Camp Lejeune, North Carolina, of exposure to drinking water contamination.CommentsClose CommentsPermalink
Subtitle C--Workplace and Depot Issues
Sec. 321. Availability of funds in Defense Information Systems Agency Working Capital Fund for technology upgrades to Defense Information Systems Network.CommentsClose CommentsPermalink
Sec. 322. Modification to public-private competition requirements before conversion to contractor performance.CommentsClose CommentsPermalink
Sec. 323. Public-private competition at end of period specified in performance agreement not required.CommentsClose CommentsPermalink
Sec. 324. Guidelines on insourcing new and contracted out functions.CommentsClose CommentsPermalink
Sec. 325. Restriction on Office of Management and Budget influence over Department of Defense public-private competitions.CommentsClose CommentsPermalink
Sec. 326. Bid protests by Federal employees in actions under Office of Management and Budget Circular A-76.CommentsClose CommentsPermalink
Sec. 327. Public-private competition required before conversion to contractor performance.CommentsClose CommentsPermalink
Sec. 328. Extension of authority for Army industrial facilities to engage in cooperative activities with non-Army entities.CommentsClose CommentsPermalink
Sec. 329. Reauthorization and modification of multi-trades demonstration project.CommentsClose CommentsPermalink
Sec. 330. Pilot program for availability of working-capital funds to Army for certain product improvements.CommentsClose CommentsPermalink
Subtitle D--Extension of Program Authorities
Sec. 341. Extension of Arsenal Support Program Initiative.CommentsClose CommentsPermalink
Sec. 342. Extension of period for reimbursement for helmet pads purchased by members of the Armed Forces deployed in contingency operations.CommentsClose CommentsPermalink
Sec. 343. Extension of temporary authority for contract performance of security guard functions.CommentsClose CommentsPermalink
Subtitle E--Reports
Sec. 351. Reports on National Guard readiness for emergencies and major disasters.CommentsClose CommentsPermalink
Sec. 352. Annual report on prepositioned materiel and equipment.CommentsClose CommentsPermalink
Sec. 353. Report on incremental cost of early 2007 enhanced deployment.CommentsClose CommentsPermalink
Sec. 354. Modification of requirements of Comptroller General report on the readiness of Army and Marine Corps ground forces.CommentsClose CommentsPermalink
Sec. 355. Plan to improve readiness of ground forces of active and reserve components.CommentsClose CommentsPermalink
Sec. 356. Independent assessment of Civil Reserve Air Fleet viability.CommentsClose CommentsPermalink
Sec. 357. Department of Defense Inspector General report on physical security of Department of Defense installations.CommentsClose CommentsPermalink
Sec. 358. Review of high-altitude aviation training.CommentsClose CommentsPermalink
Sec. 359. Reports on safety measures and encroachment issues and master plan for Warren Grove Gunnery Range, New Jersey.CommentsClose CommentsPermalink
Sec. 360. Report on search and rescue capabilities of the Air Force in the northwestern United States.CommentsClose CommentsPermalink
Sec. 361. Report and master infrastructure recapitalization plan for Cheyenne Mountain Air Station, Colorado.CommentsClose CommentsPermalink
Subtitle F--Other Matters
Sec. 371. Enhancement of corrosion control and prevention functions within Department of Defense.CommentsClose CommentsPermalink
Sec. 372. Authority for Department of Defense to provide support for certain sporting events.CommentsClose CommentsPermalink
Sec. 373. Authority to impose reasonable restrictions on payment of full replacement value for lost or damaged personal property transported at Government expense.CommentsClose CommentsPermalink
Sec. 374. Priority transportation on Department of Defense aircraft of retired members residing in Commonwealths and possessions of the United States for certain health care services.CommentsClose CommentsPermalink
Sec. 375. Recovery of missing military property.CommentsClose CommentsPermalink
Sec. 376. Retention of combat uniforms by members of the Armed Forces deployed in support of contingency operations.CommentsClose CommentsPermalink
Sec. 377. Issue of serviceable material of the Navy other than to Armed Forces.CommentsClose CommentsPermalink
Sec. 378. Reauthorization of Aviation Insurance Program.CommentsClose CommentsPermalink
Subtitle A--Authorization of Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:CommentsClose CommentsPermalink
(1) For the Army, $28,787,219,000.CommentsClose CommentsPermalink
(2) For the Navy, $33,355,683,000.CommentsClose CommentsPermalink
(3) For the Marine Corps, $4,967,193,000.CommentsClose CommentsPermalink
(4) For the Air Force, $33,118,462,000.CommentsClose CommentsPermalink
(5) For Defense-wide activities, $22,500,253,000.CommentsClose CommentsPermalink
(6) For the Army Reserve, $2,509,862,000.CommentsClose CommentsPermalink
(7) For the Navy Reserve, $1,186,883,000.CommentsClose CommentsPermalink
(8) For the Marine Corps Reserve, $208,637,000.CommentsClose CommentsPermalink
(9) For the Air Force Reserve, $2,821,817,000.CommentsClose CommentsPermalink
(10) For the Army National Guard, $5,857,409,000.CommentsClose CommentsPermalink
(11) For the Air National Guard, $5,456,668,000.CommentsClose CommentsPermalink
(12) For the United States Court of Appeals for the Armed Forces, $11,971,000.CommentsClose CommentsPermalink
(13) For Environmental Restoration, Army, $434,879,000.CommentsClose CommentsPermalink
(14) For Environmental Restoration, Navy, $300,591,000.CommentsClose CommentsPermalink
(15) For Environmental Restoration, Air Force, $458,428,000.CommentsClose CommentsPermalink
(16) For Environmental Restoration, Defense-wide, $12,751,000.CommentsClose CommentsPermalink
(17) For Environmental Restoration, Formerly Used Defense Sites, $270,249,000.CommentsClose CommentsPermalink
(18) For Overseas Humanitarian, Disaster, and Civic Aid programs, $103,300,000.CommentsClose CommentsPermalink
(19) For Former Soviet Union Threat Reduction programs, $428,048,000.CommentsClose CommentsPermalink
(20) For the Overseas Contingency Operations Transfer Fund, $5,000,000.CommentsClose CommentsPermalink
Subtitle B--Environmental Provisions
SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES LAKE, WASHINGTON.
(a) Authority To Reimburse-CommentsClose CommentsPermalink
(1) TRANSFER AMOUNT- Using funds described in subsection (b), the Secretary of Defense may, notwithstanding
(2) PURPOSE OF REIMBURSEMENT- The payment under paragraph (1) is to reimburse the Environmental Protection Agency for its costs incurred in overseeing a remedial investigation/feasibility study performed by the Department of the Army under the Defense Environmental Restoration Program at the former Larson Air Force Base, Moses Lake Superfund Site, Moses Lake, Washington.CommentsClose CommentsPermalink
(3) INTERAGENCY AGREEMENT- The reimbursement described in paragraph (2) is provided for in the interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Moses Lake Wellfield Superfund Site in March 1999.CommentsClose CommentsPermalink
(b) Source of Funds- Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(16) for operation and maintenance for Environmental Restoration, Defense-wide.CommentsClose CommentsPermalink
(c) Use of Funds- The Environmental Protection Agency shall use the amount transferred under subsection (a) to pay costs incurred by the Agency at the Moses Lake Wellfield Superfund Site.CommentsClose CommentsPermalink
SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN COSTS IN CONNECTION WITH THE ARCTIC SURPLUS SUPERFUND SITE, FAIRBANKS, ALASKA.
(a) Authority To Reimburse-CommentsClose CommentsPermalink
(1) TRANSFER AMOUNT- Using funds described in subsection (b), the Secretary of Defense may, notwithstanding
(2) PURPOSE OF REIMBURSEMENT- The payment under paragraph (1) is to reimburse the Environmental Protection Agency for costs incurred pursuant to the agreement known as `In the Matter of Arctic Surplus Superfund Site, U.S. EPA Docket Number CERCLA-10-2003-0114: Administrative Order on Consent for Remedial Design and Remedial Action', entered into by the Department of Defense and the Environmental Protection Agency on December 11, 2003.CommentsClose CommentsPermalink
(b) Source of Funds- Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(16) for operation and maintenance for Environmental Restoration, Defense-wide.CommentsClose CommentsPermalink
(c) Use of Funds- The Environmental Protection Agency shall use the amount transferred under subsection (a) to pay costs incurred by the Agency pursuant to the agreement described in paragraph (2) of such subsection.CommentsClose CommentsPermalink
SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION AGENCY OF STIPULATED PENALTIES IN CONNECTION WITH JACKSON PARK HOUSING COMPLEX, WASHINGTON.
(a) Authority To Transfer Funds-CommentsClose CommentsPermalink
(1) TRANSFER AMOUNT- Using funds described in subsection (b), the Secretary of the Navy may, notwithstanding
(2) PURPOSE OF TRANSFER- The payment under paragraph (1) is to pay a stipulated penalty assessed by the Environmental Protection Agency on October 25, 2005, against the Jackson Park Housing Complex, Washington, for the failure by the Navy to timely submit a draft final Phase II Remedial Investigation Work Plan for the Jackson Park Housing Complex Operable Unit (OU-3T-JPHC) pursuant to a schedule included in an Interagency Agreement (Administrative Docket No. CERCLA-10-2005-0023).CommentsClose CommentsPermalink
(b) Source of Funds- Any payment under subsection (a) shall be made using funds authorized to be appropriated by section 301(14) for operation and maintenance for Environmental Restoration, Navy.CommentsClose CommentsPermalink
(c) Use of Funds- The amount transferred under subsection (a) shall be used by the Environmental Protection Agency to pay the penalty described under paragraph (2) of such subsection.CommentsClose CommentsPermalink
SEC. 314. REPORT ON CONTROL OF THE BROWN TREE SNAKE.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) The brown tree snake (Boiga irregularis), an invasive species, is found in significant numbers on military installations and in other areas on Guam, and constitutes a serious threat to the ecology of Guam.CommentsClose CommentsPermalink
(2) If introduced into Hawaii, the Commonwealth of the Northern Mariana Islands, or the continental United States, the brown tree snake would pose an immediate and serious economic and ecological threat.CommentsClose CommentsPermalink
(3) The most probable vector for the introduction of the brown tree snake into Hawaii, the Commonwealth of the Northern Mariana Islands, or the continental United States is the movement from Guam of military aircraft, personnel, and cargo, including the household goods of military personnel and other military assets.CommentsClose CommentsPermalink
(4) It is probable that the movement of military aircraft, personnel, and cargo, including the household goods of military personnel, from Guam to Hawaii, the Commonwealth of the Northern Mariana Islands, or the continental United States will increase significantly coincident with the increase in the number of military units and personnel stationed on Guam.CommentsClose CommentsPermalink
(5) Current policies, programs, procedures, and dedicated resources of the Department of Defense and of other departments and agencies of the United States may not be sufficient to adequately address the management, control, and eradication of the brown tree snake on Guam and the increasing threat of the introduction of the brown tree snake from Guam into Hawaii, the Commonwealth of the Northern Mariana Islands, the continental United States, or other non-native environments.CommentsClose CommentsPermalink
(b) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the following:CommentsClose CommentsPermalink
(1) The actions currently being taken (including the resources being made available) by the Department of Defense to control, and to develop new or existing techniques to control, the brown tree snake on Guam and to prevent the introduction of the brown tree snake into Hawaii, the Commonwealth of the Northern Mariana Island, the continental United States, or any other non-native environment as a result of the movement from Guam of military aircraft, personnel, and cargo, including the household goods of military personnel and other military assets. Such actions shall include any actions taken by the Department of Defense to implement the recommendations of the Brown Tree Snake Review Panel commissioned by the Department of the Interior, as contained in the Review Panel's final report entitled `Review of Brown Tree Snake Problems and Control Programs' published in March 2005.CommentsClose CommentsPermalink
(2) Current plans for enhanced future actions, policies, and procedures and increased levels of resources in order to ensure that the projected increase of military personnel stationed on Guam does not increase the threat of introduction of the brown tree snake from Guam into Hawaii, the Commonwealth of the Northern Mariana Islands, the continental United States, or other non-native environments.CommentsClose CommentsPermalink
(3) The results of management, control, and eradication carried out by the Secretary of Defense, in consultation with the Secretary of the Interior, before the date on which the report is submitted with respect to brown tree snakes through the integrated natural resource management plans prepared for military installations in Guam under the pilot program authorized by section 101(g) of the Sikes Act (
SEC. 315. NOTIFICATION OF CERTAIN RESIDENTS AND CIVILIAN EMPLOYEES AT CAMP LEJEUNE, NORTH CAROLINA, OF EXPOSURE TO DRINKING WATER CONTAMINATION.
(a) Notification of Individuals Served by Tarawa Terrace Water Distribution System, Including Knox Trailer Park- Not later than 1 year after the date of the enactment of this Act, the Secretary of the Navy shall make reasonable efforts to identify and notify directly individuals who were served by the Tarawa Terrace Water Distribution System, including Knox Trailer Park, at Camp Lejeune, North Carolina, during the years 1958 through 1987 that they may have been exposed to drinking water contaminated with tetrachloroethylene (PCE).CommentsClose CommentsPermalink
(b) Notification of Individuals Served by Hadnot Point Water Distribution System- Not later than 1 year after the Agency for Toxic Substances and Disease Registry (ATSDR) completes its water modeling study of the Hadnot Point water distribution system, the Secretary of the Navy shall make reasonable efforts to identify and notify directly individuals who were served by the system during the period identified in the study of the drinking water contamination to which they may have been exposed.CommentsClose CommentsPermalink
(c) Notification of Former Civilian Employees at Camp Lejeune- Not later than 1 year after the date of the enactment of this Act, the Secretary of the Navy shall make reasonable efforts to identify and notify directly civilian employees who worked at Camp Lejeune during the period identified in the ATSDR drinking water study of the drinking water contamination to which they may have been exposed.CommentsClose CommentsPermalink
(d) Circulation of Health Survey-CommentsClose CommentsPermalink
(1) FINDINGS- Congress makes the following findings:CommentsClose CommentsPermalink
(A) Notification and survey efforts related to the drinking water contamination described in this section are necessary due to the potential negative health impacts of these contaminants.CommentsClose CommentsPermalink
(B) The Secretary of the Navy will not be able to identify or contact all former residents and former employees due to the condition, non-existence, or accessibility of records.CommentsClose CommentsPermalink
(C) It is the intent of Congress that the Secretary of the Navy contact as many former residents and former employees as quickly as possible.CommentsClose CommentsPermalink
(2) ATSDR HEALTH SURVEY-CommentsClose CommentsPermalink
(A) DEVELOPMENT-CommentsClose CommentsPermalink
(i) IN GENERAL- Not later than 120 days after the date of the enactment of this Act, the ATSDR, in consultation with a well-qualified contractor selected by the ATSDR, shall develop a health survey that would voluntarily request of individuals described in subsections (a), (b), and (c) personal health information that may lead to scientifically useful health information associated with exposure to trichloroethylene (TCE), PCE, vinyl chloride, and the other contaminants identified in the ATSDR studies that may provide a basis for further reliable scientific studies of potentially adverse health impacts of exposure to contaminated water at Camp Lejeune.CommentsClose CommentsPermalink
(ii) FUNDING- The Secretary of the Navy is authorized to provide from available funds the necessary funding for the ATSDR to develop the health survey.CommentsClose CommentsPermalink
(B) INCLUSION WITH NOTIFICATION- The survey developed under subparagraph (A) shall be distributed by the Secretary of the Navy concurrently with the direct notification required under subsections (a), (b), and (c).CommentsClose CommentsPermalink
(e) Use of Media To Supplement Notification- The Secretary of the Navy may use media notification as a supplement to direct notification of individuals described under subsections (a), (b), and (c). Media notification may reach those individuals not identifiable via remaining records. Once individuals respond to media notifications, the Secretary will add them to the contact list to be included in future information updates.CommentsClose CommentsPermalink
Subtitle C--Workplace and Depot Issues
SEC. 321. AVAILABILITY OF FUNDS IN DEFENSE INFORMATION SYSTEMS AGENCY WORKING CAPITAL FUND FOR TECHNOLOGY UPGRADES TO DEFENSE INFORMATION SYSTEMS NETWORK.
(a) In General- Notwithstanding
(b) Limitation on Certain Projects- Funds may not be used under subsection (a) for--CommentsClose CommentsPermalink
(1) any technology insertion to the Defense Information Systems Network that significantly changes the performance envelope of an end item; orCommentsClose CommentsPermalink
(2) any component with an estimated total cost in excess of $500,000.CommentsClose CommentsPermalink
(c) Limitation in Fiscal Year Pending Timely Report- If in any fiscal year the report required by paragraph (1) of subsection (d) is not submitted by the date specified in paragraph (2) of subsection (d), funds may not be used under subsection (a) in such fiscal year during the period--CommentsClose CommentsPermalink
(1) beginning on the date specified in paragraph (2) of subsection (d); andCommentsClose CommentsPermalink
(2) ending on the date of the submittal of the report under paragraph (1) of subsection (d).CommentsClose CommentsPermalink
(d) Annual Report-CommentsClose CommentsPermalink
(1) IN GENERAL- The Director of the Defense Information Systems Agency shall submit to the congressional defense committees each fiscal year a report on the use of the authority in subsection (a) during the preceding fiscal year.CommentsClose CommentsPermalink
(2) DEADLINE FOR SUBMITTAL- The report required by paragraph (1) in a fiscal year shall be submitted not later than 60 days after the date of the submittal to Congress of the budget of the President for the succeeding fiscal year pursuant to
(e) Sunset- The authority in subsection (a) shall expire on October 1, 2011.CommentsClose CommentsPermalink
SEC. 322. MODIFICATION TO PUBLIC-PRIVATE COMPETITION REQUIREMENTS BEFORE CONVERSION TO CONTRACTOR PERFORMANCE.
(a) Comparison of Retirement System Costs-
(1) in subparagraph (F), by striking `and' at the end;CommentsClose CommentsPermalink
(2) by redesignating subparagraph (G) as subparagraph (H); andCommentsClose CommentsPermalink
(3) by inserting after subparagraph (F) the following new subparagraph (G):CommentsClose CommentsPermalink
`(G) requires that the contractor shall not receive an advantage for a proposal that would reduce costs for the Department of Defense by--CommentsClose CommentsPermalink
`(i) not making an employer-sponsored health insurance plan (or payment that could be used in lieu of such a plan), health savings account, or medical savings account available to the workers who are to be employed to perform the function under the contract;CommentsClose CommentsPermalink
`(ii) offering to such workers an employer-sponsored health benefits plan that requires the employer to contribute less towards the premium or subscription share than the amount that is paid by the Department of Defense for health benefits for civilian employees of the Department under chapter 89 of title 5; orCommentsClose CommentsPermalink
`(iii) offering to such workers a retirement benefit that, in any year, costs less than the annual retirement cost factor applicable to civilian employees of the Department of Defense under chapter 84 of title 5; and'.CommentsClose CommentsPermalink
(b) Conforming Amendments- Such title is further amended--CommentsClose CommentsPermalink
(1) by striking section 2467; andCommentsClose CommentsPermalink
(2) in section 2461--CommentsClose CommentsPermalink
(A) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; andCommentsClose CommentsPermalink
(B) by inserting after subsection (a) the following new subsection (b):CommentsClose CommentsPermalink
`(b) Requirement to Consult DOD Employees- (1) Each officer or employee of the Department of Defense responsible for determining under Office of Management and Budget Circular A-76 whether to convert to contractor performance any function of the Department of Defense--CommentsClose CommentsPermalink
`(A) shall, at least monthly during the development and preparation of the performance work statement and the management efficiency study used in making that determination, consult with civilian employees who will be affected by that determination and consider the views of such employees on the development and preparation of that statement and that study; andCommentsClose CommentsPermalink
`(B) may consult with such employees on other matters relating to that determination.CommentsClose CommentsPermalink
`(2)(A) In the case of employees represented by a labor organization accorded exclusive recognition under section 7111 of title 5, consultation with representatives of that labor organization shall satisfy the consultation requirement in paragraph (1).CommentsClose CommentsPermalink
`(B) In the case of employees other than employees referred to in subparagraph (A), consultation with appropriate representatives of those employees shall satisfy the consultation requirement in paragraph (1).CommentsClose CommentsPermalink
`(C) The Secretary of Defense shall prescribe regulations to carry out this subsection. The regulations shall include provisions for the selection or designation of appropriate representatives of employees referred to in subparagraph (B) for purposes of the consultation required by paragraph (1).'.CommentsClose CommentsPermalink
(c) Technical Amendments- Section 2461 of such title, as amended by this section, is further amended--CommentsClose CommentsPermalink
(1) in subsection (a)(1)--CommentsClose CommentsPermalink
(A) in subparagraph (B), by inserting after `2003' the following: `, or any successor circular'; andCommentsClose CommentsPermalink
(B) in subparagraph (D), by striking `and reliability' and inserting `, reliability, and timeliness'; andCommentsClose CommentsPermalink
(2) in subsection (c)(2), as redesignated by subsection (b)(2), by inserting `of' after `examination'.CommentsClose CommentsPermalink
(d) Clerical Amendment- The table of sections at the beginning of chapter 146 of such title is amended by striking the item relating to section 2467.CommentsClose CommentsPermalink
SEC. 323. PUBLIC-PRIVATE COMPETITION AT END OF PERIOD SPECIFIED IN PERFORMANCE AGREEMENT NOT REQUIRED.
`(4) A military department or Defense Agency may not be required to conduct a public-private competition under Office of Management and Budget Circular A-76 or any other provision of law at the end of the performance period specified in a letter of obligation or other agreement entered into with Department of Defense civilian employees pursuant to a public-private competition for any function of the Department of Defense performed by Department of Defense civilian employees.'.CommentsClose CommentsPermalink
SEC. 324. GUIDELINES ON INSOURCING NEW AND CONTRACTED OUT FUNCTIONS.
(a) Codification and Revision of Requirement for Guidelines-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 146 of title 10, United States Code, is amended by inserting after section 2462 the following new section:CommentsClose CommentsPermalink
`Sec. 2463. Guidelines and procedures for use of civilian employees to perform Department of Defense functions
`(a) Guidelines Required- (1) The Under Secretary of Defense for Personnel and Readiness shall devise and implement guidelines and procedures to ensure that consideration is given to using, on a regular basis, Department of Defense civilian employees to perform new functions and functions that are performed by contractors and could be performed by Department of Defense civilian employees. The Secretary of a military department may prescribe supplemental regulations, if the Secretary determines such regulations are necessary for implementing such guidelines within that military department.CommentsClose CommentsPermalink
`(2) The guidelines and procedures required under paragraph (1) may not include any specific limitation or restriction on the number of functions or activities that may be converted to performance by Department of Defense civilian employees.CommentsClose CommentsPermalink
`(b) Special Consideration for Certain Functions- The guidelines and procedures required under subsection (a) shall provide for special consideration to be given to using Department of Defense civilian employees to perform any function that--CommentsClose CommentsPermalink
`(1) is performed by a contractor and--CommentsClose CommentsPermalink
`(A) has been performed by Department of Defense civilian employees at any time during the previous 10 years;CommentsClose CommentsPermalink
`(B) is a function closely associated with the performance of an inherently governmental function;CommentsClose CommentsPermalink
`(C) has been performed pursuant to a contract awarded on a non-competitive basis; orCommentsClose CommentsPermalink
`(D) has been performed poorly, as determined by a contracting officer during the 5-year period preceding the date of such determination, because of excessive costs or inferior quality; orCommentsClose CommentsPermalink
`(2) is a new requirement, with particular emphasis given to a new requirement that is similar to a function previously performed by Department of Defense civilian employees or is a function closely associated with the performance of an inherently governmental function.CommentsClose CommentsPermalink
`(c) Exclusion of Certain Functions From Competitions- The Secretary of Defense may not conduct a public-private competition under this chapter, Office of Management and Budget Circular A-76, or any other provision of law or regulation before--CommentsClose CommentsPermalink
`(1) in the case of a new Department of Defense function, assigning the performance of the function to Department of Defense civilian employees;CommentsClose CommentsPermalink
`(2) in the case of any Department of Defense function described in subsection (b), converting the function to performance by Department of Defense civilian employees; orCommentsClose CommentsPermalink
`(3) in the case of a Department of Defense function performed by Department of Defense civilian employees, expanding the scope of the function.CommentsClose CommentsPermalink
`(d) Use of Flexible Hiring Authority- (1) The Secretary of Defense may use the flexible hiring authority available to the Secretary under the National Security Personnel System, as established pursuant to section 9902 of title 5, to facilitate the performance by Department of Defense civilian employees of functions described in subsection (b).CommentsClose CommentsPermalink
`(2) The Secretary shall make use of the inventory required by section 2330a(c) of this title for the purpose of identifying functions that should be considered for performance by Department of Defense civilian employees pursuant to subsection (b).CommentsClose CommentsPermalink
`(e) Definitions- In this section the term `functions closely associated with inherently governmental functions' has the meaning given that term in section 2383(b)(3) of this title.'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2462 the following new item:CommentsClose CommentsPermalink
`2463. Guidelines and procedures for use of civilian employees to perform Department of Defense functions.'.CommentsClose CommentsPermalink
(3) DEADLINE FOR ISSUANCE OF GUIDELINES AND PROCEDURES- The Secretary of Defense shall implement the guidelines and procedures required under
(b) Inspector General Report- Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the congressional defense committees a report on the implementation of this section and the amendments made by this section.CommentsClose CommentsPermalink
(c) Conforming Repeal- The National Defense Authorization Act for Fiscal Year 2006 (
SEC. 325. RESTRICTION ON OFFICE OF MANAGEMENT AND BUDGET INFLUENCE OVER DEPARTMENT OF DEFENSE PUBLIC-PRIVATE COMPETITIONS.
(a) Restriction on Office of Management and Budget- The Office of Management and Budget may not direct or require the Secretary of Defense or the Secretary of a military department to prepare for, undertake, continue, or complete a public-private competition or direct conversion of a Department of Defense function to performance by a contractor under Office of Management and Budget Circular A-76, or any other successor regulation, directive, or policy.CommentsClose CommentsPermalink
(b) Restriction on Secretary of Defense- The Secretary of Defense or the Secretary of a military department may not prepare for, undertake, continue, or complete a public-private competition or direct conversion of a Department of Defense function to performance by a contractor under Office of Management and Budget Circular A-76, or any other successor regulation, directive, or policy by reason of any direction or requirement provided by the Office of Management and Budget.CommentsClose CommentsPermalink
(c) Inspector General Review-CommentsClose CommentsPermalink
(1) COMPREHENSIVE REVIEW REQUIRED- The Inspector General of the Department of Defense shall conduct a comprehensive review of the compliance of the Secretary of Defense and the Secretaries of the military departments with the requirements of this section during calendar year 2008. The Inspector General shall submit to the congressional defense committees the following reports on the comprehensive review:CommentsClose CommentsPermalink
(A) An interim report, to be submitted by not later than 90 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(B) A final report, to be submitted by not later than December 31, 2008.CommentsClose CommentsPermalink
(2) INSPECTOR GENERAL ACCESS- For the purpose of determining compliance with the requirements of this section, the Secretary of Defense shall ensure that the Inspector General has access to all Department records of relevant communications between Department officials and officials of other departments and agencies of the Federal Government, whether such communications occurred inside or outside of the Department.CommentsClose CommentsPermalink
SEC. 326. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-76.
(a) Eligibility to Protest Public-Private Competitions-
`(2) The term `interested party'--CommentsClose CommentsPermalink
`(A) with respect to a contract or a solicitation or other request for offers described in paragraph (1), means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of the contract or by failure to award the contract; andCommentsClose CommentsPermalink
`(B) with respect to a public-private competition conducted under Office of Management and Budget Circular A-76 with respect to the performance of an activity or function of a Federal agency, or a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A-76, includes--CommentsClose CommentsPermalink
`(i) any official who submitted the agency tender in such competition; andCommentsClose CommentsPermalink
`(ii) any one individual who, for the purpose of representing the Federal employees engaged in the performance of the activity or function for which the public-private competition is conducted in a protest under this subchapter that relates to such public-private competition, has been designated as the agent of the Federal employees by a majority of such employees.'.CommentsClose CommentsPermalink
(b) Expedited Action-CommentsClose CommentsPermalink
(1) IN GENERAL- Subchapter V of chapter 35 of such title is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 3557. Expedited action in protests of Public-Private competitions
`For any protest of a public-private competition conducted under Office of Management and Budget Circular A-76 with respect to the performance of an activity or function of a Federal agency, the Comptroller General shall administer the provisions of this subchapter in the manner best suited for expediting the final resolution of the protest and the final action in the public-private competition.'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The chapter analysis at the beginning of such chapter is amended by inserting after the item relating to section 3556 the following new item:CommentsClose CommentsPermalink
`3557. Expedited action in protests of public-private competitions.'.CommentsClose CommentsPermalink
(c) Right to Intervene in Civil Action-
`(5) If an interested party who is a member of the private sector commences an action described in paragraph (1) with respect to a public-private competition conducted under Office of Management and Budget Circular A-76 regarding the performance of an activity or function of a Federal agency, or a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A-76, then an interested party described in section 3551(2)(B) of title 31 shall be entitled to intervene in that action.'.CommentsClose CommentsPermalink
(d) Applicability- Subparagraph (B) of
(1) a protest or civil action that challenges final selection of the source of performance of an activity or function of a Federal agency that is made pursuant to a study initiated under Office of Management and Budget Circular A-76 on or after January 1, 2004; andCommentsClose CommentsPermalink
(2) any other protest or civil action that relates to a public-private competition initiated under Office of Management and Budget Circular A-76, or to a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A-76, on or after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 327. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE CONVERSION TO CONTRACTOR PERFORMANCE.
(a) In General- The Office of Federal Procurement Policy Act (
`SEC. 43. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE CONVERSION TO CONTRACTOR PERFORMANCE.
`(a) Public-Private Competition- (1) A function of an executive agency performed by 10 or more agency civilian employees may not be converted, in whole or in part, to performance by a contractor unless the conversion is based on the results of a public-private competition that--CommentsClose CommentsPermalink
`(A) formally compares the cost of performance of the function by agency civilian employees with the cost of performance by a contractor;CommentsClose CommentsPermalink
`(B) creates an agency tender, including a most efficient organization plan, in accordance with Office of Management and Budget Circular A-76, as implemented on May 29, 2003, or any successor circular;CommentsClose CommentsPermalink
`(C) includes the issuance of a solicitation;CommentsClose CommentsPermalink
`(D) determines whether the submitted offers meet the needs of the executive agency with respect to factors other than cost, including quality, reliability, and timeliness;CommentsClose CommentsPermalink
`(E) examines the cost of performance of the function by agency civilian employees and the cost of performance of the function by one or more contractors to demonstrate whether converting to performance by a contractor will result in savings to the Government over the life of the contract, including--CommentsClose CommentsPermalink
`(i) the estimated cost to the Government (based on offers received) for performance of the function by a contractor;CommentsClose CommentsPermalink
`(ii) the estimated cost to the Government for performance of the function by agency civilian employees; andCommentsClose CommentsPermalink
`(iii) an estimate of all other costs and expenditures that the Government would incur because of the award of such a contract;CommentsClose CommentsPermalink
`(F) requires continued performance of the function by agency civilian employees unless the difference in the cost of performance of the function by a contractor compared to the cost of performance of the function by agency civilian employees would, over all performance periods required by the solicitation, be equal to or exceed the lesser of--CommentsClose CommentsPermalink
`(i) 10 percent of the personnel-related costs for performance of that function in the agency tender; orCommentsClose CommentsPermalink
`(ii) $10,000,000; andCommentsClose CommentsPermalink
`(G) examines the effect of performance of the function by a contractor on the agency mission associated with the performance of the function.CommentsClose CommentsPermalink
`(2) A function that is performed by the executive agency and is reengineered, reorganized, modernized, upgraded, expanded, or changed to become more efficient, but still essentially provides the same service, shall not be considered a new requirement.CommentsClose CommentsPermalink
`(3) In no case may a function being performed by executive agency personnel be--CommentsClose CommentsPermalink
`(A) modified, reorganized, divided, or in any way changed for the purpose of exempting the conversion of the function from the requirements of this section; orCommentsClose CommentsPermalink
`(B) converted to performance by a contractor to circumvent a civilian personnel ceiling.CommentsClose CommentsPermalink
`(b) Requirement to Consult Employees- (1) Each civilian employee of an executive agency responsible for determining under Office of Management and Budget Circular A-76 whether to convert to contractor performance any function of the executive agency--CommentsClose CommentsPermalink
`(A) shall, at least monthly during the development and preparation of the performance work statement and the management efficiency study used in making that determination, consult with civilian employees who will be affected by that determination and consider the views of such employees on the development and preparation of that statement and that study; andCommentsClose CommentsPermalink
`(B) may consult with such employees on other matters relating to that determination.CommentsClose CommentsPermalink
`(2)(A) In the case of employees represented by a labor organization accorded exclusive recognition under
`(B) In the case of employees other than employees referred to in subparagraph (A), consultation with appropriate representatives of those employees shall satisfy the consultation requirement in paragraph (1).CommentsClose CommentsPermalink
`(C) The head of each executive agency shall prescribe regulations to carry out this subsection. The regulations shall include provisions for the selection or designation of appropriate representatives of employees referred to in paragraph (2)(B) for purposes of consultation required by paragraph (1).CommentsClose CommentsPermalink
`(c) Congressional Notification- (1) Before commencing a public-private competition under subsection (a), the head of an executive agency shall submit to Congress a report containing the following:CommentsClose CommentsPermalink
`(A) The function for which such public-private competition is to be conducted.CommentsClose CommentsPermalink
`(B) The location at which the function is performed by agency civilian employees.CommentsClose CommentsPermalink
`(C) The number of agency civilian employee positions potentially affected.CommentsClose CommentsPermalink
`(D) The anticipated length and cost of the public-private competition, and a specific identification of the budgetary line item from which funds will be used to cover the cost of the public-private competition.CommentsClose CommentsPermalink
`(E) A certification that a proposed performance of the function by a contractor is not a result of a decision by an official of an executive agency to impose predetermined constraints or limitations on such employees in terms of man years, end strengths, full-time equivalent positions, or maximum number of employees.CommentsClose CommentsPermalink
`(2) The report required under paragraph (1) shall include an examination of the potential economic effect of performance of the function by a contractor on--CommentsClose CommentsPermalink
`(A) agency civilian employees who would be affected by such a conversion in performance; andCommentsClose CommentsPermalink
`(B) the local community and the Government, if more than 50 agency civilian employees perform the function.CommentsClose CommentsPermalink
`(3)(A) A representative individual or entity at a facility where a public-private competition is conducted may submit to the head of the executive agency an objection to the public-private competition on the grounds that the report required by paragraph (1) has not been submitted or that the certification required by paragraph (1)(E) is not included in the report submitted as a condition for the public-private competition. The objection shall be in writing and shall be submitted within 90 days after the following date:CommentsClose CommentsPermalink
`(i) In the case of a failure to submit the report when required, the date on which the representative individual or an official of the representative entity authorized to pose the objection first knew or should have known of that failure.CommentsClose CommentsPermalink
`(ii) In the case of a failure to include the certification in a submitted report, the date on which the report was submitted to Congress.CommentsClose CommentsPermalink
`(B) If the head of the executive agency determines that the report required by paragraph (1) was not submitted or that the required certification was not included in the submitted report, the function for which the public-private competition was conducted for which the objection was submitted may not be the subject of a solicitation of offers for, or award of, a contract until, respectively, the report is submitted or a report containing the certification in full compliance with the certification requirement is submitted.CommentsClose CommentsPermalink
`(d) Exemption for the Purchase of Products and Services of the Blind and Other Severely Handicapped Persons- This section shall not apply to a commercial or industrial type function of an executive agency that--CommentsClose CommentsPermalink
`(1) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O'Day Act (
`(2) is planned to be changed to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped persons in accordance with that Act.CommentsClose CommentsPermalink
`(e) Inapplicability During War or Emergency- The provisions of this section shall not apply during war or during a period of national emergency declared by the President or Congress.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections in section 1(b) of such Act is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`Sec. 43. Public-private competition required before conversion to contractor performance.'.CommentsClose CommentsPermalink
SEC. 328. EXTENSION OF AUTHORITY FOR ARMY INDUSTRIAL FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES WITH NON-ARMY ENTITIES.
(a) Extension of Authority-
(1) in subsection (a), by adding at the end the following: `This authority may be used to enter into not more than eight contracts or cooperative agreements.'; andCommentsClose CommentsPermalink
(2) in subsection (k), by striking `2009' and inserting `2014'.CommentsClose CommentsPermalink
(b) Reports-CommentsClose CommentsPermalink
(1) ANNUAL REPORT ON USE OF AUTHORITY- The Secretary of the Army shall submit to Congress at the same time the budget of the President is submitted to Congress for fiscal years 2009 through 2016 under
(2) ANALYSIS OF USE OF AUTHORITY- Not later than September 30, 2012, the Secretary of the Army shall submit to the congressional defense committees a report assessing the advisability of making such authority permanent and eliminating the limitation on the number of contracts or cooperative arrangements that may be entered into pursuant to such authority.CommentsClose CommentsPermalink
SEC. 329. REAUTHORIZATION AND MODIFICATION OF MULTI-TRADES DEMONSTRATION PROJECT.
(a) Reauthorization and Expansion- Section 338 of the National Defense Authorization Act for Fiscal Year 2004 (
(1) by striking subsection (a) and inserting the following new subsection (a):CommentsClose CommentsPermalink
`(a) Demonstration Project Authorized- In accordance with
`(1) In the case of the Secretary of the Army, at one Army depot.CommentsClose CommentsPermalink
`(2) In the case of the Secretary of the Navy, at one Navy Fleet Readiness Center.CommentsClose CommentsPermalink
`(3) In the case of the Secretary of the Air Force, at one Air Force Logistics Center.';CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by striking `a Naval Aviation Depot' and inserting `an Air Force Air Logistics Center, Navy Fleet Readiness Center, or Army depot'; andCommentsClose CommentsPermalink
(B) by striking `Secretary' and inserting `Secretary of the military department concerned';CommentsClose CommentsPermalink
(3) by striking subsection (d) and redesignating subsections (e) through (g) as subsections (d) through (f), respectively;CommentsClose CommentsPermalink
(4) in subsection (d), as so redesignated, by striking `2004 through 2006' and inserting `2008 through 2013';CommentsClose CommentsPermalink
(5) in subsection (e), as so redesignated--CommentsClose CommentsPermalink
(A) by striking `2007' and inserting `2014';CommentsClose CommentsPermalink
(B) by inserting after `Secretary' the following `of each military department that carried out a demonstration project under this section'; andCommentsClose CommentsPermalink
(C) by adding at the end the following new sentence: `Each such report shall include the Secretary's recommendation on whether permanent multi-trade authority should be authorized.'; andCommentsClose CommentsPermalink
(6) in subsection (f), as so redesignated--CommentsClose CommentsPermalink
(A) in the first sentence, by striking `The Secretary' and inserting `Each Secretary who submits a report under subsection (e)'; andCommentsClose CommentsPermalink
(B) in the second sentence--CommentsClose CommentsPermalink
(i) by striking `receiving the report' and inserting `receiving a report'; andCommentsClose CommentsPermalink
(ii) by striking `evaluation of the report' and inserting `evaluation of that report'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The heading for such section is amended to read as follows:CommentsClose CommentsPermalink
`SEC. 338. MULTI-TRADES DEMONSTRATION PROJECT.'.
SEC. 330. PILOT PROGRAM FOR AVAILABILITY OF WORKING-CAPITAL FUNDS TO ARMY FOR CERTAIN PRODUCT IMPROVEMENTS.
(a) In General- Notwithstanding
(b) Product Improvement- A product improvement covered by the pilot program is the procurement and installation of a component or subsystem of a weapon system platform or major end item that would improve the reliability and maintainability, extend the useful life, enhance safety, lower maintenance costs, or provide performance enhancement of the weapon system platform or major end item.CommentsClose CommentsPermalink
(c) Limitation on Certain Projects- Funds may not be used under subsection (a) for--CommentsClose CommentsPermalink
(1) any product improvement that significantly changes the performance envelope of an end item; orCommentsClose CommentsPermalink
(2) any component with an estimated total cost in excess of $1,000,000.CommentsClose CommentsPermalink
(d) Limitation in Fiscal Year Pending Timely Report- If during any fiscal year the report required by paragraph (1) of subsection (e) is not submitted by the date specified in paragraph (3) of that subsection, funds may not be used under subsection (a) in such fiscal year during the period--CommentsClose CommentsPermalink
(1) beginning on the date specified in paragraph (3) of subsection (e); andCommentsClose CommentsPermalink
(2) ending on the date of the submittal of the report under paragraph (1) of subsection (e).CommentsClose CommentsPermalink
(e) Annual Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Each fiscal year, the Assistant Secretary of the Army for Acquisition, Logistics, and Technology, in consultation with the Assistant Secretary of the Army for Financial Management and Comptroller, shall submit to the congressional defense committees a report on the use of the authority in subsection (a) during the preceding fiscal year.CommentsClose CommentsPermalink
(2) RECOMMENDATION- In the case of the report required to be submitted under paragraph (1) during fiscal year 2012, the report shall include the recommendation of the Assistant Secretary of the Army for Acquisition, Logistics, and Technology regarding whether the authority under subsection (a) should be made permanent.CommentsClose CommentsPermalink
(3) DEADLINE FOR SUBMITTAL- The report required by paragraph (1) in a fiscal year shall be submitted not later than 60 days after the date of the submittal to Congress of the budget of the President for the succeeding fiscal year pursuant to
(f) Sunset- The authority under subsection (a) shall expire on October 1, 2013.CommentsClose CommentsPermalink
Subtitle D--Extension of Program Authorities
SEC. 341. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE.
Section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (
(1) in subsection (a), by striking `2008' and inserting `2010'; andCommentsClose CommentsPermalink
(2) in subsection (g)(1), by striking `2008' and inserting `2010'.CommentsClose CommentsPermalink
SEC. 342. EXTENSION OF PERIOD FOR REIMBURSEMENT FOR HELMET PADS PURCHASED BY MEMBERS OF THE ARMED FORCES DEPLOYED IN CONTINGENCY OPERATIONS.
(a) Extension- Section 351 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (
(1) in subsection (a)(3), by inserting before the period at the end the following: `, or in the case of protective helmet pads purchased by a member from a qualified vendor for that member's personal use, ending on September 30, 2007';CommentsClose CommentsPermalink
(2) in subsection (c)--CommentsClose CommentsPermalink
(A) by inserting after `Armed Forces' the following: `shall comply with regular Department of Defense procedures for the submission of claims and'; andCommentsClose CommentsPermalink
(B) by inserting before the period at the end the following: `or one year after the date on which the purchase of the protective, safety, or health equipment was made, whichever occurs last'; andCommentsClose CommentsPermalink
(3) in subsection (d), by adding at the end the following new sentence: `Subsection (a)(1) shall not apply in the case of the purchase of protective helmet pads on behalf of a member.'.CommentsClose CommentsPermalink
(b) Funding- Amounts for reimbursements made under section 351 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 after the date of the enactment of this Act shall be derived from supplemental appropriations for the Department of Defense for fiscal year 2008, contingent upon such appropriations being enacted.CommentsClose CommentsPermalink
SEC. 343. EXTENSION OF TEMPORARY AUTHORITY FOR CONTRACT PERFORMANCE OF SECURITY GUARD FUNCTIONS.
(a) Extension- Subsection (c) of section 332 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (
(b) Limitation for Fiscal Years 2010 Through 2012- Subsection (d) of such section is amended--CommentsClose CommentsPermalink
(1) in paragraph (2), by striking `and' at the end;CommentsClose CommentsPermalink
(2) in paragraph (3), by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
`(4) for fiscal year 2010, the number equal to 70 percent of the total number of such personnel employed under such contracts on October 1, 2006;CommentsClose CommentsPermalink
`(5) for fiscal year 2011, the number equal to 60 percent of the total number of such personnel employed under such contracts on October 1, 2006; andCommentsClose CommentsPermalink
`(6) for fiscal year 2012, the number equal to 50 percent of the total number of such personnel employed under such contracts on October 1, 2006.'.CommentsClose CommentsPermalink
Subtitle E--Reports
SEC. 351. REPORTS ON NATIONAL GUARD READINESS FOR EMERGENCIES AND MAJOR DISASTERS.
(a) Annual Reports on Equipment-
`(9) An assessment of the extent to which the National Guard possesses the equipment required to perform the responsibilities of the National Guard pursuant to sections 331, 332, 333, 12304(b), and 12406 of this title in response to an emergency or major disaster (as such terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
`(A) identify any shortfall in equipment provided to the National Guard by the Department of Defense throughout the United States and the territories and possessions of the United States that is likely to affect the ability of the National Guard to perform such responsibilities;CommentsClose CommentsPermalink
`(B) evaluate the effect of any such shortfall on the capacity of the National Guard to perform such responsibilities in response to an emergency or major disaster that occurs in the United States or a territory or possession of the United States; andCommentsClose CommentsPermalink
`(C) identify the requirements and investment strategies for equipment provided to the National Guard by the Department of Defense that are necessary to plan for a reduction or elimination of any such shortfall.'.CommentsClose CommentsPermalink
(b) Inclusion of Assessment of National Guard Readiness in Quarterly Personnel and Unit Readiness Report- Section 482 of such title is amended--CommentsClose CommentsPermalink
(1) in subsection (a), by striking `and (e)' and inserting `(e), and (f)';CommentsClose CommentsPermalink
(2) by redesignating subsection (f) as subsection (g); andCommentsClose CommentsPermalink
(3) by inserting after subsection (e) the following new subsection (f):CommentsClose CommentsPermalink
`(f) Readiness of National Guard to Perform Civil Support Missions- (1) Each report shall also include an assessment of the readiness of the National Guard to perform tasks required to support the National Response Plan for support to civil authorities.CommentsClose CommentsPermalink
`(2) Any information in an assessment under this subsection that is relevant to the National Guard of a particular State shall also be made available to the Governor of that State.CommentsClose CommentsPermalink
`(3) The Secretary shall ensure that each State Governor has an opportunity to provide to the Secretary an independent evaluation of that State's National Guard, which the Secretary shall include with each assessment submitted under this subsection.'.CommentsClose CommentsPermalink
(c) Effective Date-CommentsClose CommentsPermalink
(1) ANNUAL REPORT ON NATIONAL GUARD AND RESERVE COMPONENT EQUIPMENT- The amendment made by subsection (a) shall apply with respect to reports submitted after the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) QUARTERLY REPORTS ON PERSONNEL AND UNIT READINESS- The amendment made by subsection (b) shall apply with respect to the quarterly report required under
(d) Report on Implementation-CommentsClose CommentsPermalink
(1) IN GENERAL- As part of the budget justification materials submitted to Congress in support of the budget of the President for each of fiscal years 2009 and 2010 (as submitted under
(2) ELEMENTS- Each report required under paragraph (1) shall include a description of the mechanisms to be utilized by the Secretary for assessing the personnel, equipment, and training readiness of the National Guard, including the standards and measures that will be applied and mechanisms for sharing information on such matters with the Governors of the States.CommentsClose CommentsPermalink
SEC. 352. ANNUAL REPORT ON PREPOSITIONED MATERIEL AND EQUIPMENT.
(a) Annual Report Required- Chapter 131 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 2229a. Annual report on prepositioned materiel and equipment
`(a) Annual Report Required- Not later than the date of the submission of the President's budget request for a fiscal year under section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the materiel in the prepositioned stocks as of the end of the fiscal year preceding the fiscal year during which the report is submitted. Each report shall be unclassified and may contain a classified annex. Each report shall include the following information:CommentsClose CommentsPermalink
`(1) The level of fill for major end items of equipment and spare parts in each prepositioned set as of the end of the fiscal year covered by the report.CommentsClose CommentsPermalink
`(2) The material condition of equipment in the prepositioned stocks as of the end of such fiscal year, grouped by category or major end item.CommentsClose CommentsPermalink
`(3) A list of major end items of equipment drawn from the prepositioned stocks during such fiscal year and a description of how that equipment was used and whether it was returned to the stocks after being used.CommentsClose CommentsPermalink
`(4) A timeline for completely reconstituting any shortfall in the prepositioned stocks.CommentsClose CommentsPermalink
`(5) An estimate of the amount of funds required to completely reconstitute any shortfall in the prepositioned stocks and a description of the Secretary's plan for carrying out such complete reconstitution.CommentsClose CommentsPermalink
`(6) A list of any operations plan affected by any shortfall in the prepositioned stocks and a description of any action taken to mitigate any risk that such a shortfall may create.CommentsClose CommentsPermalink
`(b) Comptroller General Review- (1) By not later than 120 days after the date on which a report is submitted under subsection (a), the Comptroller General shall review the report and, as the Comptroller General determines appropriate, submit to the congressional defense committees any additional information that the Comptroller General determines will further inform such committees on issues relating to the status of the materiel in the prepositioned stocks.CommentsClose CommentsPermalink
`(2) The Secretary of Defense shall ensure the full cooperation of the Department of Defense with the Comptroller General for purposes of the conduct of the review required by this subsection, both before and after each report is submitted under subsection (a). The Secretary shall conduct periodic briefings for the Comptroller General on the information covered by each report required under subsection (a) and provide to the Comptroller General access to the data and preliminary results to be used by the Secretary in preparing each such report before the Secretary submits the report to enable the Comptroller General to conduct each review required under paragraph (1) in a timely manner.CommentsClose CommentsPermalink
`(3) The requirement to conduct a review under this subsection shall terminate on September 30, 2015.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`2229a. Annual report on prepositioned materiel and equipment.'.CommentsClose CommentsPermalink
SEC. 353. REPORT ON INCREMENTAL COST OF EARLY 2007 ENHANCED DEPLOYMENT.
Section 323(b)(2) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(1) in subparagraph (A), by striking `; and' and inserting a semicolon;CommentsClose CommentsPermalink
(2) in subparagraph (B), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(3) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(C) each of the military departments for the incremental changes in reset costs resulting from the deployment and redeployment of forces to Iraq and Afghanistan above the levels deployed to such countries on January 1, 2007.'.CommentsClose CommentsPermalink
SEC. 354. MODIFICATION OF REQUIREMENTS OF COMPTROLLER GENERAL REPORT ON THE READINESS OF ARMY AND MARINE CORPS GROUND FORCES.
(a) Submittal Date- Subsection (a)(1) of section 345 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(b) Elements- Subsection (b) of such section is amended--CommentsClose CommentsPermalink
(1) by striking paragraph (2);CommentsClose CommentsPermalink
(2) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; andCommentsClose CommentsPermalink
(3) by inserting after paragraph (1) the following new paragraphs:CommentsClose CommentsPermalink
`(2) An assessment of the ability of the Army and Marine Corps to provide trained and ready forces to meet the requirements of increased force levels in support of Operation Iraqi Freedom and Operation Enduring Freedom above such force levels in effect on January 1, 2007, and to meet the requirements of other ongoing operations simultaneously with such increased force levels.CommentsClose CommentsPermalink
`(3) An assessment of the strategic depth of the Army and Marine Corps and their ability to provide trained and ready forces to meet the requirements of the high-priority contingency war plans of the regional combatant commands, including an identification and evaluation for each such plan of--CommentsClose CommentsPermalink
`(A) the strategic and operational risks associated with current and projected forces of current and projected readiness;CommentsClose CommentsPermalink
`(B) the time required to make forces available and prepare them for deployment; andCommentsClose CommentsPermalink
`(C) likely strategic tradeoffs necessary to meet the requirements of each such plan.'.CommentsClose CommentsPermalink
(c) Department of Defense Cooperation- Such section is further amended--CommentsClose CommentsPermalink
(1) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink
(2) by inserting after subsection (b) the following new subsection (c):CommentsClose CommentsPermalink
`(c) Department of Defense Cooperation- The Secretary of Defense shall ensure the full cooperation of the Department of Defense with the Comptroller General for purposes of the preparation of the report required by this section.'.CommentsClose CommentsPermalink
SEC. 355. PLAN TO IMPROVE READINESS OF GROUND FORCES OF ACTIVE AND RESERVE COMPONENTS.
(a) Report Required- At the same time that the budget is submitted under
(1) a summary of the readiness of each reporting unit of the ground forces of the active and reserve components and a summary of the readiness of each major combat unit of each Armed Force by readiness level;CommentsClose CommentsPermalink
(2) an identification of the extent to which the actual readiness ratings of the active and reserve components of the Armed Forces have been upgraded based on the judgment of commanders and any efforts of the Secretary of Defense to analyze the trends and implications of such upgrades;CommentsClose CommentsPermalink
(3) the goals of the Secretary of Defense for managing the readiness of the ground forces of the active and reserve components, expressed in terms of the number of units or percentage of the force that the Secretary plans to maintain at each level of readiness, and the Secretary's projected timeframe for achieving each such goal;CommentsClose CommentsPermalink
(4) a prioritized list of items and actions to be accomplished during the fiscal year during which the report is submitted, and during the fiscal years covered by the future-years defense program, that the Secretary of Defense believes are necessary to significantly improve the readiness of the ground forces of the active and reserve components and achieve the goals and timeframes described in paragraph (3); andCommentsClose CommentsPermalink
(5) a detailed investment strategy and plan for each fiscal year covered by the future-years defense program under
(b) Comptroller General Review- By not later than 60 days after the date on which a report is submitted under subsection (a), the Comptroller General shall review the report and, as the Comptroller General determines appropriate, submit to the congressional defense committees any additional information that the Comptroller General determines will further inform the congressional defense committees on issues relating to the readiness of the ground forces of the active and reserve components of the Armed Forces.CommentsClose CommentsPermalink
(c) Termination- The requirement to submit a report under subsection (a) shall terminate on the date the Secretary of Defense submits the fifth report required under that subsection.CommentsClose CommentsPermalink
SEC. 356. INDEPENDENT ASSESSMENT OF CIVIL RESERVE AIR FLEET VIABILITY.
(a) Independent Assessment Required- The Secretary of Defense shall provide for an independent assessment of the viability of the Civil Reserve Air Fleet to be conducted by a federally-funded research and development center selected by the Secretary.CommentsClose CommentsPermalink
(b) Contents of Assessment- The assessment required by subsection (a) shall include each of the following:CommentsClose CommentsPermalink
(1) An assessment of the Civil Reserve Air Fleet as of the date of the enactment of this Act, including an assessment of--CommentsClose CommentsPermalink
(A) the level of increased use of commercial assets to fulfill Department of Defense transportation requirements as a result of the increased global mobility requirements in response to the terrorist attacks of September 11, 2001;CommentsClose CommentsPermalink
(B) the extent of charter air carrier participation in fulfilling increased Department of Defense transportation requirements as a result of the increased global mobility requirements in response to the terrorist attacks of September 11, 2001;CommentsClose CommentsPermalink
(C) any policy of the Secretary of Defense to limit the percentage of income a single air carrier participating in the Civil Reserve Air Fleet may earn under contracts with the Secretary during any calendar year and the effects of such policy on the air carrier industry in peacetime and during periods during which the Armed Forces are deployed in support of a contingency operation for which the Civil Reserve Air Fleet is not activated; andCommentsClose CommentsPermalink
(D) any risks to the charter air carrier industry as a result of the expansion of the industry in response to contingency operations resulting in increased demand by the Department of Defense.CommentsClose CommentsPermalink
(2) A strategic assessment of the viability of the Civil Reserve Air Fleet that compares such viability as of the date of the enactment of this Act with the projected viability of the Civil Reserve Air Fleet 5, 10, and 15 years after the date of the enactment of this Act, including for activations at each of stages 1, 2, and 3--CommentsClose CommentsPermalink
(A) an examination of the requirements of the Department of Defense for the Civil Reserve Air Fleet for the support of operational and contingency plans, including any anticipated changes in the Department's organic airlift capacity, logistics concepts, and personnel and training requirements;CommentsClose CommentsPermalink
(B) an assessment of air carrier participation in the Civil Reserve Air Fleet; andCommentsClose CommentsPermalink
(C) a comparison between the requirements of the Department described in subparagraph (A) and air carrier participation described in subparagraph (B).CommentsClose CommentsPermalink
(3) An examination of any perceived barriers to Civil Reserve Air Fleet viability, including--CommentsClose CommentsPermalink
(A) the operational planning system of the Civil Reserve Air Fleet;CommentsClose CommentsPermalink
(B) the reward system of the Civil Reserve Air Fleet;CommentsClose CommentsPermalink
(C) the long-term affordability of the Aviation War Risk Insurance Program;CommentsClose CommentsPermalink
(D) the effect on United States air carriers operating overseas routes during periods of Civil Reserve Air Fleet activation;CommentsClose CommentsPermalink
(E) increased foreign ownership of United States air carriers;CommentsClose CommentsPermalink
(F) increased operational costs during activation as a result of hazardous duty pay, routing delays, and inefficiencies in cargo handling by the Department of Defense;CommentsClose CommentsPermalink
(G) the effect of policy initiatives by the Secretary of Transportation to encourage international code sharing and alliances; andCommentsClose CommentsPermalink
(H) the effect of limitations imposed by the Secretary of Defense to limit commercial shipping options for certain routes and package sizes.CommentsClose CommentsPermalink
(4) Recommendations for improving the Civil Reserve Air Fleet program, including an assessment of potential incentives for increasing participation in the Civil Reserve Air Fleet program, including establishing a minimum annual purchase amount during peacetime.CommentsClose CommentsPermalink
(c) Submission to Congress- Upon the completion of the assessment required under subsection (a) and by not later than April 1, 2008, the Secretary shall submit to the congressional defense committees a report on the assessment.CommentsClose CommentsPermalink
(d) Comptroller General Report- Not later than 90 days after the report is submitted under subsection (c), the Comptroller General shall conduct a review of the assessment required under subsection (a).CommentsClose CommentsPermalink
SEC. 357. DEPARTMENT OF DEFENSE INSPECTOR GENERAL REPORT ON PHYSICAL SECURITY OF DEPARTMENT OF DEFENSE INSTALLATIONS.
(a) Report- Not later than one year after the date of the enactment of this Act, the Inspector General of the Department of Defense shall submit to Congress a report on the physical security of Department of Defense installations and resources.CommentsClose CommentsPermalink
(b) Elements- The report required by subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) An analysis of the progress in implementing requirements under the Physical Security Program as set forth in the Department of Defense Instruction 5200.08-R, Chapter 2 (C.2) and Chapter 3, Section 3: Installation Access (C3.3), which mandates the policies and minimum standards for the physical security of Department of Defense installations and resources.CommentsClose CommentsPermalink
(2) Recommendations based on the findings of the Comptroller General of the United States in the report required by section 344 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(3) Recommendations based on the lessons learned from the thwarted plot to attack Fort Dix, New Jersey, in 2007.CommentsClose CommentsPermalink
SEC. 358. REVIEW OF HIGH-ALTITUDE AVIATION TRAINING.
(a) Review Required- The Secretary of the Defense shall conduct a review of the training requirements of the Department of Defense for helicopter operations in high-altitude or power-limited conditions.CommentsClose CommentsPermalink
(b) Content- The review required under subsection (a) shall include an examination of--CommentsClose CommentsPermalink
(1) power-management and high-altitude training requirements by military department, helicopter, and crew position;CommentsClose CommentsPermalink
(2) training methods and locations currently used by each of the military departments to fulfill those training requirements;CommentsClose CommentsPermalink
(3) department or service regulations that prohibit or inhibit joint-service or inter-service high-altitude aviation training;CommentsClose CommentsPermalink
(4) costs for each of the previous 5 years associated with transporting aircraft to and from the High-Altitude Aviation Training Site, Gypsum, Colorado, for training purposes;CommentsClose CommentsPermalink
(5) potential risk avoidance and reductions in accident rates due to power management if training of the type offered at the High-Altitude Aviation Training Site was required training, rather than optional training; andCommentsClose CommentsPermalink
(6) potential cost savings and operational benefits, if any, of permanently stationing no less than 4 UH-60, 2 CH-47, and 2 LUH-72 aircraft at the High-Altitude Aviation Training Site, Gypsum, Colorado.CommentsClose CommentsPermalink
(c) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the conduct and findings of the review required under subsection (a) along with a summary of changes to policy, regulation, or asset allocation necessary to ensure that Department of Defense helicopter aircrews are adequately trained in high-altitude or power-limited flying conditions prior to being exposed to such conditions operationally.CommentsClose CommentsPermalink
SEC. 359. REPORTS ON SAFETY MEASURES AND ENCROACHMENT ISSUES AND MASTER PLAN FOR WARREN GROVE GUNNERY RANGE, NEW JERSEY.
(a) Annual Report on Safety Measures- Not later than March 1, 2008, and annually thereafter for 2 additional years, the Secretary of the Air Force shall submit to the congressional defense committees a report on efforts made by all of the military departments utilizing the Warren Grove Gunnery Range, New Jersey, to provide the highest level of safety.CommentsClose CommentsPermalink
(b) Master Plan for Warren Grove Gunnery Range-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a master plan for Warren Grove Gunnery Range.CommentsClose CommentsPermalink
(2) CONTENT- The master plan required under paragraph (1) shall include measures to mitigate encroachment of the Warren Grove Gunnery Range, taking into consideration military mission requirements, land use plans, the surrounding community, the economy of the region, and protection of the environment and public health, safety, and welfare.CommentsClose CommentsPermalink
(3) INPUT- In establishing the master plan required under paragraph (1), the Secretary shall seek input from relevant stakeholders at the Federal, State, and local level.CommentsClose CommentsPermalink
SEC. 360. REPORT ON SEARCH AND RESCUE CAPABILITIES OF THE AIR FORCE IN THE NORTHWESTERN UNITED STATES.
(a) Report- Not later than April 1, 2008, the Secretary of the Air Force shall submit to the appropriate congressional committees a report on the search and rescue capabilities of the Air Force in the northwestern United States.CommentsClose CommentsPermalink
(b) Content- The report required under subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) An assessment of the search and rescue capabilities required to support Air Force operations and training.CommentsClose CommentsPermalink
(2) A description of the compliance of the Air Force with the 1999 United States National Search and Rescue Plan (referred to hereinafter in this section as the `NSRP') for Washington, Oregon, Idaho, and Montana.CommentsClose CommentsPermalink
(3) An inventory and description of the search and rescue assets of the Air Force that are available to meet the requirements of the NSRP.CommentsClose CommentsPermalink
(4) A description of the use of such search and rescue assets during the 3-year period preceding the date when the report is submitted.CommentsClose CommentsPermalink
(5) The plans of the Air Force to meet current and future search and rescue requirements in the northwestern United States, including plans that take into consideration requirements related to support for both Air Force operations and training and compliance with the NSRP.CommentsClose CommentsPermalink
(6) An inventory of other search and rescue capabilities equivalent to such capabilities provided by the Air Force that may be provided by other Federal, State, or local agencies in the northwestern United States.CommentsClose CommentsPermalink
(c) Use of Report for Purposes of Certification Regarding Search and Rescue Capabilities- Section 1085 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (
(d) Appropriate Congressional Committees Defined- In this section, the term `appropriate congressional committees' means--CommentsClose CommentsPermalink
(1) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, and the Committee on Appropriations of the Senate; andCommentsClose CommentsPermalink
(2) the Committee on Armed Services, the Committee on Homeland Security, the Committee on Energy and Commerce, the Committee on Natural Resources, and the Committee on Appropriations of the House of Representatives.CommentsClose CommentsPermalink
SEC. 361. REPORT AND MASTER INFRASTRUCTURE RECAPITALIZATION PLAN FOR CHEYENNE MOUNTAIN AIR STATION, COLORADO.
(a) Report on Relocation of North American Aerospace Defense Command Center-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than March 1, 2008, the Secretary of Defense shall submit to Congress a report on the relocation of the North American Aerospace Defense Command center and related functions from Cheyenne Mountain Air Station, Colorado, to Peterson Air Force Base, Colorado.CommentsClose CommentsPermalink
(2) CONTENT- The report required under paragraph (1) shall include--CommentsClose CommentsPermalink
(A) an analysis comparing the total costs associated with the relocation, including costs determined as part of ongoing security-related studies of the relocation, to anticipated operational benefits from the relocation;CommentsClose CommentsPermalink
(B) a detailed explanation of the backup functions that will remain located at Cheyenne Mountain Air Station, and how such functions planned to be transferred out of Cheyenne Mountain Air Station, including the Space Operations Center, will maintain operational connectivity with their related commands and relevant communications centers;CommentsClose CommentsPermalink
(C) the final plans for the relocation of the North American Aerospace Defense Command center and related functions; andCommentsClose CommentsPermalink
(D) the findings and recommendations of an independent security and vulnerability assessment of Peterson Air Force Base carried out by Sandia National Laboratory for the United States Air Force Space Command and the Secretary's plans for mitigating any security and vulnerability risks identified as part of that assessment and associated cost and schedule estimates.CommentsClose CommentsPermalink
(b) Limitation on Availability of Funds Pending Receipt of Report- Of the funds appropriated pursuant to an authorization of appropriations or otherwise made available for fiscal year 2008 for operation and maintenance for the Air Force that are available for the Cheyenne Mountain Transformation project, $5,000,000 may not be obligated or expended until Congress receives the report required under subsection (a).CommentsClose CommentsPermalink
(c) Comptroller General Review- Not later than 120 days after the date on which the Secretary of Defense submits the report required under subsection (a), the Comptroller General shall submit to Congress a review of the report and the final plans of the Secretary for the relocation of the North American Aerospace Defense Command center and related functions.CommentsClose CommentsPermalink
(d) Master Infrastructure Recapitalization Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than March 16, 2008, the Secretary of the Air Force shall submit to Congress a master infrastructure recapitalization plan for Cheyenne Mountain Air Station.CommentsClose CommentsPermalink
(2) CONTENT- The plan required under paragraph (1) shall include--CommentsClose CommentsPermalink
(A) a description of the projects that are needed to improve the infrastructure required for supporting missions associated with Cheyenne Mountain Air Station; andCommentsClose CommentsPermalink
(B) a funding plan explaining the expected timetable for the Air Force to support such projects.CommentsClose CommentsPermalink
Subtitle F--Other Matters
SEC. 371. ENHANCEMENT OF CORROSION CONTROL AND PREVENTION FUNCTIONS WITHIN DEPARTMENT OF DEFENSE.
(a) Office of Corrosion Policy and Oversight-CommentsClose CommentsPermalink
(1) IN GENERAL-
`Sec. 2228. Office of Corrosion Policy and Oversight
`(a) Office and Director- (1) There is an Office of Corrosion Policy and Oversight within the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics.CommentsClose CommentsPermalink
`(2) The Office shall be headed by a Director of Corrosion Policy and Oversight, who shall be assigned to such position by the Under Secretary from among civilian employees of the Department of Defense with the qualifications described in paragraph (3). The Director is responsible in the Department of Defense to the Secretary of Defense (after the Under Secretary of Defense for Acquisition, Technology, and Logistics) for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense. The Director shall report directly to the Under Secretary.CommentsClose CommentsPermalink
`(3) In order to qualify to be assigned to the position of Director, an individual shall--CommentsClose CommentsPermalink
`(A) have management expertise in, and professional experience with, corrosion project and policy implementation, including an understanding of the effects of corrosion policies on infrastructure; research, development, test, and evaluation; and maintenance; andCommentsClose CommentsPermalink
`(B) have an understanding of Department of Defense budget formulation and execution, policy formulation, and planning and program requirements.CommentsClose CommentsPermalink
`(4) The Secretary of Defense shall designate the position of Director as a critical acquisition position under section 1733(b)(1)(C) of this title.'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS- Section 2228(b) of such title is amended--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking `official or organization designated under subsection (a)' and inserting `Director of Corrosion Policy and Oversight (in this section referred to as the `Director')'; andCommentsClose CommentsPermalink
(B) in paragraphs (2), (3), (4), and (5), by striking `designated official or organization' and inserting `Director'.CommentsClose CommentsPermalink
(b) Additional Authority for Director of Office- Section 2228 of such title is further amended--CommentsClose CommentsPermalink
(1) by redesignating subsections (c) and (d) as subsections (d) and (f), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (b) the following new subsection:CommentsClose CommentsPermalink
`(c) Additional Authorities for Director- The Director is authorized to--CommentsClose CommentsPermalink
`(1) develop, update, and coordinate corrosion training with the Defense Acquisition University;CommentsClose CommentsPermalink
`(2) participate in the process within the Department of Defense for the development of relevant directives and instructions; andCommentsClose CommentsPermalink
`(3) interact directly with the corrosion prevention industry, trade associations, other government corrosion prevention agencies, academic research and educational institutions, and scientific organizations engaged in corrosion prevention, including the National Academy of Sciences.'.CommentsClose CommentsPermalink
(c) Inclusion of Cooperative Research Agreements as Part of Corrosion Reduction Strategy- Subsection (d)(2)(D) of section 2228 of such title, as redesignated by subsection (b), is amended by inserting after `operational strategies' the following: `, including through the establishment of memoranda of agreement, joint funding agreements, public-private partnerships, university research and education centers, and other cooperative research agreements'.CommentsClose CommentsPermalink
(d) Report Requirement- Section 2228 of such title is further amended by inserting after subsection (d) (as redesignated by subsection (b)) the following new subsection:CommentsClose CommentsPermalink
`(e) Report- (1) For each budget for a fiscal year, beginning with the budget for fiscal year 2009, the Secretary of Defense shall submit, with the defense budget materials, a report on the following:CommentsClose CommentsPermalink
`(A) Funding requirements for the long-term strategy developed under subsection (d).CommentsClose CommentsPermalink
`(B) The return on investment that would be achieved by implementing the strategy.CommentsClose CommentsPermalink
`(C) The funds requested in the budget compared to the funding requirements.CommentsClose CommentsPermalink
`(D) An explanation if the funding requirements are not fully funded in the budget.CommentsClose CommentsPermalink
`(2) Within 60 days after submission of the budget for a fiscal year, the Comptroller General shall provide to the congressional defense committees--CommentsClose CommentsPermalink
`(A) an analysis of the budget submission for corrosion control and prevention by the Department of Defense; andCommentsClose CommentsPermalink
`(B) an analysis of the report required under paragraph (1).'.CommentsClose CommentsPermalink
(e) Definitions- Subsection (f) of section 2228 of such title, as redesignated by subsection (b), is amended by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
`(4) The term `budget', with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31.CommentsClose CommentsPermalink
`(5) The term `defense budget materials', with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.'.CommentsClose CommentsPermalink
(f) Clerical Amendment- The table of sections at the beginning of chapter 131 of such title is amended by striking the item relating to section 2228 and inserting the following new item:CommentsClose CommentsPermalink
`2228. Office of Corrosion Policy and Oversight.'.CommentsClose CommentsPermalink
SEC. 372. AUTHORITY FOR DEPARTMENT OF DEFENSE TO PROVIDE SUPPORT FOR CERTAIN SPORTING EVENTS.
(a) Provision of Support-
(1) in subsection (c), by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
`(4) A sporting event sanctioned by the United States Olympic Committee through the Paralympic Military Program.CommentsClose CommentsPermalink
`(5) Any national or international paralympic sporting event (other than a sporting event described in paragraphs (1) through (4))--CommentsClose CommentsPermalink
`(A) that--CommentsClose CommentsPermalink
`(i) is held in the United States or any of its territories or commonwealths;CommentsClose CommentsPermalink
`(ii) is governed by the International Paralympic Committee; andCommentsClose CommentsPermalink
`(iii) is sanctioned by the United States Olympic Committee;CommentsClose CommentsPermalink
`(B) for which participation exceeds 100 amateur athletes; andCommentsClose CommentsPermalink
`(C) in which at least 10 percent of the athletes participating in the sporting event are members or former members of the armed forces who are participating in the sporting event based upon an injury or wound incurred in the line of duty in the armed force and veterans who are participating in the sporting event based upon a service-connected disability.'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(g) Funding for Support of Certain Events- (1) Amounts for the provision of support for a sporting event described in paragraph (4) or (5) of subsection (c) may be derived from the Support for International Sporting Competitions, Defense account established by section 5802 of the Omnibus Consolidated Appropriations Act, 1997 (
`(2) The total amount expended for any fiscal year to provide support for sporting events described in subsection (c)(5) may not exceed $1,000,000.'.CommentsClose CommentsPermalink
(b) Source of Funds- Section 5802 of the Omnibus Consolidated Appropriations Act, 1997 (
(1) by inserting after `international sporting competitions' the following: `and for support of sporting competitions authorized under section 2564(c)(4) and (5), of title 10, United States Code,'; andCommentsClose CommentsPermalink
(2) by striking `45 days' and inserting `15 days'.CommentsClose CommentsPermalink
SEC. 373. AUTHORITY TO IMPOSE REASONABLE RESTRICTIONS ON PAYMENT OF FULL REPLACEMENT VALUE FOR LOST OR DAMAGED PERSONAL PROPERTY TRANSPORTED AT GOVERNMENT EXPENSE.
SEC. 374. PRIORITY TRANSPORTATION ON DEPARTMENT OF DEFENSE AIRCRAFT OF RETIRED MEMBERS RESIDING IN COMMONWEALTHS AND POSSESSIONS OF THE UNITED STATES FOR CERTAIN HEALTH CARE SERVICES.
(a) Availability of Transportation- Chapter 157 of title 10, United States Code, is amended by inserting after section 2641a the following new section:CommentsClose CommentsPermalink
`Sec. 2641b. Space-available travel on Department of Defense aircraft: retired members residing in Commonwealths and possessions of the United States for certain health care services
`(a) Priority Transportation- The Secretary of Defense shall provide transportation on Department of Defense aircraft on a space-available basis for any member or former member of the uniformed services described in subsection (b), and a single dependent of the member if needed to accompany the member, at a priority level in the same category as the priority level for an unaccompanied dependent over the age of 18 traveling on environmental and morale leave.CommentsClose CommentsPermalink
`(b) Eligible Members and Former Members- A member or former member eligible for priority transport under subsection (a) is a covered beneficiary under chapter 55 of this title who--CommentsClose CommentsPermalink
`(1) is entitled to retired or retainer pay;CommentsClose CommentsPermalink
`(2) resides in or is located in a Commonwealth or possession of the United States; andCommentsClose CommentsPermalink
`(3) is referred by a military or civilian primary care provider located in that Commonwealth or possession to a specialty care provider for services to be provided outside of that Commonwealth or possession.CommentsClose CommentsPermalink
`(c) Scope of Priority- The increased priority for space-available transportation required by subsection (a) applies with respect to both--CommentsClose CommentsPermalink
`(1) the travel from the Commonwealth or possession of the United States to receive the specialty care services; andCommentsClose CommentsPermalink
`(2) the return travel.CommentsClose CommentsPermalink
`(d) Definitions- In this section, the terms `primary care provider' and `specialty care provider' refer to a medical or dental professional who provides health care services under chapter 55 of this title.CommentsClose CommentsPermalink
`(e) Regulations- The Secretary of Defense shall prescribe regulations to implement this section.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2641a the following new item:CommentsClose CommentsPermalink
`2641b. Space-available travel on Department of Defense aircraft: retired members residing in Commonwealths and possessions of the United States for certain health care services.'.CommentsClose CommentsPermalink
SEC. 375. RECOVERY OF MISSING MILITARY PROPERTY.
(a) In General- Chapter 165 of title 10, United States Code, is amended by adding at the end the following new sections:CommentsClose CommentsPermalink
`Sec. 2788. Property accountability: regulations
`The Secretary of a military department may prescribe regulations for the accounting for the property of that department and the fixing of responsibility for that property.CommentsClose CommentsPermalink
`Sec. 2789. Individual equipment: unauthorized disposition
`(a) Prohibition- No member of the armed forces may sell, lend, pledge, barter, or give any clothing, arms, or equipment furnished to such member by the United States to any person other than a member of the armed forces or an officer of the United States who is authorized to receive it.CommentsClose CommentsPermalink
`(b) Seizure of Improperly Disposed Property- If a member of the armed forces has disposed of property in violation of subsection (a) and the property is in the possession of a person who is neither a member of the armed forces nor an officer of the United States who is authorized to receive it, that person has no right to or interest in the property, and any civil or military officer of the United States may seize the property, wherever found, subject to applicable regulations. Possession of such property furnished by the United States to a member of the armed forces by a person who is neither a member of the armed forces, nor an officer of the United States, is prima facie evidence that the property has been disposed of in violation of subsection (a).CommentsClose CommentsPermalink
`(c) Delivery of Seized Property- If an officer who seizes property under subsection (b) is not authorized to retain it for the United States, the officer shall deliver the property to a person who is authorized to retain it.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new items:CommentsClose CommentsPermalink
`2788. Property accountability: regulations.CommentsClose CommentsPermalink
`2789. Individual equipment: unauthorized disposition.'.CommentsClose CommentsPermalink
(c) Conforming Amendments-CommentsClose CommentsPermalink
(1) IN GENERAL- Such title is further amended by striking the following sections:CommentsClose CommentsPermalink
(A) Section 4832.CommentsClose CommentsPermalink
(B) Section 4836.CommentsClose CommentsPermalink
(C) Section 9832.CommentsClose CommentsPermalink
(D) Section 9836.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENTS-CommentsClose CommentsPermalink
(A) CHAPTER 453- The table of sections at the beginning of chapter 453 of such title is amended by striking the items relating to sections 4832 and 4836.CommentsClose CommentsPermalink
(B) CHAPTER 953- The table of sections at the beginning of chapter 953 of such title is amended by striking the items relating to sections 9832 and 9836.CommentsClose CommentsPermalink
SEC. 376. RETENTION OF COMBAT UNIFORMS BY MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT OF CONTINGENCY OPERATIONS.
(a) Retention of Combat Uniforms- Chapter 152 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 2568. Retention of combat uniforms by members deployed in support of contingency operations
`The Secretary of a military department may authorize a member of the armed forces under the jurisdiction of the Secretary who has been deployed in support of a contingency operation for at least 30 days to retain, after that member is no longer so deployed, the combat uniform issued to that member as organizational clothing and individual equipment.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`2568. Retention of combat uniforms by members deployed in support of contingency operations.'.CommentsClose CommentsPermalink
SEC. 377. ISSUE OF SERVICEABLE MATERIAL OF THE NAVY OTHER THAN TO ARMED FORCES.
(a) In General- Part IV of subtitle C of title 10, United States Code, is amended by adding at the end the following new chapter:CommentsClose CommentsPermalink
`CHAPTER 667--ISSUE OF SERVICEABLE MATERIAL OTHER THAN TO ARMED FORCES
`Sec.CommentsClose CommentsPermalink
`7911. Arms, tentage, and equipment: educational institutions not maintaining units of R.O.T.C.CommentsClose CommentsPermalink
`7912. Rifles and ammunition for target practice: educational institutions having corps of midshipmen.CommentsClose CommentsPermalink
`7913. Supplies: military instruction camps.CommentsClose CommentsPermalink
`Sec. 7911. Arms, tentage, and equipment: educational institutions not maintaining units of R.O.T.C.
`Under such conditions as he may prescribe, the Secretary of the Navy may issue arms, tentage, and equipment that the Secretary considers necessary for proper military training, to any educational institution at which no unit of the Reserve Officers' Training Corps is maintained, but which has a course in military training prescribed by the Secretary and which has at least 50 physically fit students over 14 years of age.CommentsClose CommentsPermalink
`Sec. 7912. Rifles and ammunition for target practice: educational institutions having corps of midshipmen
`(a) Authority To Lend- The Secretary of the Navy may lend, without expense to the United States, magazine rifles and appendages that are not of the existing service models in use at the time and that are not necessary for a proper reserve supply, to any educational institution having a uniformed corps of midshipmen of sufficient number for target practice. The Secretary may also issue 40 rounds of ball cartridges for each midshipman for each range at which target practice is held, but not more than 120 rounds each year for each midshipman participating in target practice.CommentsClose CommentsPermalink
`(b) Responsibilities of Institutions- The institutions to which property is lent under subsection (a) shall--CommentsClose CommentsPermalink
`(1) use the property for target practice;CommentsClose CommentsPermalink
`(2) take proper care of the property; andCommentsClose CommentsPermalink
`(3) return the property when required.CommentsClose CommentsPermalink
`(c) Regulations- The Secretary of the Navy shall prescribe regulations to carry out this section, containing such other requirements as he considers necessary to safeguard the interests of the United States.CommentsClose CommentsPermalink
`Sec. 7913. Supplies: military instruction camps
`Under such conditions as he may prescribe, the Secretary of the Navy may issue, to any educational institution at which an officer of the naval service is detailed as professor of naval science, such supplies as are necessary to establish and maintain a camp for the military instruction of its students. The Secretary shall require a bond in the value of the property issued under this section, for the care and safekeeping of that property and except for property properly expended, for its return when required.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of chapters at the beginning of subtitle C of such title, and the table of chapters at the beginning of part IV of such subtitle, are each amended by inserting after the item relating to chapter 665 the following new item:CommentsClose CommentsPermalink
7911.'.CommentsClose CommentsPermalink
SEC. 378. REAUTHORIZATION OF AVIATION INSURANCE PROGRAM.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.CommentsClose CommentsPermalink
Sec. 402. Revision in permanent active duty end strength minimum levels.CommentsClose CommentsPermalink
Sec. 403. Additional authority for increases of Army and Marine Corps active duty end strengths for fiscal years 2009 and 2010.CommentsClose CommentsPermalink
Sec. 404. Increase in authorized strengths for Army officers on active duty in the grade of major.CommentsClose CommentsPermalink
Sec. 405. Increase in authorized strengths for Navy officers on active duty in the grades of lieutenant commander, commander, and captain.CommentsClose CommentsPermalink
Sec. 406. Increase in authorized daily average of number of members in pay grade E-9.CommentsClose CommentsPermalink
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.CommentsClose CommentsPermalink
Sec. 412. End strengths for Reserves on active duty in support of the Reserves.CommentsClose CommentsPermalink
Sec. 413. End strengths for military technicians (dual status).CommentsClose CommentsPermalink
Sec. 414. Fiscal year 2008 limitation on number of non-dual status technicians.CommentsClose CommentsPermalink
Sec. 415. Maximum number of reserve personnel authorized to be on active duty for operational support.CommentsClose CommentsPermalink
Sec. 416. Future authorizations and accounting for certain reserve component personnel authorized to be on active duty or full-time National Guard duty to provide operational support.CommentsClose CommentsPermalink
Sec. 417. Revision of variances authorized for Selected Reserve end strengths.CommentsClose CommentsPermalink
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.CommentsClose CommentsPermalink
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) In General- The Armed Forces are authorized strengths for active duty personnel as of September 30, 2008, as follows:CommentsClose CommentsPermalink
(1) The Army, 525,400.CommentsClose CommentsPermalink
(2) The Navy, 329,098.CommentsClose CommentsPermalink
(3) The Marine Corps, 189,000.CommentsClose CommentsPermalink
(4) The Air Force, 329,563.CommentsClose CommentsPermalink
(b) Limitation-CommentsClose CommentsPermalink
(1) ARMY- The authorized strength for the Army provided in paragraph (1) of subsection (a) for active duty personnel for fiscal year 2008 is subject to the condition that costs of active duty personnel of the Army for that fiscal year in excess of 489,400 shall be paid out of funds authorized to be appropriated for that fiscal year by section 1514.CommentsClose CommentsPermalink
(2) MARINE CORPS- The authorized strength for the Marine Corps provided in paragraph (3) of subsection (a) for active duty personnel for fiscal year 2008 is subject to the condition that costs of active duty personnel of the Marine Corps for that fiscal year in excess of 180,000 shall be paid out of funds authorized to be appropriated for that fiscal year by section 1514.CommentsClose CommentsPermalink
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM LEVELS.
`(1) For the Army, 525,400.CommentsClose CommentsPermalink
`(2) For the Navy, 328,400.CommentsClose CommentsPermalink
`(3) For the Marine Corps, 189,000.CommentsClose CommentsPermalink
`(4) For the Air Force, 328,600.'.CommentsClose CommentsPermalink
SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND MARINE CORPS ACTIVE DUTY END STRENGTHS FOR FISCAL YEARS 2009 AND 2010.
(a) Authority to Increase Army Active Duty End Strengths- For each of fiscal years 2009 and 2010, the Secretary of Defense may, as the Secretary determines necessary for the purposes described in subsection (c), establish the active-duty end strength for the Army at a number greater than the number otherwise authorized by law up to the number equal to the fiscal-year 2008 baseline plus 22,000.CommentsClose CommentsPermalink
(b) Marine Corps- For each of fiscal years 2009 and 2010, the Secretary of Defense may, as the Secretary determines necessary for the purposes described in subsection (c), establish the active-duty end strength for the Marine Corps at a number greater than the number otherwise authorized by law up to the number equal to the fiscal-year 2008 baseline plus 13,000.CommentsClose CommentsPermalink
(c) Purpose of Increases- The purposes for which increases may be made in Army and Marine Corps active duty end strengths under this section are--CommentsClose CommentsPermalink
(1) to support operational missions; andCommentsClose CommentsPermalink
(2) to achieve transformational reorganization objectives, including objectives for increased numbers of combat brigades and battalions, increased unit manning, force stabilization and shaping, and rebalancing of the active and reserve component forces.CommentsClose CommentsPermalink
(d) Relationship to Presidential Waiver Authority- Nothing in this section shall be construed to limit the President's authority under
(e) Relationship to Other Variance Authority- The authority under this section is in addition to the authority to vary authorized end strengths that is provided in subsections (e) and (f) of
(f) Budget Treatment-CommentsClose CommentsPermalink
(1) FISCAL YEARS 2009 AND 2010 BUDGETS- The budget for the Department of Defense for fiscal years 2009 and 2010 as submitted to Congress shall comply, with respect to funding, with subsections (c) and (d) of
(2) OTHER INCREASES- If the Secretary of Defense plans to increase the Army or Marine Corps active duty end strength for a fiscal year under this section, then the budget for the Department of Defense for that fiscal year as submitted to Congress shall include the amounts necessary for funding that active duty end strength in excess of the fiscal year 2008 active duty end strength authorized for that service under section 401.CommentsClose CommentsPermalink
(g) Definitions- In this section:CommentsClose CommentsPermalink
(1) FISCAL-YEAR 2008 BASELINE- The term `fiscal-year 2008 baseline', with respect to the Army and Marine Corps, means the active-duty end strength authorized for those services in section 401.CommentsClose CommentsPermalink
(2) ACTIVE-DUTY END STRENGTH- In this subsection, the term `active-duty end strength' means the strength for active-duty personnel of one of the Armed Forces as of the last day of a fiscal year.CommentsClose CommentsPermalink
(h) Repeal of Other Discretionary Authority to Temporarily Increase Army and Marine Corps Active Duty End Strengths- Section 403 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (
SEC. 404. INCREASE IN AUTHORIZED STRENGTHS FOR ARMY OFFICERS ON ACTIVE DUTY IN THE GRADE OF MAJOR.
The portion of the table in
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`Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on active duty: Number of officers who may be serving on active duty in grade of: CommentsClose CommentsPermalink
Major Lieutenant Colonel ColonelCommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
Army:CommentsClose CommentsPermalink
20,000 7,768 5,253 1,613CommentsClose CommentsPermalink
25,000 8,689 5,642 1,796CommentsClose CommentsPermalink
30,000 9,611 6,030 1,980CommentsClose CommentsPermalink
35,000 10,532 6,419 2,163CommentsClose CommentsPermalink
40,000 11,454 6,807 2,347CommentsClose CommentsPermalink
45,000 12,375 7,196 2,530CommentsClose CommentsPermalink
50,000 13,297 7,584 2,713CommentsClose CommentsPermalink
55,000 14,218 7,973 2,897CommentsClose CommentsPermalink
60,000 15,140 8,361 3,080CommentsClose CommentsPermalink
65,000 16,061 8,750 3,264CommentsClose CommentsPermalink
70,000 16,983 9,138 3,447CommentsClose CommentsPermalink
75,000 17,903 9,527 3,631CommentsClose CommentsPermalink
80,000 18,825 9,915 3,814CommentsClose CommentsPermalink
85,000 19,746 10,304 3,997CommentsClose CommentsPermalink
90,000 20,668 10,692 4,181CommentsClose CommentsPermalink
95,000 21,589 11,081 4,364CommentsClose CommentsPermalink
100,000 22,511 11,469 4,548CommentsClose CommentsPermalink
110,000 24,354 12,246 4,915CommentsClose CommentsPermalink
120,000 26,197 13,023 5,281CommentsClose CommentsPermalink
130,000 28,040 13,800 5,648CommentsClose CommentsPermalink
170,000 35,412 16,908 7,116'.CommentsClose CommentsPermalink
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SEC. 405. INCREASE IN AUTHORIZED STRENGTHS FOR NAVY OFFICERS ON ACTIVE DUTY IN THE GRADES OF LIEUTENANT COMMANDER, COMMANDER, AND CAPTAIN.
The table in
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`Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on active duty: Number of officers who may be serving on active duty in grade of: CommentsClose CommentsPermalink
Lieutenant Commander Commander CaptainCommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
Navy:CommentsClose CommentsPermalink
30,000 7,698 5,269 2,222CommentsClose CommentsPermalink
33,000 8,189 5,501 2,334CommentsClose CommentsPermalink
36,000 8,680 5,733 2,447CommentsClose CommentsPermalink
39,000 9,172 5,965 2,559CommentsClose CommentsPermalink
42,000 9,663 6,197 2,671CommentsClose CommentsPermalink
45,000 10,155 6,429 2,784CommentsClose CommentsPermalink
48,000 10,646 6,660 2,896CommentsClose CommentsPermalink
51,000 11,136 6,889 3,007CommentsClose CommentsPermalink
54,000 11,628 7,121 3,120CommentsClose CommentsPermalink
57,000 12,118 7,352 3,232CommentsClose CommentsPermalink
60,000 12,609 7,583 3,344CommentsClose CommentsPermalink
63,000 13,100 7,813 3,457CommentsClose CommentsPermalink
66,000 13,591 8,044 3,568CommentsClose CommentsPermalink
70,000 14,245 8,352 3,718CommentsClose CommentsPermalink
90,000 17,517 9,890 4,467'.CommentsClose CommentsPermalink
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SEC. 406. INCREASE IN AUTHORIZED DAILY AVERAGE OF NUMBER OF MEMBERS IN PAY GRADE E-9.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2008, as follows:CommentsClose CommentsPermalink
(1) The Army National Guard of the United States, 351,300.CommentsClose CommentsPermalink
(2) The Army Reserve, 205,000.CommentsClose CommentsPermalink
(3) The Navy Reserve, 67,800.CommentsClose CommentsPermalink
(4) The Marine Corps Reserve, 39,600.CommentsClose CommentsPermalink
(5) The Air National Guard of the United States, 106,700.CommentsClose CommentsPermalink
(6) The Air Force Reserve, 67,500.CommentsClose CommentsPermalink
(7) The Coast Guard Reserve, 10,000.CommentsClose CommentsPermalink
(b) End Strength Reductions- The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by--CommentsClose CommentsPermalink
(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; andCommentsClose CommentsPermalink
(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.CommentsClose CommentsPermalink
(c) End Strength Increases- Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.CommentsClose CommentsPermalink
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2008, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:CommentsClose CommentsPermalink
(1) The Army National Guard of the United States, 29,204.CommentsClose CommentsPermalink
(2) The Army Reserve, 15,870.CommentsClose CommentsPermalink
(3) The Navy Reserve, 11,579.CommentsClose CommentsPermalink
(4) The Marine Corps Reserve, 2,261.CommentsClose CommentsPermalink
(5) The Air National Guard of the United States, 13,936.CommentsClose CommentsPermalink
(6) The Air Force Reserve, 2,721.CommentsClose CommentsPermalink
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the last day of fiscal year 2008 for the reserve components of the Army and the Air Force (notwithstanding
(1) For the Army Reserve, 8,249.CommentsClose CommentsPermalink
(2) For the Army National Guard of the United States, 26,502.CommentsClose CommentsPermalink
(3) For the Air Force Reserve, 9,909.CommentsClose CommentsPermalink
(4) For the Air National Guard of the United States, 22,553.CommentsClose CommentsPermalink
SEC. 414. FISCAL YEAR 2008 LIMITATION ON NUMBER OF NON-DUAL STATUS TECHNICIANS.
(a) Limitations-CommentsClose CommentsPermalink
(1) NATIONAL GUARD- Within the limitation provided in
(A) For the Army National Guard of the United States, 1,600.CommentsClose CommentsPermalink
(B) For the Air National Guard of the United States, 350.CommentsClose CommentsPermalink
(2) ARMY RESERVE- The number of non-dual status technicians employed by the Army Reserve as of September 30, 2008, may not exceed 595.CommentsClose CommentsPermalink
(3) AIR FORCE RESERVE- The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2008, may not exceed 90.CommentsClose CommentsPermalink
(b) Non-Dual Status Technicians Defined- In this section, the term `non-dual status technician' has the meaning given that term in
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2008, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under
(1) The Army National Guard of the United States, 17,000.CommentsClose CommentsPermalink
(2) The Army Reserve, 13,000.CommentsClose CommentsPermalink
(3) The Navy Reserve, 6,200.CommentsClose CommentsPermalink
(4) The Marine Corps Reserve, 3,000.CommentsClose CommentsPermalink
(5) The Air National Guard of the United States, 16,000.CommentsClose CommentsPermalink
(6) The Air Force Reserve, 14,000.CommentsClose CommentsPermalink
SEC. 416. FUTURE AUTHORIZATIONS AND ACCOUNTING FOR CERTAIN RESERVE COMPONENT PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY TO PROVIDE OPERATIONAL SUPPORT.
(a) Review of Operational Support Missions Performed by Certain Reserve Component Personnel-CommentsClose CommentsPermalink
(1) REVIEW REQUIRED- The Secretary of Defense shall conduct a review of the long-term operational support missions performed by members of the reserve components authorized under
(A) minimizing the number of reserve component members who perform such service for a period greater than 1,095 consecutive days, or cumulatively for 1,095 days out of the previous 1,460 days; andCommentsClose CommentsPermalink
(B) determining which long-term operational support missions being performed by such members would more appropriately be performed by members of the Armed Forces on active duty under other provisions of title 10, United States Code, or by full-time support personnel of reserve components.CommentsClose CommentsPermalink
(2) SUBMISSION OF RESULTS- Not later than March 1, 2008, the Secretary shall submit to Congress the results of the review, including a description of the adjustments in Department of Defense policy to be implemented as a result of the review and such recommendations for changes in statute, as the Secretary considers to be appropriate.CommentsClose CommentsPermalink
(b) Improved Accounting for Reserve Component Personnel Providing Operational Support-
`(4) As part of the budget justification materials submitted by the Secretary of Defense to Congress in support of the end strength authorizations required under subparagraphs (A) and (B) of subsection (a)(1) for fiscal year 2009 and each fiscal year thereafter, the Secretary shall provide the following:CommentsClose CommentsPermalink
`(A) The number of members, specified by reserve component, authorized under subparagraphs (A) and (B) of paragraph (1) who were serving on active duty or full-time National Guard duty for operational support beyond each of the limits specified under subparagraphs (A) and (B) of paragraph (2) at the end of the fiscal year preceding the fiscal year for which the budget justification materials are submitted.CommentsClose CommentsPermalink
`(B) The number of members, specified by reserve component, on active duty for operational support who, at the end of the fiscal year for which the budget justification materials are submitted, are projected to be serving on active duty or full-time National Guard duty for operational support beyond such limits.CommentsClose CommentsPermalink
`(C) The number of members, specified by reserve component, on active duty or full-time National Guard duty for operational support who are included in, and counted against, the end strength authorizations requested under subparagraphs (A) and (B) of subsection (a)(1).CommentsClose CommentsPermalink
`(D) A summary of the missions being performed by members identified under subparagraphs (A) and (B).'.CommentsClose CommentsPermalink
SEC. 417. REVISION OF VARIANCES AUTHORIZED FOR SELECTED RESERVE END STRENGTHS.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2008 a total of $117,091,420,000. The authorization in the preceding sentence supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2008.CommentsClose CommentsPermalink
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Assignment of officers to designated positions of importance and responsibility.CommentsClose CommentsPermalink
Sec. 502. Enhanced authority for Reserve general and flag officers to serve on active duty.CommentsClose CommentsPermalink
Sec. 503. Increase in years of commissioned service threshold for discharge of probationary officers and for use of force shaping authority.CommentsClose CommentsPermalink
Sec. 504. Mandatory retirement age for active-duty general and flag officers continued on active duty.CommentsClose CommentsPermalink
Sec. 505. Authority for reduced mandatory service obligation for initial appointments of officers in critically short health professional specialties.CommentsClose CommentsPermalink
Sec. 506. Expansion of authority for reenlistment of officers in their former enlisted grade.CommentsClose CommentsPermalink
Sec. 507. Increase in authorized number of permanent professors at the United States Military Academy.CommentsClose CommentsPermalink
Sec. 508. Promotion of career military professors of the Navy.CommentsClose CommentsPermalink
Subtitle B--Reserve Component Management
Sec. 511. Retention of military technicians who lose dual status in the Selected Reserve due to combat-related disability.CommentsClose CommentsPermalink
Sec. 512. Constructive service credit upon original appointment of Reserve officers in certain health care professions.CommentsClose CommentsPermalink
Sec. 513. Mandatory separation of Reserve officers in the grade of lieutenant general or vice admiral after completion of 38 years of commissioned service.CommentsClose CommentsPermalink
Sec. 514. Maximum period of temporary Federal recognition of person as Army National Guard officer or Air National Guard officer.CommentsClose CommentsPermalink
Sec. 515. Advance notice to members of reserve components of deployment in support of contingency operations.CommentsClose CommentsPermalink
Sec. 516. Report on relief from professional licensure and certification requirements for reserve component members on long-term active duty.CommentsClose CommentsPermalink
Subtitle C--Education and Training
Sec. 521. Revisions to authority to pay tuition for off-duty training or education.CommentsClose CommentsPermalink
Sec. 522. Reduction or elimination of service obligation in an Army Reserve or Army National Guard troop program unit for certain persons selected as medical students at Uniformed Services University of the Health Sciences.CommentsClose CommentsPermalink
Sec. 523. Repeal of annual limit on number of ROTC scholarships under Army Reserve and Army National Guard financial assistance program.CommentsClose CommentsPermalink
Sec. 524. Treatment of prior active service of members in uniformed medical accession programs.CommentsClose CommentsPermalink
Sec. 525. Repeal of post-2007-2008 academic year prohibition on phased increase in cadet strength limit at the United States Military Academy.CommentsClose CommentsPermalink
Sec. 526. National Defense University master's degree programs.CommentsClose CommentsPermalink
Sec. 527. Authority of the Air University to confer degree of master of science in flight test engineering.CommentsClose CommentsPermalink
Sec. 528. Enhancement of education benefits for certain members of reserve components.CommentsClose CommentsPermalink
Sec. 529. Extension of period of entitlement to educational assistance for certain members of the Selected Reserve affected by force shaping initiatives.CommentsClose CommentsPermalink
Sec. 530. Time limit for use of educational assistance benefit for certain members of reserve components and resumption of benefit.CommentsClose CommentsPermalink
Sec. 531. Secretary of Defense evaluation of the adequacy of the degree-granting authorities of certain military universities and educational institutions.CommentsClose CommentsPermalink
Sec. 532. Report on success of Army National Guard and Reserve Senior Reserve Officers' Training Corps financial assistance program.CommentsClose CommentsPermalink
Sec. 533. Report on utilization of tuition assistance by members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 534. Navy Junior Reserve Officers' Training Corps unit for Southold, Mattituck, and Greenport High Schools.CommentsClose CommentsPermalink
Sec. 535. Report on transfer of administration of certain educational assistance programs for members of the reserve components.CommentsClose CommentsPermalink
Subtitle D--Military Justice and Legal Assistance Matters
Sec. 541. Authority to designate civilian employees of the Federal Government and dependents of deceased members as eligible for legal assistance from Department of Defense legal staff resources.CommentsClose CommentsPermalink
Sec. 542. Authority of judges of the United States Court of Appeals for the Armed Forces to administer oaths.CommentsClose CommentsPermalink
Sec. 543. Modification of authorities on senior members of the Judge Advocate Generals' Corps.CommentsClose CommentsPermalink
Sec. 544. Prohibition against members of the Armed Forces participating in criminal street gangs.CommentsClose CommentsPermalink
Subtitle E--Military Leave
Sec. 551. Temporary enhancement of carryover of accumulated leave for members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 552. Enhancement of rest and recuperation leave.CommentsClose CommentsPermalink
Subtitle F--Decorations and Awards
Sec. 561. Authorization and request for award of Medal of Honor to Leslie H. Sabo, Jr., for acts of valor during the Vietnam War.CommentsClose CommentsPermalink
Sec. 562. Authorization and request for award of Medal of Honor to Henry Svehla for acts of valor during the Korean War.CommentsClose CommentsPermalink
Sec. 563. Authorization and request for award of Medal of Honor to Woodrow W. Keeble for acts of valor during the Korean War.CommentsClose CommentsPermalink
Sec. 564. Authorization and request for award of Medal of Honor to Private Philip G. Shadrach for acts of valor as one of Andrews' Raiders during the Civil War.CommentsClose CommentsPermalink
Sec. 565. Authorization and request for award of Medal of Honor to Private George D. Wilson for acts of valor as one of Andrews' Raiders during the Civil War.CommentsClose CommentsPermalink
Subtitle G--Impact Aid and Defense Dependents Education System
Sec. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.CommentsClose CommentsPermalink
Sec. 572. Impact aid for children with severe disabilities.CommentsClose CommentsPermalink
Sec. 573. Inclusion of dependents of non-department of Defense employees employed on Federal property in plan relating to force structure changes, relocation of military units, or base closures and realignments.CommentsClose CommentsPermalink
Sec. 574. Payment of private boarding school tuition for military dependents in overseas areas not served by defense dependents' education system schools.CommentsClose CommentsPermalink
Subtitle H--Military Families
Sec. 581. Department of Defense Military Family Readiness Council and policy and plans for military family readiness.CommentsClose CommentsPermalink
Sec. 582. Yellow Ribbon Reintegration Program.CommentsClose CommentsPermalink
Sec. 583. Study to enhance and improve support services and programs for families of members of regular and reserve components undergoing deployment.CommentsClose CommentsPermalink
Sec. 584. Protection of child custody arrangements for parents who are members of the Armed Forces deployed in support of a contingency operation.CommentsClose CommentsPermalink
Sec. 585. Family leave in connection with injured members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 586. Family care plans and deferment of deployment of single parent or dual military couples with minor dependents.CommentsClose CommentsPermalink
Sec. 587. Education and treatment services for military dependent children with autism.CommentsClose CommentsPermalink
Sec. 588. Commendation of efforts of Project Compassion in paying tribute to members of the Armed Forces who have fallen in the service of the United States.CommentsClose CommentsPermalink
Subtitle I--Other Matters
Sec. 590. Uniform performance policies for military bands and other musical units.CommentsClose CommentsPermalink
Sec. 591. Transportation of remains of deceased members of the Armed Forces and certain other persons.CommentsClose CommentsPermalink
Sec. 592. Expansion of number of academies supportable in any State under STARBASE program.CommentsClose CommentsPermalink
Sec. 593. Gift acceptance authority.CommentsClose CommentsPermalink
Sec. 594. Conduct by members of the Armed Forces and veterans out of uniform during hoisting, lowering, or passing of United States flag.CommentsClose CommentsPermalink
Sec. 595. Annual report on cases reviewed by National Committee for Employer Support of the Guard and Reserve.CommentsClose CommentsPermalink
Sec. 596. Modification of Certificate of Release or Discharge from Active Duty (DD Form 214).CommentsClose CommentsPermalink
Sec. 597. Reports on administrative separations of members of the Armed Forces for personality disorder.CommentsClose CommentsPermalink
Sec. 598. Program to commemorate 50th anniversary of the Vietnam War.CommentsClose CommentsPermalink
Sec. 599. Recognition of members of the Monuments, Fine Arts, and Archives program of the Civil Affairs and Military Government Sections of the Armed Forces during and following World War II.CommentsClose CommentsPermalink
Subtitle A--Officer Personnel Policy
SEC. 501. ASSIGNMENT OF OFFICERS TO DESIGNATED POSITIONS OF IMPORTANCE AND RESPONSIBILITY.
(a) Continuation in Grade While Awaiting Orders-
(1) by striking `and' at the end of paragraph (3);CommentsClose CommentsPermalink
(2) by redesignating paragraph (4) as paragraph (5); andCommentsClose CommentsPermalink
(3) by inserting after paragraph (3) the following new paragraph (4):CommentsClose CommentsPermalink
`(4) at the discretion of the Secretary of Defense, while the officer is awaiting orders after being relieved from the position designated under subsection (a) or by law to carry one of those grades, but not for more than 60 days beginning on the day the officer is relieved from the position, unless, during such period, the officer is placed under orders to another position designated under subsection (a) or by law to carry one of those grades, in which case paragraph (2) will also apply to the officer; and'.CommentsClose CommentsPermalink
(b) Conforming Amendment Regarding General and Flag Officer Ceilings- Section 525(e) of such title is amended by striking paragraph (2) and inserting the following new paragraph:CommentsClose CommentsPermalink
`(2) At the discretion of the Secretary of Defense, an officer of that armed force who has been relieved from a position designated under section 601(a) of this title or by law to carry one of the grades specified in such section, but only during the 60-day period beginning on the date on which the assignment of the officer to the first position is terminated or until the officer is assigned to a second such position, whichever occurs first.'.CommentsClose CommentsPermalink
SEC. 502. ENHANCED AUTHORITY FOR RESERVE GENERAL AND FLAG OFFICERS TO SERVE ON ACTIVE DUTY.
(1) by inserting `(1)' before `The limitations'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(2) The limitations of this section also do not apply to a number, as specified by the Secretary of the military department concerned, of reserve component general or flag officers authorized to serve on active duty for a period of not more than 365 days. The number so specified for an armed force may not exceed the number equal to 10 percent of the authorized number of general or flag officers, as the case may be, of that armed force under section 12004 of this title. In determining such number, any fraction shall be rounded down to the next whole number, except that such number shall be at least one.'.CommentsClose CommentsPermalink
SEC. 503. INCREASE IN YEARS OF COMMISSIONED SERVICE THRESHOLD FOR DISCHARGE OF PROBATIONARY OFFICERS AND FOR USE OF FORCE SHAPING AUTHORITY.
(a) Active-Duty List Officers-CommentsClose CommentsPermalink
(1) EXTENDED PROBATIONARY PERIOD- Paragraph (1)(A) of
(2) SECTION HEADING- The heading of such section is amended by striking `five years' and inserting `six years'.CommentsClose CommentsPermalink
(3) TABLE OF SECTIONS- The item relating to such section in the table of sections at the beginning of subchapter III of chapter 36 of such title is amended to read as follows:CommentsClose CommentsPermalink
`630. Discharge of commissioned officers with less than six years of active commissioned service or found not qualified for promotion for first lieutenant or lieutenant (junior grade).'.CommentsClose CommentsPermalink
(b) Officer Force Shaping Authority- Section 647(b)(1) of such title is amended by striking `5 years' both places it appears and inserting `six years'.CommentsClose CommentsPermalink
(c) Reserve Officers-CommentsClose CommentsPermalink
(1) EXTENDED PROBATIONARY PERIOD- Subsection (a)(1) of section 14503 of such title is amended by striking `five years' and inserting `six years'.CommentsClose CommentsPermalink
(2) SECTION HEADING- The heading of such section is amended by striking `five years' and inserting `six years'.CommentsClose CommentsPermalink
(3) TABLE OF SECTIONS- The item relating to such section in the table of sections at the beginning of chapter 1407 of such title is amended to read as follows:CommentsClose CommentsPermalink
`14503. Discharge of officers with less than six years of commissioned service or found not qualified for promotion to first lieutenant or lieutenant (junior grade).'.CommentsClose CommentsPermalink
SEC. 504. MANDATORY RETIREMENT AGE FOR ACTIVE-DUTY GENERAL AND FLAG OFFICERS CONTINUED ON ACTIVE DUTY.
SEC. 505. AUTHORITY FOR REDUCED MANDATORY SERVICE OBLIGATION FOR INITIAL APPOINTMENTS OF OFFICERS IN CRITICALLY SHORT HEALTH PROFESSIONAL SPECIALTIES.
`(c)(1) For the armed forces under the jurisdiction of the Secretary of Defense, the Secretary may waive the initial period of required service otherwise established pursuant to subsection (a) in the case of the initial appointment of a commissioned officer in a critically short health professional specialty specified by the Secretary for purposes of this subsection.CommentsClose CommentsPermalink
`(2) The minimum period of obligated service for an officer under a waiver under this subsection shall be the greater of--CommentsClose CommentsPermalink
`(A) two years; orCommentsClose CommentsPermalink
`(B) in the case of an officer who has accepted an accession bonus or executed a contract or agreement for the multiyear receipt of special pay for service in the armed forces, the period of obligated service specified in such contract or agreement.'.CommentsClose CommentsPermalink
SEC. 506. EXPANSION OF AUTHORITY FOR REENLISTMENT OF OFFICERS IN THEIR FORMER ENLISTED GRADE.
(a) Regular Army-
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking `a Reserve officer' and inserting `an officer'; andCommentsClose CommentsPermalink
(B) by striking `a temporary appointment' and inserting `an appointment'; andCommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking `a Reserve officer' and inserting `an officer'; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking `the Reserve commission' and inserting `the commission'.CommentsClose CommentsPermalink
(b) Regular Air Force- Section 8258 of such title is amended--CommentsClose CommentsPermalink
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking `a reserve officer' and inserting `an officer'; andCommentsClose CommentsPermalink
(B) by striking `a temporary appointment' and inserting `an appointment'; andCommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking `a Reserve officer' and inserting `an officer'; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking `the Reserve commission' and inserting `the commission'.CommentsClose CommentsPermalink
SEC. 507. INCREASE IN AUTHORIZED NUMBER OF PERMANENT PROFESSORS AT THE UNITED STATES MILITARY ACADEMY.
Paragraph (4) of
`(4) Twenty-eight permanent professors.'.CommentsClose CommentsPermalink
SEC. 508. PROMOTION OF CAREER MILITARY PROFESSORS OF THE NAVY.
(a) Promotion-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 603 of title 10, United States Code, is amended--CommentsClose CommentsPermalink
(A) by redesignating section 6970 as section 6970a; andCommentsClose CommentsPermalink
(B) by inserting after section 6969 the following new section 6970:CommentsClose CommentsPermalink
`Sec. 6970. Permanent professors: promotion
`(a) Promotion- An officer serving as a permanent professor may be recommended for promotion to the grade of captain or colonel, as the case may be, under regulations prescribed by the Secretary of the Navy. The regulations shall include a competitive selection board process to identify those permanent professors best qualified for promotion. An officer so recommended shall be promoted by appointment to the higher grade by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink
`(b) Effective Date of Promotion- If made, the promotion of an officer under subsection (a) shall be effective not earlier than three years after the selection of the officer as a permanent professor as described in that subsection.'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by striking the item relating to section 6970 and inserting the following new items:CommentsClose CommentsPermalink
`6970. Permanent professors: promotion.CommentsClose CommentsPermalink
`6970a. Permanent professors: retirement for years of service; authority for deferral.'.CommentsClose CommentsPermalink
(b) Conforming Amendments- Section 641(2) of such title is amended--CommentsClose CommentsPermalink
(1) by striking `and the registrar' and inserting `, the registrar'; andCommentsClose CommentsPermalink
(2) by inserting before the period at the end the following: `, and permanent professors of the Navy (as defined in regulations prescribed by the Secretary of the Navy)'.CommentsClose CommentsPermalink
(c) Competitive Selection Assessment- The Secretary of Defense shall conduct an assessment of the effectiveness of the promotion system established under
(d) Use of Exclusions From Authorized Officer Strengths- Not later than March 31, 2008, the Secretary of the Navy shall submit to the congressional defense committees a report describing the plans of the Secretary for utilization of authorized exemptions under
Subtitle B--Reserve Component Management
SEC. 511. RETENTION OF MILITARY TECHNICIANS WHO LOSE DUAL STATUS IN THE SELECTED RESERVE DUE TO COMBAT-RELATED DISABILITY.
`(g) Retention of Military Technicians Who Lose Dual Status Due to Combat-Related Disability- (1) Notwithstanding subsection (d) of this section or subsections (a)(3) and (b) of section 10218 of this title, if a military technician (dual status) loses such dual status as the result of a combat-related disability (as defined in section 1413a of this title), the person may be retained as a non-dual status technician so long as--CommentsClose CommentsPermalink
`(A) the combat-related disability does not prevent the person from performing the non-dual status functions or position; andCommentsClose CommentsPermalink
`(B) the person, while a non-dual status technician, is not disqualified from performing the non-dual status functions or position because of performance, medical, or other reasons.CommentsClose CommentsPermalink
`(2) A person so retained shall be removed not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age.CommentsClose CommentsPermalink
`(3) Persons retained under the authority of this subsection do not count against the limitations of section 10217(c) of this title.'.CommentsClose CommentsPermalink
SEC. 512. CONSTRUCTIVE SERVICE CREDIT UPON ORIGINAL APPOINTMENT OF RESERVE OFFICERS IN CERTAIN HEALTH CARE PROFESSIONS.
(a) Inclusion of Additional Health Care Professions- Paragraph (2) of
`(2)(A) If the Secretary of Defense determines that the number of officers in a health profession described in subparagraph (B) who are serving in an active status in a reserve component of the Army, Navy, or Air Force in grades below major or lieutenant commander is critically below the number needed in such health profession by such reserve component in such grades, the Secretary of Defense may authorize the Secretary of the military department concerned to credit any person who is receiving an original appointment as an officer for service in such health profession with a period of constructive credit in such amount (in addition to any amount credited such person under paragraph (1)) as will result in the grade of such person being that of captain or, in the case of the Navy Reserve, lieutenant.CommentsClose CommentsPermalink
`(B) The types of health professions referred to in subparagraph (A) include the following:CommentsClose CommentsPermalink
`(i) Any health profession performed by officers in the Medical Corps of the Army or the Navy or by officers of the Air Force designated as a medical officer.CommentsClose CommentsPermalink
`(ii) Any health profession performed by officers in the Dental Corps of the Army or the Navy or by officers of the Air Force designated as a dental officer.CommentsClose CommentsPermalink
`(iii) Any health profession performed by officers in the Medical Service Corps of the Army or the Navy or by officers of the Air Force designated as a medical service officer or biomedical sciences officer.CommentsClose CommentsPermalink
`(iv) Any health profession performed by officers in the Army Medical Specialist Corps.CommentsClose CommentsPermalink
`(v) Any health profession performed by officers of the Nurse Corps of the Army or the Navy or by officers of the Air Force designated as a nurse.CommentsClose CommentsPermalink
`(vi) Any health profession performed by officers in the Veterinary Corps of the Army or by officers designated as a veterinary officer.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- Paragraph (3) of such section is amended by striking `a medical or dental officer' and inserting `officers covered by paragraph (2)'.CommentsClose CommentsPermalink
SEC. 513. MANDATORY SEPARATION OF RESERVE OFFICERS IN THE GRADE OF LIEUTENANT GENERAL OR VICE ADMIRAL AFTER COMPLETION OF 38 YEARS OF COMMISSIONED SERVICE.
(a) Mandatory Separation-
(1) by redesignating subsections (c), (d), and (e) as subsections (e), (f), and (g), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (b) the following new subsection (c):CommentsClose CommentsPermalink
`(c) Thirty-Eight Years of Service for Lieutenant Generals and Vice Admirals- Unless retired, transferred to the Retired Reserve, or discharged at an earlier date, each reserve officer of the Army, Air Force, or Marine Corps in the grade of lieutenant general and each reserve officer of the Navy in the grade of vice admiral shall be separated in accordance with section 14514 of this title on the later of the following:CommentsClose CommentsPermalink
`(1) 30 days after completion of 38 years of commissioned service.CommentsClose CommentsPermalink
`(2) The fifth anniversary of the date of the officer's appointment in the grade of lieutenant general or vice admiral.'.CommentsClose CommentsPermalink
(b) Clerical Amendments- Such section is further amended--CommentsClose CommentsPermalink
(1) in subsection (a), by inserting `for Brigadier Generals and Rear Admirals (Lower Half)' after `Grade' in the subsection heading; andCommentsClose CommentsPermalink
(2) in subsection (b), by inserting `for Major Generals and Rear Admirals' after `Grade' in the subsection heading.CommentsClose CommentsPermalink
SEC. 514. MAXIMUM PERIOD OF TEMPORARY FEDERAL RECOGNITION OF PERSON AS ARMY NATIONAL GUARD OFFICER OR AIR NATIONAL GUARD OFFICER.
SEC. 515. ADVANCE NOTICE TO MEMBERS OF RESERVE COMPONENTS OF DEPLOYMENT IN SUPPORT OF CONTINGENCY OPERATIONS.
(a) Advance Notice Required- The Secretary of a military department shall ensure that a member of a reserve component under the jurisdiction of that Secretary who will be called or ordered to active duty for a period of more than 30 days in support of a contingency operation (as defined in
(b) Reduction or Waiver of Notice Requirement- The Secretary of Defense may waive the requirement of subsection (a), or authorize shorter notice than the minimum specified in such subsection, during a war or national emergency declared by the President or Congress or to meet mission requirements. If the waiver or reduction is made on account of mission requirements, the Secretary shall submit to Congress a report detailing the reasons for the waiver or reduction and the mission requirements at issue.CommentsClose CommentsPermalink
SEC. 516. REPORT ON RELIEF FROM PROFESSIONAL LICENSURE AND CERTIFICATION REQUIREMENTS FOR RESERVE COMPONENT MEMBERS ON LONG-TERM ACTIVE DUTY.
(a) Study- The Comptroller General of the United States shall conduct a study of the requirements to maintain licensure or certification by members of the National Guard or other reserve components of the Armed Forces while on active duty for an extended period of time.CommentsClose CommentsPermalink
(b) Elements of Study- In the study, the Comptroller General shall--CommentsClose CommentsPermalink
(1) identify the number and type of professional or other licensure or certification requirements that may be adversely impacted by extended periods of active duty; andCommentsClose CommentsPermalink
(2) determine mechanisms that would provide relief from professional or other licensure or certification requirements for members of the reserve components while on active duty for an extended period of time.CommentsClose CommentsPermalink
(c) Report- Not later than 120 days after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representative a report containing the results of the study and such recommendations as the Comptroller General considers appropriate to provide further relief for members of the reserve components from professional or other licensure or certification requirements while on active duty for an extended period of time.CommentsClose CommentsPermalink
Subtitle C--Education and Training
SEC. 521. REVISIONS TO AUTHORITY TO PAY TUITION FOR OFF-DUTY TRAINING OR EDUCATION.
(a) Inclusion of Coast Guard- Subsection (a) of
(b) Commissioned Officers on Active Duty- Subsection (b) of such section is amended--CommentsClose CommentsPermalink
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by inserting after `commissioned officer on active duty' the following: `(other than a member of the Ready Reserve)';CommentsClose CommentsPermalink
(B) by striking `the Secretary of the military department concerned' and inserting `the Secretary concerned'; andCommentsClose CommentsPermalink
(C) by striking `or full-time National Guard duty' both places it appears; andCommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) in the matter preceding subparagraph (A), by striking `the Secretary of the military department' and inserting `the Secretary concerned';CommentsClose CommentsPermalink
(B) in subparagraph (B), by inserting after `active duty service' the following: `for which the officer was ordered to active duty'; andCommentsClose CommentsPermalink
(C) in subparagraph (C), by striking `Secretary' and inserting `Secretary concerned'.CommentsClose CommentsPermalink
(c) Authority To Pay Tuition Assistance to Members of the Ready Reserve-CommentsClose CommentsPermalink
(1) AVAILABILITY OF ASSISTANCE- Subsection (c) of such section is amended to read as follows:CommentsClose CommentsPermalink
`(c)(1) Subject to paragraphs (3) and (5), the Secretary concerned may pay the charges of an educational institution for the tuition or expenses described in subsection (a) of a member of the Selected Reserve.CommentsClose CommentsPermalink
`(2) Subject to paragraphs (4) and (5), the Secretary concerned may pay the charges of an educational institution for the tuition or expenses described in subsection (a) of a member of the Individual Ready Reserve who has a military occupational specialty designated by the Secretary concerned for purposes of this subsection.CommentsClose CommentsPermalink
`(3) The Secretary concerned may not pay charges under paragraph (1) for tuition or expenses of an officer of the Selected Reserve unless the officer enters into an agreement to remain a member of the Selected Reserve for at least 4 years after completion of the education or training for which the charges are paid.CommentsClose CommentsPermalink
`(4) The Secretary concerned may not pay charges under paragraph (2) for tuition or expenses of an officer of the Individual Ready Reserve unless the officer enters into an agreement to remain in the Selected Reserve or Individual Ready Reserve for at least 4 years after completion of the education or training for which the charges are paid.CommentsClose CommentsPermalink
`(5) The Secretary of a military department may require an enlisted member of the Selected Reserve or Individual Ready Reserve to enter into an agreement to serve for up to 4 years in the Selected Reserve or Individual Ready Reserve, as the case may be, after completion of the education or training for which tuition or expenses are paid under paragraph (1) or (2), as applicable.'.CommentsClose CommentsPermalink
(2) REPEAL OF SUPERSEDED PROVISION- Such section is further amended--CommentsClose CommentsPermalink
(A) by striking subsection (d); andCommentsClose CommentsPermalink
(B) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.CommentsClose CommentsPermalink
(3) REPAYMENT OF UNEARNED BENEFIT- Subsection (e) of such section, as redesignated by paragraph (2) of this subsection, is amended--CommentsClose CommentsPermalink
(A) by inserting `(1)' after `(e)'; andCommentsClose CommentsPermalink
(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(2) If a member of the Ready Reserve who enters into an agreement under subsection (c) does not complete the period of service specified in the agreement, the member shall be subject to the repayment provisions of section 303a(e) of title 37.'.CommentsClose CommentsPermalink
(d) Regulations- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(f) This section shall be administered under regulations prescribed by the Secretary of Defense or, with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary of Homeland Security.'.CommentsClose CommentsPermalink
(e) Study-CommentsClose CommentsPermalink
(1) STUDY REQUIRED- The Secretary of Defense shall carry out a study on the tuition assistance program carried out under
(A) identify the number of members of the Armed Forces eligible for assistance under the program, and the number who actually receive the assistance;CommentsClose CommentsPermalink
(B) assess the extent to which the program affects retention rates; andCommentsClose CommentsPermalink
(C) assess the extent to which State tuition assistance programs affect retention rates in those States.CommentsClose CommentsPermalink
(2) REPORT- Not later than 9 months after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the results of the study.CommentsClose CommentsPermalink
SEC. 522. REDUCTION OR ELIMINATION OF SERVICE OBLIGATION IN AN ARMY RESERVE OR ARMY NATIONAL GUARD TROOP PROGRAM UNIT FOR CERTAIN PERSONS SELECTED AS MEDICAL STUDENTS AT UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES.
Paragraph (3) of
`(3)(A) Subject to subparagraph (C), in the case of a person described in subparagraph (B), the Secretary may, at any time and with the consent of the person, modify an agreement described in paragraph (1)(F) submitted by the person for the purpose of reducing or eliminating the troop program unit service obligation specified in the agreement and to establish, in lieu of that obligation, an active duty service obligation.CommentsClose CommentsPermalink
`(B) Subparagraph (A) applies with respect to the following persons:CommentsClose CommentsPermalink
`(i) A cadet under this section at a military junior college.CommentsClose CommentsPermalink
`(ii) A cadet or former cadet under this section who is selected under section 2114 of this title to be a medical student at the Uniformed Services University of the Health Sciences.CommentsClose CommentsPermalink
`(iii) A cadet or former cadet under this section who signs an agreement under section 2122 of this title for participation in the Armed Forces Health Professions Scholarship and Financial Assistance program.CommentsClose CommentsPermalink
`(C) The modification of an agreement described in paragraph (1)(F) may be made only if the Secretary determines that it is in the best interests of the United States to do so.'.CommentsClose CommentsPermalink
SEC. 523. REPEAL OF ANNUAL LIMIT ON NUMBER OF ROTC SCHOLARSHIPS UNDER ARMY RESERVE AND ARMY NATIONAL GUARD FINANCIAL ASSISTANCE PROGRAM.
SEC. 524. TREATMENT OF PRIOR ACTIVE SERVICE OF MEMBERS IN UNIFORMED MEDICAL ACCESSION PROGRAMS.
(a) Medical Students of USUHS-CommentsClose CommentsPermalink
(1) TREATMENT OF STUDENTS WITH PRIOR ACTIVE SERVICE-
(A) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; andCommentsClose CommentsPermalink
(B) in subsection (b)--CommentsClose CommentsPermalink
(i) by inserting `(1)' after `(b)'; andCommentsClose CommentsPermalink
(ii) by inserting after the second sentence the following new paragraph:CommentsClose CommentsPermalink
`(2) If a member of the uniformed services selected to be a student has prior active service in a pay grade and with years of service credited for pay that would entitle the member, if the member remained in the former grade, to a rate of basic pay in excess of the rate of basic pay for regular officers in the grade of second lieutenant or ensign, the member shall be paid basic pay based on the former grade and years of service credited for pay. The amount of such basic pay for the member shall be increased on January 1 of each year by the percentage by which basic pay is increased on average on that date for that year, and the member shall continue to receive basic pay based on the former grade and years of service until the date, whether occurring before or after graduation, on which the basic pay for the member in the member's actual grade and years of service credited for pay exceeds the amount of basic pay to which the member is entitled based on the member's former grade and years of service.'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS- Such section is further amended--CommentsClose CommentsPermalink
(A) in subsection (b), by striking `Upon graduation they' and inserting the following:CommentsClose CommentsPermalink
`(c) Medical students who graduate'; andCommentsClose CommentsPermalink
(B) in subsection (i), as redesignated by paragraph (1), by striking `subsection (b)' and inserting `subsection (c)'.CommentsClose CommentsPermalink
(b) Participants in Health Professions Scholarship and Financial Assistance Program- Section 2121(c) of such title is amended--CommentsClose CommentsPermalink
(1) by inserting `(1)' after `(c)'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(2) If a member of the uniformed services selected to participate in the program as a medical student has prior active service in a pay grade and with years of service credited for pay that would entitle the member, if the member remained in the former grade, to a rate of basic pay in excess of the rate of basic pay for regular officers in the grade of second lieutenant or ensign, the member shall be paid basic pay based on the former grade and years of service credited for pay. The amount of such basic pay for the member shall be increased on January 1 of each year by the percentage by which basic pay is increased on average on that date for that year, and the member shall continue to receive basic pay based on the former grade and years of service until the date, whether occurring before or after the conclusion of such participation, on which the basic pay for the member in the member's actual grade and years of service credited for pay exceeds the amount of basic pay to which the member is entitled based on the member's former grade and years of service.'.CommentsClose CommentsPermalink
(c) Officers Detailed as Students at Medical Schools-CommentsClose CommentsPermalink
(1) APPOINTMENT AND TREATMENT OF PRIOR ACTIVE SERVICE- Section 2004a of such title is amended--CommentsClose CommentsPermalink
(A) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; andCommentsClose CommentsPermalink
(B) by inserting after subsection (d) the following new subsection:CommentsClose CommentsPermalink
`(e) Appointment and Treatment of Prior Active Service- (1) A commissioned officer detailed as a student at a medical school under subsection (a) shall be appointed as a regular officer in the grade of second lieutenant or ensign and shall serve on active duty in that grade with full pay and allowances of that grade.CommentsClose CommentsPermalink
`(2) If an officer detailed to be a medical student has prior active service in a pay grade and with years of service credited for pay that would entitle the officer, if the officer remained in the former grade, to a rate of basic pay in excess of the rate of basic pay for regular officers in the grade of second lieutenant or ensign, the officer shall be paid basic pay based on the former grade and years of service credited for pay. The amount of such basic pay for the officer shall be increased on January 1 of each year by the percentage by which basic pay is increased on average on that date for that year, and the officer shall continue to receive basic pay based on the former grade and years of service until the date, whether occurring before or after graduation, on which the basic pay for the officer in the officer's actual grade and years of service credited for pay exceeds the amount of basic pay to which the officer is entitled based on the officer's former grade and years of service.'.CommentsClose CommentsPermalink
(2) TECHNICAL AMENDMENT- Subsection (c) of such section is amended by striking `subsection (c)' and inserting `subsection (b)'.CommentsClose CommentsPermalink
SEC. 525. REPEAL OF POST-2007-2008 ACADEMIC YEAR PROHIBITION ON PHASED INCREASE IN CADET STRENGTH LIMIT AT THE UNITED STATES MILITARY ACADEMY.
SEC. 526. NATIONAL DEFENSE UNIVERSITY MASTER'S DEGREE PROGRAMS.
(a) Master of Arts Program Authorized-
(1) in subsection (a), by inserting `or master of arts' after `master of science'; andCommentsClose CommentsPermalink
(2) in subsection (b), by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(4) MASTER OF ARTS IN STRATEGIC SECURITY STUDIES- The degree of master of arts in strategic security studies, to graduates of the University who fulfill the requirements of the program at the School for National Security Executive Education.'.CommentsClose CommentsPermalink
(b) Clerical Amendments-CommentsClose CommentsPermalink
(1) SECTION HEADING- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink
`Sec. 2163. National Defense University: master's degree programs'.
(2) TABLE OF CONTENTS- The table of sections at the beginning of chapter 108 of such title is amended by striking the item relating to section 2163 and inserting the following new item:CommentsClose CommentsPermalink
`2163. National Defense University: master's degree programs.'.CommentsClose CommentsPermalink
(c) Applicability to 2006-2007 Graduates- Paragraph (4) of
SEC. 527. AUTHORITY OF THE AIR UNIVERSITY TO CONFER DEGREE OF MASTER OF SCIENCE IN FLIGHT TEST ENGINEERING.
(1) by redesignating paragraph (4) as paragraph (5); andCommentsClose CommentsPermalink
(2) by inserting after paragraph (3) the following new paragraph:CommentsClose CommentsPermalink
`(4) The degree of master of science in flight test engineering upon graduates of the Air Force Test Pilot School who fulfill the requirements for that degree in a manner consistent with the recommendations of the Department of Education and the principles of the regional accrediting body for the Air University.'.CommentsClose CommentsPermalink
SEC. 528. ENHANCEMENT OF EDUCATION BENEFITS FOR CERTAIN MEMBERS OF RESERVE COMPONENTS.
(a) Accelerated Payment of Educational Assistance for Members of the Selected Reserve-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 1606 of title 10, United States Code, is amended by inserting after section 16131 the following new section:CommentsClose CommentsPermalink
`Sec. 16131a. Accelerated payment of educational assistance
`(a) The educational assistance allowance payable under section 16131 of this title with respect to an eligible person described in subsection (b) may, upon the election of such eligible person, be paid on an accelerated basis in accordance with this section.CommentsClose CommentsPermalink
`(b) An eligible person described in this subsection is a person entitled to educational assistance under this chapter who is--CommentsClose CommentsPermalink
`(1) enrolled in an approved program of education not exceeding two years in duration and not leading to an associate, bachelors, masters, or other degree, subject to subsection (g); andCommentsClose CommentsPermalink
`(2) charged tuition and fees for the program of education that, when divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of educational assistance allowance otherwise payable with respect to the person under section 16131 of this title.CommentsClose CommentsPermalink
`(c)(1) The amount of the accelerated payment of educational assistance payable with respect to an eligible person making an election under subsection (a) for a program of education shall be the lesser of--CommentsClose CommentsPermalink
`(A) the amount equal to 60 percent of the established charges for the program of education; orCommentsClose CommentsPermalink
`(B) the aggregate amount of educational assistance allowance to which the person remains entitled under this chapter at the time of the payment.CommentsClose CommentsPermalink
`(2)(A) In this subsection, except as provided in subparagraph (B), the term `established charges', in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary of Veterans Affairs) for tuition and fees which similarly circumstanced individuals who are not eligible for benefits under this chapter and who are enrolled in the program of education would be required to pay. Established charges shall be determined on the following basis:CommentsClose CommentsPermalink
`(i) In the case of an individual enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the term, quarter, or semester.CommentsClose CommentsPermalink
`(ii) In the case of an individual enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the entire program of education.CommentsClose CommentsPermalink
`(B) In this subsection, the term `established charges' does not include any fees or payments attributable to the purchase of a vehicle.CommentsClose CommentsPermalink
`(3) The educational institution providing the program of education for which an accelerated payment of educational assistance allowance is elected by an eligible person under subsection (a) shall certify to the Secretary of Veterans Affairs the amount of the established charges for the program of education.CommentsClose CommentsPermalink
`(d) An accelerated payment of educational assistance allowance made with respect to an eligible person under this section for a program of education shall be made not later than the last day of the month immediately following the month in which the Secretary of Veterans Affairs receives a certification from the educational institution regarding--CommentsClose CommentsPermalink
`(1) the person's enrollment in and pursuit of the program of education; andCommentsClose CommentsPermalink
`(2) the amount of the established charges for the program of education.CommentsClose CommentsPermalink
`(e)(1) Except as provided in paragraph (2), for each accelerated payment of educational assistance allowance made with respect to an eligible person under this section, the person's entitlement to educational assistance under this chapter shall be charged the number of months (and any fraction thereof) determined by dividing the amount of the accelerated payment by the full-time monthly rate of educational assistance allowance otherwise payable with respect to the person under section 16131 of this title as of the beginning date of the enrollment period for the program of education for which the accelerated payment is made.CommentsClose CommentsPermalink
`(2) If the monthly rate of educational assistance allowance otherwise payable with respect to an eligible person under section 16131 of this title increases during the enrollment period of a program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge to the person's entitlement to educational assistance under this chapter shall be determined by prorating the entitlement chargeable, in the manner provided for under paragraph (1), for the periods covered by the initial rate and increased rate, respectively, in accordance with regulations prescribed by the Secretary of Veterans Affairs.CommentsClose CommentsPermalink
`(f) The Secretary of Veterans Affairs shall prescribe regulations to carry out this section. The regulations shall include requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment of educational assistance allowance under this section. The regulations may include such elements of the regulations prescribed under section 3014A of title 38 as the Secretary of Veterans Affairs considers appropriate for purposes of this section.CommentsClose CommentsPermalink
`(g) The aggregate amount of educational assistance payable under this section in any fiscal year for enrollments covered by subsection (b)(1) may not exceed $4,000,000.'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 1606 of such title is amended by inserting after the item relating to section 16131 the following new item:CommentsClose CommentsPermalink
`16131a. Accelerated payment of educational assistance.'.CommentsClose CommentsPermalink
(3) EFFECTIVE DATE- The amendments made by this subsection shall take effect on October 1, 2008, and shall only apply to initial enrollments in approved programs of education after such date.CommentsClose CommentsPermalink
(b) Accelerated Payment of Educational Assistance for Reserve Component Members Supporting Contingency Operations and Other Operations-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 1607 of title 10, United States Code, is amended by inserting after section 16162 the following new section:CommentsClose CommentsPermalink
`Sec. 16162a. Accelerated payment of educational assistance
`(a) Payment on Accelerated Basis- The educational assistance allowance payable under section 16162 of this title with respect to an eligible member described in subsection (b) may, upon the election of such eligible member, be paid on an accelerated basis in accordance with this section.CommentsClose CommentsPermalink
`(b) Eligible Members- An eligible member described in this subsection is a member of a reserve component entitled to educational assistance under this chapter who is--CommentsClose CommentsPermalink
`(1) enrolled in an approved program of education not exceeding two years in duration and not leading to an associate, bachelors, masters, or other degree, subject to subsection (g); andCommentsClose CommentsPermalink
`(2) charged tuition and fees for the program of education that, when divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of educational assistance allowance otherwise payable with respect to the member under section 16162 of this title.CommentsClose CommentsPermalink
`(c) Amount of Accelerated Payment- (1) The amount of the accelerated payment of educational assistance payable with respect to an eligible member making an election under subsection (a) for a program of education shall be the lesser of--CommentsClose CommentsPermalink
`(A) the amount equal to 60 percent of the established charges for the program of education; orCommentsClose CommentsPermalink
`(B) the aggregate amount of educational assistance allowance to which the member remains entitled under this chapter at the time of the payment.CommentsClose CommentsPermalink
`(2)(A) In this subsection, except as provided in subparagraph (B), the term `established charges', in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary of Veterans Affairs) for tuition and fees which similarly circumstanced individuals who are not eligible for benefits under this chapter and who are enrolled in the program of education would be required to pay. Established charges shall be determined on the following basis:CommentsClose CommentsPermalink
`(i) In the case of an individual enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the term, quarter, or semester.CommentsClose CommentsPermalink
`(ii) In the case of an individual enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the entire program of education.CommentsClose CommentsPermalink
`(B) In this subsection, the term `established charges' does not include any fees or payments attributable to the purchase of a vehicle.CommentsClose CommentsPermalink
`(3) The educational institution providing the program of education for which an accelerated payment of educational assistance allowance is elected by an eligible member under subsection (a) shall certify to the Secretary of Veterans Affairs the amount of the established charges for the program of education.CommentsClose CommentsPermalink
`(d) Time of Payment- An accelerated payment of educational assistance allowance made with respect to an eligible member under this section for a program of education shall be made not later than the last day of the month immediately following the month in which the Secretary of Veterans Affairs receives a certification from the educational institution regarding--CommentsClose CommentsPermalink
`(1) the member's enrollment in and pursuit of the program of education; andCommentsClose CommentsPermalink
`(2) the amount of the established charges for the program of education.CommentsClose CommentsPermalink
`(e) Charge Against Entitlement- (1) Except as provided in paragraph (2), for each accelerated payment of educational assistance allowance made with respect to an eligible member under this section, the member's entitlement to educational assistance under this chapter shall be charged the number of months (and any fraction thereof) determined by dividing the amount of the accelerated payment by the full-time monthly rate of educational assistance allowance otherwise payable with respect to the member under section 16162 of this title as of the beginning date of the enrollment period for the program of education for which the accelerated payment is made.CommentsClose CommentsPermalink
`(2) If the monthly rate of educational assistance allowance otherwise payable with respect to an eligible member under section 16162 of this title increases during the enrollment period of a program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge to the member's entitlement to educational assistance under this chapter shall be determined by prorating the entitlement chargeable, in the manner provided for under paragraph (1), for the periods covered by the initial rate and increased rate, respectively, in accordance with regulations prescribed by the Secretary of Veterans Affairs.CommentsClose CommentsPermalink
`(f) Regulations- The Secretary of Veterans Affairs shall prescribe regulations to carry out this section. The regulations shall include requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment of educational assistance allowance under this section. The regulations may include such elements of the regulations prescribed under section 3014A of title 38 as the Secretary of Veterans Affairs considers appropriate for purposes of this section.CommentsClose CommentsPermalink
`(g) Limitation- The aggregate amount of educational assistance payable under this section in any fiscal year for enrollments covered by subsection (b)(1) may not exceed $3,000,000.'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 1607 of such title is amended by inserting after the item relating to section 16162 the following new item:CommentsClose CommentsPermalink
`16162a. Accelerated payment of educational assistance.'.CommentsClose CommentsPermalink
(3) EFFECTIVE DATE- The amendments made by this subsection shall take effect on October 1, 2008, and shall only apply to initial enrollments in approved programs of education after such date.CommentsClose CommentsPermalink
(c) Enhancement of Educational Assistance for Reserve Component Members Supporting Contingency Operations and Other Operations-CommentsClose CommentsPermalink
(1) ASSISTANCE FOR THREE YEARS CUMULATIVE SERVICE- Subsection (c)(4)(C) of
`(i) two continuous years or more; orCommentsClose CommentsPermalink
`(ii) an aggregate of three years or more.'.CommentsClose CommentsPermalink
(2) CONTRIBUTIONS FOR INCREASED AMOUNT OF EDUCATIONAL ASSISTANCE- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(f) Contributions for Increased Amount of Educational Assistance- (1)(A) Any individual eligible for educational assistance under this section may contribute amounts for purposes of receiving an increased amount of educational assistance as provided for in paragraph (2).CommentsClose CommentsPermalink
`(B) An individual covered by subparagraph (A) may make the contributions authorized by that subparagraph at any time while a member of a reserve component, but not more frequently than monthly.CommentsClose CommentsPermalink
`(C) The total amount of the contributions made by an individual under subparagraph (A) may not exceed $600. Such contributions shall be made in multiples of $20.CommentsClose CommentsPermalink
`(D) Contributions under this subsection shall be made to the Secretary concerned. Such Secretary shall deposit any amounts received as contributions under this subsection into the Treasury as miscellaneous receipts.CommentsClose CommentsPermalink
`(2) Effective as of the first day of the enrollment period following the enrollment period in which an individual makes contributions under paragraph (1), the monthly amount of educational assistance allowance applicable to such individual under this section shall be the monthly rate otherwise provided for under subsection (c) increased by--CommentsClose CommentsPermalink
`(A) an amount equal to $5 for each $20 contributed by such individual under paragraph (1) for an approved program of education pursued on a full-time basis; orCommentsClose CommentsPermalink
`(B) an appropriately reduced amount based on the amount so contributed as determined under regulations that the Secretary of Veterans Affairs shall prescribe, for an approved program of education pursued on less than a full-time basis.'.CommentsClose CommentsPermalink
SEC. 529. EXTENSION OF PERIOD OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE FOR CERTAIN MEMBERS OF THE SELECTED RESERVE AFFECTED BY FORCE SHAPING INITIATIVES.
SEC. 530. TIME LIMIT FOR USE OF EDUCATIONAL ASSISTANCE BENEFIT FOR CERTAIN MEMBERS OF RESERVE COMPONENTS AND RESUMPTION OF BENEFIT.
(a) Modification of Time Limit for Use of Benefit-CommentsClose CommentsPermalink
(1) MODIFICATION-
`(1) while the member is serving--CommentsClose CommentsPermalink
`(A) in the Selected Reserve of the Ready Reserve, in the case of a member called or ordered to active service while serving in the Selected Reserve; orCommentsClose CommentsPermalink
`(B) in the Ready Reserve, in the case of a member ordered to active duty while serving in the Ready Reserve (other than the Selected Reserve); andCommentsClose CommentsPermalink
`(2) in the case of a person who separates from the Selected Reserve of the Ready Reserve after completion of a period of active service described in section 16163 of this title and completion of a service contract under other than dishonorable conditions, during the 10-year period beginning on the date on which the person separates from the Selected Reserve.'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Paragraph (2) of section 16165(a) of such title is amended to read as follows:CommentsClose CommentsPermalink
`(2) when the member separates from the Ready Reserve as provided in section 16164(a)(1) of this title, or upon completion of the period provided for in section 16164(a)(2) of this title, as applicable.'.CommentsClose CommentsPermalink
(b) Reclaiming Benefit for Members Reentering Service- Section 16165(b) of such title is amended by striking `of not more than 90 days' after `who incurs a break in service in the Selected Reserve'.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall take effect as of October 28, 2004, as if included in the enactment of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (
SEC. 531. SECRETARY OF DEFENSE EVALUATION OF THE ADEQUACY OF THE DEGREE-GRANTING AUTHORITIES OF CERTAIN MILITARY UNIVERSITIES AND EDUCATIONAL INSTITUTIONS.
(a) Evaluation Required- The Secretary of Defense shall carry out an evaluation of the degree-granting authorities provided by title 10, United States Code, to the academic institutions specified in subsection (b). The evaluation shall assess whether the current process, under which each degree conferred by each institution must have a statutory authorization, remains adequate, appropriate, and responsive enough to meet emerging military service education requirements.CommentsClose CommentsPermalink
(b) Specified Institutions- The academic institutions covered by subsection (a) are the following:CommentsClose CommentsPermalink
(1) The National Defense University.CommentsClose CommentsPermalink
(2) The Army War College and the United States Army Command and General Staff College.CommentsClose CommentsPermalink
(3) The United States Naval War College.CommentsClose CommentsPermalink
(4) The United States Naval Postgraduate School.CommentsClose CommentsPermalink
(5) Air University and the United States Air Force Institute of Technology.CommentsClose CommentsPermalink
(6) The Marine Corps University.CommentsClose CommentsPermalink
(c) Report- Not later than April 1, 2008, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the evaluation. The report shall include the results of the evaluation and any recommendations for changes to policy or law that the Secretary considers appropriate.CommentsClose CommentsPermalink
SEC. 532. REPORT ON SUCCESS OF ARMY NATIONAL GUARD AND RESERVE SENIOR RESERVE OFFICERS' TRAINING CORPS FINANCIAL ASSISTANCE PROGRAM.
(a) Report Required- Not later than 150 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the success of the financial assistance program of the Senior Reserve Officers' Training Corps under
(b) Covered Educational Institutions- The educational institutions referred to in subsection (a) are the following:CommentsClose CommentsPermalink
(1) An historically Black college or university that is a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (
(2) A minority institution, as defined in section 365(3) of that Act (
(3) An Hispanic-serving institution, as defined in section 502(a)(5) of that Act (
SEC. 533. REPORT ON UTILIZATION OF TUITION ASSISTANCE BY MEMBERS OF THE ARMED FORCES.
(a) Reports Required- Not later than April 1, 2008, the Secretary of each military department shall submit to the congressional defense committees a report on the utilization of tuition assistance by members of the Armed Forces, whether in the regular components of the Armed Forces or the reserve components of the Armed Forces, under the jurisdiction of such military department during fiscal year 2007.CommentsClose CommentsPermalink
(b) Elements- The report with respect to a military department under subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) Information on the policies of such military department for fiscal year 2007 regarding utilization of, and limits on, tuition assistance by members of the Armed Forces under the jurisdiction of such military department, including an estimate of the number of members of the reserve components of the Armed Forces under the jurisdiction of such military department whose requests for tuition assistance during that fiscal year were unfunded.CommentsClose CommentsPermalink
(2) Information on the policies of such military department for fiscal year 2007 regarding funding of tuition assistance for each of the regular components of the Armed Forces and each of the reserve components of the Armed Forces under the jurisdiction of such military department.CommentsClose CommentsPermalink
SEC. 534. NAVY JUNIOR RESERVE OFFICERS' TRAINING CORPS UNIT FOR SOUTHOLD, MATTITUCK, AND GREENPORT HIGH SCHOOLS.
For purposes of meeting the requirements of
(1) Southold High School.CommentsClose CommentsPermalink
(2) Mattituck High School.CommentsClose CommentsPermalink
(3) Greenport High School.CommentsClose CommentsPermalink
SEC. 535. REPORT ON TRANSFER OF ADMINISTRATION OF CERTAIN EDUCATIONAL ASSISTANCE PROGRAMS FOR MEMBERS OF THE RESERVE COMPONENTS.
(a) Report Required- Not later than September 1, 2008, the Secretary of Defense, in cooperation with the Secretary of Veterans Affairs, shall submit to the congressional defense committees and the Committees on Veterans Affairs of the Senate and House of Representatives a report on the feasibility and merits of transferring the administration of the educational assistance programs for members of the reserve components contained in chapters 1606 and 1607 of title 10, United States Code, from the Department of Defense to the Department of Veterans Affairs.CommentsClose CommentsPermalink
(b) Elements of Report- The report shall specifically address the following:CommentsClose CommentsPermalink
(1) A discussion of the history and purpose of the educational assistance benefits under chapters 1606 and 1607 of title 10, United States Code, and the data most recently available, as of the date of the enactment of this Act, relating to the cost of providing such benefits and the projected costs of providing such benefits over the ten-year period beginning on the such date.CommentsClose CommentsPermalink
(2) The effect of a transfer of administrative jurisdiction on the delivery of educational assistance benefits to members of the reserve components.CommentsClose CommentsPermalink
(3) The effect of a transfer of administrative jurisdiction on Department of Defense efforts relating to recruiting, retention, and compensation, including bonuses, special pays, and incentive pays.CommentsClose CommentsPermalink
(4) The extent to which educational assistance benefits influence the decision of a person to join a reserve component.CommentsClose CommentsPermalink
(5) The extent to which the educational assistance benefits available under chapter 1606 of title 10, United States Code, affect retention rates, including statistics showing how many members remain in the reserve components in order to continue to receive education benefits under such chapter.CommentsClose CommentsPermalink
(6) The extent to which the educational assistance benefits available under chapter 1607 of title 10, United States Code, affect retention rates, including statistics showing how many members remain in the reserve components in order to continue to receive education benefits under such chapter.CommentsClose CommentsPermalink
(7) The practical and budgetary issues involved in a transfer of administrative jurisdiction, including a discussion of the cost of equating the educational assistance benefits for members of the active and reserve components.CommentsClose CommentsPermalink
(8) Any recommendations of the Secretary for legislation to enhance or improve the delivery of educational assistance benefits for members of the reserve components.CommentsClose CommentsPermalink
(9) The feasibility and likely effects of transferring the administration of the educational assistance programs for members of the reserve components contained in chapters 1606 and 1607 of title 10, United States Code, from the Department of Defense to the Department of Veterans Affairs through the recodification of such chapters in title 38, United States Code, as proposed in section 525 of H.R. 1585 of the 110th Congress, as passed by the House of Representatives, together with any recommendations of the Secretary for improving that section.CommentsClose CommentsPermalink
(10) A discussion of the effects and impact of the amendments to chapter 1607 of title 10, United States Code, made by section 530 of this Act, relating to the extension of the time limit for the use of educational assistance benefits under that chapter.CommentsClose CommentsPermalink
(c) Reviews of Report- Before submission of the report to Congress, the Secretary of Defense shall secure the review of the report by the Defense Business Board, in cooperation with the Reserve Forces Policy Board. The Secretary of Veterans Affairs shall secure the review of the report by the Veterans Affairs Advisory Committee on Education. The results of such reviews shall be included as an appendix to the report.CommentsClose CommentsPermalink
(d) Comptroller General Review- Not later than November 1, 2008, the Comptroller General shall submit to the congressional committees referred to in subsection (a) an assessment of the report, including a review of the costs inherent in the transfer of administrative jurisdiction and the recruiting and retention data and other assumptions used by the Secretary of Defense in preparing the report. As part of the assessment, the Comptroller General shall solicit responses from the Secretary of Defense and the Secretary of Veterans Affairs.CommentsClose CommentsPermalink
Subtitle D--Military Justice and Legal Assistance Matters
SEC. 541. AUTHORITY TO DESIGNATE CIVILIAN EMPLOYEES OF THE FEDERAL GOVERNMENT AND DEPENDENTS OF DECEASED MEMBERS AS ELIGIBLE FOR LEGAL ASSISTANCE FROM DEPARTMENT OF DEFENSE LEGAL STAFF RESOURCES.
`(6) Survivors of a deceased member or former member described in paragraphs (1), (2), (3), and (4) who were dependents of the member or former member at the time of the death of the member or former member, except that the eligibility of such survivors shall be determined pursuant to regulations prescribed by the Secretary concerned.CommentsClose CommentsPermalink
`(7) Civilian employees of the Federal Government serving in locations where legal assistance from non-military legal assistance providers is not reasonably available, except that the eligibility of civilian employees shall be determined pursuant to regulations prescribed by the Secretary concerned.'.CommentsClose CommentsPermalink
SEC. 542. AUTHORITY OF JUDGES OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES TO ADMINISTER OATHS.
`(c) The judges of the United States Court of Appeals for the Armed Forces may administer the oaths authorized by subsections (a) and (b).'.CommentsClose CommentsPermalink
SEC. 543. MODIFICATION OF AUTHORITIES ON SENIOR MEMBERS OF THE JUDGE ADVOCATE GENERALS' CORPS.
(a) Department of the Army-CommentsClose CommentsPermalink
(1) GRADE OF JUDGE ADVOCATE GENERAL- Subsection (a) of
(2) REDESIGNATION OF ASSISTANT JUDGE ADVOCATE GENERAL AS DEPUTY JUDGE ADVOCATE GENERAL- Such section is further amended--CommentsClose CommentsPermalink
(A) in subsection (a), by striking `Assistant Judge Advocate General' each place it appears and inserting `Deputy Judge Advocate General'; andCommentsClose CommentsPermalink
(B) in subsection (d), by striking `Assistant Judge Advocate General' and inserting `Deputy Judge Advocate General'.CommentsClose CommentsPermalink
(3) CLERICAL AMENDMENTS- (A) The heading of such section is amended to read as follows:CommentsClose CommentsPermalink
`Sec. 3037. Judge Advocate General, Deputy Judge Advocate General, and general officers of Judge Advocate General's Corps: appointment; duties'.
(B) The table of sections at the beginning of chapter 305 of such title is amended by striking the item relating to section 3037 and inserting the following new item:CommentsClose CommentsPermalink
`3037. Judge Advocate General, Deputy Judge Advocate General, and general officers of Judge Advocate General's Corps: appointment; duties.'.CommentsClose CommentsPermalink
(b) Grade of Judge Advocate General of the Navy- Section 5148(b) of such title is amended by striking the last sentence and inserting the following new sentence: `The Judge Advocate General, while so serving, has the grade of vice admiral or lieutenant general, as appropriate.'.CommentsClose CommentsPermalink
(c) Grade of Judge Advocate General of the Air Force- Section 8037(a) of such title is amended by striking the last sentence and inserting the following new sentence: `The Judge Advocate General, while so serving, has the grade of lieutenant general.'.CommentsClose CommentsPermalink
(d) Increase in Number of Officers Serving in Grades Above Major General and Rear Admiral- Section 525(b) of such title is amended in paragraphs (1) and (2)(A) by striking `15.7 percent' each place it appears and inserting `16.3 percent'.CommentsClose CommentsPermalink
(e) Legal Counsel to Chairman of the Joint Chiefs of Staff-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 5 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 156. Legal Counsel to the Chairman of the Joint Chiefs of Staff
`(a) In General- There is a Legal Counsel to the Chairman of the Joint Chiefs of Staff.CommentsClose CommentsPermalink
`(b) Selection for Appointment- Under regulations prescribed by the Secretary of Defense, the officer selected for appointment to serve as Legal Counsel to the Chairman of the Joint Chiefs of Staff shall be recommended by a board of officers convened by the Secretary of Defense that, insofar as practicable, is subject to the procedures applicable to selection boards convened under chapter 36 of this title.CommentsClose CommentsPermalink
`(c) Grade- An officer appointed to serve as Legal Counsel to the Chairman of the Joint Chiefs of Staff shall, while so serving, hold the grade of brigadier general or rear admiral (lower half).CommentsClose CommentsPermalink
`(d) Duties- The Legal Counsel of the Chairman of the Joint Chiefs of Staff shall perform such legal duties in support of the responsibilities of the Chairman of the Joint Chiefs of Staff as the Chairman may prescribe.'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 5 of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`156. Legal Counsel to the Chairman of the Joint Chiefs of Staff'.CommentsClose CommentsPermalink
(f) Strategic Plan to Link General and Flag Officer Numbers, Assignments, and Development to the Missions and Requirements of the Department of Defense-CommentsClose CommentsPermalink
(1) STRATEGIC PLAN REQUIRED- The Secretary of Defense shall develop a strategic plan linking the missions and requirements of the Department of Defense for general and flag officers to the statutory limits on the numbers of general and flag officers, and current assignment, promotion, and joint officer development policies for general and flag officers.CommentsClose CommentsPermalink
(2) ADVICE OF CHAIRMAN OF JOINT CHIEFS OF STAFF- The Secretary shall develop the strategic plan required under paragraph (1) with the advice of the Chairman of the Joint Chiefs of Staff.CommentsClose CommentsPermalink
(3) MATTERS TO BE INCLUDED- The strategic plan required under paragraph (1) shall include the following:CommentsClose CommentsPermalink
(A) A description of the process for identification of the present and emerging requirements for general and flag officers and recommendations for meeting these requirements.CommentsClose CommentsPermalink
(B) Identification of the numbers of general and flag officers by service, grade, and qualifications currently available compared with the numbers needed to meet existing statutory requirements in support of the overall missions of the Department of Defense.CommentsClose CommentsPermalink
(C) An assessment of the problems or issues (and proposed solutions for any such problems or issues) arising from existing numerical limitations on the number and grade distribution of active and reserve component general and flag officers under sections 525, 526, and 12004 of title 10, United States Code.CommentsClose CommentsPermalink
(D) A discussion of how wartime requirements for additional general or flag officers have been addressed in support of Operation Enduring Freedom and Operation Iraqi Freedom, including the usage of wartime or national emergency authorities.CommentsClose CommentsPermalink
(E) An assessment of any problems or issues (and proposed solutions for any such problems or issues) arising from existing statutory provisions regarding general and flag officer assignments and grade requirements and the need, if any, for revision of provisions in title 10, United States Code, specific to individual general and flag officer positions along with recommendations to mitigate the need for routine legislative intervention as positions change to support organizational demands.CommentsClose CommentsPermalink
(F) An assessment of the use currently being made of reserve component flag and general officers and discussion of barriers to the qualification, selection, and assignment of National Guard and Reserve officers for the broadest possible range of positions of importance and responsibility.CommentsClose CommentsPermalink
(4) DEADLINE FOR SUBMISSION- The Secretary shall submit the plan required under paragraph (1) to the Committees on Armed Services of the Senate and the House of Representatives not later than March 1, 2009.CommentsClose CommentsPermalink
SEC. 544. PROHIBITION AGAINST MEMBERS OF THE ARMED FORCES PARTICIPATING IN CRIMINAL STREET GANGS.
The Secretary of Defense shall prescribe regulations to prohibit the active participation by members of the Armed Forces in a criminal street gang.CommentsClose CommentsPermalink
Subtitle E--Military Leave
SEC. 551. TEMPORARY ENHANCEMENT OF CARRYOVER OF ACCUMULATED LEAVE FOR MEMBERS OF THE ARMED FORCES.
(a) Temporary Increase in Accumulated Leave Carryover Amount-
(1) in subsection (b), by striking `subsection (f) and subsection (g)' and inserting `subsections (d), (f), and (g)'; andCommentsClose CommentsPermalink
(2) by inserting after subsection (c) the following new subsection:CommentsClose CommentsPermalink
`(d) Notwithstanding subsection (b), during the period beginning on October 1, 2008, through December 31, 2010, a member may accumulate up to 75 days of leave.'.CommentsClose CommentsPermalink
(b) Conforming Amendments Related to High Deployment Members- Subsection (f) of such section is amended--CommentsClose CommentsPermalink
(1) in paragraph (1)(A), by striking `any accumulated leave in excess of 60 days at the end of the fiscal year' and inserting `at the end of the fiscal year any accumulated leave in excess of the number of days of leave authorized to be accumulated under subsection (b) or (d)';CommentsClose CommentsPermalink
(2) in paragraph (1)(C)--CommentsClose CommentsPermalink
(A) by striking `60 days' and inserting `the days of leave authorized to be accumulated under subsection (b) or (d) that are'; andCommentsClose CommentsPermalink
(B) by inserting `(or fourth fiscal year, if accumulated while subsection (d) is in effect)' after `third fiscal year'; andCommentsClose CommentsPermalink
(3) in paragraph (2), by striking `except for this paragraph--' and all that follows through the end of the paragraph and inserting `except for this paragraph, would lose at the end of that fiscal year any accumulated leave in excess of the number of days of leave authorized to be accumulated under subsection (b) or (d), shall be permitted to retain such leave until the end of the second fiscal year after the fiscal year in which such service on active duty is terminated.'.CommentsClose CommentsPermalink
(c) Conforming Amendment Related to Members in Missing Status- Subsection (g) of such section is amended by striking `60-day limitation in subsection (b) and the 90-day limitation in subsection (f)' and inserting `limitations in subsections (b), (d), and (f)'.CommentsClose CommentsPermalink
(d) Pay-
`(6) An enlisted member of the armed forces who would lose accumulated leave in excess of 120 days of leave under section 701(f)(1) of title 10 may elect to be paid in cash or by a check on the Treasurer of the United States for any leave in excess so accumulated for up to 30 days of such leave. A member may make an election under this paragraph only once.'.CommentsClose CommentsPermalink
SEC. 552. ENHANCEMENT OF REST AND RECUPERATION LEAVE.
Subtitle F--Decorations and Awards
SEC. 561. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO LESLIE H. SABO, JR., FOR ACTS OF VALOR DURING THE VIETNAM WAR.
(a) Authorization- Notwithstanding the time limitations specified in
(b) Acts of Valor Described- The acts of valor referred to in subsection (a) are the actions of Leslie H. Sabo, Jr., on May 10, 1970, as a member of the United States Army serving in the grade of Specialist Four in the Republic of Vietnam with Company B of the 3d Battalion, 506th Infantry Regiment, 101st Airborne Division.CommentsClose CommentsPermalink
SEC. 562. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO HENRY SVEHLA FOR ACTS OF VALOR DURING THE KOREAN WAR.
(a) Authorization- Notwithstanding the time limitations specified in
(b) Acts of Valor Described- The acts of valor referred to in subsection (a) are the actions of Henry Svehla on June 12, 1952, as a member of the United States Army serving in the grade of Private First Class in Korea with Company F of the 32d Infantry Regiment, 7th Infantry Division.CommentsClose CommentsPermalink
SEC. 563. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO WOODROW W. KEEBLE FOR ACTS OF VALOR DURING THE KOREAN WAR.
(a) Waiver of Time Limitations- Notwithstanding the time limitations specified in
(b) Acts of Valor Described- The acts of valor referred to in subsection (a) are the actions of Woodrow W. Keeble of the United States Army as an acting platoon leader on October 20, 1950, during the Korean War.CommentsClose CommentsPermalink
SEC. 564. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO PRIVATE PHILIP G. SHADRACH FOR ACTS OF VALOR AS ONE OF ANDREWS' RAIDERS DURING THE CIVIL WAR.
(a) Authorization- Notwithstanding the time limitations specified in
(b) Acts of Valor Described- The acts of valor referred to in subsection (a) are the actions of Philip G. Shadrach as one of Andrews' Raiders during the Civil War on April 12, 1862.CommentsClose CommentsPermalink
SEC. 565. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO PRIVATE GEORGE D. WILSON FOR ACTS OF VALOR AS ONE OF ANDREWS' RAIDERS DURING THE CIVIL WAR.
(a) Authorization- The President is authorized and requested to award the Medal of Honor under
(b) Acts of Valor Described- The acts of valor referred to in subsection (a) are the actions of George D. Wilson as one of Andrews' Raiders during the Civil War on April 12, 1862.CommentsClose CommentsPermalink
Subtitle G--Impact Aid and Defense Dependents Education System
SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of Military Dependent Students- Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $30,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (
(b) Assistance to Schools With Enrollment Changes Due to Base Closures, Force Structure Changes, or Force Relocations- Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $10,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of such section 572.CommentsClose CommentsPermalink
(c) Local Educational Agency Defined- In this section, the term `local educational agency' has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (
SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
SEC. 573. INCLUSION OF DEPENDENTS OF NON-DEPARTMENT OF DEFENSE EMPLOYEES EMPLOYED ON FEDERAL PROPERTY IN PLAN RELATING TO FORCE STRUCTURE CHANGES, RELOCATION OF MILITARY UNITS, OR BASE CLOSURES AND REALIGNMENTS.
Section 574(e)(3) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(1) in subparagraph (A), by striking `and' at the end;CommentsClose CommentsPermalink
(2) in subparagraph (B), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(3) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(C) elementary and secondary school students who are dependents of personnel who are not members of the Armed Forces or civilian employees of the Department of Defense but who are employed on Federal property.'.CommentsClose CommentsPermalink
SEC. 574. PAYMENT OF PRIVATE BOARDING SCHOOL TUITION FOR MILITARY DEPENDENTS IN OVERSEAS AREAS NOT SERVED BY DEFENSE DEPENDENTS' EDUCATION SYSTEM SCHOOLS.
Section 1407(b)(1) of the Defense Dependents' Education Act of 1978 (
Subtitle H--Military Families
SEC. 581. DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS COUNCIL AND POLICY AND PLANS FOR MILITARY FAMILY READINESS.
(a) In General- Subchapter I of chapter 88 of title 10, United States Code, is amended by inserting after section 1781 the following new sections:CommentsClose CommentsPermalink
`Sec. 1781a. Department of Defense Military Family Readiness Council
`(a) In General- There is in the Department of Defense the Department of Defense Military Family Readiness Council (in this section referred to as the `Council').CommentsClose CommentsPermalink
`(b) Members- (1) The Council shall consist of the following members:CommentsClose CommentsPermalink
`(A) The Under Secretary of Defense for Personnel and Readiness, who shall serve as chair of the Council.CommentsClose CommentsPermalink
`(B) One representative of each of the Army, Navy, Marine Corps, and Air Force, who shall be appointed by the Secretary of Defense.CommentsClose CommentsPermalink
`(C) Three individuals appointed by the Secretary of Defense from among representatives of military family organizations, including military family organizations of families of members of the regular components and of families of members of the reserve components.CommentsClose CommentsPermalink
`(D) In addition to the representatives appointed under subparagraph (B), the senior enlisted advisors of the Army, Navy, Marine Corps, and Air Force, or the spouse of a senior enlisted member from each of the Army, Navy, Marine Corps, and Air Force.CommentsClose CommentsPermalink
`(2) The term on the Council of the members appointed under paragraph (1)(C) shall be three years.CommentsClose CommentsPermalink
`(c) Meetings- The Council shall meet not less often than twice each year.CommentsClose CommentsPermalink
`(d) Duties- The duties of the Council shall include the following:CommentsClose CommentsPermalink
`(1) To review and make recommendations to the Secretary of Defense regarding the policy and plans required under section 1781b of this title.CommentsClose CommentsPermalink
`(2) To monitor requirements for the support of military family readiness by the Department of Defense.CommentsClose CommentsPermalink
`(3) To evaluate and assess the effectiveness of the military family readiness programs and activities of the Department of Defense.CommentsClose CommentsPermalink
`(e) Annual Reports- (1) Not later than February 1 each year, the Council shall submit to the Secretary of Defense and the congressional defense committees a report on military family readiness.CommentsClose CommentsPermalink
`(2) Each report under this subsection shall include the following:CommentsClose CommentsPermalink
`(A) An assessment of the adequacy and effectiveness of the military family readiness programs and activities of the Department of Defense during the preceding fiscal year in meeting the needs and requirements of military families.CommentsClose CommentsPermalink
`(B) Recommendations on actions to be taken to improve the capability of the military family readiness programs and activities of the Department of Defense to meet the needs and requirements of military families, including actions relating to the allocation of funding and other resources to and among such programs and activities.CommentsClose CommentsPermalink
`Sec. 1781b. Department of Defense policy and plans for military family readiness
`(a) Policy and Plans Required- The Secretary of Defense shall develop a policy and plans for the Department of Defense for the support of military family readiness.CommentsClose CommentsPermalink
`(b) Purposes- The purposes of the policy and plans required under subsection (a) are as follows:CommentsClose CommentsPermalink
`(1) To ensure that the military family readiness programs and activities of the Department of Defense are comprehensive, effective, and properly supported.CommentsClose CommentsPermalink
`(2) To ensure that support is continuously available to military families in peacetime and in war, as well as during periods of force structure change and relocation of military units.CommentsClose CommentsPermalink
`(3) To ensure that the military family readiness programs and activities of the Department of Defense are available to all military families, including military families of members of the regular components and military families of members of the reserve components.CommentsClose CommentsPermalink
`(4) To make military family readiness an explicit element of applicable Department of Defense plans, programs, and budgeting activities, and that achievement of military family readiness is expressed through Department-wide goals that are identifiable and measurable.CommentsClose CommentsPermalink
`(5) To ensure that the military family readiness programs and activities of the Department of Defense undergo continuous evaluation in order to ensure that resources are allocated and expended for such programs and activities to achieve Department-wide family readiness goals.CommentsClose CommentsPermalink
`(c) Elements of Policy- The policy required under subsection (a) shall include the following elements:CommentsClose CommentsPermalink
`(1) A list of military family readiness programs and activities.CommentsClose CommentsPermalink
`(2) Department of Defense-wide goals for military family support, including joint programs, both for military families of members of the regular components and military families of members of the reserve components.CommentsClose CommentsPermalink
`(3) Policies on access to military family support programs and activities based on military family populations served and geographical location.CommentsClose CommentsPermalink
`(4) Metrics to measure the performance and effectiveness of the military family readiness programs and activities of the Department of Defense.CommentsClose CommentsPermalink
`(5) A summary, by fiscal year, of the allocation of funds (including appropriated funds and nonappropriated funds) for major categories of military family readiness programs and activities of the Department of Defense, set forth for each of the military departments and for the Office of the Secretary of Defense.CommentsClose CommentsPermalink
`(d) Annual Report- Not later than March 1, 2008, and each year thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the plans required under subsection (a) for the five-fiscal year period beginning with the fiscal year in which the report is submitted. Each report shall include the plans covered by the report and an assessment of the discharge by the Department of Defense of the previous plans submitted under this section.'.CommentsClose CommentsPermalink
(b) Report on Military Family Readiness Policy- Not later than February 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the policy developed under
(c) Surveys of Military Families-
`(d) Survey Required for Fiscal Year 2010- Notwithstanding subsection (a), during fiscal year 2010, the Secretary of Defense shall conduct a survey otherwise authorized under such subsection. Thereafter, additional surveys may be conducted not less often than once every three fiscal years.'.CommentsClose CommentsPermalink
(d) Clerical Amendment- The table of sections at the beginning of subchapter I of chapter 88 of such title is amended by inserting after the item relating to section 1781 the following new items:CommentsClose CommentsPermalink
`1781a. Department of Defense Military Family Readiness Council.CommentsClose CommentsPermalink
`1781b. Department of Defense policy and plans for military family readiness.'.CommentsClose CommentsPermalink
SEC. 582. YELLOW RIBBON REINTEGRATION PROGRAM.
(a) Establishment of Program- The Secretary of Defense shall establish a national combat veteran reintegration program to provide National Guard and Reserve members and their families with sufficient information, services, referral, and proactive outreach opportunities throughout the entire deployment cycle. This program shall be known as the Yellow Ribbon Reintegration Program.CommentsClose CommentsPermalink
(b) Purpose of Program; Deployment Cycle- The Yellow Ribbon Reintegration Program shall consist of informational events and activities for members of the reserve components of the Armed Forces, their families, and community members to facilitate access to services supporting their health and well-being through the 4 phases of the deployment cycle:CommentsClose CommentsPermalink
(1) Pre-Deployment.CommentsClose CommentsPermalink
(2) Deployment.CommentsClose CommentsPermalink
(3) Demobilization.CommentsClose CommentsPermalink
(4) Post-Deployment-Reconstitution.CommentsClose CommentsPermalink
(c) Executive Agent- The Secretary shall designate the Under Secretary of Defense for Personnel and Readiness as the Department of Defense executive agent for the Yellow Ribbon Reintegration Program.CommentsClose CommentsPermalink
(d) Office for Reintegration Programs-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- The Under Secretary of Defense for Personnel and Readiness shall establish the Office for Reintegration Programs within the Office of the Secretary of Defense. The office shall administer all reintegration programs in coordination with State National Guard organizations. The office shall be responsible for coordination with existing National Guard and Reserve family and support programs. The Directors of the Army National Guard and Air National Guard and the Chiefs of the Army Reserve, Marine Corps Reserve, Navy Reserve, and Air Force Reserve may appoint liaison officers to coordinate with the permanent office staff. The office may also enter into partnerships with other public entities, including the Department of Health and Human Services, Substance Abuse and the Mental Health Services Administration, for access to necessary substance abuse and mental health treatment services from local State-licensed service providers.CommentsClose CommentsPermalink
(2) CENTER FOR EXCELLENCE IN REINTEGRATION- The Office for Reintegration Programs shall establish a Center for Excellence in Reintegration within the office. The Center shall collect and analyze `lessons learned' and suggestions from State National Guard and Reserve organizations with existing or developing reintegration programs. The Center shall also assist in developing training aids and briefing materials and training representatives from State National Guard and Reserve organizations.CommentsClose CommentsPermalink
(e) Advisory Board-CommentsClose CommentsPermalink
(1) APPOINTMENT- The Secretary of Defense shall appoint an advisory board to analyze the Yellow Ribbon Reintegration Program and report on areas of success and areas for necessary improvements. The advisory board shall include the Director of the Army National Guard, the Director of the Air National Guard, Chiefs of the Army Reserve, Marine Corps Reserve, Navy Reserve, and Air Force Reserve, the Assistant Secretary of Defense for Reserve Affairs, an Adjutant General on a rotational basis as determined by the Chief of the National Guard Bureau, and any other Department of Defense, Federal Government agency, or outside organization as determined by the Secretary of Defense. The members of the advisory board may designate representatives in their stead.CommentsClose CommentsPermalink
(2) SCHEDULE- The advisory board shall meet on a schedule determined by the Secretary of Defense.CommentsClose CommentsPermalink
(3) INITIAL REPORTING REQUIREMENT- The advisory board shall issue internal reports as necessary and shall submit an initial report to the Committees on Armed Services of the Senate and House of Representatives not later than 180 days after the end of the 1-year period beginning on the date of the establishment of the Office for Reintegration Programs. The report shall contain--CommentsClose CommentsPermalink
(A) an evaluation of the implementation of the Yellow Ribbon Reintegration Program by State National Guard and Reserve organizations;CommentsClose CommentsPermalink
(B) an assessment of any unmet resource requirements; andCommentsClose CommentsPermalink
(C) recommendations regarding closer coordination between the Office of Reintegration Programs and State National Guard and Reserve organizations.CommentsClose CommentsPermalink
(4) ANNUAL REPORTS- The advisory board shall submit annual reports to the Committees on Armed Services of the Senate and the House of Representatives following the initial report by the first week in March of subsequent years following the initial report.CommentsClose CommentsPermalink
(f) State Deployment Cycle Support Teams- The Office for Reintegration Programs may employ personnel to administer the Yellow Ribbon Reintegration Program at the State level. The primary function of team members shall be--CommentsClose CommentsPermalink
(1) to implement the reintegration curriculum through the deployment cycle described in subsection (g);CommentsClose CommentsPermalink
(2) to obtain necessary service providers; andCommentsClose CommentsPermalink
(3) to educate service providers regarding the unique military nature of the reintegration program.CommentsClose CommentsPermalink
(g) Operation of Program Through Deployment Cycle-CommentsClose CommentsPermalink
(1) IN GENERAL- The Office for Reintegration Programs shall analyze the demographics, placement of State Family Assistance Centers and their resources before a mobilization alert is issued to affected State National Guard and Reserve organizations. The Office of Reintegration Programs shall consult with affected State National Guard and Reserve organizations following the issuance of a mobilization alert and implement the reintegration events in accordance with the Reintegration Program phase model.CommentsClose CommentsPermalink
(2) PRE-DEPLOYMENT PHASE- The Pre-Deployment Phase shall constitute the time from first notification of mobilization until deployment of the mobilized National Guard or Reserve unit. Events and activities shall focus on providing education and ensuring the readiness of members of the unit, their families, and affected communities for the rigors of a combat deployment.CommentsClose CommentsPermalink
(3) DEPLOYMENT PHASE- The Deployment Phase shall constitute the period from deployment of the mobilized National Guard or Reserve unit until the unit arrives at a demobilization station inside the continental United States. Events and services provided shall focus on the challenges and stress associated with separation and having a member in a combat zone. Information sessions shall utilize State National Guard and Reserve resources in coordination with the Employer Support of Guard and Reserve Office, Transition Assistance Advisors, and the State Family Programs Director.CommentsClose CommentsPermalink
(4) DEMOBILIZATION PHASE-CommentsClose CommentsPermalink
(A) IN GENERAL- The Demobilization Phase shall constitute the period from arrival of the National Guard or Reserve unit at the demobilization station until its departure for home station.CommentsClose CommentsPermalink
(B) INITIAL REINTEGRATION ACTIVITY- The purpose of this reintegration program is to educate members about the resources that are available to them and to connect members to service providers who can assist them in overcoming the challenges of reintegration.CommentsClose CommentsPermalink
(5) POST-DEPLOYMENT-RECONSTITUTION PHASE-CommentsClose CommentsPermalink
(A) IN GENERAL- The Post-Deployment-Reconstitution Phase shall constitute the period from arrival at home station until 180 days following demobilization. Activities and services provided shall focus on reconnecting members with their families and communities and providing resources and information necessary for successful reintegration. Reintegration events shall begin with elements of the Initial Reintegration Activity program that were not completed during the Demobilization Phase.CommentsClose CommentsPermalink
(B) 30-day, 60-DAY, AND 90-DAY REINTEGRATION ACTIVITIES- The State National Guard and Reserve organizations shall hold reintegration activities at the 30-day, 60-day, and 90-day interval following demobilization. These activities shall focus on reconnecting members and their families with the service providers from the Initial Reintegration Activity to ensure that members and their families understand what benefits they are entitled to and what resources are available to help them overcome the challenges of reintegration. The Reintegration Activities shall also provide a forum for members and their families to address negative behaviors related to combat stress and transition.CommentsClose CommentsPermalink
(C) MEMBER PAY- Members shall receive appropriate pay for days spent attending the Reintegration Activities at the 30-day, 60-day, and 90-day intervals.CommentsClose CommentsPermalink
(h) Outreach Services- As part of the Yellow Ribbon Reintegration Program, the Office for Reintegration Programs may develop programs of outreach to members of the Armed Forces and their family members to educate such members and their family members about the assistance and services available to them under the Yellow Ribbon Reintegration Program. Such assistance and services may include the following:CommentsClose CommentsPermalink
(1) Marriage counseling.CommentsClose CommentsPermalink
(2) Services for children.CommentsClose CommentsPermalink
(3) Suicide prevention.CommentsClose CommentsPermalink
(4) Substance abuse awareness and treatment.CommentsClose CommentsPermalink
(5) Mental health awareness and treatment.CommentsClose CommentsPermalink
(6) Financial counseling.CommentsClose CommentsPermalink
(7) Anger management counseling.CommentsClose CommentsPermalink
(8) Domestic violence awareness and prevention.CommentsClose CommentsPermalink
(9) Employment assistance.CommentsClose CommentsPermalink
(10) Preparing and updating family care plans.CommentsClose CommentsPermalink
(11) Development of strategies for living with a member of the Armed Forces with post-traumatic stress disorder or traumatic brain injury.CommentsClose CommentsPermalink
(12) Other services that may be appropriate to address the unique needs of members of the Armed Forces and their families who live in rural or remote areas with respect to family readiness and servicemember reintegration.CommentsClose CommentsPermalink
(13) Assisting members of the Armed Forces and their families find and receive assistance with military family readiness and servicemember reintegration, including referral services.CommentsClose CommentsPermalink
(14) Development of strategies and programs that recognize the need for long-term follow-up services for reintegrating members of the Armed Forces and their families for extended periods following deployments, including between deployments.CommentsClose CommentsPermalink
(15) Assisting members of the Armed Forces and their families in receiving services and assistance from the Department of Veterans Affairs, including referral services.CommentsClose CommentsPermalink
SEC. 583. STUDY TO ENHANCE AND IMPROVE SUPPORT SERVICES AND PROGRAMS FOR FAMILIES OF MEMBERS OF REGULAR AND RESERVE COMPONENTS UNDERGOING DEPLOYMENT.
(a) Study Required- The Secretary of Defense shall conduct a study to determine the most effective means to enhance and improve family support programs for families of deployed members of the regular and reserve components of the Armed Forces before, during, and after deployment. The study shall also take into account the potential to utilize non-governmental and local private sector entities and other Federal agencies having expertise in health and well-being of families, including family members who are children, infants, or toddlers.CommentsClose CommentsPermalink
(b) Elements- The study shall include at a minimum the following:CommentsClose CommentsPermalink
(1) The assessment of the types of information on health care and mental health benefits and services and other community resources that should be made available to members of the regular and reserve components and their families, including--CommentsClose CommentsPermalink
(A) crisis services;CommentsClose CommentsPermalink
(B) marriage and family counseling; andCommentsClose CommentsPermalink
(C) financial counseling.CommentsClose CommentsPermalink
(2) An assessment of means to improve support to the parents and caretakers of military dependent children in order to mitigate any adverse effects of the deployment of members on such children, including consideration of the following:CommentsClose CommentsPermalink
(A) The need to develop materials for parents and other caretakers of children to assist in responding to the effects of such deployment on children, including extended and multiple deployments and reunion (and the death or injury of members during such deployment), and the role that parents and caretakers can play in addressing or mitigating such effects.CommentsClose CommentsPermalink
(B) The potential best practices that are identified which build psychological and emotional resiliency in children in coping with deployment.CommentsClose CommentsPermalink
(C) The potential to improve dissemination throughout the Armed Forces of the most effective practices for outreach, training, and building psychological and emotional resiliency in children.CommentsClose CommentsPermalink
(D) The effectiveness of training materials for education, mental health, health, and family support professionals who provide services to parents and caretakers of military dependent children.CommentsClose CommentsPermalink
(E) The requirement to develop programs and activities to increase awareness throughout the military and civilian communities of the effects of deployment of a military spouse or guardians for such children and their families and to increase collaboration within such communities to address and mitigate such effects.CommentsClose CommentsPermalink
(F) The development of training for early child care and education, mental health, health care, and family support professionals to enhance the awareness of such professionals of their role in assisting families in addressing and mitigating the adverse implications of such deployment.CommentsClose CommentsPermalink
(G) The conduct of research on best practices for building psychological and emotional resiliency in such children in coping with the deployment of such members.CommentsClose CommentsPermalink
(3) An assessment of the effectiveness of family-to-family support programs--CommentsClose CommentsPermalink
(A) in providing peer support for families of deployed members of the regular and reserve components;CommentsClose CommentsPermalink
(B) in identifying and preventing family problems in such families;CommentsClose CommentsPermalink
(C) in reducing adverse outcomes for children of such families, including poor academic performance, behavioral problems, stress, and anxiety;CommentsClose CommentsPermalink
(D) in improving family readiness and post-deployment transition for such families; andCommentsClose CommentsPermalink
(E) in utilizing spouses of members of the Armed Forces as counselors for families of deployed members, in order to assist such families in coping before, during, and after the deployment, and the best practices for training spouses of members of the Armed Forces to act as counselors for families of deployed members.CommentsClose CommentsPermalink
(4) An assessment of the effectiveness of transition assistance programs and policies for families of members during post-deployment transition from a combat zone back to civilian or military communities--CommentsClose CommentsPermalink
(A) in identifying signs and symptoms of mental health conditions for both service members and their families; andCommentsClose CommentsPermalink
(B) in receiving information and resources available within the local communities to ease transition.CommentsClose CommentsPermalink
(5) An assessment of the impact of multiple overseas deployments of members on their families, particularly in the case of members serving in Operation Iraqi Freedom and Operation Enduring Freedom, including financial impacts and emotional impacts.CommentsClose CommentsPermalink
(6) An assessment of the most effective timing of providing information and support to the families of deployed members before, during, and after deployment, including at least six months after the date of return of deployed members.CommentsClose CommentsPermalink
(7) An assessment of the need for additional long-term research on the effects of multiple wartime deployments on families, including children, and critical areas of focus that should be addressed by such research.CommentsClose CommentsPermalink
(c) Report on Results of Study- Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the study conducted under subsection (a).CommentsClose CommentsPermalink
SEC. 584. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR PARENTS WHO ARE MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.
(a) Protection of Servicemembers Against Default Judgments- Section 201(a) of the Servicemembers Civil Relief Act (50 U.S.C. App. 521(a)) is amended by inserting `, including any child custody proceeding,' after `proceeding'.CommentsClose CommentsPermalink
(b) Stay of Proceedings When Servicemember Has Notice- Section 202(a) of the Servicemembers Civil Relief Act (50 U.S.C. App. 522(a)) is amended by inserting `, including any child custody proceeding,' after `civil action or proceeding'.CommentsClose CommentsPermalink
SEC. 585. FAMILY LEAVE IN CONNECTION WITH INJURED MEMBERS OF THE ARMED FORCES.
(a) Servicemember Family Leave-CommentsClose CommentsPermalink
(1) DEFINITIONS- Section 101 of the Family and Medical Leave Act of 1993 (
`(14) ACTIVE DUTY- The term `active duty' means duty under a call or order to active duty under a provision of law referred to in
`(15) CONTINGENCY OPERATION- The term `contingency operation' has the same meaning given such term in
`(16) COVERED SERVICEMEMBER- The term `covered servicemember' means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.CommentsClose CommentsPermalink
`(17) OUTPATIENT STATUS- The term `outpatient status', with respect to a covered servicemember, means the status of a member of the Armed Forces assigned to--CommentsClose CommentsPermalink
`(A) a military medical treatment facility as an outpatient; orCommentsClose CommentsPermalink
`(B) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.CommentsClose CommentsPermalink
`(18) NEXT OF KIN- The term `next of kin', used with respect to an individual, means the nearest blood relative of that individual.CommentsClose CommentsPermalink
`(19) SERIOUS INJURY OR ILLNESS- The term `serious injury or illness', in the case of a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.'.CommentsClose CommentsPermalink
(2) ENTITLEMENT TO LEAVE- Section 102(a) of such Act (
(A) in paragraph (1), by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(E) Because of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.'; andCommentsClose CommentsPermalink
(B) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
`(3) SERVICEMEMBER FAMILY LEAVE- Subject to section 103, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12-month period.CommentsClose CommentsPermalink
`(4) COMBINED LEAVE TOTAL- During the single 12-month period described in paragraph (3), an eligible employee shall be entitled to a combined total of 26 workweeks of leave under paragraphs (1) and (3). Nothing in this paragraph shall be construed to limit the availability of leave under paragraph (1) during any other 12-month period.'.CommentsClose CommentsPermalink
(3) REQUIREMENTS RELATING TO LEAVE-CommentsClose CommentsPermalink
(A) SCHEDULE- Section 102(b) of such Act (
(i) in paragraph (1), in the second sentence--CommentsClose CommentsPermalink
(I) by striking `section 103(b)(5)' and inserting `subsection (b)(5) or (f) (as appropriate) of section 103'; andCommentsClose CommentsPermalink
(II) by inserting `or under subsection (a)(3)' after `subsection (a)(1)';CommentsClose CommentsPermalink
(ii) in paragraph (1), by inserting after the second sentence the following new sentence: `Subject to subsection (e)(3) and section 103(f), leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule.'; andCommentsClose CommentsPermalink
(iii) in paragraph (2), by inserting `or under subsection (a)(3)' after `subsection (a)(1)'.CommentsClose CommentsPermalink
(B) SUBSTITUTION OF PAID LEAVE- Section 102(d) of such Act (
(i) in paragraph (1)--CommentsClose CommentsPermalink
(I) by inserting `(or 26 workweeks in the case of leave provided under subsection (a)(3))' after `12 workweeks' the first place it appears; andCommentsClose CommentsPermalink
(II) by inserting `(or 26 workweeks, as appropriate)' after `12 workweeks' the second place it appears;CommentsClose CommentsPermalink
(ii) in paragraph (2)(A), by striking `or (C)' and inserting `(C), or (E)'; andCommentsClose CommentsPermalink
(iii) in paragraph (2)(B), by adding at the end the following: `An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, family leave, or medical or sick leave of the employee for leave provided under subsection (a)(3) for any part of the 26-week period of such leave under such subsection, except that nothing in this title requires an employer to provide paid sick leave or paid medical leave in any situation in which the employer would not normally provide any such paid leave.'.CommentsClose CommentsPermalink
(C) NOTICE- Section 102(e) of such Act (
(i) in paragraph (2), by inserting `or under subsection (a)(3)' after `subsection (a)(1)'; andCommentsClose CommentsPermalink
(ii) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(3) NOTICE FOR LEAVE DUE TO ACTIVE DUTY OF FAMILY MEMBER- In any case in which the necessity for leave under subsection (a)(1)(E) is foreseeable, whether because the spouse, or a son, daughter, or parent, of the employee is on active duty, or because of notification of an impending call or order to active duty in support of a contingency operation, the employee shall provide such notice to the employer as is reasonable and practicable.'.CommentsClose CommentsPermalink
(D) SPOUSES EMPLOYED BY SAME EMPLOYER- Section 102(f) of such Act (
(i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), and aligning the margins of the subparagraphs with the margins of section 102(e)(2)(A);CommentsClose CommentsPermalink
(ii) by striking `In any' and inserting the following:CommentsClose CommentsPermalink
`(1) IN GENERAL- In any'; andCommentsClose CommentsPermalink
(iii) by adding at the end the following:CommentsClose CommentsPermalink
`(2) SERVICEMEMBER FAMILY LEAVE-CommentsClose CommentsPermalink
`(A) IN GENERAL- The aggregate number of workweeks of leave to which both that husband and wife may be entitled under subsection (a) may be limited to 26 workweeks during the single 12-month period described in subsection (a)(3) if the leave is--CommentsClose CommentsPermalink
`(i) leave under subsection (a)(3); orCommentsClose CommentsPermalink
`(ii) a combination of leave under subsection (a)(3) and leave described in paragraph (1).CommentsClose CommentsPermalink
`(B) BOTH LIMITATIONS APPLICABLE- If the leave taken by the husband and wife includes leave described in paragraph (1), the limitation in paragraph (1) shall apply to the leave described in paragraph (1).'.CommentsClose CommentsPermalink
(E) CERTIFICATION REQUIREMENTS- Section 103 of such Act (
(i) in subsection (a)--CommentsClose CommentsPermalink
(I) by striking `section 102(a)(1)' and inserting `paragraph (1) or paragraph (3) of section 102(a)'; andCommentsClose CommentsPermalink
(II) by inserting `or of the next of kin of an individual in the case of leave taken under such paragraph (3),' after `parent of the employee,'; andCommentsClose CommentsPermalink
(ii) by adding at the end the following:CommentsClose CommentsPermalink
`(f) Certification Related to Active Duty or Call to Active Duty- An employer may require that a request for leave under section 102(a)(1)(E) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe. If the Secretary issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the employer.'.CommentsClose CommentsPermalink
(F) FAILURE TO RETURN- Section 104(c) of such Act (
(i) in paragraph (2)(B)(i), by inserting `or under section 102(a)(3)' before the semicolon; andCommentsClose CommentsPermalink
(ii) in paragraph (3)(A)--CommentsClose CommentsPermalink
(I) in clause (i), by striking `or' at the end;CommentsClose CommentsPermalink
(II) in clause (ii), by striking the period and inserting `; or'; andCommentsClose CommentsPermalink
(III) by adding at the end the following:CommentsClose CommentsPermalink
`(iii) a certification issued by the health care provider of the servicemember being cared for by the employee, in the case of an employee unable to return to work because of a condition specified in section 102(a)(3).'.CommentsClose CommentsPermalink
(G) ENFORCEMENT- Section 107 of such Act (
(H) INSTRUCTIONAL EMPLOYEES- Section 108 of such Act (
(b) Servicemember Family Leave for Civil Service Employees-CommentsClose CommentsPermalink
(1) DEFINITIONS-
(A) in paragraph (5), by striking `and' at the end;CommentsClose CommentsPermalink
(B) in paragraph (6), by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(7) the term `active duty' means duty under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10;CommentsClose CommentsPermalink
`(8) the term `covered servicemember' means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in an outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness;CommentsClose CommentsPermalink
`(9) the term `outpatient status', with respect to a covered servicemember, means the status of a member of the Armed Forces assigned to--CommentsClose CommentsPermalink
`(A) a military medical treatment facility as an outpatient; orCommentsClose CommentsPermalink
`(B) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients;CommentsClose CommentsPermalink
`(10) the term `next of kin', used with respect to an individual, means the nearest blood relative of that individual; andCommentsClose CommentsPermalink
`(11) the term `serious injury or illness', in the case of a member of the Armed Forces, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.'.CommentsClose CommentsPermalink
(2) ENTITLEMENT TO LEAVE- Section 6382(a) of such title is amended by adding at the end the following:CommentsClose CommentsPermalink
`(3) Subject to section 6383, an employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 administrative workweeks of leave during a 12-month period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12-month period.CommentsClose CommentsPermalink
`(4) During the single 12-month period described in paragraph (3), an employee shall be entitled to a combined total of 26 administrative workweeks of leave under paragraphs (1) and (3). Nothing in this paragraph shall be construed to limit the availability of leave under paragraph (1) during any other 12-month period.'.CommentsClose CommentsPermalink
(3) REQUIREMENTS RELATING TO LEAVE-CommentsClose CommentsPermalink
(A) SCHEDULE- Section 6382(b) of such title is amended--CommentsClose CommentsPermalink
(i) in paragraph (1), in the second sentence--CommentsClose CommentsPermalink
(I) by striking `section 6383(b)(5)' and inserting `subsection (b)(5) or (f) (as appropriate) of section 6383'; andCommentsClose CommentsPermalink
(II) by inserting `or under subsection (a)(3)' after `subsection (a)(1)'; andCommentsClose CommentsPermalink
(ii) in paragraph (2), by inserting `or under subsection (a)(3)' after `subsection (a)(1)'.CommentsClose CommentsPermalink
(B) SUBSTITUTION OF PAID LEAVE- Section 6382(d) of such title is amended by adding at the end the following: `An employee may elect to substitute for leave under subsection (a)(3) any of the employee's accrued or accumulated annual or sick leave under subchapter I for any part of the 26-week period of leave under such subsection.'.CommentsClose CommentsPermalink
(C) NOTICE- Section 6382(e) of such title is amended by inserting `or under subsection (a)(3)' after `subsection (a)(1)'.CommentsClose CommentsPermalink
(D) CERTIFICATION- Section 6383 of such title is amended by adding at the end the following:CommentsClose CommentsPermalink
`(f) An employing agency may require that a request for leave under section 6382(a)(3) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.'.CommentsClose CommentsPermalink
SEC. 586. FAMILY CARE PLANS AND DEFERMENT OF DEPLOYMENT OF SINGLE PARENT OR DUAL MILITARY COUPLES WITH MINOR DEPENDENTS.
The Secretary of Defense shall establish appropriate procedures to ensure that an adequate family care plan is in place for a member of the Armed Forces with minor dependents who is a single parent or whose spouse is also a member of the Armed Forces when the member may be deployed in an area for which imminent danger pay is authorized under
SEC. 587. EDUCATION AND TREATMENT SERVICES FOR MILITARY DEPENDENT CHILDREN WITH AUTISM.
(a) Assessment of Availability of Services- The Secretary of Defense shall conduct a comprehensive assessment of the availability of Federal, State, and local education and treatment services on and in the vicinity of a covered military installation for children of members of the Armed Forces who are diagnosed with autism. This assessment shall include the following:CommentsClose CommentsPermalink
(1) The local availability of adequate educational services for children with autism.CommentsClose CommentsPermalink
(2) The local availability of adequate medical services for children with autism.CommentsClose CommentsPermalink
(3) The local availability of supplemental services for children with autism.CommentsClose CommentsPermalink
(4) The ease of access of children with autism to adequate educational services, such as the length of time on waiting lists.CommentsClose CommentsPermalink
(b) Review of Best Practices- In preparing the assessment under subsection (a), the Secretary of Defense shall conduct a review of best practices in the United States in the provision of covered educational services and treatment services for children with autism, including an assessment of Federal and State education and treatment services for children with autism in each State, with an emphasis on locations where eligible members and eligible dependents reside. The Secretary of Defense shall conduct the review in coordination with the Secretary of Education.CommentsClose CommentsPermalink
(c) Personnel Management Requirements-CommentsClose CommentsPermalink
(1) LIMITED STATIONING OPTIONS- The Secretary of the military department concerned shall ensure that, whenever practicable, eligible members are only assigned to military installations that are identified in the report required by subsection (g)(1).CommentsClose CommentsPermalink
(2) STABILIZATION POLICY- The Secretary of the military department concerned shall ensure that, whenever practicable, the families of eligible members residing at a military installation that is identified in such report are permitted to remain at that installation for a period of not less than 4 years.CommentsClose CommentsPermalink
(d) Case Managers and Services-CommentsClose CommentsPermalink
(1) CASE MANAGERS- The Secretary of the military department concerned shall ensure that eligible members are assigned case managers for both medical services and covered educational services for eligible dependents, which shall be required under the Exceptional Family Member Program pursuant to the policy established by the Secretary.CommentsClose CommentsPermalink
(2) INDIVIDUALIZED SERVICES PLAN- The Secretary of the military department concerned shall provide for the voluntary development for eligible dependents of individualized autism services plans for use by case managers, caregivers, and families to ensure continuity of services throughout the active military service of eligible members.CommentsClose CommentsPermalink
(3) AUTISM SUPPORT CENTERS- The Secretary of the military department concerned may establish local centers on military installations for the purpose of providing and coordinating autism services for eligible dependents.CommentsClose CommentsPermalink
(4) PARTNERSHIPS AND CONTRACTS- The Secretary of the military department concerned is encouraged to enter into partnerships or contracts with other appropriate public and private entities to carry out the responsibilities of this section.CommentsClose CommentsPermalink
(e) Demonstration Projects-CommentsClose CommentsPermalink
(1) PROJECTS AUTHORIZED- The Secretary of Defense may conduct 1 or more demonstration projects to evaluate improved approaches to the provision of covered educational services and treatment services to eligible dependents for the purpose of evaluating strategies for integrated treatment and case manager services, including early intervention and diagnosis, medical care, parent involvement, special education services, intensive behavioral intervention, and language, communications, and other interventions considered appropriate by the Secretary.CommentsClose CommentsPermalink
(2) CASE MANAGERS AND SERVICES PLAN- Each demonstration project shall include the assignment of case managers under paragraph (1) of subsection (d) and utilize the services plans prepared for eligible dependents under paragraph (2) of such subsection.CommentsClose CommentsPermalink
(3) SUPERVISORY LEVEL PROVIDERS- The Secretary of Defense may utilize for purposes of the demonstration projects personnel who are professionals with a level (as determined by the Secretary) of post-secondary education that is appropriate for the provision of safe and effective services for autism and who are from an accredited educational facility in the mental health, human development, social work, or education field to act as supervisory level providers of behavioral intervention services for autism. In so acting, such personnel may be authorized--CommentsClose CommentsPermalink
(A) to develop and monitor intensive behavior intervention plans for eligible dependents who are participating in the demonstration projects; andCommentsClose CommentsPermalink
(B) to provide appropriate training in the provision of approved services to participating eligible dependents.CommentsClose CommentsPermalink
(4) SERVICES UNDER CORPORATE SERVICES PROVIDER MODEL- In carrying out the demonstration projects, the Secretary of Defense may utilize a corporate services provider model. Employees of a provider under such a model shall include personnel who implement special educational and behavioral intervention plans for eligible dependents that are developed, reviewed, and maintained by supervisory level providers approved by the Secretary. In authorizing such a model, the Secretary shall establish--CommentsClose CommentsPermalink
(A) minimum education, training, and experience criteria required to be met by employees who provide services to eligible dependents;CommentsClose CommentsPermalink
(B) requirements for supervisory personnel and supervision, including requirements for supervisor credentials and for the frequency and intensity of supervision; andCommentsClose CommentsPermalink
(C) such other requirements as the Secretary considers appropriate to ensure safety and the protection of the eligible dependents who receive services from such employees under the demonstration projects.CommentsClose CommentsPermalink
(5) PERIOD- If the Secretary of Defense determines to conduct demonstration projects under this subsection, the Secretary shall commence such demonstration projects not later than 180 days after the date of the enactment of this Act. The demonstration projects shall be conducted for not less than 2 years.CommentsClose CommentsPermalink
(6) EVALUATION- The Secretary of Defense shall conduct an evaluation of each demonstration project conducted under this section. The evaluation shall include the following:CommentsClose CommentsPermalink
(A) An assessment of the extent to which the activities under the demonstration project contributed to positive outcomes for eligible dependents.CommentsClose CommentsPermalink
(B) An assessment of the extent to which the activities under the demonstration project led to improvements in services and continuity of care for eligible dependents.CommentsClose CommentsPermalink
(C) An assessment of the extent to which the activities under the demonstration project improved military family readiness and enhanced military retention.CommentsClose CommentsPermalink
(f) Relationship to Other Benefits- Nothing in this section precludes the eligibility of members of the Armed Forces and their dependents for extended benefits under
(g) Reports-CommentsClose CommentsPermalink
(1) REPORT IDENTIFYING COVERED MILITARY INSTALLATIONS- As a result of the assessment required by subsection (a), the Secretary of Defense shall submit to the congressional defense committees, not later than December 31, 2008, a report identifying those covered military installations that have covered educational services and facilities available (on the installation or in the vicinity of the installation) for eligible dependents that provide special education and related services consistent with the Individuals with Disabilities Education Act (
(2) REPORTS ON DEMONSTRATION PROJECTS- Not later than 30 months after the commencement of any demonstration project under subsection (e), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the demonstration project. The report shall include a description of the project, the results of the evaluation under subsection (e)(6) with respect to the project, and a description of plans for the further provision of services for eligible dependents under the project.CommentsClose CommentsPermalink
(h) Covered Educational Services Plan- After completing the assessment required by subsection (a) and the report required by subsection (g)(1), the Secretary of Defense shall develop a plan that would ensure that all eligible dependents are able to obtain covered educational services. In the event that eligible members are assigned to military installations that are not identified in the report required by subsection (g)(1), the plan should ensure that such eligible dependents are still able to obtain covered educational services, including by the use of authority granted to the Secretary under
(i) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term `autism' refers to the Autism Spectrum Disorders, which are developmental disabilities that cause substantial impairments in the areas of social interaction, emotional regulation, communication, and the integration of higher-order cognitive processes and are often characterized by the presence of unusual behaviors and interests. The term includes autistic disorder, pervasive developmental disorder (not otherwise specified), and Asperger's syndrome.CommentsClose CommentsPermalink
(2) The term `child' has the meaning given that term in
(3) The term `covered military installation' means a military installation at which at least 1,000 members of the Armed Forces are assigned who are eligible for an assignment accompanied by dependents.CommentsClose CommentsPermalink
(4) The term `eligible member' means a member of the Armed Forces who--CommentsClose CommentsPermalink
(A) has a dependent child who is diagnosed with autism; andCommentsClose CommentsPermalink
(B) is enrolled in an Exceptional Family Member Program of the Department of Defense.CommentsClose CommentsPermalink
(5) The term `eligible dependent' means a child of an eligible member who is diagnosed with autism.CommentsClose CommentsPermalink
(6) The term `local educational agency' has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (
(7) The term `covered educational services' includes behavioral intervention services for autism, such as Applied Behavioral Analysis.CommentsClose CommentsPermalink
SEC. 588. COMMENDATION OF EFFORTS OF PROJECT COMPASSION IN PAYING TRIBUTE TO MEMBERS OF THE ARMED FORCES WHO HAVE FALLEN IN THE SERVICE OF THE UNITED STATES.
(a) Commendation- Congress, on the behalf of the people of the United States, commends Kaziah M. Hancock and the 4 other volunteer professional portrait artists of the nonprofit organization known as Project Compassion, as well as the entire Project Compassion organization, for their ongoing efforts to provide, without charge, to the family of each member of the Armed Forces who has died on active duty since September 11, 2001, a museum-quality original oil portrait of the member.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that the people of the United States owe the deepest gratitude to Kaziah M. Hancock and the members of Project Compassion.CommentsClose CommentsPermalink
Subtitle I--Other Matters
SEC. 590. UNIFORM PERFORMANCE POLICIES FOR MILITARY BANDS AND OTHER MUSICAL UNITS.
(a) In General-CommentsClose CommentsPermalink
(1) CONSOLIDATION OF SEPARATE AUTHORITIES- Chapter 49 of title 10, United States Code, is amended by inserting after section 973 the following new section:CommentsClose CommentsPermalink
`Sec. 974. Uniform performance policies for military bands and other musical units
`(a) Restrictions on Competition and Remuneration- Bands, ensembles, choruses, or similar musical units of the armed forces, including individual members of such a unit performing in an official capacity, may not--CommentsClose CommentsPermalink
`(1) engage in the performance of music in competition with local civilian musicians; orCommentsClose CommentsPermalink
`(2) receive remuneration for official performances.CommentsClose CommentsPermalink
`(b) Members Performing in Personal Capacity- A member of a band, ensemble, chorus, or similar musical unit of the armed forces may engage in the performance of music in the member's personal capacity, as an individual or part of a group, for remuneration or otherwise, if the member--CommentsClose CommentsPermalink
`(1) does not wear a military uniform for the performance;CommentsClose CommentsPermalink
`(2) does not identify himself or herself as a member of the armed forces in connection with the performance; andCommentsClose CommentsPermalink
`(3) complies with all other applicable regulations and standards of conduct.CommentsClose CommentsPermalink
`(c) Recordings- (1) When authorized pursuant to regulations prescribed by the Secretary of Defense for purposes of this section, bands, ensembles, choruses, or similar musical units of the armed forces may produce recordings for distribution to the public, at a cost not to exceed production and distribution expenses.CommentsClose CommentsPermalink
`(2) Amounts received in payment for recordings distributed to the public under this subsection shall be credited to the appropriation or account providing the funds for the production of such recordings. Any amounts so credited shall be merged with amounts in the appropriation or account to which credited, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such appropriation or account.CommentsClose CommentsPermalink
`(d) Performance of Music in Competition With Local Civilian Musicians Defined- (1) In this section, the term `performance of music in competition with local civilian musicians' includes performances--CommentsClose CommentsPermalink
`(A) that are more than incidental to events that are not supported solely by appropriated funds and are not free to the public; andCommentsClose CommentsPermalink
`(B) of background, dinner, dance, or other social music at events, regardless of location, that are not supported solely by appropriated funds.CommentsClose CommentsPermalink
`(2) The term does not include performances--CommentsClose CommentsPermalink
`(A) at official Federal Government events that are supported solely by appropriated funds;CommentsClose CommentsPermalink
`(B) at concerts, parades, and other events that are patriotic events or celebrations of national holidays and are free to the public; orCommentsClose CommentsPermalink
`(C) that are incidental, such as short performances of military or patriotic music to open or close events, to events that are not supported solely by appropriated funds, in compliance with applicable rules and regulations.'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 973 the following new item:CommentsClose CommentsPermalink
`974. Uniform performance policies for military bands and other musical units.'.CommentsClose CommentsPermalink
(b) Repeal of Separate Service Authorities-CommentsClose CommentsPermalink
(1) REPEAL- Sections 3634, 6223, and 8634 of such title are repealed.CommentsClose CommentsPermalink
(2) TABLE OF SECTIONS- (A) The table of sections at the beginning of chapter 349 of such title is amended by striking the item relating to section 3634.CommentsClose CommentsPermalink
(B) The table of sections at the beginning of chapter 565 of such title is amended by striking the item relating to section 6223.CommentsClose CommentsPermalink
(C) The table of sections at the beginning of chapter 849 of such title is amended by striking the item relating to section 8634.CommentsClose CommentsPermalink
SEC. 591. TRANSPORTATION OF REMAINS OF DECEASED MEMBERS OF THE ARMED FORCES AND CERTAIN OTHER PERSONS.
SEC. 592. EXPANSION OF NUMBER OF ACADEMIES SUPPORTABLE IN ANY STATE UNDER STARBASE PROGRAM.
(1) in subparagraph (A), by striking `more than two academies' and inserting `more than four academies'; andCommentsClose CommentsPermalink
(2) in subparagraph (B), by striking `in excess of two' both places it appears and inserting `in excess of four'.CommentsClose CommentsPermalink
SEC. 593. GIFT ACCEPTANCE AUTHORITY.
(a) Permanent Authority To Accept Gifts on Behalf of the Wounded-
(b) Limitation on Solicitation of Gifts- The Secretary of Defense shall prescribe regulations implementing sections 2601 and 2608 of title 10, United States Code, that prohibit the solicitation of any gift under such sections by any employee of the Department of Defense if the nature or circumstances of such solicitation would compromise the integrity or the appearance of integrity of any program of the Department of Defense or of any individual involved in such program.CommentsClose CommentsPermalink
SEC. 594. CONDUCT BY MEMBERS OF THE ARMED FORCES AND VETERANS OUT OF UNIFORM DURING HOISTING, LOWERING, OR PASSING OF UNITED STATES FLAG.
SEC. 595. ANNUAL REPORT ON CASES REVIEWED BY NATIONAL COMMITTEE FOR EMPLOYER SUPPORT OF THE GUARD AND RESERVE.
(1) by redesignating paragraphs (2), (3), (4), (5), and (6) as paragraphs (3), (4), (5), (6), and (7) respectively;CommentsClose CommentsPermalink
(2) by inserting after paragraph (1) the following new paragraph (2):CommentsClose CommentsPermalink
`(2) The number of cases reviewed by the Secretary of Defense under the National Committee for Employer Support of the Guard and Reserve of the Department of Defense during the fiscal year for which the report is made.'; andCommentsClose CommentsPermalink
(3) in paragraph (5), as so redesignated, by striking `(2), or (3)' and inserting `(2), (3), or (4)'.CommentsClose CommentsPermalink
SEC. 596. MODIFICATION OF CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY (DD FORM 214).
The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall modify the Certificate of Release or Discharge from Active Duty (DD Form 214) in order to permit a member of the Armed Forces, upon discharge or release from active duty in the Armed Forces, to elect that the DD-214 issued with regard to the member be forwarded to the following:CommentsClose CommentsPermalink
(1) The Central Office of the Department of Veterans Affairs in the District of Columbia.CommentsClose CommentsPermalink
(2) The appropriate office of the Department of Veterans Affairs for the State or other locality in which the member will first reside after such discharge or release.CommentsClose CommentsPermalink
SEC. 597. REPORTS ON ADMINISTRATIVE SEPARATIONS OF MEMBERS OF THE ARMED FORCES FOR PERSONALITY DISORDER.
(a) Secretary of Defense Report on Administrative Separations Based on Personality Disorder-CommentsClose CommentsPermalink
(1) REPORT REQUIRED- Not later than April 1, 2008, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on all cases of administrative separation from the Armed Forces of covered members of the Armed Forces on the basis of a personality disorder.CommentsClose CommentsPermalink
(2) ELEMENTS- The report required by paragraph (1) shall include the following:CommentsClose CommentsPermalink
(A) A statement of the total number of cases, by Armed Force, in which covered members of the Armed Forces have been separated from the Armed Forces on the basis of a personality disorder, and an identification of the various forms of personality disorder forming the basis for such separations.CommentsClose CommentsPermalink
(B) A statement of the total number of cases, by Armed Force, in which covered members of the Armed Forces who have served in Iraq and Afghanistan since October 2001 have been separated from the Armed Forces on the basis of a personality disorder, and the identification of the various forms of personality disorder forming the basis for such separations.CommentsClose CommentsPermalink
(C) A summary of the policies, by Armed Force, controlling administrative separations of members of the Armed Forces based on personality disorder, and an evaluation of the adequacy of such policies for ensuring that covered members of the Armed Forces who may be eligible for disability evaluation due to mental health conditions are not separated from the Armed Forces on the basis of a personality disorder.CommentsClose CommentsPermalink
(D) A discussion of measures being implemented to ensure that members of the Armed Forces who should be evaluated for disability separation or retirement due to mental health conditions are not processed for separation from the Armed Forces on the basis of a personality disorder, and recommendations regarding how members of the Armed Forces who may have been so separated from the Armed Forces should be provided with expedited review by the applicable board for the correction of military records.CommentsClose CommentsPermalink
(b) Comptroller General Report on Policies on Administrative Separation Based on Personality Disorder-CommentsClose CommentsPermalink
(1) REPORT REQUIRED- Not later than June 1, 2008, the Comptroller General shall submit to Congress a report evaluating the policies and procedures of the Department of Defense and of the military departments relating to the separation of members of the Armed Forces based on a personality disorder.CommentsClose CommentsPermalink
(2) ELEMENTS- The report required by paragraph (1) shall--CommentsClose CommentsPermalink
(A) include an audit of a sampling of cases to determine the validity and clinical efficacy of the policies and procedures referred to in paragraph (1) and the extent, if any, of the divergence between the terms of such policies and procedures and the implementation of such policies and procedures; andCommentsClose CommentsPermalink
(B) include a determination by the Comptroller General of whether, and to what extent, the policies and procedures referred to in paragraph (1)--CommentsClose CommentsPermalink
(i) deviate from standard clinical diagnostic practices and current clinical standards; andCommentsClose CommentsPermalink
(ii) provide adequate safeguards aimed at ensuring that members of the Armed Forces who suffer from mental health conditions (including depression, post-traumatic stress disorder, or traumatic brain injury) resulting from service in a combat zone are not separated from the Armed Forces on the basis of a personality disorder.CommentsClose CommentsPermalink
(3) ALTERNATIVE SUBMISSION METHOD- In lieu of submitting a separate report under this subsection, the Comptroller may include the evaluation, audit and determination required by this subsection as part of the study of mental health services required by section 723 of the Ronald W. Reagan National Defense Authorization Act of 2005 (
(c) Covered Member of the Armed Forces Defined- In this section, the term `covered member of the Armed Forces' includes the following:CommentsClose CommentsPermalink
(1) Any member of a regular component of the Armed Forces who has served in Iraq or Afghanistan since October 2001.CommentsClose CommentsPermalink
(2) Any member of the Selected Reserve of the Ready Reserve of the Armed Forces who served on active duty in Iraq or Afghanistan since October 2001.CommentsClose CommentsPermalink
SEC. 598. PROGRAM TO COMMEMORATE 50TH ANNIVERSARY OF THE VIETNAM WAR.
(a) Commemorative Program Authorized- The Secretary of Defense may conduct a program to commemorate the 50th anniversary of the Vietnam War. In conducting the commemorative program, the Secretary shall coordinate, support, and facilitate other programs and activities of the Federal Government, State and local governments, and other persons and organizations in commemoration of the Vietnam War.CommentsClose CommentsPermalink
(b) Schedule- The Secretary of Defense shall determine the schedule of major events and priority of efforts for the commemorative program in order to ensure achievement of the objectives specified in subsection (c).CommentsClose CommentsPermalink
(c) Commemorative Activities and Objectives- The commemorative program may include activities and ceremonies to achieve the following objectives:CommentsClose CommentsPermalink
(1) To thank and honor veterans of the Vietnam War, including personnel who were held as prisoners of war or listed as missing in action, for their service and sacrifice on behalf of the United States and to thank and honor the families of these veterans.CommentsClose CommentsPermalink
(2) To highlight the service of the Armed Forces during the Vietnam War and the contributions of Federal agencies and governmental and non-governmental organizations that served with, or in support of, the Armed Forces.CommentsClose CommentsPermalink
(3) To pay tribute to the contributions made on the home front by the people of the United States during the Vietnam War.CommentsClose CommentsPermalink
(4) To highlight the advances in technology, science, and medicine related to military research conducted during the Vietnam War.CommentsClose CommentsPermalink
(5) To recognize the contributions and sacrifices made by the allies of the United States during the Vietnam War.CommentsClose CommentsPermalink
(d) Names and Symbols- The Secretary of Defense shall have the sole and exclusive right to use the name `The United States of America Vietnam War Commemoration', and such seal, emblems, and badges incorporating such name as the Secretary may lawfully adopt. Nothing in this section may be construed to supersede rights that are established or vested before the date of the enactment of this Act.CommentsClose CommentsPermalink
(e) Commemorative Fund-CommentsClose CommentsPermalink
(1) ESTABLISHMENT AND ADMINISTRATION- If the Secretary establishes the commemorative program under subsection (a), the Secretary the Treasury shall establish in the Treasury of the United States an account to be known as the `Department of Defense Vietnam War Commemoration Fund' (in this section referred to as the `Fund'). The Fund shall be administered by the Secretary of Defense.CommentsClose CommentsPermalink
(2) USE OF FUND- The Secretary shall use the assets of the Fund only for the purpose of conducting the commemorative program and shall prescribe such regulations regarding the use of the Fund as the Secretary considers to be necessary.CommentsClose CommentsPermalink
(3) DEPOSITS- There shall be deposited into the Fund--CommentsClose CommentsPermalink
(A) amounts appropriated to the Fund;CommentsClose CommentsPermalink
(B) proceeds derived from the Secretary's use of the exclusive rights described in subsection (d);CommentsClose CommentsPermalink
(C) donations made in support of the commemorative program by private and corporate donors; andCommentsClose CommentsPermalink
(D) funds transferred to the Fund by the Secretary from funds appropriated for fiscal year 2008 and subsequent years for the Department of Defense.CommentsClose CommentsPermalink
(4) AVAILABILITY- Subject to subsection (g)(2), amounts deposited under paragraph (3) shall constitute the assets of the Fund and remain available until expended.CommentsClose CommentsPermalink
(5) BUDGET REQUEST- The Secretary of Defense may establish a separate budget line for the commemorative program. In the budget justification materials submitted by the Secretary in support of the budget of the President for any fiscal year for which the Secretary establishes the separate budget line, the Secretary shall--CommentsClose CommentsPermalink
(A) identify and explain any amounts expended for the commemorative program in the fiscal year preceding the budget request;CommentsClose CommentsPermalink
(B) identify and explain the amounts being requested to support the commemorative program for the fiscal year of the budget request; andCommentsClose CommentsPermalink
(C) present a summary of the fiscal status of the Fund.CommentsClose CommentsPermalink
(f) Acceptance of Voluntary Services-CommentsClose CommentsPermalink
(1) AUTHORITY TO ACCEPT SERVICES- Notwithstanding
(2) REIMBURSEMENT OF INCIDENTAL EXPENSES- The Secretary may provide for reimbursement of incidental expenses incurred by a person providing voluntary services under this subsection. The Secretary shall determine which expenses are eligible for reimbursement under this paragraph.CommentsClose CommentsPermalink
(g) Final Report-CommentsClose CommentsPermalink
(1) REPORT REQUIRED- Not later than 60 days after the end of the commemorative program, if established by the Secretary of Defense under subsection (a), the Secretary shall submit to Congress a report containing an accounting of--CommentsClose CommentsPermalink
(A) all of the funds deposited into and expended from the Fund;CommentsClose CommentsPermalink
(B) any other funds expended under this section; andCommentsClose CommentsPermalink
(C) any unobligated funds remaining in the Fund.CommentsClose CommentsPermalink
(2) TREATMENT OF UNOBLIGATED FUNDS- Unobligated amounts remaining in the Fund as of the end of the commemorative period specified in subsection (b) shall be held in the Fund until transferred by law.CommentsClose CommentsPermalink
(h) Limitation on Expenditures- Total expenditures from the Fund, using amounts appropriated to the Department of Defense, may not exceed $5,000,000 for fiscal year 2008 or for any subsequent fiscal year to carry out the commemorative program.CommentsClose CommentsPermalink
(i) Funding- Of the amount authorized to be appropriated pursuant to section 301(5) for Defense-wide activities, $1,000,000 shall be available for deposit in the Fund for fiscal year 2008 if the Fund is established under subsection (e).CommentsClose CommentsPermalink
SEC. 599. RECOGNITION OF MEMBERS OF THE MONUMENTS, FINE ARTS, AND ARCHIVES PROGRAM OF THE CIVIL AFFAIRS AND MILITARY GOVERNMENT SECTIONS OF THE ARMED FORCES DURING AND FOLLOWING WORLD WAR II.
Congress hereby--CommentsClose CommentsPermalink
(1) recognizes the men and women who served in the Monuments, Fine Arts, and Archives program (MFAA) under the Civil Affairs and Military Government Sections of the United States Armed Forces for their heroic role in the preservation, protection, and restitution of monuments, works of art, and other artifacts of inestimable cultural importance in Europe and Asia during and following World War II;CommentsClose CommentsPermalink
(2) recognizes that without their dedication and service, many more of the world's artistic and historic treasures would have been destroyed or lost forever amidst the chaos and destruction of World War II;CommentsClose CommentsPermalink
(3) acknowledges that the detailed catalogues, documentation, inventories, and photographs developed and compiled by MFAA personnel during and following World War II, have made, and continue to make, possible the restitution of stolen works of art to their rightful owners; andCommentsClose CommentsPermalink
(4) commends and extols the members of the MFAA for establishing a precedent for action to protect cultural property in the event of armed conflict, and by their action setting a standard not just for one country, but for people of all nations to acknowledge and uphold.CommentsClose CommentsPermalink
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2008 increase in military basic pay.CommentsClose CommentsPermalink
Sec. 602. Basic allowance for housing for reserve component members without dependents who attend accession training while maintaining a primary residence.CommentsClose CommentsPermalink
Sec. 603. Extension and enhancement of authority for temporary lodging expenses for members of the Armed Forces in areas subject to major disaster declaration or for installations experiencing sudden increase in personnel levels.CommentsClose CommentsPermalink
Sec. 604. Income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service.CommentsClose CommentsPermalink
Sec. 605. Midmonth payment of basic pay for contributions of members of the uniformed services participating in Thrift Savings Plan.CommentsClose CommentsPermalink
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 610. Correction of lapsed authorities for payment of bonuses, special pays, and similar benefits for members of the uniformed services.CommentsClose CommentsPermalink
Sec. 611. Extension of certain bonus and special pay authorities for Reserve forces.CommentsClose CommentsPermalink
Sec. 612. Extension of certain bonus and special pay authorities for health care professionals.CommentsClose CommentsPermalink
Sec. 613. Extension of special pay and bonus authorities for nuclear officers.CommentsClose CommentsPermalink
Sec. 614. Extension of authorities relating to payment of other bonuses and special pays.CommentsClose CommentsPermalink
Sec. 615. Increase in incentive special pay and multiyear retention bonus for medical officers.CommentsClose CommentsPermalink
Sec. 616. Increase in dental officer additional special pay.CommentsClose CommentsPermalink
Sec. 617. Increase in maximum monthly rate of hardship duty pay and authority to provide hardship duty pay in a lump sum.CommentsClose CommentsPermalink
Sec. 618. Definition of sea duty for career sea pay to include service as off-cycle crewmembers of multi-crew ships.CommentsClose CommentsPermalink
Sec. 619. Reenlistment bonus for members of the Selected Reserve.CommentsClose CommentsPermalink
Sec. 620. Availability of Selected Reserve accession bonus for persons who previously served in the Armed Forces for a short period.CommentsClose CommentsPermalink
Sec. 621. Availability of nuclear officer continuation pay for officers with more than 26 years of commissioned service.CommentsClose CommentsPermalink
Sec. 622. Waiver of years-of-service limitation on receipt of critical skills retention bonus.CommentsClose CommentsPermalink
Sec. 623. Accession bonus for participants in the Armed Forces Health Professions Scholarship and Financial Assistance Program.CommentsClose CommentsPermalink
Sec. 624. Payment of assignment incentive pay for Reserve members serving in combat zone for more than 22 months.CommentsClose CommentsPermalink
Subtitle C--Travel and Transportation Allowances
Sec. 631. Payment of inactive duty training travel costs for certain Selected Reserve members.CommentsClose CommentsPermalink
Sec. 632. Survivors of deceased members eligible for transportation to attend burial ceremonies.CommentsClose CommentsPermalink
Sec. 633. Allowance for participation of Reserves in electronic screening.CommentsClose CommentsPermalink
Sec. 634. Allowance for civilian clothing for members of the Armed Forces traveling in connection with medical evacuation.CommentsClose CommentsPermalink
Sec. 635. Payment of moving expenses for Junior Reserve Officers' Training Corps instructors in hard-to-fill positions.CommentsClose CommentsPermalink
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Expansion of combat-related special compensation eligibility.CommentsClose CommentsPermalink
Sec. 642. Inclusion of veterans with service-connected disabilities rated as total by reason of unemployability under termination of phase-in of concurrent receipt of retired pay and veterans' disability compensation.CommentsClose CommentsPermalink
Sec. 643. Recoupment of annuity amounts previously paid, but subject to offset for dependency and indemnity compensation.CommentsClose CommentsPermalink
Sec. 644. Special survivor indemnity allowance for persons affected by required Survivor Benefit Plan annuity offset for dependency and indemnity compensation.CommentsClose CommentsPermalink
Sec. 645. Modification of authority of members of the Armed Forces to designate recipients for payment of death gratuity.CommentsClose CommentsPermalink
Sec. 646. Clarification of application of retired pay multiplier percentage to members of the uniformed services with over 30 years of service.CommentsClose CommentsPermalink
Sec. 647. Commencement of receipt of non-regular service retired pay by members of the Ready Reserve on active Federal status or active duty for significant periods.CommentsClose CommentsPermalink
Sec. 648. Computation of years of service for purposes of retired pay for non-regular service.CommentsClose CommentsPermalink
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
Sec. 651. Authority to continue commissary and exchange benefits for certain involuntarily separated members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 652. Authorization of installment deductions from pay of employees of nonappropriated fund instrumentalities to collect indebtedness to the United States.CommentsClose CommentsPermalink
Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus Authorities
Sec. 661. Consolidation of special pay, incentive pay, and bonus authorities of the uniformed services.CommentsClose CommentsPermalink
Sec. 662. Transitional provisions.CommentsClose CommentsPermalink
Subtitle G--Other Matters
Sec. 671. Referral bonus authorities.CommentsClose CommentsPermalink
Sec. 672. Expansion of education loan repayment program for members of the Selected Reserve.CommentsClose CommentsPermalink
Sec. 673. Ensuring entry into United States after time abroad for permanent resident alien military spouses and children.CommentsClose CommentsPermalink
Sec. 674. Overseas naturalization for military spouses and children.CommentsClose CommentsPermalink
Sec. 675. Modification of amount of back pay for members of Navy and Marine Corps selected for promotion while interned as prisoners of war during World War II to take into account changes in Consumer Price Index.CommentsClose CommentsPermalink
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2008 INCREASE IN MILITARY BASIC PAY.
(a) Rescission of Prior Basic Pay Adjustment- The adjustment made as of January 1, 2008, pursuant to section 4 of Executive Order No. 13454 (issued January 4, 2008), in elements of compensation of members of the uniformed services pursuant to
(b) Increase in Basic Pay- Effective as of January 1, 2008, the rates of monthly basic pay for members of the uniformed services are increased by 3.5 percent.CommentsClose CommentsPermalink
SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR RESERVE COMPONENT MEMBERS WITHOUT DEPENDENTS WHO ATTEND ACCESSION TRAINING WHILE MAINTAINING A PRIMARY RESIDENCE.
(a) Availability of Allowance-
(1) by inserting `to attend accession training,' after `active duty' the first place it appears; andCommentsClose CommentsPermalink
(2) by inserting a comma after `contingency operation' the first place it appears.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by subsection (a) shall apply with respect to months beginning on or after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 603. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR TEMPORARY LODGING EXPENSES FOR MEMBERS OF THE ARMED FORCES IN AREAS SUBJECT TO MAJOR DISASTER DECLARATION OR FOR INSTALLATIONS EXPERIENCING SUDDEN INCREASE IN PERSONNEL LEVELS.
(a) Maximum Period of Receipt of Expenses-
(b) Extension of Authority for Increase in Certain BAH- Section 403(b)(7)(E) of such title is amended by striking `December 31, 2008' and inserting `December 31, 2009'.CommentsClose CommentsPermalink
SEC. 604. INCOME REPLACEMENT PAYMENTS FOR RESERVE COMPONENT MEMBERS EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR ACTIVE DUTY SERVICE.
(a) Clarification Regarding When Payments Required- Subsection (a) of
(b) Eligibility- Subsection (b) of such section is amended to read as follows:CommentsClose CommentsPermalink
`(b) Eligibility- (1) A member of a reserve component is entitled to a payment under this section for any full month of active duty of the member, when the total monthly military compensation of the member is less than the average monthly civilian income of the member, while the member is on active duty under an involuntary mobilization order, following the date on which the member--CommentsClose CommentsPermalink
`(A) completes 547 continuous days of service on active duty under an involuntary mobilization order;CommentsClose CommentsPermalink
`(B) completes 730 cumulative days on active duty under an involuntary mobilization order during the previous 1,826 days; orCommentsClose CommentsPermalink
`(C) is involuntarily mobilized for service on active duty for a period of 180 days or more within 180 days after the date of the member's separation from a previous period of active duty for a period of 180 days or more.CommentsClose CommentsPermalink
`(2) The entitlement of a member of a reserve component to a payment under this section also shall commence or, if previously commenced under paragraph (1), shall continue if the member--CommentsClose CommentsPermalink
`(A) satisfies the required number of days on active duty specified in subparagraph (A) or (B) of paragraph (1) or was involuntarily mobilized as provided in subparagraph (C) of such paragraph; andCommentsClose CommentsPermalink
`(B) is retained on active duty under subparagraph (A) or (B) of section 12301(h)(1) of title 10 because of an injury or illness incurred or aggravated while the member was assigned to duty in an area for which special pay under section 310 of this title is available.'.CommentsClose CommentsPermalink
(c) Termination of Authority- Subsection (g) of such section is amended to read as follows:CommentsClose CommentsPermalink
`(g) Termination- No payment shall be made to a member under this section for months beginning after December 31, 2008, unless the entitlement of the member to payments under this section commenced on or before that date.'.CommentsClose CommentsPermalink
SEC. 605. MIDMONTH PAYMENT OF BASIC PAY FOR CONTRIBUTIONS OF MEMBERS OF THE UNIFORMED SERVICES PARTICIPATING IN THRIFT SAVINGS PLAN.
(a) Semi-Monthly Deposit of Member's Contributions-
`(c) With respect to a member of the uniformed services who has elected to participate in the Thrift Savings Plan under section 211 of this title, subsection (a) does not preclude the payment of an amount equal to one-half of the monthly deposit to the Thrift Savings Fund otherwise to be made by the member in participating in the Plan, which amount may be deposited in the Thrift Savings Fund at midmonth.'.CommentsClose CommentsPermalink
(b) Semi-Monthly Repayment of Borrowed Amounts- Section 211 of such title is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(e) Repayment of Amounts Borrowed From Member Account- If a loan is issued to a member under section 8433(g) of title 5 from funds in the member's account in the Thrift Savings Plan, repayment of the loan may be required on the same semi-monthly basis as authorized for contributions to the Thrift Savings Fund on behalf of the member under section 1014(c) of this title.'.CommentsClose CommentsPermalink
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 610. CORRECTION OF LAPSED AUTHORITIES FOR PAYMENT OF BONUSES, SPECIAL PAYS, AND SIMILAR BENEFITS FOR MEMBERS OF THE UNIFORMED SERVICES.
(a) Retroactive Effective Date for Payment Authorities- The amendments made by sections 611, 612, 613, and 614 shall take effect as of December 31, 2007.CommentsClose CommentsPermalink
(b) Ratification of Existing Contingent Agreements- In the case of a provision of title 10 or 37, United States Code, amended by section 611, 612, 613, or 614 under which an individual must enter into an agreement with the Secretary concerned for receipt of a bonus, special pay, or similar benefit, the Secretary concerned may treat any agreement entered into under such a provision during the period beginning on January 1, 2008, and ending on the date of the enactment of this Act as having taken effect as of the date on which the agreement was signed by the individual.CommentsClose CommentsPermalink
(c) Temporary Additional Agreement Authority-CommentsClose CommentsPermalink
(1) AUTHORITY- In the case of a provision of title 10 or 37, United States Code, amended by section 611, 612, 613, or 614 under which an individual must enter into an agreement with the Secretary concerned for receipt of a bonus, special pay, or similar benefit, the Secretary concerned, during the 120-day period beginning on the date of the enactment of this Act, may treat any agreement entered into under such a provision by an individual described in paragraph (2) as having been signed by the individual during the period beginning on January 1, 2008, and ending on the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) COVERED INDIVIDUALS- An individual referred to in paragraph (1) is an individual who would have met all of the qualifications for a bonus, special pay, or similar benefit under a provision of title 10 or 37, United States Code, amended by section 611, 612, 613, or 614 at any time during the period beginning on January 1, 2008, and ending on the date of the enactment of this Act, but for the fact that the statutory authority for the bonus, special pay, or similar benefit lapsed on December 31, 2007.CommentsClose CommentsPermalink
(d) Tax Treatment- The payment of a bonus, special pay, or similar benefit under a provision of title 10 or 37, United States Code, amended by section 611, 612, 613, or 614 to an individual who would have been entitled to the tax treatment accorded by section 112 of the Internal Revenue Code of 1986 on the date on which the member would have otherwise earned the bonus, special pay, or similar benefit, but for the fact that the statutory authority for the bonus, special pay, or similar benefit lapsed on December 31, 2007, shall be treated as covered by such section 112.CommentsClose CommentsPermalink
(e) Retroactive Implementation of Army Referral Bonus- The Secretary of the Army may pay a bonus under
(f) Secretary Concerned Defined- In this section, the term `Secretary concerned' has the meaning given that term in
SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR RESERVE FORCES.
(a) Selected Reserve Reenlistment Bonus-
(b) Selected Reserve Affiliation or Enlistment Bonus- Section 308c(i) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
(c) Special Pay for Enlisted Members Assigned to Certain High Priority Units- Section 308d(c) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
(d) Ready Reserve Enlistment Bonus for Persons Without Prior Service- Section 308g(f)(2) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
(e) Ready Reserve Enlistment and Reenlistment Bonus for Persons With Prior Service- Section 308h(e) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
(f) Selected Reserve Enlistment Bonus for Persons With Prior Service- Section 308i(f) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program-
(b) Repayment of Education Loans for Certain Health Professionals Who Serve in the Selected Reserve- Section 16302(d) of such title is amended by striking `January 1, 2008' and inserting `January 1, 2009'.CommentsClose CommentsPermalink
(c) Accession Bonus for Registered Nurses-
(d) Incentive Special Pay for Nurse Anesthetists- Section 302e(a)(1) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
(e) Special Pay for Selected Reserve Health Professionals in Critically Short Wartime Specialties- Section 302g(e) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
(f) Accession Bonus for Dental Officers- Section 302h(a)(1) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
(g) Accession Bonus for Pharmacy Officers- Section 302j(a) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
(h) Accession Bonus for Medical Officers in Critically Short Wartime Specialties- Section 302k(f) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
(i) Accession Bonus for Dental Specialist Officers in Critically Short Wartime Specialties- Section 302l(g) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR NUCLEAR OFFICERS.
(a) Special Pay for Nuclear-Qualified Officers Extending Period of Active Service-
(b) Nuclear Career Accession Bonus- Section 312b(c) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
(c) Nuclear Career Annual Incentive Bonus- Section 312c(d) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER BONUSES AND SPECIAL PAYS.
(a) Aviation Officer Retention Bonus-
(b) Reenlistment Bonus for Active Members- Section 308(g) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
(c) Enlistment Bonus- Section 309(e) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
(d) Retention Bonus for Members With Critical Military Skills or Assigned to High Priority Units- Section 323(i) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
(e) Accession Bonus for New Officers in Critical Skills- Section 324(g) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
(f) Incentive Bonus for Conversion to Military Occupational Specialty to Ease Personnel Shortage- Section 326(g) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
(g) Accession Bonus for Officer Candidates- Section 330(f) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
(h) Prohibition on Charges for Meals Received at Military Treatment Facilities by Members Receiving Continuous Care- Section 402(h)(3) of such title is amended by striking `December 31, 2007' and inserting `December 31, 2008'.CommentsClose CommentsPermalink
SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY AND MULTIYEAR RETENTION BONUS FOR MEDICAL OFFICERS.
(a) Incentive Special Pay-
(b) Multiyear Retention Bonus-
(c) Effective Date- The amendments made by this section shall apply with respect to agreements entered into under section 301d(a) or 302b(c) of title 37, United States Code, on or after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 616. INCREASE IN DENTAL OFFICER ADDITIONAL SPECIAL PAY.
(a) Increase-
(1) in the matter preceding subparagraph (A), by striking `at the following rates' and inserting `at a rate determined by the Secretary concerned, which rate may not exceed the following';CommentsClose CommentsPermalink
(2) in subparagraph (A), by striking `$4,000' and inserting `$10,000'; andCommentsClose CommentsPermalink
(3) in subparagraph (B), by striking `$6,000' and inserting `$12,000'.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by this section shall apply with respect to agreements entered into under
SEC. 617. INCREASE IN MAXIMUM MONTHLY RATE OF HARDSHIP DUTY PAY AND AUTHORITY TO PROVIDE HARDSHIP DUTY PAY IN A LUMP SUM.
`Sec. 305. Special pay: hardship duty pay
`(a) Special Pay Authorized- A member of a uniformed service who is entitled to basic pay may be paid special pay under this section while the member is performing duty that is designated by the Secretary of Defense as hardship duty.CommentsClose CommentsPermalink
`(b) Payment on Monthly or Lump Sum Basis- Special pay payable under this section may be paid on a monthly basis or in a lump sum.CommentsClose CommentsPermalink
`(c) Maximum Rate or Amount- (1) The monthly rate of special pay payable to a member under this section may not exceed $1,500.CommentsClose CommentsPermalink
`(2) The amount of the lump sum payment of special pay payable to a member under this section may not exceed the product of--CommentsClose CommentsPermalink
`(A) the maximum monthly rate in effect under paragraph (1) at the time the member qualifies for payment of special pay under this section; andCommentsClose CommentsPermalink
`(B) the number of months during which the member will be performing the designated hardship duty.CommentsClose CommentsPermalink
`(d) Relationship to Other Pay and Allowances- Special pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.CommentsClose CommentsPermalink
`(e) Repayment- A member who is paid special pay in a lump sum under this section, but who fails to perform the designated hardship duty during the months included in the calculation of the amount of the lump sum under subsection (c)(2), shall be subject to the repayment provisions of section 303a(e) of this title.CommentsClose CommentsPermalink
`(f) Regulations- The Secretary of Defense shall prescribe regulations for the payment of hardship duty pay under this section, including the specific monthly rates at which the special pay will be available.'.CommentsClose CommentsPermalink
SEC. 618. DEFINITION OF SEA DUTY FOR CAREER SEA PAY TO INCLUDE SERVICE AS OFF-CYCLE CREWMEMBERS OF MULTI-CREW SHIPS.
(1) by striking `or' at the end of clause (ii); andCommentsClose CommentsPermalink
(2) by adding at the end the following new clause:CommentsClose CommentsPermalink
`(iv) while serving as an off-cycle crewmember of a multi-crewed ship; or'.CommentsClose CommentsPermalink
SEC. 619. REENLISTMENT BONUS FOR MEMBERS OF THE SELECTED RESERVE.
(a) Minimum Term of Reenlistment or Enlistment Extension- Subsection (a)(2) of 308b of title 37, United States Code, is amended by striking `his enlistment for a period of three years or for a period of six years' and inserting `an enlistment for a period of at least three years'.CommentsClose CommentsPermalink
(b) Maximum Bonus Amount- Subsection (b)(1) of such section is amended by striking `may not exceed' and all that follows through the end of the paragraph and inserting `may not exceed $15,000.'.CommentsClose CommentsPermalink
(c) Conforming Amendments Regarding Eligibility Requirements- Subsection (c) of such section is amended--CommentsClose CommentsPermalink
(1) by striking the subsection heading and all that follows through `(2) In the case' and inserting `Waiver of Condition on Eligibility- In the case'; andCommentsClose CommentsPermalink
(2) by striking `paragraph (1)(B) or'.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section shall apply with respect to reenlistments or extensions of enlistment that occur on or after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 620. AVAILABILITY OF SELECTED RESERVE ACCESSION BONUS FOR PERSONS WHO PREVIOUSLY SERVED IN THE ARMED FORCES FOR A SHORT PERIOD.
SEC. 621. AVAILABILITY OF NUCLEAR OFFICER CONTINUATION PAY FOR OFFICERS WITH MORE THAN 26 YEARS OF COMMISSIONED SERVICE.
(a) Increase-
(1) in subsection (a)(3), by striking `26 years' and inserting `30 years'; andCommentsClose CommentsPermalink
(2) in subsection (e)(1), by striking `the end of 26 years of commissioned service' and inserting `the maximum number of years of commissioned service authorized by subsection (a)(3)'.CommentsClose CommentsPermalink
(b) Effect on Existing Agreements- The Secretary of the Navy and an officer of the naval service who is a party to an agreement under
SEC. 622. WAIVER OF YEARS-OF-SERVICE LIMITATION ON RECEIPT OF CRITICAL SKILLS RETENTION BONUS.
`(4) The Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may waive the limitations in paragraph (1) with respect to a member who, during the period of active duty or service in an active status in a reserve component for which the bonus is being offered, is assigned duties in a skill designated as critical under subsection (b)(1). The authority to grant a waiver under this paragraph may not be delegated below the Under Secretary of Defense for Personnel and Readiness or the Deputy Secretary of the Department of Homeland Security.'.CommentsClose CommentsPermalink
SEC. 623. ACCESSION BONUS FOR PARTICIPANTS IN THE ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.
(a) Accession Bonus Authorized- Subchapter I of chapter 105 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 2128. Accession bonus for members of the program
`(a) Availability of Bonus- The Secretary of Defense may offer a person who enters into an agreement under section 2122(a)(2) of this title an accession bonus of not more than $20,000 as part of the agreement.CommentsClose CommentsPermalink
`(b) Relation to Other Payments- An accession bonus paid a person under this section is in addition to any other amounts payable to the person under this subchapter.CommentsClose CommentsPermalink
`(c) Repayment- A person who receives an accession bonus under this section, but fails to comply with the agreement under section 2122(a)(2) of this title or to commence or complete the active duty obligation imposed by section 2123 of this title, shall be subject to the repayment provisions of section 303a(e) of title 37.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`2128. Accession bonus for members of the program.'.CommentsClose CommentsPermalink
(c) Effective Date- The amendment made by subsection (a) shall apply with respect to agreements entered into under
SEC. 624. PAYMENT OF ASSIGNMENT INCENTIVE PAY FOR RESERVE MEMBERS SERVING IN COMBAT ZONE FOR MORE THAN 22 MONTHS.
(a) Payment- The Secretary of a military department may pay assignment incentive pay under
(b) Eligibility Period- The eligibility period for a member extends from January 1, 2005, through the end of the active duty service of the member in a combat zone associated with Operating Enduring Freedom or Operation Iraqi Freedom if the service on active duty during the member's most recent period of mobilization to active duty began before January 19, 2007.CommentsClose CommentsPermalink
(c) Amount of Payment- The monthly rate of incentive pay payable to a member under this section is $1,000.CommentsClose CommentsPermalink
(d) Qualifying Service- For purposes of this section, qualifying service includes cumulative mobilized service on active duty under sections 12301(d), 12302, and 12304 of title 10, United States Code, during the period beginning on January 1, 2003, through the end of the member's active duty service during the member's most recent period of mobilization to active duty beginning before January 19, 2007.CommentsClose CommentsPermalink
Subtitle C--Travel and Transportation Allowances
SEC. 631. PAYMENT OF INACTIVE DUTY TRAINING TRAVEL COSTS FOR CERTAIN SELECTED RESERVE MEMBERS.
(a) Payment of Travel Costs Authorized-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 7 of title 37, United States Code, is amended by inserting after section 408 the following new section:CommentsClose CommentsPermalink
`Sec. 408a. Travel and transportation allowances: inactive duty training outside of normal commuting distances
`(a) Allowance Authorized- The Secretary concerned may reimburse an eligible member of the Selected Reserve of the Ready Reserve for travel expenses for travel to an inactive duty training location to perform inactive duty training when the member is required to commute a distance from the member's permanent residence to the inactive duty training location that is outside the normal commuting distance (as determined under the regulations prescribed under subsection (d)) for that commute.CommentsClose CommentsPermalink
`(b) Eligible Members- To be eligible for reimbursement under subsection (a), a member of the Selected Reserve of the Ready Reserve must be--CommentsClose CommentsPermalink
`(1) qualified in a skill designated as critically short by the Secretary concerned;CommentsClose CommentsPermalink
`(2) assigned to a unit of the Selected Reserve with a critical manpower shortage or in a pay grade in the member's reserve component with a critical manpower shortage; orCommentsClose CommentsPermalink
`(3) assigned to a unit or position that is disestablished or relocated as a result of defense base closure or realignment or another force structure reallocation.CommentsClose CommentsPermalink
`(c) Maximum Reimbursement Amount- The amount of reimbursement provided a member under subsection (a) for each round trip to a training location may not exceed $300.CommentsClose CommentsPermalink
`(d) Regulations- The Secretary concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department shall be subject to the approval of the Secretary of Defense.CommentsClose CommentsPermalink
`(e) Termination- No reimbursement may be provided under this section for travel that occurs after December 31, 2010.'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 408 the following new item:CommentsClose CommentsPermalink
`408a. Travel and transportation allowances: inactive duty training outside of normal commuting distances.'.CommentsClose CommentsPermalink
(b) Application of Amendment- No reimbursement may be provided under
SEC. 632. SURVIVORS OF DECEASED MEMBERS ELIGIBLE FOR TRANSPORTATION TO ATTEND BURIAL CEREMONIES.
(a) Eligible Relatives- Paragraph (1) of
(1) by striking subparagraph (B) and inserting the following new subparagraph:CommentsClose CommentsPermalink
`(B) The child or children of the deceased member (including stepchildren, adopted children, and illegitimate children).'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subparagraphs:CommentsClose CommentsPermalink
`(D) The sibling or siblings of the deceased member.CommentsClose CommentsPermalink
`(E) The person who directs the disposition of the remains of the deceased member under section 1482(c) of title 10 or, in the case of a deceased member whose remains are commingled and buried in a common grave in a national cemetery, the person who would have been designated under such section to direct the disposition of the remains if individual identification had been made.'.CommentsClose CommentsPermalink
(b) Other Persons- Paragraph (2) of such section is amended to read as follows:CommentsClose CommentsPermalink
`(2) If no person described in subparagraphs (A) through (D) of paragraph (1) is provided travel and transportation allowances under subsection (a)(1), the travel and transportation allowances may be provided to one or two other persons who are closely related to the deceased member and are selected by the person referred to in paragraph (1)(E). A person provided travel and transportation allowances under this paragraph is in addition to the person referred to in paragraph (1)(E).'.CommentsClose CommentsPermalink
SEC. 633. ALLOWANCE FOR PARTICIPATION OF RESERVES IN ELECTRONIC SCREENING.
(a) Allowance for Participation in Electronic Screening-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 7 of title 37, United States Code, is amended by inserting after section 433 the following new section:CommentsClose CommentsPermalink
`Sec. 433a. Allowance for participation in Ready Reserve screening
`(a) Allowance Authorized- (1) Under regulations prescribed by the Secretaries concerned, a member of the Individual Ready Reserve may be paid a stipend for participation in the screening performed pursuant to section 10149 of title 10, in lieu of muster duty performed under section 12319 of title 10, if such participation is conducted through electronic means.CommentsClose CommentsPermalink
`(2) The stipend paid a member under this section shall constitute the sole monetary allowance authorized for participation in the screening described in paragraph (1), and shall constitute payment in full to the member for participation in such screening, regardless of the grade or rank in which the member is serving.CommentsClose CommentsPermalink
`(b) Maximum Payment- The aggregate amount of the stipend paid a member of the Individual Ready Reserve under this section in any calendar year may not exceed $50.CommentsClose CommentsPermalink
`(c) Payment Requirements- (1) The stipend authorized by this section may not be disbursed in kind.CommentsClose CommentsPermalink
`(2) Payment of a stipend to a member of the Individual Ready Reserve under this section for participation in screening shall be made on or after the date of participation in such screening, but not later than 30 days after such date.'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 433 the following new item:CommentsClose CommentsPermalink
`433a. Allowance for participation in Ready Reserve screening.'.CommentsClose CommentsPermalink
(b) Bar to Dual Compensation- Section 206 of such title is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(f) A member of the Individual Ready Reserve is not entitled to compensation under this section for participation in screening for which the member is paid a stipend under section 433a of this title.'.CommentsClose CommentsPermalink
(c) Bar to Retirement Credit-
`(8) Service in the screening performed pursuant to section 10149 of this title through electronic means, regardless of whether or not a stipend is paid the member concerned for such service under section 433a of title 37.'.CommentsClose CommentsPermalink
SEC. 634. ALLOWANCE FOR CIVILIAN CLOTHING FOR MEMBERS OF THE ARMED FORCES TRAVELING IN CONNECTION WITH MEDICAL EVACUATION.
SEC. 635. PAYMENT OF MOVING EXPENSES FOR JUNIOR RESERVE OFFICERS' TRAINING CORPS INSTRUCTORS IN HARD-TO-FILL POSITIONS.
`(f)(1) When determined by the Secretary of the military department concerned to be in the national interest and agreed upon by the institution concerned, the institution may reimburse a Junior Reserve Officers' Training Corps instructor for moving expenses incurred by the instructor to accept employment at the institution in a position that the Secretary concerned determines is hard-to-fill for geographic or economic reasons.CommentsClose CommentsPermalink
`(2) As a condition on providing reimbursement under paragraph (1), the institution shall require the instructor to execute a written agreement to serve a minimum of two years of employment at the institution in the hard-to-fill position.CommentsClose CommentsPermalink
`(3) Any reimbursement provided to an instructor under paragraph (1) is in addition to the minimum instructor pay otherwise payable to the instructor.CommentsClose CommentsPermalink
`(4) The Secretary concerned shall reimburse an institution providing reimbursement to an instructor under paragraph (1) in an amount equal to the amount of the reimbursement paid by the institution under that paragraph. Any reimbursement provided by the Secretary concerned shall be provided from funds appropriated for that purpose.CommentsClose CommentsPermalink
`(5) The provision of reimbursement under paragraph (1) or (4) shall be subject to regulations prescribed by the Secretary of Defense for purposes of this subsection.'.CommentsClose CommentsPermalink
Subtitle D--Retired Pay and Survivor Benefits
SEC. 641. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION ELIGIBILITY.
(a) Expanded Eligibility for Chapter 61 Military Retirees- Subsection (c) of
`(1) is entitled to retired pay (other than by reason of section 12731b of this title); andCommentsClose CommentsPermalink
`(2) has a combat-related disability.'.CommentsClose CommentsPermalink
(b) Computation- Paragraph (3) of subsection (b) of such section is amended--CommentsClose CommentsPermalink
(1) by striking `In the case of' and inserting the following:CommentsClose CommentsPermalink
`(A) GENERAL RULE- In the case of'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(B) SPECIAL RULE FOR RETIREES WITH FEWER THAN 20 YEARS OF SERVICE- In the case of an eligible combat-related disabled uniformed services retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service, the amount of the payment under paragraph (1) for any month shall be reduced by the amount (if any) by which the amount of the member's retired pay under chapter 61 of this title exceeds the amount equal to 2 1/2 percent of the member's years of creditable service multiplied by the member's retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.'.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall take effect on January 1, 2008, and shall apply to payments for months beginning on or after that date.CommentsClose CommentsPermalink
SEC. 642. INCLUSION OF VETERANS WITH SERVICE-CONNECTED DISABILITIES RATED AS TOTAL BY REASON OF UNEMPLOYABILITY UNDER TERMINATION OF PHASE-IN OF CONCURRENT RECEIPT OF RETIRED PAY AND VETERANS' DISABILITY COMPENSATION.
(a) Inclusion of Veterans-
`(A) A qualified retiree receiving veterans' disability compensation for a disability rated as 100 percent.CommentsClose CommentsPermalink
`(B) A qualified retiree receiving veterans' disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability.'.CommentsClose CommentsPermalink
(b) Effective Date-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to paragraph (2), the amendment made by subsection (a) shall take effect as of December 31, 2004.CommentsClose CommentsPermalink
(2) TIMING OF PAYMENT OF RETROACTIVE BENEFITS- Any amount payable for a period before October 1, 2008, by reason of the amendment made by subsection (a) shall not be paid until after that date.CommentsClose CommentsPermalink
SEC. 643. RECOUPMENT OF ANNUITY AMOUNTS PREVIOUSLY PAID, BUT SUBJECT TO OFFSET FOR DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Limitation on Recoupment; Notification Requirements-
`(3) LIMITATION ON RECOUPMENT OF OFFSET AMOUNT- Any amount subject to offset under this subsection that was previously paid to the surviving spouse or former spouse shall be recouped only to the extent that the amount paid exceeds any amount to be refunded under subsection (e). In notifying a surviving spouse or former spouse of the recoupment requirement, the Secretary shall provide the spouse or former spouse--CommentsClose CommentsPermalink
`(A) a single notice of the net amount to be recouped or the net amount to be refunded, as applicable, under this subsection or subsection (e);CommentsClose CommentsPermalink
`(B) a written explanation of the statutory requirements for recoupment of the offset amount and for refund of any applicable amount deducted from retired pay;CommentsClose CommentsPermalink
`(C) a detailed accounting of how the offset amount being recouped and retired pay deduction amount being refunded were calculated; andCommentsClose CommentsPermalink
`(D) contact information for a person who can provide information about the offset recoupment and retired pay deduction refund processes and answer questions the surviving spouse or former spouse may have about the requirements, processes, or amounts.'.CommentsClose CommentsPermalink
(b) Application- Paragraph (3) of subsection (c) of
SEC. 644. SPECIAL SURVIVOR INDEMNITY ALLOWANCE FOR PERSONS AFFECTED BY REQUIRED SURVIVOR BENEFIT PLAN ANNUITY OFFSET FOR DEPENDENCY AND INDEMNITY COMPENSATION.
`(m) Special Survivor Indemnity Allowance-CommentsClose CommentsPermalink
`(1) PROVISION OF ALLOWANCE- The Secretary concerned shall pay a monthly special survivor indemnity allowance under this subsection to the surviving spouse or former spouse of a member of the uniformed services to whom section 1448 of this title applies if--CommentsClose CommentsPermalink
`(A) the surviving spouse or former spouse is entitled to dependency and indemnity compensation under section 1311(a) of title 38;CommentsClose CommentsPermalink
`(B) except for subsection (c) of this section, the surviving spouse or former spouse is eligible for an annuity by reason of a participant in the Plan under section 1448(a)(1) of this title; andCommentsClose CommentsPermalink
`(C) the eligibility of the surviving spouse or former spouse for an annuity as described in subparagraph (B) is affected by subsection (c) of this section.CommentsClose CommentsPermalink
`(2) AMOUNT OF PAYMENT- Subject to paragraph (3), the amount of the allowance paid to an eligible survivor under paragraph (1) for a month shall be equal to--CommentsClose CommentsPermalink
`(A) for months during fiscal year 2009, $50;CommentsClose CommentsPermalink
`(B) for months during fiscal year 2010, $60;CommentsClose CommentsPermalink
`(C) for months during fiscal year 2011, $70;CommentsClose CommentsPermalink
`(D) for months during fiscal year 2012, $80;CommentsClose CommentsPermalink
`(E) for months during fiscal year 2013, $90; andCommentsClose CommentsPermalink
`(F) for months after fiscal year 2013, $100.CommentsClose CommentsPermalink
`(3) LIMITATION- The amount of the allowance paid to an eligible survivor under paragraph (1) for any month may not exceed the amount of the annuity for that month that is subject to offset under subsection (c).CommentsClose CommentsPermalink
`(4) STATUS OF PAYMENTS- An allowance paid under this subsection does not constitute an annuity, and amounts so paid are not subject to adjustment under any other provision of law.CommentsClose CommentsPermalink
`(5) SOURCE OF FUNDS- The special survivor indemnity allowance shall be paid from amounts in the Department of Defense Military Retirement Fund established under section 1461 of this title.CommentsClose CommentsPermalink
`(6) EFFECTIVE DATE AND DURATION- This subsection shall only apply with respect to the month beginning on October 1, 2008, and subsequent months through the month ending on February 28, 2016. Effective on March 1, 2016, the authority provided by this subsection shall terminate. No special survivor indemnity allowance may be paid to any person by reason of this subsection for any period before October 1, 2008, or beginning on or after March 1, 2016.'.CommentsClose CommentsPermalink
SEC. 645. MODIFICATION OF AUTHORITY OF MEMBERS OF THE ARMED FORCES TO DESIGNATE RECIPIENTS FOR PAYMENT OF DEATH GRATUITY.
(a) Authority to Designate Recipients-
(1) by striking subsections (c) and (d);CommentsClose CommentsPermalink
(2) by redesignating subsection (b) as subsection (d) and, in such subsection, by striking `Subsection (a)(2)' and inserting `Treatment of Children- Subsection (b)(2)'; andCommentsClose CommentsPermalink
(3) by striking subsection (a) and inserting the following new subsections:CommentsClose CommentsPermalink
`(a) Designation of Recipients- (1) On and after July 1, 2008, or such earlier date as the Secretary of Defense may prescribe, a person covered by section 1475 or 1476 of this title may designate one or more persons to receive all or a portion of the amount payable under section 1478 of this title. The designation of a person to receive a portion of the amount shall indicate the percentage of the amount, to be specified only in 10 percent increments, that the designated person may receive. The balance of the amount of the death gratuity, if any, shall be paid in accordance with subsection (b).CommentsClose CommentsPermalink
`(2) If a person covered by section 1475 or 1476 of this title has a spouse, but designates a person other than the spouse to receive all or a portion of the amount payable under section 1478 of this title, the Secretary concerned shall provide notice of the designation to the spouse.CommentsClose CommentsPermalink
`(b) Distribution of Remainder; Distribution in Absence of Designated Recipient- If a person covered by section 1475 or 1476 of this title does not make a designation under subsection (a) or designates only a portion of the amount payable under section 1478 of this title, the amount of the death gratuity not covered by a designation shall be paid as follows:CommentsClose CommentsPermalink
`(1) To the surviving spouse of the person, if any.CommentsClose CommentsPermalink
`(2) If there is no surviving spouse, to any surviving children (as prescribed by subsection (d)) of the person and the descendants of any deceased children by representation.CommentsClose CommentsPermalink
`(3) If there is none of the above, to the surviving parents (as prescribed by subsection (c)) of the person or the survivor of them.CommentsClose CommentsPermalink
`(4) If there is none of the above, to the duly-appointed executor or administrator of the estate of the person.CommentsClose CommentsPermalink
`(5) If there is none of the above, to other next of kin of the person entitled under the laws of domicile of the person at the time of the person's death.CommentsClose CommentsPermalink
`(c) Treatment of Parents- For purposes of subsection (b)(3), parents include fathers and mothers through adoption. However, only one father and one mother may be recognized in any case, and preference shall be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the decedent entered a status described in section 1475 or 1476 of this title.'.CommentsClose CommentsPermalink
(b) Clerical and Conforming Amendments- Subsection (e) of such section is amended--CommentsClose CommentsPermalink
(1) by inserting `Effect of Death Before Receipt of Gratuity- ' after `(e)';CommentsClose CommentsPermalink
(2) by striking `subsection (a) or (d)' and inserting `subsection (a) or (b)'; andCommentsClose CommentsPermalink
(3) by striking `subsection (a).' and inserting `subsection (b)'.CommentsClose CommentsPermalink
(c) Existing Designation Authority- The authority provided by subsection (d) of
(d) Regulations-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than April 1, 2008, the Secretary of Defense shall prescribe regulations to implement the amendments to
(2) ELEMENTS- The regulations required by paragraph (1) shall include forms for the making of the designation contemplated by subsection (a) of
SEC. 646. CLARIFICATION OF APPLICATION OF RETIRED PAY MULTIPLIER PERCENTAGE TO MEMBERS OF THE UNIFORMED SERVICES WITH OVER 30 YEARS OF SERVICE.
(a) Computation of Retired and Retainer Pay for Members of Naval Service- The table in
(b) Retired Pay for Certain Members Recalled to Active Duty- The table in section 1402(a) of such title is amended by striking Column 3.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by subsections (a) and (b) shall take effect as of January 1, 2007, and shall apply with respect to retired pay and retainer pay payable on or after that date.CommentsClose CommentsPermalink
SEC. 647. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE RETIRED PAY BY MEMBERS OF THE READY RESERVE ON ACTIVE FEDERAL STATUS OR ACTIVE DUTY FOR SIGNIFICANT PERIODS.
(a) Reduced Eligibility Age-
(1) in subsection (a), by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink
`(1) has attained the eligibility age applicable under subsection (f) to that person;'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(f)(1) Subject to paragraph (2), the eligibility age for purposes of subsection (a)(1) is 60 years of age.CommentsClose CommentsPermalink
`(2)(A) In the case of a person who as a member of the Ready Reserve serves on active duty or performs active service described in subparagraph (B) after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008, the eligibility age for purposes of subsection (a)(1) shall be reduced below 60 years of age by three months for each aggregate of 90 days on which such person so performs in any fiscal year after such date, subject to subparagraph (C). A day of duty may be included in only one aggregate of 90 days for purposes of this subparagraph.CommentsClose CommentsPermalink
`(B)(i) Service on active duty described in this subparagraph is service on active duty pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) or under section 12301(d) of this title. Such service does not include service on active duty pursuant to a call or order to active duty under section 12310 of this title.CommentsClose CommentsPermalink
`(ii) Active service described in this subparagraph is also service under a call to active service authorized by the President or the Secretary of Defense under section 502(f) of title 32 for purposes of responding to a national emergency declared by the President or supported by Federal funds.CommentsClose CommentsPermalink
`(C) The eligibility age for purposes of subsection (a)(1) may not be reduced below 50 years of age for any person under subparagraph (A).'.CommentsClose CommentsPermalink
(b) Continuation of Age 60 as Minimum Age for Eligibility of Non-Regular Service Retirees for Health Care- Section 1074(b) of such title is amended--CommentsClose CommentsPermalink
(1) by inserting `(1)' after `(b)'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(2) Paragraph (1) does not apply to a member or former member entitled to retired pay for non-regular service under chapter 1223 of this title who is under 60 years of age.'.CommentsClose CommentsPermalink
(c) Administration of Related Provisions of Law or Policy- With respect to any provision of law, or of any policy, regulation, or directive of the executive branch that refers to a member or former member of the uniformed services as being eligible for, or entitled to, retired pay under chapter 1223 of title 10, United States Code, but for the fact that the member or former member is under 60 years of age, such provision shall be carried out with respect to that member or former member by substituting for the reference to being 60 years of age a reference to having attained the eligibility age applicable under subsection (f) of
SEC. 648. COMPUTATION OF YEARS OF SERVICE FOR PURPOSES OF RETIRED PAY FOR NON-REGULAR SERVICE.
(1) in subparagraph (B), by striking `and' at the end;CommentsClose CommentsPermalink
(2) in subparagraph (C), by striking the period and inserting `before the year of service that includes October 30, 2007; and'; andCommentsClose CommentsPermalink
(3) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(D) 130 days in the year of service that includes October 30, 2007, and in any subsequent year of service.'.CommentsClose CommentsPermalink
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
SEC. 651. AUTHORITY TO CONTINUE COMMISSARY AND EXCHANGE BENEFITS FOR CERTAIN INVOLUNTARILY SEPARATED MEMBERS OF THE ARMED FORCES.
(a) Resumption for Members Involuntarily Separated From Active Duty-
(1) by inserting `(a) Members Involuntarily Separated From Active Duty- ' before `The Secretary of Defense';CommentsClose CommentsPermalink
(2) in the first sentence, by striking `October 1, 1990, and ending on December 31, 2001' and inserting `October 1, 2007, and ending on December 31, 2012'; andCommentsClose CommentsPermalink
(3) in the second sentence, by striking `the period beginning on October 1, 1994, and ending on December 31, 2001' and inserting `the same period'.CommentsClose CommentsPermalink
(b) Extension to Members Involuntarily Separated From Selected Reserve- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(b) Members Involuntarily Separated From Selected Reserve- The Secretary of Defense shall prescribe regulations to allow a member of the Selected Reserve of the Ready Reserve who is involuntarily separated from the Selected Reserve as a result of the exercise of the force shaping authority of the Secretary concerned under section 647 of this title or other force shaping authority during the period beginning on October 1, 2007, and ending on December 31, 2012, to continue to use commissary and exchange stores during the two-year period beginning on the date of the involuntary separation of the member in the same manner as a member on active duty. The Secretary of Homeland Security shall implement this provision for Coast Guard members involuntarily separated during the same period.'.CommentsClose CommentsPermalink
SEC. 652. AUTHORIZATION OF INSTALLMENT DEDUCTIONS FROM PAY OF EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES TO COLLECT INDEBTEDNESS TO THE UNITED STATES.
(1) in subsection (a)(5), by inserting `any nonappropriated fund instrumentality described in section 2105(c) of this title,' after `Commission,'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(e) An employee of a nonappropriated fund instrumentality described in section 2105(c) of this title is deemed an employee covered by this section.'.CommentsClose CommentsPermalink
Subtitle F--Consolidation of Special Pay, Incentive Pay, and Bonus Authorities
SEC. 661. CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES OF THE UNIFORMED SERVICES.
(a) Consolidation- Chapter 5 of title 37, United States Code, is amended--CommentsClose CommentsPermalink
(1) by inserting before section 301 the following subchapter heading:CommentsClose CommentsPermalink
`SUBCHAPTER I--EXISTING SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES';
andCommentsClose CommentsPermalink
(2) by adding at the end the following new subchapters:CommentsClose CommentsPermalink
`SUBCHAPTER II--CONSOLIDATION OF SPECIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES
`Sec. 331. General bonus authority for enlisted members
`(a) Authority to Provide Bonus- The Secretary concerned may pay a bonus under this section to a person, including a member of the armed forces, who--CommentsClose CommentsPermalink
`(1) enlists in an armed force;CommentsClose CommentsPermalink
`(2) enlists in or affiliates with a reserve component of an armed force;CommentsClose CommentsPermalink
`(3) reenlists, voluntarily extends an enlistment, or otherwise agrees to serve--CommentsClose CommentsPermalink
`(A) for a specified period in a designated career field, skill, or unit of an armed force; orCommentsClose CommentsPermalink
`(B) under other conditions of service in an armed force;CommentsClose CommentsPermalink
`(4) transfers from a regular component of an armed force to a reserve component of that same armed force or from a reserve component of an armed force to the regular component of that same armed force; orCommentsClose CommentsPermalink
`(5) transfers from a regular component or reserve component of an armed force to a regular component or reserve component of another armed force, subject to the approval of the Secretary with jurisdiction over the armed force to which the member is transferring.CommentsClose CommentsPermalink
`(b) Service Eligibility- A bonus authorized by subsection (a) may be paid to a person or member only if the person or member agrees under subsection (d)--CommentsClose CommentsPermalink
`(1) to serve for a specified period in a designated career field, skill, unit, or grade; orCommentsClose CommentsPermalink
`(2) to meet some other condition or conditions of service imposed by the Secretary concerned.CommentsClose CommentsPermalink
`(c) Maximum Amount and Method of Payment-CommentsClose CommentsPermalink
`(1) MAXIMUM AMOUNT- The Secretary concerned shall determine the amount of a bonus to be paid under this section, except that--CommentsClose CommentsPermalink
`(A) a bonus paid under paragraph (1) or (2) of subsection (a) may not exceed $50,000 for a minimum two-year period of obligated service agreed to under subsection (d);CommentsClose CommentsPermalink
`(B) a bonus paid under paragraph (3) of subsection (a) may not exceed $30,000 for each year of obligated service in a regular component agreed to under subsection (d);CommentsClose CommentsPermalink
`(C) a bonus paid under paragraph (3) of subsection (a) may not exceed $15,000 for each year of obligated service in a reserve component agreed to under subsection (d); andCommentsClose CommentsPermalink
`(D) a bonus paid under paragraph (4) or (5) of subsection (a) may not exceed $10,000.CommentsClose CommentsPermalink
`(2) LUMP SUM OR INSTALLMENTS- A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned.CommentsClose CommentsPermalink
`(3) FIXING BONUS AMOUNT- Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed.CommentsClose CommentsPermalink
`(d) Written Agreement- To receive a bonus under this section, a person or member determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies--CommentsClose CommentsPermalink
`(1) the amount of the bonus;CommentsClose CommentsPermalink
`(2) the method of payment of the bonus under subsection (c)(2);CommentsClose CommentsPermalink
`(3) the period of obligated service; andCommentsClose CommentsPermalink
`(4) the type or conditions of the service.CommentsClose CommentsPermalink
`(e) Relationship to Other Pay and Allowances- A bonus paid to a person or member under this section is in addition to any other pay and allowance to which the person or member is entitled.CommentsClose CommentsPermalink
`(f) Relationship to Prohibition on Bounties- A bonus authorized under this section is not a bounty for purposes of section 514(a) of title 10.CommentsClose CommentsPermalink
`(g) Repayment- A person or member who receives a bonus under this section and who fails to complete the period of service, or meet the conditions of service, for which the bonus is paid, as specified in the written agreement under subsection (d), shall be subject to the repayment provisions of section 373 of this title.CommentsClose CommentsPermalink
`(h) Termination of Authority- No agreement may be entered into under this section after December 31, 2009.CommentsClose CommentsPermalink
`Sec. 332. General bonus authority for officers
`(a) Authority To Provide Bonus- The Secretary concerned may pay a bonus under this section to a person, including an officer in the uniformed services, who--CommentsClose CommentsPermalink
`(1) accepts a commission or appointment as an officer in a uniformed service;CommentsClose CommentsPermalink
`(2) affiliates with a reserve component of a uniformed service;CommentsClose CommentsPermalink
`(3) agrees to remain on active duty or to serve in an active status for a specific period as an officer in a uniformed service;CommentsClose CommentsPermalink
`(4) transfers from a regular component of a uniformed service to a reserve component of that same uniformed service or from a reserve component of a uniformed service to the regular component of that same uniformed service; orCommentsClose CommentsPermalink
`(5) transfers from a regular component or reserve component of a uniformed service to a regular component or reserve component of another uniformed service, subject to the approval of the Secretary with jurisdiction over the uniformed service to which the member is transferring.CommentsClose CommentsPermalink
`(b) Service Eligibility- A bonus authorized by subsection (a) may be paid to a person or officer only if the person or officer agrees under subsection (d)--CommentsClose CommentsPermalink
`(1) to serve for a specified period in a designated career field, skill, unit, or grade; orCommentsClose CommentsPermalink
`(2) to meet some other condition or conditions of service imposed by the Secretary concerned.CommentsClose CommentsPermalink
`(c) Maximum Amount and Method of Payment-CommentsClose CommentsPermalink
`(1) MAXIMUM AMOUNT- The Secretary concerned shall determine the amount of a bonus to be paid under this section, except that--CommentsClose CommentsPermalink
`(A) a bonus paid under paragraph (1) of subsection (a) may not exceed $60,000 for a minimum three-year period of obligated service agreed to under subsection (d);CommentsClose CommentsPermalink
`(B) a bonus paid under paragraph (2) of subsection (a) may not exceed $12,000 for a minimum three-year period of obligated service agreed to under subsection (d);CommentsClose CommentsPermalink
`(C) a bonus paid under paragraph (3) of subsection (a) may not exceed $50,000 for each year of obligated service in a regular component agreed to under subsection (d);CommentsClose CommentsPermalink
`(D) a bonus paid under paragraph (3) of subsection (a) may not exceed $12,000 for each year of obligated service in a reserve component agreed to under subsection (d); andCommentsClose CommentsPermalink
`(E) a bonus paid under paragraph (4) or (5) of subsection (a) may not exceed $10,000.CommentsClose CommentsPermalink
`(2) LUMP SUM OR INSTALLMENTS- A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned.CommentsClose CommentsPermalink
`(3) FIXING BONUS AMOUNT- Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed.CommentsClose CommentsPermalink
`(d) Written Agreement- To receive a bonus under this section, a person or officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies--CommentsClose CommentsPermalink
`(1) the amount of the bonus;CommentsClose CommentsPermalink
`(2) the method of payment of the bonus under subsection (c)(2);CommentsClose CommentsPermalink
`(3) the period of obligated service; andCommentsClose CommentsPermalink
`(4) the type or conditions of the service.CommentsClose CommentsPermalink
`(e) Relationship to Other Pay and Allowances- The bonus paid to a person or officer under this section is in addition to any other pay and allowance to which the person or officer is entitled.CommentsClose CommentsPermalink
`(f) Repayment- A person or officer who receives a bonus under this section and who fails to complete the period of service, or meet the conditions of service, for which the bonus is paid, as specified in the written agreement under subsection (d), shall be subject to the repayment provisions of section 373 of this title.CommentsClose CommentsPermalink
`(g) Termination of Authority- No agreement may be entered into under this section after December 31, 2009.CommentsClose CommentsPermalink
`Sec. 333. Special bonus and incentive pay authorities for nuclear officers
`(a) Nuclear Officer Bonus- The Secretary of the Navy may pay a nuclear officer bonus under this section to a person, including an officer in the Navy, who--CommentsClose CommentsPermalink
`(1) is selected for the officer naval nuclear power training program in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants and agrees to serve, upon completion of such training, on active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants; orCommentsClose CommentsPermalink
`(2) has the current technical and operational qualification for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants and agrees to remain on active duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants.CommentsClose CommentsPermalink
`(b) Nuclear Officer Incentive Pay- The Secretary of the Navy may pay nuclear officer incentive pay under this section to an officer in the Navy who--CommentsClose CommentsPermalink
`(1) is entitled to basic pay under section 204 of this title; andCommentsClose CommentsPermalink
`(2) remains on active duty for a specified period while maintaining current technical and operational qualifications, as approved by the Secretary, for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants.CommentsClose CommentsPermalink
`(c) Additional Eligibility Criteria- The Secretary of the Navy may impose such additional criteria for the receipt of a nuclear officer bonus or nuclear officer incentive pay under this section as the Secretary determines to be appropriate.CommentsClose CommentsPermalink
`(d) Maximum Amount and Method of Payment-CommentsClose CommentsPermalink
`(1) MAXIMUM AMOUNT- The Secretary of the Navy shall determine the amounts of a nuclear officer bonus or nuclear officer incentive pay to be paid under this section, except that--CommentsClose CommentsPermalink
`(A) a nuclear officer bonus paid under subsection (a) may not exceed $35,000 for each 12-month period of the agreement under subsection (e); andCommentsClose CommentsPermalink
`(B) the amount of nuclear officer incentive paid under subsection (b) may not exceed $25,000 for each 12-month period of qualifying service.CommentsClose CommentsPermalink
`(2) LUMP SUM OR INSTALLMENTS- A nuclear officer bonus or nuclear officer incentive pay under this section may be paid in a lump sum or in periodic installments.CommentsClose CommentsPermalink
`(3) FIXING BONUS AMOUNT- Upon acceptance by the Secretary concerned of the written agreement required by subsection (e), the total amount of the nuclear officer bonus to be paid under the agreement shall be fixed.CommentsClose CommentsPermalink
`(e) Written Agreement for Bonus-CommentsClose CommentsPermalink
`(1) AGREEMENT REQUIRED- To receive a nuclear officer bonus under subsection (a), a person or officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary of the Navy that specifies--CommentsClose CommentsPermalink
`(A) the amount of the bonus;CommentsClose CommentsPermalink
`(B) the method of payment of the bonus under subsection (d)(2);CommentsClose CommentsPermalink
`(C) the period of obligated service; andCommentsClose CommentsPermalink
`(D) the type or conditions of the service.CommentsClose CommentsPermalink
`(2) REPLACEMENT AGREEMENT- An officer who is performing obligated service under an agreement for a nuclear officer bonus may execute a new agreement to replace the existing agreement if the amount to be paid under the new agreement will be higher than the amount to be paid under the existing agreement. The period of the new agreement shall be equal to or exceed the remaining term of the period of the officer's existing agreement. If a new agreement is executed under this paragraph, the existing agreement shall be cancelled, effective on the day before an anniversary date of the existing agreement occurring after the date on which the amount to be paid under this paragraph is increased.CommentsClose CommentsPermalink
`(f) Relationship to Other Pay and Allowances- A nuclear officer bonus or nuclear officer incentive pay paid to a person or officer under this section is in addition to any other pay and allowance to which the person or officer is entitled, except that a person or officer may not receive a payment under this section and section 332 or 353 of this title for the same skill and period of service.CommentsClose CommentsPermalink
`(g) Repayment- A person or officer who receives a nuclear officer bonus or nuclear officer incentive pay under this section and who fails to complete the officer naval nuclear power training program, maintain required technical and operational qualifications, complete the period of service, or meet the types or conditions of service for which the bonus or incentive pay is paid, as specified in the written agreement under subsection (e) in the case of a nuclear officer bonus, shall be subject to the repayment provisions of section 373 of this title.CommentsClose CommentsPermalink
`(h) Regulations- This section shall be administered under regulations prescribed by the Secretary of the Navy.CommentsClose CommentsPermalink
`(i) Termination of Authority- No agreement may be entered into under this section after December 31, 2009.CommentsClose CommentsPermalink
`Sec. 334. Special aviation incentive pay and bonus authorities for officers
`(a) Aviation Incentive Pay- The Secretary concerned may pay aviation incentive pay under this section to an officer in a regular or reserve component of a uniformed service who--CommentsClose CommentsPermalink
`(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title;CommentsClose CommentsPermalink
`(2) maintains, or is in training leading to, an aeronautical rating or designation that qualifies the officer to engage in operational flying duty or proficiency flying duty;CommentsClose CommentsPermalink
`(3) engages in, or is in training leading to, frequent and regular performance of operational flying duty or proficiency flying duty;CommentsClose CommentsPermalink
`(4) engages in or remains in aviation service for a specified period; andCommentsClose CommentsPermalink
`(5) meets such other criteria as the Secretary concerned determines appropriate.CommentsClose CommentsPermalink
`(b) Aviation Bonus- The Secretary concerned may pay an aviation bonus under this section to an officer in a regular or reserve component of a uniformed service who--CommentsClose CommentsPermalink
`(1) is entitled to aviation incentive pay under subsection (a);CommentsClose CommentsPermalink
`(2) has completed any active duty service commitment incurred for undergraduate aviator training or is within one year of completing such commitment;CommentsClose CommentsPermalink
`(3) executes a written agreement to remain on active duty in a regular component or to serve in an active status in a reserve component in aviation service for at least one year; andCommentsClose CommentsPermalink
`(4) meets such other criteria as the Secretary concerned determines appropriate.CommentsClose CommentsPermalink
`(c) Maximum Amount and Method of Payment-CommentsClose CommentsPermalink
`(1) MAXIMUM AMOUNT- The Secretary concerned shall determine the amount of a bonus or incentive pay to be paid under this section, except that--CommentsClose CommentsPermalink
`(A) aviation incentive pay under subsection (a) shall be paid at a monthly rate, not to exceed $850 per month; andCommentsClose CommentsPermalink
`(B) an aviation bonus under subsection (b) may not exceed $25,000 for each 12-month period of obligated service agreed to under subsection (d).CommentsClose CommentsPermalink
`(2) LUMP SUM OR INSTALLMENTS- A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned.CommentsClose CommentsPermalink
`(3) FIXING BONUS AMOUNT- Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed.CommentsClose CommentsPermalink
`(d) Written Agreement for Bonus- To receive an aviation officer bonus under this section, an officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies--CommentsClose CommentsPermalink
`(1) the amount of the bonus;CommentsClose CommentsPermalink
`(2) the method of payment of the bonus under subsection (c)(2);CommentsClose CommentsPermalink
`(3) the period of obligated service; andCommentsClose CommentsPermalink
`(4) the type or conditions of the service.CommentsClose CommentsPermalink
`(e) Reserve Component Officers Performing Inactive Duty Training- A reserve component officer who is entitled to compensation under section 206 of this title and who is authorized aviation incentive pay under this section may be paid an amount of incentive pay that is proportionate to the compensation received under section 206 for inactive-duty training.CommentsClose CommentsPermalink
`(f) Relationship to Other Pay and Allowances-CommentsClose CommentsPermalink
`(1) AVIATION INCENTIVE PAY- Aviation incentive pay paid to an officer under subsection (a) shall be in addition to any other pay and allowance to which the officer is entitled, except that an officer may not receive a payment under such subsection and section 351 or 353 of this title for the same skill and period of service.CommentsClose CommentsPermalink
`(2) AVIATION BONUS- An aviation bonus paid to an officer under subsection (b) shall be in addition to any other pay and allowance to which the officer is entitled, except that an officer may not receive a payment under such subsection and section 332 or 353 of this title for the same skill and period of service.CommentsClose CommentsPermalink
`(g) Repayment- An officer who receives aviation incentive pay or an aviation bonus under this section and who fails to fulfill the eligibility requirements for the receipt of the incentive pay or bonus or complete the period of service for which the incentive pay or bonus is paid, as specified in the written agreement under subsection (d) in the case of a bonus, shall be subject to the repayment provisions of section 373 of this title.CommentsClose CommentsPermalink
`(h) Definitions- In this section:CommentsClose CommentsPermalink
`(1) The term `aviation service' means service performed by an officer in a regular or reserve component (except a flight surgeon or other medical officer) while holding an aeronautical rating or designation or while in training to receive an aeronautical rating or designation.CommentsClose CommentsPermalink
`(2) The term `operational flying duty' means flying performed under competent orders by rated or designated regular or reserve component officers while serving in assignments in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying performed by members in training that leads to the award of an aeronautical rating or designation.CommentsClose CommentsPermalink
`(3) The term `proficiency flying duty' means flying performed under competent orders by rated or designated regular or reserve component officers while serving in assignments in which such skills would normally not be maintained in the performance of assigned duties.CommentsClose CommentsPermalink
`(4) The term `officer' includes an individual enlisted and designated as an aviation cadet under section 6911 of title 10.CommentsClose CommentsPermalink
`(i) Termination of Authority- No agreement may be entered into under this section after December 31, 2009.CommentsClose CommentsPermalink
`Sec. 335. Special bonus and incentive pay authorities for officers in health professions
`(a) Health Professions Bonus- The Secretary concerned may pay a health professions bonus under this section to a person, including an officer in the uniformed services, who is a graduate of an accredited school in a health profession and who--CommentsClose CommentsPermalink
`(1) accepts a commission or appointment as an officer in a regular or reserve component of a uniformed service, or affiliates with a reserve component of a uniformed service, and agrees to serve on active duty in a regular component or in an active status in a reserve component in a health profession;CommentsClose CommentsPermalink
`(2) accepts a commission or appointment as an officer and whose health profession specialty is designated by the Secretary of Defense as a critically short wartime specialty; orCommentsClose CommentsPermalink
`(3) agrees to remain on active duty or continue serving in an active status in a reserve component in a health profession.CommentsClose CommentsPermalink
`(b) Health Professions Incentive Pay- The Secretary concerned may pay incentive pay under this section to an officer in a regular or reserve component of a uniformed service who--CommentsClose CommentsPermalink
`(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; andCommentsClose CommentsPermalink
`(2) is serving on active duty or in an active status in a designated health profession specialty or skill.CommentsClose CommentsPermalink
`(c) Board Certification Incentive Pay- The Secretary concerned may pay board certification incentive pay under this section to an officer in a regular or reserve component of a uniformed service who--CommentsClose CommentsPermalink
`(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title;CommentsClose CommentsPermalink
`(2) is board certified in a designated health profession specialty or skill; andCommentsClose CommentsPermalink
`(3) is serving on active duty or in an active status in such designated health profession specialty or skill.CommentsClose CommentsPermalink
`(d) Additional Eligibility Criteria- The Secretary concerned may impose such additional criteria for the receipt of a bonus or incentive pay under this section as the Secretary determines to be appropriate.CommentsClose CommentsPermalink
`(e) Maximum Amount and Method of Payment-CommentsClose CommentsPermalink
`(1) MAXIMUM AMOUNT- The Secretary concerned shall determine the amounts of a bonus or incentive pay to be paid under this section, except that--CommentsClose CommentsPermalink
`(A) a health professions bonus paid under paragraph (1) of subsection (a) may not exceed $30,000 for each 12-month period of obligated service agreed to under subsection (f);CommentsClose CommentsPermalink
`(B) a health professions bonus paid under paragraph (2) of subsection (a) may not exceed $100,000 for each 12-month period of obligated service agreed to under subsection (f);CommentsClose CommentsPermalink
`(C) a health professions bonus paid under paragraph (3) of subsection (a) may not exceed $75,000 for each 12-month period of obligated service agreed to under subsection (f);CommentsClose CommentsPermalink
`(D) health professions incentive pay under subsection (b) may be paid monthly and may not exceed, in any 12-month period--CommentsClose CommentsPermalink
`(i) $100,000 for medical officers and dental surgeons; andCommentsClose CommentsPermalink
`(ii) $15,000 for officers in other health professions; andCommentsClose CommentsPermalink
`(E) board certification incentive pay under subsection (c) may not exceed $6,000 for each 12-month period an officer remains certified in the designated health profession specialty or skill.CommentsClose CommentsPermalink
`(2) LUMP SUM OR INSTALLMENTS- A health professions bonus under subsection (a) may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned. Board certification incentive pay under subsection (c) may be paid monthly, in a lump sum at the beginning of the certification period, or in periodic installments during the certification period, as determined by the Secretary concerned.CommentsClose CommentsPermalink
`(3) FIXING BONUS AMOUNT- Upon acceptance by the Secretary concerned of the written agreement required by subsection (f), the total amount of the health professions bonus to be paid under the agreement shall be fixed.CommentsClose CommentsPermalink
`(f) Written Agreement for Bonus- To receive a bonus under this section, an officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies--CommentsClose CommentsPermalink
`(1) the amount of the bonus;CommentsClose CommentsPermalink
`(2) the method of payment of the bonus under subsection (e)(2);CommentsClose CommentsPermalink
`(3) the period of obligated service;CommentsClose CommentsPermalink
`(4) whether the service will be performed on active duty or in an active status in a reserve component; andCommentsClose CommentsPermalink
`(5) the type or conditions of the service.CommentsClose CommentsPermalink
`(g) Reserve Component Officers- An officer in a reserve component authorized incentive pay under subsection (b) or (c) who is not serving on continuous active duty and is entitled to compensation under section 204 of this title or compensation under section 206 of this title may be paid a monthly amount of incentive pay that is proportionate to the basic pay or compensation received under this title.CommentsClose CommentsPermalink
`(h) Relationship to Other Pay and Allowances-CommentsClose CommentsPermalink
`(1) HEALTH PROFESSIONS BONUS- A bonus paid to a person or officer under subsection (a) shall be in addition to any other pay and allowance to which the person or officer is entitled, except that a person or officer may not receive a payment under such subsection and section 332 of this title for the same period of obligated service.CommentsClose CommentsPermalink
`(2) HEALTH PROFESSIONS INCENTIVE PAY- Incentive pay paid to an officer under subsection (b) shall be in addition to any other pay and allowance to which an officer is entitled, except that an officer may not receive a payment under such subsection and section 353 of this title for the same skill and period of service.CommentsClose CommentsPermalink
`(3) BOARD CERTIFICATION INCENTIVE PAY- Incentive pay paid to an officer under subsection (c) shall be in addition to any other pay and allowance to which an officer is entitled, except that an officer may not receive a payment under such subsection and section 353(b) of this title for the same skill and period of service covered by the certification.CommentsClose CommentsPermalink
`(i) Repayment- An officer who receives a bonus or incentive pay under this section and who fails to fulfill the eligibility requirements for the receipt of the bonus or incentive pay or complete the period of service for which the bonus or incentive pay is paid, as specified in the written agreement under subsection (f) in the case of a bonus, shall be subject to the repayment provisions of section 373 of this title.CommentsClose CommentsPermalink
`(j) Health Profession Defined- In this section, the term `health profession' means the following:CommentsClose CommentsPermalink
`(1) Any health profession performed by officers in the Medical Corps of a uniformed service or by officers designated as a medical officer.CommentsClose CommentsPermalink
`(2) Any health profession performed by officers in the Dental Corps of a uniformed service or by officers designated as a dental officer.CommentsClose CommentsPermalink
`(3) Any health profession performed by officers in the Medical Service Corps of a uniformed service or by officers designated as a medical service officer or biomedical sciences officer.CommentsClose CommentsPermalink
`(4) Any health profession performed by officers in the Medical Specialist Corps of a uniformed service or by officers designated as a medical specialist.CommentsClose CommentsPermalink
`(5) Any health profession performed by officers of the Nurse Corps of a uniformed service or by officers designated as a nurse.CommentsClose CommentsPermalink
`(6) Any health profession performed by officers in the Veterinary Corps of a uniformed service or by officers designated as a veterinary officer.CommentsClose CommentsPermalink
`(7) Any health profession performed by officers designated as a physician assistant.CommentsClose CommentsPermalink
`(8) Any health profession performed by officers in the regular or reserve corps of the Public Health Service.CommentsClose CommentsPermalink
`(k) Termination of Authority- No agreement may be entered into under this section after December 31, 2009.CommentsClose CommentsPermalink
`Sec. 351. Hazardous duty pay
`(a) Hazardous Duty Pay- The Secretary concerned may pay hazardous duty pay under this section to a member of a regular or reserve component of the uniformed services entitled to basic pay under section 204 of this title or compensation under section 206 of this title who--CommentsClose CommentsPermalink
`(1) performs duty in a hostile fire area designated by the Secretary concerned, is exposed to a hostile fire event, explosion of a hostile explosive device, or any other hostile action, or is on duty during a month in an area in which a hostile event occurred which placed the member in grave danger of physical injury;CommentsClose CommentsPermalink
`(2) performs duty designated by the Secretary concerned as hazardous duty based upon the inherent dangers of that duty and risks of physical injury; orCommentsClose CommentsPermalink
`(3) performs duty in a foreign area designated by the Secretary concerned as an area in which the member is subject to imminent danger of physical injury due to threat conditions.CommentsClose CommentsPermalink
`(b) Maximum Amount- The amount of hazardous duty pay paid to a member under subsection (a) shall be based on the type of duty and the area in which the duty is performed, as follows:CommentsClose CommentsPermalink
`(1) In the case of a member who performs duty in a designated hostile fire area, as described in subsection (a)(1), hazardous duty pay may not exceed $450 per month.CommentsClose CommentsPermalink
`(2) In the case of a member who performs a designated hazardous duty, as described in subsection (a)(2), hazardous duty pay may not exceed $250 per month.CommentsClose CommentsPermalink
`(3) In the case of a member who performs duty in a foreign area designated as an imminent danger area, as described in subsection (a)(3), hazardous duty pay may not exceed $250 per month.CommentsClose CommentsPermalink
`(c) Method of Payment- Hazardous duty pay shall be paid on a monthly basis. A member who is eligible for hazardous duty pay by reason of subsection (a) shall receive the full monthly rate of hazardous duty pay authorized by the Secretary concerned under such paragraph, notwithstanding subsection (d).CommentsClose CommentsPermalink
`(d) Reserve Component Members Performing Inactive Duty Training- A member of a reserve component entitled to compensation under section 206 of this title who is authorized hazardous duty pay under this section may be paid an amount of hazardous duty pay that is proportionate to the compensation received by the member under section 206 of this title for inactive-duty training.CommentsClose CommentsPermalink
`(e) Administration and Retroactive Payments- The effective date for the designation of a hostile fire area, as described in paragraph (1) of subsection (a), and for the designation of a foreign area as an imminent danger area, as described in paragraph (3) of such subsection, may be a date that occurs before, on, or after the actual date of the designation by the Secretary concerned.CommentsClose CommentsPermalink
`(f) Determination of Fact- Any determination of fact that is made in administering subsection (a) is conclusive. The determination may not be reviewed by any other officer or agency of the United States unless there has been fraud or gross negligence. However, the Secretary concerned may change the determination on the basis of new evidence or for other good cause. The regulations prescribed to administer this section shall define the activities that are considered hazardous for purposes of subsection (a)(2).CommentsClose CommentsPermalink
`(g) Relationship to Other Pay and Allowances-CommentsClose CommentsPermalink
`(1) IN ADDITION TO OTHER PAY AND ALLOWANCES- A member may be paid hazardous duty pay under this section in addition to any other pay and allowances to which the member is entitled. The regulations prescribed to administer this section shall address dual compensation under this section for multiple circumstances involving performance of a designated hazardous duty, as described in paragraph (2) of subsection (a), or for duty in certain designated areas, as described in paragraph (1) or (3) of such subsection, that is performed by a member during a single month of service.CommentsClose CommentsPermalink
`(2) LIMITATION- A member may not receive hazardous duty pay under this section for a month for more than three qualifying instances described in subsection (a)(2).CommentsClose CommentsPermalink
`(h) Prohibition on Variable Rates- The regulations prescribed to administer this section may not include varied criteria or rates for payment of hazardous duty for officers and enlisted members.CommentsClose CommentsPermalink
`(i) Termination of Authority- No hazardous duty pay under this section may be paid after December 31, 2009.CommentsClose CommentsPermalink
`Sec. 352. Assignment pay or special duty pay
`(a) Assignment or Special Duty Pay Authorized- The Secretary concerned may pay assignment or special duty pay under this section to a member of a regular or reserve component of the uniformed services who--CommentsClose CommentsPermalink
`(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; andCommentsClose CommentsPermalink
`(2) performs duties in an assignment, location, or unit designated by, and under the conditions of service specified by, the Secretary concerned.CommentsClose CommentsPermalink
`(b) Maximum Amount and Method of Payment-CommentsClose CommentsPermalink
`(1) LUMP SUM OR INSTALLMENTS- Assignment or special duty pay under subsection (a) may be paid monthly, in a lump sum, or in periodic installments other than monthly, as determined by the Secretary concerned.CommentsClose CommentsPermalink
`(2) MAXIMUM MONTHLY AMOUNT- The maximum monthly amount of assignment or special duty pay may not exceed $5,000.CommentsClose CommentsPermalink
`(3) MAXIMUM LUMP SUM AMOUNT- The amount of a lump sum payment of assignment or special duty pay payable to a member may not exceed the amount equal to the product of--CommentsClose CommentsPermalink
`(A) the maximum monthly rate authorized under paragraph (2) at the time the member enters into a written agreement under subsection (c); andCommentsClose CommentsPermalink
`(B) the number of continuous months in the period for which assignment or special duty pay will be paid pursuant to the agreement.CommentsClose CommentsPermalink
`(4) MAXIMUM INSTALLMENT AMOUNT- The amount of each installment payment of assignment or special duty pay payable to a member on an installment basis may not exceed the amount equal to--CommentsClose CommentsPermalink
`(A) the product of--CommentsClose CommentsPermalink
`(i) a monthly rate specified in the written agreement entered into under subsection (c), which monthly rate may not exceed the maximum monthly rate authorized under paragraph (2) at the time the member enters into the agreement; andCommentsClose CommentsPermalink
`(ii) the number of continuous months in the period for which the assignment or special duty pay will be paid; divided byCommentsClose CommentsPermalink
`(B) the number of installments over such period.CommentsClose CommentsPermalink
`(5) EFFECT OF EXTENSION- If a member extends an assignment or performance of duty specified in an agreement with the Secretary concerned under subsection (c), assignment or special duty pay for the period of the extension may be paid on a monthly basis, in a lump sum, or in installments, consistent with this subsection.CommentsClose CommentsPermalink
`(c) Written Agreement-CommentsClose CommentsPermalink
`(1) DISCRETIONARY FOR MONTHLY PAYMENTS- The Secretary concerned may require a member to enter into a written agreement with the Secretary in order to qualify for the payment of assignment or special duty pay on a monthly basis. The written agreement shall specify the period for which the assignment or special duty pay will be paid to the member and the monthly rate of the assignment or special duty pay.CommentsClose CommentsPermalink
`(2) REQUIRED FOR LUMP SUM OR INSTALLMENT PAYMENTS- The Secretary concerned shall require a member to enter into a written agreement with the Secretary in order to qualify for payment of assignment or special duty pay on a lump sum or installment basis. The written agreement shall specify the period for which the assignment or special duty pay will be paid to the member and the amount of the lump sum or each periodic installment.CommentsClose CommentsPermalink
`(d) Reserve Component Members Performing Inactive Duty Training- A member of a reserve component entitled to compensation under section 206 of this title who is authorized assignment or special duty pay under this section may be paid an amount of assignment or special duty pay that is proportionate to the compensation received by the member under section 206 of this title for inactive-duty training.CommentsClose CommentsPermalink
`(e) Relationship to Other Pay and Allowances- Assignment or special duty pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.CommentsClose CommentsPermalink
`(f) Repayment- A member who receives assignment or special duty pay under this section and who fails to fulfill the eligibility requirements under subsection (a) for receipt of such pay shall be subject to the repayment provisions of section 373 of this title.CommentsClose CommentsPermalink
`(g) Termination of Authority- No agreement may be entered into under this section after December 31, 2009.CommentsClose CommentsPermalink
`Sec. 353. Skill incentive pay or proficiency bonus
`(a) Skill Incentive Pay- The Secretary concerned may pay a monthly skill incentive pay to a member of a regular or reserve component of the uniformed services who--CommentsClose CommentsPermalink
`(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; andCommentsClose CommentsPermalink
`(2) serves in a career field or skill designated as critical by the Secretary concerned.CommentsClose CommentsPermalink
`(b) Skill Proficiency Bonus- The Secretary concerned may pay a proficiency bonus to a member of a regular or reserve component of the uniformed services who--CommentsClose CommentsPermalink
`(1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; andCommentsClose CommentsPermalink
`(2) is determined to have, and maintains, certified proficiency under subsection (d) in a skill designated as critical by the Secretary concerned.CommentsClose CommentsPermalink
`(c) Maximum Amounts and Methods of Payment-CommentsClose CommentsPermalink
`(1) SKILL INCENTIVE PAY- Skill incentive pay under subsection (a) shall be paid monthly in an amount not to exceed $1,000 per month.CommentsClose CommentsPermalink
`(2) PROFICIENCY BONUS- A proficiency bonus under subsection (b) may be paid in a lump sum at the beginning of the proficiency certification period or in periodic installments during the proficiency certification period. The amount of the bonus may not exceed $12,000 for each 12-month period of certification. The Secretary concerned may not vary the criteria or rates for the proficiency bonus paid for officers and enlisted members.CommentsClose CommentsPermalink
`(d) Certified Proficiency for Proficiency Bonus-CommentsClose CommentsPermalink
`(1) CERTIFICATION REQUIRED- Proficiency in a designated critical skill for purposes of subsection (b) shall be subject to annual certification by the Secretary concerned.CommentsClose CommentsPermalink
`(2) DURATION OF CERTIFICATION- A certification period for purposes of subsection (c)(2) shall expire at the end of the one-year period beginning on the first day of the first month beginning on or after the certification date.CommentsClose CommentsPermalink
`(3) WAIVER- Notwithstanding paragraphs (1) and (2), the regulations prescribed to administer this section shall address the circumstances under which the Secretary concerned may waive the certification requirement under paragraph (1) or extend a certification period under paragraph (2).CommentsClose CommentsPermalink
`(e) Written Agreement-CommentsClose CommentsPermalink
`(1) DISCRETIONARY FOR SKILL INCENTIVE PAY- The Secretary concerned may require a member to enter into a written agreement with the Secretary in order to qualify for the payment of skill incentive pay under subsection (a). The written agreement shall specify the period for which the skill incentive pay will be paid to the member and the monthly rate of the pay.CommentsClose CommentsPermalink
`(2) REQUIRED FOR PROFICIENCY BONUS- The Secretary concerned shall require a member to enter into a written agreement with the Secretary in order to qualify for payment of a proficiency bonus under subsection (b). The written agreement shall specify the amount of the proficiency bonus, the period for which the bonus will be paid, and the initial certification or recertification necessary for payment of the proficiency bonus.CommentsClose CommentsPermalink
`(f) Reserve Component Members Performing Inactive Duty Training-CommentsClose CommentsPermalink
`(1) PRORATION- A member of a reserve component entitled to compensation under section 206 of this title who is authorized skill incentive pay under subsection (a) or a skill proficiency bonus under subsection (b) may be paid an amount of the pay or bonus, as the case may be, that is proportionate to the compensation received by the member under section 206 of this title for inactive-duty training.CommentsClose CommentsPermalink
`(2) EXCEPTION FOR FOREIGN LANGUAGE PROFICIENCY- No reduction in the amount of a skill proficiency bonus may be made under paragraph (1) in the case of a member of a reserve component who is authorized the bonus because of the member's proficiency in a foreign language.CommentsClose CommentsPermalink
`(g) Repayment- A member who receives skill incentive pay or a proficiency bonus under this section and who fails to fulfill the eligibility requirement for receipt of the pay or bonus shall be subject to the repayment provisions of section 373 of this title.CommentsClose CommentsPermalink
`(h) Relationship to Other Pays and Allowances- A member may not be paid more than one pay under this section in any month for the same period of service and skill. A member may be paid skill incentive pay or the proficiency bonus under this section in addition to any other pay and allowances to which the member is entitled, except that a member may not be paid skill incentive pay or a proficiency bonus under this section and hazardous duty pay under section 351 of this title for the same period of service in the same career field or skill.CommentsClose CommentsPermalink
`(i) Termination of Authority- No agreement may be entered into under this section after December 31, 2009.CommentsClose CommentsPermalink
`SUBCHAPTER III--GENERAL PROVISIONS
`Sec. 371. Relationship to other incentives and pays
`(a) Treatment- A bonus or incentive pay paid to a member of the uniformed services under subchapter II is in addition to any other pay and allowance to which a member is entitled, unless otherwise provided under this chapter.CommentsClose CommentsPermalink
`(b) Exception- A member may not receive a bonus or incentive pay under both subchapter I and subchapter II for the same activity, skill, or period of service.CommentsClose CommentsPermalink
`(c) Relationship to Other Computations- The amount of a bonus or incentive pay to which a member is entitled under subchapter II may not be included in computing the amount of--CommentsClose CommentsPermalink
`(1) any increase in pay authorized by any other provision of this title; orCommentsClose CommentsPermalink
`(2) any retired pay, retainer pay, separation pay, or disability severance pay.CommentsClose CommentsPermalink
`Sec. 372. Continuation of pays during hospitalization and rehabilitation resulting from wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action
`(a) Continuation of Pays- If a member of a regular or reserve component of a uniformed service incurs a wound, injury, or illness in the line of duty while serving in a combat operation or a combat zone, while serving in a hostile fire area, or while exposed to a hostile fire event, as described under section 351 of this title, and is hospitalized for treatment of the wound, injury, or illness, the Secretary concerned may continue to pay to the member, notwithstanding any provision of this chapter to the contrary, all pay and allowances (including any bonus, incentive pay, or similar benefit) that were being paid to the member at the time the member incurred the wound, injury, or illness.CommentsClose CommentsPermalink
`(b) Duration- The payment of pay and allowances to a member under subsection (a) may continue until the end of the first month beginning after the earliest of the following dates:CommentsClose CommentsPermalink
`(1) The date on which the member is returned for assignment to other than a medical or patient unit for duty.CommentsClose CommentsPermalink
`(2) One year after the date on which the member is first hospitalized for the treatment of the wound, injury, or illness, except that the Secretary concerned may extend the termination date in six-month increments.CommentsClose CommentsPermalink
`(3) The date on which the member is discharged, separated, or retired (including temporary disability retirement) from the uniformed services.CommentsClose CommentsPermalink
`(c) Bonus, Incentive Pay, or Similar Benefit Defined- In this section, the term `bonus, incentive pay, or similar benefit' means a bonus, incentive pay, special pay, or similar payment paid to a member of the uniformed services under this title or title 10.CommentsClose CommentsPermalink
`Sec. 373. Repayment of unearned portion of bonus, incentive pay, or similar benefit when conditions of payment not met
`(a) Repayment- Except as provided in subsection (b), a member of the uniformed services who is paid a bonus, incentive pay, or similar benefit, the receipt of which is contingent upon the member's satisfaction of certain service or eligibility requirements, shall repay to the United States any unearned portion of the bonus, incentive pay, or similar benefit if the member fails to satisfy any such service or eligibility requirement.CommentsClose CommentsPermalink
`(b) Exceptions- The regulations prescribed to administer this section may specify procedures for determining the circumstances under which an exception to the required repayment may be granted.CommentsClose CommentsPermalink
`(c) Effect of Bankruptcy- An obligation to repay the United States under this section is, for all purposes, a debt owed the United States. A discharge in bankruptcy under title 11 does not discharge a person from such debt if the discharge order is entered less than five years after--CommentsClose CommentsPermalink
`(1) the date of the termination of the agreement or contract on which the debt is based; orCommentsClose CommentsPermalink
`(2) in the absence of such an agreement or contract, the date of the termination of the service on which the debt is based.CommentsClose CommentsPermalink
`(d) Definitions- In this section:CommentsClose CommentsPermalink
`(1) The term `bonus, incentive pay, or similar benefit' means a bonus, incentive pay, special pay, or similar payment, or an educational benefit or stipend, paid to a member of the uniformed services under a provision of law that refers to the repayment requirements of this section or section 303a(e) of this title.CommentsClose CommentsPermalink
`(2) The term `service', as used in subsection (c)(2), refers to an obligation willingly undertaken by a member of the uniformed services, in exchange for a bonus, incentive pay, or similar benefit offered by the Secretary concerned--CommentsClose CommentsPermalink
`(A) to a member in a regular or reserve component who remains on active duty or in an active status;CommentsClose CommentsPermalink
`(B) to perform duty in a specified skill, with or without a specified qualification or credential;CommentsClose CommentsPermalink
`(C) to perform duty in a specified assignment, location or unit; orCommentsClose CommentsPermalink
`(D) to perform duty for a specified period of time.CommentsClose CommentsPermalink
`Sec. 374. Regulations
`This subchapter and subchapter II shall be administered under regulations prescribed by--CommentsClose CommentsPermalink
`(1) the Secretary of Defense, with respect to the armed forces under the jurisdiction of the Secretary of Defense;CommentsClose CommentsPermalink
`(2) the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy;CommentsClose CommentsPermalink
`(3) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; andCommentsClose CommentsPermalink
`(4) the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.'.CommentsClose CommentsPermalink
(b) Transfer of 15-Year Career Status Bonus to Subchapter II-CommentsClose CommentsPermalink
(1) TRANSFER-
(2) CONFORMING AMENDMENT- Subsection (f) of such section, as so transferred and redesignated, is amended by striking `section 303a(e)' and inserting `section 373'.CommentsClose CommentsPermalink
(3) CROSS REFERENCES- Sections 1401a, 1409(b)(2), and 1410 of title 10, United States Code, are amended by striking `section 322' each place it appears and inserting `section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or section 354'.CommentsClose CommentsPermalink
(c) Transfer of Retention Incentives for Members Qualified in Critical Military Skills or Assigned to High Priority Units-CommentsClose CommentsPermalink
(1) TRANSFER-
(2) CONFORMING AMENDMENT- Subsection (g) of such section, as so transferred and redesignated, is amended by striking `section 303a(e)' and inserting `section 373'.CommentsClose CommentsPermalink
(d) Clerical Amendment- The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended to read as follows:CommentsClose CommentsPermalink
`subchapter i--existing special pay, incentive pay, and bonus authorities
`Sec.CommentsClose CommentsPermalink
`301. Incentive pay: hazardous duty.CommentsClose CommentsPermalink
`301a. Incentive pay: aviation career.CommentsClose CommentsPermalink
`301b. Special pay: aviation career officers extending period of active duty.CommentsClose CommentsPermalink
`301c. Incentive pay: submarine duty.CommentsClose CommentsPermalink
`301d. Multiyear retention bonus: medical officers of the armed forces.CommentsClose CommentsPermalink
`301e. Multiyear retention bonus: dental officers of the armed forces.CommentsClose CommentsPermalink
`302. Special pay: medical officers of the armed forces.CommentsClose CommentsPermalink
`302a. Special pay: optometrists.CommentsClose CommentsPermalink
`302b. Special pay: dental officers of the armed forces.CommentsClose CommentsPermalink
`302c. Special pay: psychologists and nonphysician health care providers.CommentsClose CommentsPermalink
`302d. Special pay: accession bonus for registered nurses.CommentsClose CommentsPermalink
`302e. Special pay: nurse anesthetists.CommentsClose CommentsPermalink
`302f. Special pay: reserve, recalled, or retained health care officers.CommentsClose CommentsPermalink
`302g. Special pay: Selected Reserve health care professionals in critically short wartime specialties.CommentsClose CommentsPermalink
`302h. Special pay: accession bonus for dental officers.CommentsClose CommentsPermalink
`302i. Special pay: pharmacy officers.CommentsClose CommentsPermalink
`302j. Special pay: accession bonus for pharmacy officers.CommentsClose CommentsPermalink
`302k. Special pay: accession bonus for medical officers in critically short wartime specialties.CommentsClose CommentsPermalink
`302l. Special pay: accession bonus for dental specialist officers in critically short wartime specialties.CommentsClose CommentsPermalink
`303. Special pay: veterinarians.CommentsClose CommentsPermalink
`303a. Special pay: general provisions.CommentsClose CommentsPermalink
`303b. Waiver of board certification requirements.CommentsClose CommentsPermalink
`304. Special pay: diving duty.CommentsClose CommentsPermalink
`305. Special pay: hardship duty pay.CommentsClose CommentsPermalink
`305a. Special pay: career sea pay.CommentsClose CommentsPermalink
`305b. Special pay: service as member of Weapons of Mass Destruction Civil Support Team.CommentsClose CommentsPermalink
`306. Special pay: officers holding positions of unusual responsibility and of critical nature.CommentsClose CommentsPermalink
`306a. Special pay: members assigned to international military headquarters.CommentsClose CommentsPermalink
`307. Special pay: special duty assignment pay for enlisted members.CommentsClose CommentsPermalink
`307a. Special pay: assignment incentive pay.CommentsClose CommentsPermalink
`308. Special pay: reenlistment bonus.CommentsClose CommentsPermalink
`308b. Special pay: reenlistment bonus for members of the Selected Reserve.CommentsClose CommentsPermalink
`308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve.CommentsClose CommentsPermalink
`308d. Special pay: members of the Selected Reserve assigned to certain high priority units.CommentsClose CommentsPermalink
`308g. Special pay: bonus for enlistment in elements of the Ready Reserve other than the Selected Reserve.CommentsClose CommentsPermalink
`308h. Special pay: bonus for reenlistment, enlistment, or voluntary extension of enlistment in elements of the Ready Reserve other than the Selected Reserve.CommentsClose CommentsPermalink
`308i. Special pay: prior service enlistment bonus.CommentsClose CommentsPermalink
`308j. Special pay: affiliation bonus for officers in the Selected Reserve.CommentsClose CommentsPermalink
`309. Special pay: enlistment bonus.CommentsClose CommentsPermalink
`310. Special pay: duty subject to hostile fire or imminent danger.CommentsClose CommentsPermalink
`312. Special pay: nuclear-qualified officers extending period of active duty.CommentsClose CommentsPermalink
`312b. Special pay: nuclear career accession bonus.CommentsClose CommentsPermalink
`312c. Special pay: nuclear career annual incentive bonus.CommentsClose CommentsPermalink
`314. Special pay or bonus: qualified members extending duty at designated locations overseas.CommentsClose CommentsPermalink
`315. Special pay: engineering and scientific career continuation pay.CommentsClose CommentsPermalink
`316. Special pay: bonus for members with foreign language proficiency.CommentsClose CommentsPermalink
`317. Special pay: officers in critical acquisition positions extending period of active duty.CommentsClose CommentsPermalink
`318. Special pay: special warfare officers extending period of active duty.CommentsClose CommentsPermalink
`319. Special pay: surface warfare officer continuation pay.CommentsClose CommentsPermalink
`320. Incentive pay: career enlisted flyers.CommentsClose CommentsPermalink
`321. Special pay: judge advocate continuation pay.CommentsClose CommentsPermalink
`324. Special pay: accession bonus for new officers in critical skills.CommentsClose CommentsPermalink
`325. Incentive bonus: savings plan for education expenses and other contingencies.CommentsClose CommentsPermalink
`326. Incentive bonus: conversion to military occupational specialty to ease personnel shortage.CommentsClose CommentsPermalink
`327. Incentive bonus: transfer between armed forces.CommentsClose CommentsPermalink
`328. Combat-related injury rehabilitation pay.CommentsClose CommentsPermalink
`329. Incentive bonus: retired members and reserve component members volunteering for high-demand, low-density assignments.CommentsClose CommentsPermalink
`330. Special pay: accession bonus for officer candidates.CommentsClose CommentsPermalink
`subchapter ii--consolidation of special pay, incentive pay, and bonus authorities
`331. General bonus authority for enlisted members.CommentsClose CommentsPermalink
`332. General bonus authority for officers.CommentsClose CommentsPermalink
`333. Special bonus and incentive pay authorities for nuclear officers.CommentsClose CommentsPermalink
`334. Special aviation incentive pay and bonus authorities for officers.CommentsClose CommentsPermalink
`335. Special bonus and incentive pay authorities for officers in health professions.CommentsClose CommentsPermalink
`351. Hazardous duty pay.CommentsClose CommentsPermalink
`352. Assignment pay or special duty pay.CommentsClose CommentsPermalink
`353. Skill incentive pay or proficiency bonus.CommentsClose CommentsPermalink
`354. Special pay: 15-year career status bonus for members entering service on or after August 1, 1986.CommentsClose CommentsPermalink
`355. Special pay: retention incentives for members qualified in critical military skills or assigned to high priority units.CommentsClose CommentsPermalink
`subchapter iii--general provisions
`371. Relationship to other incentives and pays.CommentsClose CommentsPermalink
`372. Continuation of pays during hospitalization and rehabilitation resulting from wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action.CommentsClose CommentsPermalink
`373. Repayment of unearned portion of bonus, incentive pay, or similar benefit when conditions of payment not met.CommentsClose CommentsPermalink
`374. Regulations.'.CommentsClose CommentsPermalink
SEC. 662. TRANSITIONAL PROVISIONS.
(a) Implementation Plan-CommentsClose CommentsPermalink
(1) DEVELOPMENT- The Secretary of Defense shall develop a plan to implement subchapters II and III of chapter 5 of title 37, United States Code, as added by section 661(a), and to correspondingly transition all of the special and incentive pay programs for members of the uniformed services solely to provisions of such subchapters.CommentsClose CommentsPermalink
(2) SUBMISSION- Not later than one year after the date of the enactment of this Act, the Secretary shall submit the implementation plan to the congressional defense committees.CommentsClose CommentsPermalink
(b) Transition Period- During a transition period of not more than 10 years beginning on the date of the enactment of this Act, the Secretary of Defense, the Secretary of a military department, and the Secretaries referred to in subsection (d) may continue to use the authorities in provisions in subchapter I of chapter 5 of title 37, United States Code, as designated by section 661(a), but subject to the terms of such provisions and such modifications as the Secretary of Defense may include in the implementation plan, to provide bonuses and special and incentive pays for members of the uniformed services.CommentsClose CommentsPermalink
(c) Notice of Implementation of New Authorities- Not less than 30 days before the date on which a special pay or bonus authority provided under subchapter II of chapter 5 of title 37, United States Code, as added by section 661(a), is first utilized, the Secretary of Defense shall submit to the congressional defense committees a notice of the implementation of the authority, including whether, as a result of implementation of the authority, a corresponding authority in subchapter I of such chapter, as designated by section 661(a), will no longer be used.CommentsClose CommentsPermalink
(d) Coordination- The Secretary of Defense shall prepare the implementation plan in coordination with--CommentsClose CommentsPermalink
(1) the Secretary of Homeland Security, with respect to the Coast Guard;CommentsClose CommentsPermalink
(2) the Secretary of Health and Human Services, with respect to the commissioned corps of the Public Health Service; andCommentsClose CommentsPermalink
(3) the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink
(e) No Effect on Fiscal Year 2008 Obligations- During fiscal year 2008, obligations incurred under subchapters I, II, and III of chapter 5 of title 37, United States Code, as amended by section 661, to provide bonuses, incentive pays, special pays, and similar payments to members of the uniformed services under such subchapters may not exceed the obligations that would be incurred in the absence of the amendments made by such section.CommentsClose CommentsPermalink
Subtitle G--Other Matters
SEC. 671. REFERRAL BONUS AUTHORITIES.
(a) Codification and Modification of Army Referral Bonus Authority-CommentsClose CommentsPermalink
(1) ARMY REFERRAL BONUS- Chapter 333 of title 10, United States Code, is amended by inserting after section 3251 the following new section:CommentsClose CommentsPermalink
`Sec. 3252. Bonus to encourage Army personnel to refer persons for enlistment in the Army
`(a) Authority To Pay Bonus-CommentsClose CommentsPermalink
`(1) AUTHORITY- The Secretary of the Army may pay a bonus under this section to an individual referred to in paragraph (2) who refers to an Army recruiter a person who has not previously served in an armed force and who, after such referral, enlists in the regular component of the Army or in the Army National Guard or Army Reserve.CommentsClose CommentsPermalink
`(2) INDIVIDUALS ELIGIBLE FOR BONUS- Subject to subsection (c), the following individuals are eligible for a referral bonus under this section:CommentsClose CommentsPermalink
`(A) A member in the regular component of the Army.CommentsClose CommentsPermalink
`(B) A member of the Army National Guard.CommentsClose CommentsPermalink
`(C) A member of the Army Reserve.CommentsClose CommentsPermalink
`(D) A member of the Army in a retired status, including a member under 60 years of age who, but for age, would be eligible for retired pay.CommentsClose CommentsPermalink
`(E) A civilian employee of the Department of the Army.CommentsClose CommentsPermalink
`(b) Referral- For purposes of this section, a referral for which a bonus may be paid under subsection (a) occurs--CommentsClose CommentsPermalink
`(1) when the individual concerned contacts an Army recruiter on behalf of a person interested in enlisting in the Army; orCommentsClose CommentsPermalink
`(2) when a person interested in enlisting in the Army contacts the Army recruiter and informs the recruiter of the role of the individual concerned in initially recruiting the person.CommentsClose CommentsPermalink
`(c) Certain Referrals Ineligible-CommentsClose CommentsPermalink
`(1) REFERRAL OF IMMEDIATE FAMILY- A member of the Army or civilian employee of the Department of the Army may not be paid a bonus under subsection (a) for the referral of an immediate family member.CommentsClose CommentsPermalink
`(2) MEMBERS IN RECRUITING ROLES- A member of the Army or civilian employee of the Department of the Army serving in a recruiting or retention assignment, or assigned to other duties regarding which eligibility for a bonus under subsection (a) could (as determined by the Secretary) be perceived as creating a conflict of interest, may not be paid a bonus under subsection (a).CommentsClose CommentsPermalink
`(3) JUNIOR RESERVE OFFICERS' TRAINING CORPS INSTRUCTORS- A member of the Army detailed under subsection (c)(1) of section 2031 of this title to serve as an administrator or instructor in the Junior Reserve Officers' Training Corps program or a retired member of the Army employed as an administrator or instructor in the program under subsection (d) of such section may not be paid a bonus under subsection (a).CommentsClose CommentsPermalink
`(d) Amount of Bonus- The amount of the bonus payable for a referral under subsection (a) may not exceed $2,000. The amount shall be payable as provided in subsection (e).CommentsClose CommentsPermalink
`(e) Payment- A bonus payable for a referral of a person under subsection (a) shall be paid as follows:CommentsClose CommentsPermalink
`(1) Not more than $1,000 shall be paid upon the commencement of basic training by the person.CommentsClose CommentsPermalink
`(2) Not more than $1,000 shall be paid upon the completion of basic training and individual advanced training by the person.CommentsClose CommentsPermalink
`(f) Relation to Prohibition on Bounties- The referral bonus authorized by this section is not a bounty for purposes of section 514(a) of this title.CommentsClose CommentsPermalink
`(g) Coordination With Receipt of Retired Pay- A bonus paid under this section to a member of the Army in a retired status is in addition to any compensation to which the member is entitled under this title, title 37 or 38, or any other provision of law.CommentsClose CommentsPermalink
`(h) Duration of Authority- A bonus may not be paid under subsection (a) with respect to any referral that occurs after December 31, 2008.'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3251 the following new item:CommentsClose CommentsPermalink
`3252. Bonus to encourage Army personnel to refer persons for enlistment in the Army.'.CommentsClose CommentsPermalink
(b) Bonus for Referral of Persons for Appointment as Officers To Serve in Health Professions-CommentsClose CommentsPermalink
(1) HEALTH PROFESSIONS REFERRAL BONUS- Chapter 53 of such title is amended by inserting before section 1031 the following new section:CommentsClose CommentsPermalink
`Sec. 1030. Bonus to encourage Department of Defense personnel to refer persons for appointment as officers to serve in health professions
`(a) Authority To Pay Bonus-CommentsClose CommentsPermalink
`(1) AUTHORITY- The Secretary of Defense may authorize the appropriate Secretary to pay a bonus under this section to an individual referred to in paragraph (2) who refers to a military recruiter a person who has not previously served in an armed force and, after such referral, takes an oath of enlistment that leads to appointment as a commissioned officer, or accepts an appointment as a commissioned officer, in an armed force in a health profession designated by the appropriate Secretary for purposes of this section.CommentsClose CommentsPermalink
`(2) INDIVIDUALS ELIGIBLE FOR BONUS- Subject to subsection (c), the following individuals are eligible for a referral bonus under this section:CommentsClose CommentsPermalink
`(A) A member of the armed forces in a regular component of the armed forces.CommentsClose CommentsPermalink
`(B) A member of the armed forces in a reserve component of the armed forces.CommentsClose CommentsPermalink
`(C) A member of the armed forces in a retired status, including a member under 60 years of age who, but for age, would be eligible for retired or retainer pay.CommentsClose CommentsPermalink
`(D) A civilian employee of a military department or the Department of Defense.CommentsClose CommentsPermalink
`(b) Referral- For purposes of this section, a referral for which a bonus may be paid under subsection (a) occurs--CommentsClose CommentsPermalink
`(1) when the individual concerned contacts a military recruiter on behalf of a person interested in taking an oath of enlistment that leads to appointment as a commissioned officer, or accepting an appointment as a commissioned officer, as applicable, in an armed force in a health profession; orCommentsClose CommentsPermalink
`(2) when a person interested in taking an oath of enlistment that leads to appointment as a commissioned officer, or accepting an appointment as a commissioned officer, as applicable, in an armed force in a health profession contacts a military recruiter and informs the recruiter of the role of the individual concerned in initially recruiting the person.CommentsClose CommentsPermalink
`(c) Certain Referrals Ineligible-CommentsClose CommentsPermalink
`(1) REFERRAL OF IMMEDIATE FAMILY- A member of the armed forces or civilian employee of a military department or the Department of Defense may not be paid a bonus under subsection (a) for the referral of an immediate family member.CommentsClose CommentsPermalink
`(2) MEMBERS IN RECRUITING ROLES- A member of the armed forces or civilian employee of a military department or the Department of Defense serving in a recruiting or retention assignment, or assigned to other duties regarding which eligibility for a bonus under subsection (a) could (as determined by the appropriate Secretary) be perceived as creating a conflict of interest, may not be paid a bonus under subsection (a).CommentsClose CommentsPermalink
`(3) JUNIOR RESERVE OFFICERS' TRAINING CORPS INSTRUCTORS- A member of the armed forces detailed under subsection (c)(1) of section 2031 of this title to serve as an administrator or instructor in the Junior Reserve Officers' Training Corps program or a retired member of the armed forces employed as an administrator or instructor in the program under subsection (d) of such section may not be paid a bonus under subsection (a).CommentsClose CommentsPermalink
`(d) Amount of Bonus- The amount of the bonus payable for a referral under subsection (a) may not exceed $2,000. The amount shall be payable as provided in subsection (e).CommentsClose CommentsPermalink
`(e) Payment- A bonus payable for a referral of a person under subsection (a) shall be paid as follows:CommentsClose CommentsPermalink
`(1) Not more than $1,000 shall be paid upon the execution by the person of an agreement to serve as an officer in a health profession in an armed force for not less than 3 years,CommentsClose CommentsPermalink
`(2) Not more than $1,000 shall be paid upon the completion by the person of the initial period of military training as an officer.CommentsClose CommentsPermalink
`(f) Relation to Prohibition on Bounties- The referral bonus authorized by this section is not a bounty for purposes of section 514(a) of this title.CommentsClose CommentsPermalink
`(g) Coordination With Receipt of Retired Pay- A bonus paid under this section to a member of the armed forces in a retired status is in addition to any compensation to which the member is entitled under this title, title 37 or 38, or any other provision of law.CommentsClose CommentsPermalink
`(h) Appropriate Secretary Defined- In this section, the term `appropriate Secretary' means--CommentsClose CommentsPermalink
`(1) the Secretary of the Army, with respect to matters concerning the Army;CommentsClose CommentsPermalink
`(2) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy;CommentsClose CommentsPermalink
`(3) the Secretary of the Air Force, with respect to matters concerning the Air Force; andCommentsClose CommentsPermalink
`(4) the Secretary of Defense, with respect to personnel of the Department of Defense.CommentsClose CommentsPermalink
`(i) Duration of Authority- A bonus may not be paid under subsection (a) with respect to any referral that occurs after December 31, 2008.'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENTS- The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 1031 the following new item:CommentsClose CommentsPermalink
`1030. Bonus to encourage Department of Defense personnel to refer persons for appointment as officers to serve in health professions.'.CommentsClose CommentsPermalink
(c) Repeal of Superseded army Referral Bonus Authority-CommentsClose CommentsPermalink
(1) REPEAL- Section 645 of the National Defense Authorization Act for Fiscal Year 2006 (
(2) PAYMENT OF BONUSES UNDER SUPERSEDED AUTHORITY- Any bonus payable under section 645 of the National Defense Authorization Act for Fiscal Year 2006, as in effect before its repeal by paragraph (1), shall remain payable after that date and shall be paid in accordance with the provisions of such section, as in effect on the day before the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 672. EXPANSION OF EDUCATION LOAN REPAYMENT PROGRAM FOR MEMBERS OF THE SELECTED RESERVE.
(a) Additional Educational Loans Eligible for Repayment- Paragraph (1) of subsection (a) of
(1) by striking `or' at the end of subparagraph (B);CommentsClose CommentsPermalink
(2) by striking the period at the end of subparagraph (C) and inserting `; or'; andCommentsClose CommentsPermalink
(3) by inserting after subparagraph (C) the following new subparagraph:CommentsClose CommentsPermalink
`(D) any loan incurred for educational purposes made by a lender that is--CommentsClose CommentsPermalink
`(i) an agency or instrumentality of a State;CommentsClose CommentsPermalink
`(ii) a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State;CommentsClose CommentsPermalink
`(iii) a pension fund approved by the Secretary for purposes of this section; orCommentsClose CommentsPermalink
`(iv) a nonprofit private entity designated by a State, regulated by that State, and approved by the Secretary for purposes of this section.'.CommentsClose CommentsPermalink
(b) Participation of Officers in Program- Such subsection is further amended--CommentsClose CommentsPermalink
(1) in paragraph (2)--CommentsClose CommentsPermalink
(A) by striking `Except as provided in paragraph (3), the Secretary' and inserting `The Secretary'; andCommentsClose CommentsPermalink
(B) by striking `an enlisted member of the Selected Reserve of the Ready Reserve of an armed force in a reserve component and military specialty' and inserting `a member of the Selected Reserve of the Ready Reserve of an armed force in a reserve component and in an officer program or military specialty'; andCommentsClose CommentsPermalink
(2) by striking paragraph (3).CommentsClose CommentsPermalink
(c) Clerical Amendments-CommentsClose CommentsPermalink
(1) SECTION HEADING- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink
`Sec. 16301. Education loan repayment program: members of Selected Reserve'.
(2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 1609 of such title is amended by striking the item relating to section 16301 and inserting the following new item:CommentsClose CommentsPermalink
`16301. Education loan repayment program: members of Selected Reserve.'.CommentsClose CommentsPermalink
SEC. 673. ENSURING ENTRY INTO UNITED STATES AFTER TIME ABROAD FOR PERMANENT RESIDENT ALIEN MILITARY SPOUSES AND CHILDREN.
Section 284 of the Immigration and Nationality Act (
(1) by striking `Nothing' and inserting `(a) Nothing'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(b) If a person lawfully admitted for permanent residence is the spouse or child of a member of the Armed Forces of the United States, is authorized to accompany the member and reside abroad with the member pursuant to the member's official orders, and is so accompanying and residing with the member (in marital union if a spouse), then the residence and physical presence of the person abroad shall not be treated as--CommentsClose CommentsPermalink
`(1) an abandonment or relinquishment of lawful permanent resident status for purposes of clause (i) of section 101(a)(13)(C); orCommentsClose CommentsPermalink
`(2) an absence from the United States for purposes of clause (ii) of such section.'.CommentsClose CommentsPermalink
SEC. 674. OVERSEAS NATURALIZATION FOR MILITARY SPOUSES AND CHILDREN.
(a) Spouses- Section 319 of the Immigration and Nationality Act (
`(e)(1) In the case of a person lawfully admitted for permanent residence in the United States who is the spouse of a member of the Armed Forces of the United States, is authorized to accompany such member and reside abroad with the member pursuant to the member's official orders, and is so accompanying and residing with the member in marital union, such residence and physical presence abroad shall be treated, for purposes of subsection (a) and section 316(a), as residence and physical presence in--CommentsClose CommentsPermalink
`(A) the United States; andCommentsClose CommentsPermalink
`(B) any State or district of the Department of Homeland Security in the United States.CommentsClose CommentsPermalink
`(2) Notwithstanding any other provision of law, a spouse described in paragraph (1) shall be eligible for naturalization proceedings overseas pursuant to section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 (
(b) Children- Section 322 of the Immigration and Nationality Act (
`(d) In the case of a child of a member of the Armed Forces of the United States who is authorized to accompany such member and reside abroad with the member pursuant to the member's official orders, and is so accompanying and residing with the member--CommentsClose CommentsPermalink
`(1) any period of time during which the member of the Armed Forces is residing abroad pursuant to official orders shall be treated, for purposes of subsection (a)(2)(A), as physical presence in the United States;CommentsClose CommentsPermalink
`(2) subsection (a)(5) shall not apply; andCommentsClose CommentsPermalink
`(3) the oath of allegiance described in subsection (b) may be subscribed to abroad pursuant to section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 (
(c) Overseas Naturalization Authority- Section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 (
(1) in the subsection heading, by inserting `and Their Spouses and Children' after `Forces'; andCommentsClose CommentsPermalink
(2) by inserting `, and persons made eligible for naturalization by section 319(e) or 322(d) of such Act,' after `Armed Forces'.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section shall take effect on the date of enactment of this Act and apply to any application for naturalization or issuance of a certificate of citizenship pending on or after such date.CommentsClose CommentsPermalink
SEC. 675. MODIFICATION OF AMOUNT OF BACK PAY FOR MEMBERS OF NAVY AND MARINE CORPS SELECTED FOR PROMOTION WHILE INTERNED AS PRISONERS OF WAR DURING WORLD WAR II TO TAKE INTO ACCOUNT CHANGES IN CONSUMER PRICE INDEX.
(a) Modification- Section 667(c) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
`(3) The amount determined for a person under paragraph (1) shall be increased to reflect increases in cost of living since the basic pay referred to in paragraph (1)(B) was paid to or for that person, calculated on the basis of the Consumer Price Index (all items--United States city average) published monthly by the Bureau of Labor Statistics.'.CommentsClose CommentsPermalink
(b) Recalculation of Previous Payments- In the case of any payment of back pay made to or for a person under section 667 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 before the date of the enactment of this Act, the Secretary of the Navy shall--CommentsClose CommentsPermalink
(1) recalculate the amount of back pay to which the person is entitled by reason of the amendment made by subsection (a); andCommentsClose CommentsPermalink
(2) if the amount of back pay, as so recalculated, exceeds the amount of back pay so paid, pay the person, or the surviving spouse of the person, an amount equal to the excess.CommentsClose CommentsPermalink
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Improvements to Military Health Benefits
Sec. 701. One-year extension of prohibition on increases in certain health care costs for members of the uniformed services.CommentsClose CommentsPermalink
Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program.CommentsClose CommentsPermalink
Sec. 703. Inclusion of TRICARE retail pharmacy program in Federal procurement of pharmaceuticals.CommentsClose CommentsPermalink
Sec. 704. Stipend for members of reserve components for health care for certain dependents.CommentsClose CommentsPermalink
Sec. 705. Authority for expansion of persons eligible for continued health benefits coverage.CommentsClose CommentsPermalink
Sec. 706. Continuation of eligibility for TRICARE Standard coverage for certain members of the Selected Reserve.CommentsClose CommentsPermalink
Sec. 707. Extension of pilot program for health care delivery.CommentsClose CommentsPermalink
Sec. 708. Inclusion of mental health care in definition of health care and report on mental health care services.CommentsClose CommentsPermalink
Subtitle B--Studies and Reports
Sec. 711. Surveys on continued viability of TRICARE Standard and TRICARE Extra.CommentsClose CommentsPermalink
Sec. 712. Report on training in preservation of remains under combat or combat-related conditions.CommentsClose CommentsPermalink
Sec. 713. Report on patient satisfaction surveys.CommentsClose CommentsPermalink
Sec. 714. Report on medical physical examinations of members of the Armed Forces before their deployment.CommentsClose CommentsPermalink
Sec. 715. Report and study on multiple vaccinations of members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 716. Review of gender- and ethnic group-specific mental health services and treatment for members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 717. Licensed mental health counselors and the TRICARE program.CommentsClose CommentsPermalink
Sec. 718. Report on funding of the Department of Defense for health care.CommentsClose CommentsPermalink
Subtitle C--Other Matters
Sec. 721. Prohibition on conversion of military medical and dental positions to civilian medical and dental positions.CommentsClose CommentsPermalink
Sec. 722. Establishment of Joint Pathology Center.CommentsClose CommentsPermalink
Subtitle A--Improvements to Military Health Benefits
SEC. 701. ONE-YEAR EXTENSION OF PROHIBITION ON INCREASES IN CERTAIN HEALTH CARE COSTS FOR MEMBERS OF THE UNIFORMED SERVICES.
(a) Charges Under Contracts for Medical Care-
(b) Charges for Inpatient Care- Section 1086(b)(3) of such title is amended by striking `September 30, 2007.' and inserting `September 30, 2008'.CommentsClose CommentsPermalink
(c) Premiums Under TRICARE Coverage for Certain Members in the Selected Reserve- Section 1076d(d)(3) of such title is amended by striking `September 30, 2007' and inserting `September 30, 2008'.CommentsClose CommentsPermalink
SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS UNDER RETAIL PHARMACY SYSTEM OF PHARMACY BENEFITS PROGRAM.
During the period beginning on October 1, 2007, and ending on September 30, 2008, the cost sharing requirements established under paragraph (6) of
(1) In the case of generic agents, $3.CommentsClose CommentsPermalink
(2) In the case of formulary agents, $9.CommentsClose CommentsPermalink
(3) In the case of nonformulary agents, $22.CommentsClose CommentsPermalink
SEC. 703. INCLUSION OF TRICARE RETAIL PHARMACY PROGRAM IN FEDERAL PROCUREMENT OF PHARMACEUTICALS.
(a) In General-
(1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (e) the following new subsection (f):CommentsClose CommentsPermalink
`(f) Procurement of Pharmaceuticals by TRICARE Retail Pharmacy Program- With respect to any prescription filled on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008, the TRICARE retail pharmacy program shall be treated as an element of the Department of Defense for purposes of the procurement of drugs by Federal agencies under section 8126 of title 38 to the extent necessary to ensure that pharmaceuticals paid for by the Department of Defense that are provided by pharmacies under the program to eligible covered beneficiaries under this section are subject to the pricing standards in such section 8126.'.CommentsClose CommentsPermalink
(b) Regulations- The Secretary of Defense shall, after consultation with the other administering Secretaries under chapter 55 of title 10, United States Code, modify the regulations under subsection (h) of
SEC. 704. STIPEND FOR MEMBERS OF RESERVE COMPONENTS FOR HEALTH CARE FOR CERTAIN DEPENDENTS.
The Secretary of Defense may, pursuant to regulations prescribed by the Secretary, pay a stipend to a member of a reserve component of the Armed Forces who is called or ordered to active duty for a period of more than 30 days for purposes of maintaining civilian health care coverage for a dependant whom the Secretary determines to possess a special health care need that would be best met by remaining in the member's civilian health plan. In making such determination, the Secretary shall consider whether--CommentsClose CommentsPermalink
(1) the dependent of the member was receiving treatment for the special health care need before the call or order to active duty of the member; andCommentsClose CommentsPermalink
(2) the call or order to active duty would result in an interruption in treatment or a change in health care provider for such treatment.CommentsClose CommentsPermalink
SEC. 705. AUTHORITY FOR EXPANSION OF PERSONS ELIGIBLE FOR CONTINUED HEALTH BENEFITS COVERAGE.
(a) Authority To Specify Additional Eligible Persons- Subsection (b) of
`(4) Any other person specified in regulations prescribed by the Secretary of Defense for purposes of this paragraph who loses entitlement to health care services under this chapter or section 1145 of this title, subject to such terms and conditions as the Secretary shall prescribe in the regulations.'.CommentsClose CommentsPermalink
(b) Election of Coverage- Subsection (d) of such section is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(4) In the case of a person described in subsection (b)(4), by such date as the Secretary shall prescribe in the regulations required for purposes of that subsection.'.CommentsClose CommentsPermalink
(c) Period of Coverage- Subsection (g)(1) of such section is amended--CommentsClose CommentsPermalink
(1) in subparagraph (B), by striking `and' at the end;CommentsClose CommentsPermalink
(2) in subparagraph (C), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(3) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(D) in the case of a person described in subsection (b)(4), the date that is 36 months after the date on which the person loses entitlement to health care services as described in that subsection.'.CommentsClose CommentsPermalink
SEC. 706. CONTINUATION OF ELIGIBILITY FOR TRICARE STANDARD COVERAGE FOR CERTAIN MEMBERS OF THE SELECTED RESERVE.
(a) In General- Section 706(f) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(1) by striking `Enrollments' and inserting `(1) Except as provided in paragraph (2), enrollments'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(2) The enrollment of a member in TRICARE Standard that is in effect on the day before health care under TRICARE Standard is provided pursuant to the effective date in subsection (g) shall not be terminated by operation of the exclusion of eligibility under subsection (a)(2) of such section 1076d, as so amended, for the duration of the eligibility of the member under TRICARE Standard as in effect on October 16, 2006.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by subsection (a) shall take effect on October 1, 2007.CommentsClose CommentsPermalink
SEC. 707. EXTENSION OF PILOT PROGRAM FOR HEALTH CARE DELIVERY.
(a) Extension of Duration of Pilot Program- Section 721(e) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (
(b) Extension of Report Deadline- Section 721(f) of such Act is amended by striking `July 1, 2007' and inserting `July 1, 2010'.CommentsClose CommentsPermalink
(c) Revision in Selection Criteria- Section 721(d)(2) of such Act is amended by striking `expected to increase over the next five years' and inserting `has increased over the five years preceding 2008'.CommentsClose CommentsPermalink
(d) Addition to Requirements of Pilot Program- Section 721(b) of such Act is amended--CommentsClose CommentsPermalink
(1) by striking `and' at the end of paragraph (3);CommentsClose CommentsPermalink
(2) by striking the period and inserting `; and' at the end of paragraph (4); andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(5) collaborate with State and local authorities to create an arrangement to share and exchange, between the Department of Defense and non-military health care systems, personal health information and data of military personnel and their families.'.CommentsClose CommentsPermalink
SEC. 708. INCLUSION OF MENTAL HEALTH CARE IN DEFINITION OF HEALTH CARE AND REPORT ON MENTAL HEALTH CARE SERVICES.
(a) Inclusion of Mental Health Care in Definition of Health Care-
`(10) The term `health care' includes mental health care.'.CommentsClose CommentsPermalink
(b) Report on Access to Mental Health Care Services- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the adequacy of access to mental health services under the TRICARE program, including in the geographic areas where surveys on the continued viability of TRICARE Standard and TRICARE Extra are conducted under section 711 of this Act.CommentsClose CommentsPermalink
Subtitle B--Studies and Reports
SEC. 711. SURVEYS ON CONTINUED VIABILITY OF TRICARE STANDARD AND TRICARE EXTRA.
(a) Requirement for Surveys-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Defense shall conduct surveys of health care providers and beneficiaries who use TRICARE in the United States to determine, utilizing a reconciliation of the responses of providers and beneficiaries to such surveys, each of the following:CommentsClose CommentsPermalink
(A) How many health care providers in TRICARE Prime service areas selected under paragraph (3)(A) are accepting new patients under each of TRICARE Standard and TRICARE Extra.CommentsClose CommentsPermalink
(B) How many health care providers in geographic areas in which TRICARE Prime is not offered are accepting patients under each of TRICARE Standard and TRICARE Extra.CommentsClose CommentsPermalink
(C) The availability of mental health care providers in TRICARE Prime service areas selected under paragraph (3)(C) and in geographic areas in which TRICARE Prime is not offered.CommentsClose CommentsPermalink
(2) BENCHMARKS- The Secretary shall establish for purposes of the surveys required by paragraph (1) benchmarks for primary care and specialty care providers, including mental health care providers, to be utilized to determine the adequacy of the availability of health care providers to beneficiaries eligible for TRICARE.CommentsClose CommentsPermalink
(3) SCOPE OF SURVEYS- The Secretary shall carry out the surveys required by paragraph (1) as follows:CommentsClose CommentsPermalink
(A) In the case of the surveys required by subparagraph (A) of that paragraph, in at least 20 TRICARE Prime service areas in the United States in each of fiscal years 2008 through 2011.CommentsClose CommentsPermalink
(B) In the case of the surveys required by subparagraph (B) of that paragraph, in 20 geographic areas in which TRICARE Prime is not offered and in which significant numbers of beneficiaries who are members of the Selected Reserve reside.CommentsClose CommentsPermalink
(C) In the case of the surveys required by subparagraph (C) of that paragraph, in at least 40 geographic areas.CommentsClose CommentsPermalink
(4) PRIORITY FOR SURVEYS- In prioritizing the areas which are to be surveyed under paragraph (1), the Secretary shall--CommentsClose CommentsPermalink
(A) consult with representatives of TRICARE beneficiaries and health care and mental health care providers to identify locations where TRICARE Standard beneficiaries are experiencing significant levels of access-to-care problems under TRICARE Standard or TRICARE Extra;CommentsClose CommentsPermalink
(B) give a high priority to surveying health care and mental health care providers in such areas; andCommentsClose CommentsPermalink
(C) give a high priority to surveying beneficiaries and providers located in geographic areas with high concentrations of members of the Selected Reserve.CommentsClose CommentsPermalink
(5) INFORMATION FROM PROVIDERS- The surveys required by paragraph (1) shall include questions seeking to determine from health care and mental health care providers the following:CommentsClose CommentsPermalink
(A) Whether the provider is aware of the TRICARE program.CommentsClose CommentsPermalink
(B) What percentage of the provider's current patient population uses any form of TRICARE.CommentsClose CommentsPermalink
(C) Whether the provider accepts patients for whom payment is made under the medicare program for health care and mental health care services.CommentsClose CommentsPermalink
(D) If the provider accepts patients referred to in subparagraph (C), whether the provider would accept additional such patients who are not in the provider's current patient population.CommentsClose CommentsPermalink
(6) INFORMATION FROM BENEFICIARIES- The surveys required by paragraph (1) shall include questions seeking information to determine from TRICARE beneficiaries whether they have difficulties in finding health care and mental health care providers willing to provide services under TRICARE Standard or TRICARE Extra.CommentsClose CommentsPermalink
(b) GAO Review-CommentsClose CommentsPermalink
(1) ONGOING REVIEW- The Comptroller General shall, on an ongoing basis, review--CommentsClose CommentsPermalink
(A) the processes, procedures, and analysis used by the Department of Defense to determine the adequacy of the number of health care and mental health care providers--CommentsClose CommentsPermalink
(i) that currently accept TRICARE Standard or TRICARE Extra beneficiaries as patients under TRICARE Standard in each TRICARE area as of the date of completion of the review; andCommentsClose CommentsPermalink
(ii) that would accept TRICARE Standard or TRICARE Extra beneficiaries as new patients under TRICARE Standard or TRICARE Extra, as applicable, within a reasonable time after the date of completion of the review; andCommentsClose CommentsPermalink
(B) the actions taken by the Department of Defense to ensure ready access of TRICARE Standard beneficiaries to health care and mental health care under TRICARE Standard in each TRICARE area, including any pending or resolved requests for waiver of payment limits in order to improve access to health care or mental health care in a specific geographic area.CommentsClose CommentsPermalink
(2) REPORTS- The Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives on a bi-annual basis a report on the results of the review under paragraph (1). Each report shall include the following:CommentsClose CommentsPermalink
(A) An analysis of the adequacy of the surveys under subsection (a).CommentsClose CommentsPermalink
(B) An identification of any impediments to achieving adequacy of availability of health care and mental health care under TRICARE Standard or TRICARE Extra.CommentsClose CommentsPermalink
(C) An assessment of the adequacy of Department of Defense education programs to inform health care and mental health care providers about TRICARE Standard and TRICARE Extra.CommentsClose CommentsPermalink
(D) An assessment of the adequacy of Department of Defense initiatives to encourage health care and mental health care providers to accept patients under TRICARE Standard and TRICARE Extra.CommentsClose CommentsPermalink
(E) An assessment of the adequacy of information available to TRICARE Standard beneficiaries to facilitate access by such beneficiaries to health care and mental health care under TRICARE Standard and TRICARE Extra.CommentsClose CommentsPermalink
(F) An assessment of any need for adjustment of health care and mental health care provider payment rates to attract participation in TRICARE Standard by appropriate numbers of health care and mental health care providers.CommentsClose CommentsPermalink
(G) An assessment of the adequacy of Department of Defense programs to inform members of the Selected Reserve about the TRICARE Reserve Select program.CommentsClose CommentsPermalink
(H) An assessment of the ability of TRICARE Reserve Select beneficiaries to receive care in their geographic area.CommentsClose CommentsPermalink
(c) Effective Date- This section shall take effect on October 1, 2007.CommentsClose CommentsPermalink
(d) Repeal of Superseded Requirements and Authority- Section 723 of the National Defense Authorization Act for Fiscal Year 2004 (
(e) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term `TRICARE Extra' means the option of the TRICARE program under which TRICARE Standard beneficiaries may obtain discounts on cost-sharing as a result of using TRICARE network providers.CommentsClose CommentsPermalink
(2) The term `TRICARE Prime' means the managed care option of the TRICARE program.CommentsClose CommentsPermalink
(3) The term `TRICARE Prime service area' means a geographic area designated by the Department of Defense in which managed care support contractors develop a managed care network under TRICARE Prime.CommentsClose CommentsPermalink
(4) The term `TRICARE Standard' means the option of the TRICARE program that is also known as the Civilian Health and Medical Program of the Uniformed Services, as defined in
(5) The term `TRICARE Reserve Select' means the option of the TRICARE program that allows members of the Selected Reserve to enroll in TRICARE Standard, pursuant to
(6) The term `member of the Selected Reserve' means a member of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces.CommentsClose CommentsPermalink
(7) The term `United States' means the United States (as defined in
SEC. 712. REPORT ON TRAINING IN PRESERVATION OF REMAINS UNDER COMBAT OR COMBAT-RELATED CONDITIONS.
(a) Report Required- The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the requirements of section 567 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(b) Matters Covered- The report shall include a detailed description of the implementation of such section, including--CommentsClose CommentsPermalink
(1) where the training program is taking place;CommentsClose CommentsPermalink
(2) who is providing the training;CommentsClose CommentsPermalink
(3) the number of each type of military health care professional trained to date; andCommentsClose CommentsPermalink
(4) what the training covers.CommentsClose CommentsPermalink
(c) Deadline- The report required by this section shall be submitted not later than 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 713. REPORT ON PATIENT SATISFACTION SURVEYS.
(a) Report Required- Not later than March 1, 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the ongoing patient satisfaction surveys taking place in Department of Defense inpatient and outpatient settings at military treatment facilities.CommentsClose CommentsPermalink
(b) Content- The report required under subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) The types of survey questions asked.CommentsClose CommentsPermalink
(2) How frequently the surveying is conducted.CommentsClose CommentsPermalink
(3) How often the results are analyzed and reported back to the treatment facilities.CommentsClose CommentsPermalink
(4) To whom survey feedback is made available.CommentsClose CommentsPermalink
(5) How best practices are incorporated for quality improvement.CommentsClose CommentsPermalink
(6) An analysis of the effect of inpatient and outpatient surveys on quality improvement and a comparison of patient satisfaction survey programs with patient satisfaction survey programs used by other public and private health care systems and organizations.CommentsClose CommentsPermalink
(c) Use of Report Information- The Secretary shall use information in the report as the basis for a plan for improvements in patient satisfaction surveys used to assess health care at military treatment facilities in order to ensure the provision of high quality health care and hospital services in such facilities.CommentsClose CommentsPermalink
SEC. 714. REPORT ON MEDICAL PHYSICAL EXAMINATIONS OF MEMBERS OF THE ARMED FORCES BEFORE THEIR DEPLOYMENT.
Not later than April 1, 2008, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the following:CommentsClose CommentsPermalink
(1) A comparison of the policies of the military departments concerning medical physical examinations of members of the Armed Forces before their deployment, including an identification of instances in which a member (including a member of a reserve component) may be required to undergo multiple physical examinations, from the time of notification of an upcoming deployment through the period of preparation for deployment.CommentsClose CommentsPermalink
(2) An assessment of the current policies related to, as well as the feasibility of, each of the following:CommentsClose CommentsPermalink
(A) A single predeployment physical examination for members of the Armed Forces before their deployment.CommentsClose CommentsPermalink
(B) A single system for tracking electronically the results of examinations under subparagraph (A) that can be shared among the military departments and thereby eliminate redundancy of medical physical examinations for members of the Armed Forces before their deployment.CommentsClose CommentsPermalink
SEC. 715. REPORT AND STUDY ON MULTIPLE VACCINATIONS OF MEMBERS OF THE ARMED FORCES.
(a) Report Required- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the policies of the Department of Defense for administering and evaluating the vaccination of members of the Armed Forces.CommentsClose CommentsPermalink
(b) Elements- The report required by subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) An assessment of the Department's policies governing the administration of multiple vaccinations in a 24-hour period, including the procedures providing for a full review of an individual's medical history prior to the administration of multiple vaccinations, and whether such policies and procedures differ for members of the Armed Forces on active duty and members of reserve components.CommentsClose CommentsPermalink
(2) An assessment of how the Department's policies on multiple vaccinations in a 24-hour period conform to current regulations of the Food and Drug Administration and research performed or being performed by the Centers for Disease Control, other non-military Federal agencies, and non-Federal institutions on multiple vaccinations in a 24-hour period.CommentsClose CommentsPermalink
(3) An assessment of the Department's procedures for initiating investigations of deaths of members of the Armed Forces in which vaccinations may have played a role, including whether such investigations can be requested by family members of the deceased individuals.CommentsClose CommentsPermalink
(4) The number of deaths of members of the Armed Forces since May 18, 1998, that the Department has investigated for the potential role of vaccine administration, including both the number of deaths investigated that was alleged to have involved more than one vaccine administered in a given 24-hour period and the number of deaths investigated that was determined to have involved more than one vaccine administered in a given 24-hour period.CommentsClose CommentsPermalink
(5) An assessment of the procedures for providing the Adjutants General of the various States and territories with up-to-date information on the effectiveness and potential allergic reactions and side effects of vaccines required to be taken by National Guard members.CommentsClose CommentsPermalink
(6) An assessment of whether procedures are in place to provide that the Adjutants General of the various States and territories retain updated medical records of each National Guard member called up for active duty.CommentsClose CommentsPermalink
SEC. 716. REVIEW OF GENDER- AND ETHNIC GROUP-SPECIFIC MENTAL HEALTH SERVICES AND TREATMENT FOR MEMBERS OF THE ARMED FORCES.
(a) Comprehensive Review- The Secretary of Defense shall conduct a comprehensive review of--CommentsClose CommentsPermalink
(1) the need for gender- and ethnic group-specific mental health treatment and services for members of the Armed Forces; andCommentsClose CommentsPermalink
(2) the efficacy and adequacy of existing gender- and ethnic group-specific mental health treatment programs and services for members of the Armed Forces, to include availability of and access to such programs.CommentsClose CommentsPermalink
(b) Elements- The review required by subsection (a) shall include, but not be limited to, an assessment of the following:CommentsClose CommentsPermalink
(1) The need for gender- and ethnic group-specific mental health outreach, prevention, and treatment services for members of the Armed Forces.CommentsClose CommentsPermalink
(2) The access to and efficacy of existing gender- and ethnic group-specific mental health outreach, prevention, and treatment services and programs (including substance abuse programs).CommentsClose CommentsPermalink
(3) The availability of gender- and ethnic group-specific services and treatment for members of the Armed Forces who experienced sexual assault or abuse.CommentsClose CommentsPermalink
(4) The access to and need for treatment facilities focusing on the gender- and ethnic group-specific mental health care needs of members of the Armed Forces.CommentsClose CommentsPermalink
(5) The need for further clinical research on the gender- and ethnic group-specific needs of members of the Armed Forces who served in a combat zone.CommentsClose CommentsPermalink
(c) Report- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the review required by subsection (a).CommentsClose CommentsPermalink
SEC. 717. LICENSED MENTAL HEALTH COUNSELORS AND THE TRICARE PROGRAM.
(a) Regulations- The Secretary of Defense shall prescribe regulations to establish criteria that licensed or certified mental health counselors shall meet in order to be able to independently provide care to TRICARE beneficiaries and receive payment under the TRICARE program for such services. The criteria shall include requirements for education level, licensure, certification, and clinical experience as considered appropriate by the Secretary.CommentsClose CommentsPermalink
(b) Study Required- The Secretary of Defense shall enter into a contract with the Institute of Medicine of the National Academy of Sciences, or another similarly qualified independent academic medical organization, for the purpose of--CommentsClose CommentsPermalink
(1) conducting an independent study of the credentials, preparation, and training of individuals practicing as licensed mental health counselors; andCommentsClose CommentsPermalink
(2) making recommendations for permitting licensed mental health counselors to practice independently under the TRICARE program.CommentsClose CommentsPermalink
(c) Elements of Study-CommentsClose CommentsPermalink
(1) EDUCATIONAL REQUIREMENTS- The study required by subsection (b) shall provide for an assessment of the educational requirements and curricula relevant to mental health practice for licensed mental health counselors, including types of degrees recognized, certification standards for graduate programs for such profession, and recognition of undergraduate coursework for completion of graduate degree requirements.CommentsClose CommentsPermalink
(2) LICENSING REQUIREMENTS- The study required by subsection (b) shall provide for an assessment of State licensing requirements for licensed mental health counselors, including for each level of licensure if a State issues more than one type of license for the profession. The assessment shall examine requirements in the areas of education, training, examination, continuing education, and ethical standards, and shall include an evaluation of the extent to which States authorize members of the licensed mental health counselor profession to diagnose and treat mental illnesses.CommentsClose CommentsPermalink
(3) CLINICAL EXPERIENCE REQUIREMENTS- The study required by subsection (b) shall provide for an analysis of the requirements for clinical experience for a licensed mental health counselor to be recognized under regulations for the TRICARE program, and recommendations, if any, for standardization or adjustment of such requirements.CommentsClose CommentsPermalink
(4) INDEPENDENT PRACTICE UNDER OTHER FEDERAL PROGRAMS- The study required by subsection (b) shall provide for an assessment of the extent to which licensed mental health counselors are authorized to practice independently under other Federal programs (such as the Medicare program, the Department of Veterans Affairs, the Indian Health Service, and Head Start), and a review of the relationship, if any, between recognition of mental health professions under the Medicare program and independent practice authority for such profession under the TRICARE program.CommentsClose CommentsPermalink
(5) INDEPENDENT PRACTICE UNDER FEHBP- The study required by subsection (b) shall provide for an assessment of the extent to which licensed mental health counselors are authorized to practice independently under the Federal Employee Health Benefits Program and private insurance plans. The assessment shall identify the States having laws requiring private insurers to cover, or offer coverage of, the services of members of licensed mental health counselors and shall identify the conditions, if any, that are placed on coverage of practitioners under the profession by insurance plans and how frequently these types of conditions are used by insurers.CommentsClose CommentsPermalink
(6) HISTORICAL REVIEW OF REGULATIONS- The study required by subsection (b) shall provide for a review of the history of regulations prescribed by the Department of Defense regarding which members of the mental health profession are recognized as providers under the TRICARE program as independent practitioners, and an examination of the recognition by the Department of third-party certification for members of such profession.CommentsClose CommentsPermalink
(7) CLINICAL CAPABILITIES STUDIES- The study required by subsection (b) shall include a review of outcome studies and of the literature regarding the comparative quality and effectiveness of care provided by licensed mental health counselors and provide an independent review of the findings.CommentsClose CommentsPermalink
(d) Recommendations for TRICARE Independent Practice Authority- The recommendations provided under subsection (b)(2) shall include recommendations regarding modifications of current policy for the TRICARE program with respect to allowing licensed mental health counselors to practice independently under the TRICARE program.CommentsClose CommentsPermalink
(e) Report- Not later than March 1, 2009, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review required by subsection (b).CommentsClose CommentsPermalink
SEC. 718. REPORT ON FUNDING OF THE DEPARTMENT OF DEFENSE FOR HEALTH CARE.
(a) Report- If the President submits to Congress the budget for a fiscal year under
(1) the reasons for the determination that inclusion of a lesser aggregate amount or allocation to any military department is in the national interest; andCommentsClose CommentsPermalink
(2) the anticipated effects of the inclusion of such lesser aggregate amount or allocation to any military department on the access to and delivery of medical and support services to members of the Armed Forces and their family members.CommentsClose CommentsPermalink
(b) Termination- The section shall not be in effect after December 31, 2017.CommentsClose CommentsPermalink
Subtitle C--Other Matters
SEC. 721. PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND DENTAL POSITIONS TO CIVILIAN MEDICAL AND DENTAL POSITIONS.
(a) Prohibition- The Secretary of a military department may not convert any military medical or dental position to a civilian medical or dental position during the period beginning on October 1, 2007, and ending on September 30, 2012.CommentsClose CommentsPermalink
(b) Restoration of Certain Positions to Military Positions- In the case of any military medical or dental position that is converted to a civilian medical or dental position during the period beginning on October 1, 2004, and ending on September 30, 2008, if the position is not filled by a civilian by September 30, 2008, the Secretary of the military department concerned shall restore the position to a military medical or dental position that can be filled only by a member of the Armed Forces who is a health professional.CommentsClose CommentsPermalink
(c) Report-CommentsClose CommentsPermalink
(1) REQUIREMENT- The Secretary of Defense shall submit to the congressional defense committees a report on conversions made during fiscal year 2007 not later than 180 days after the enactment of this Act.CommentsClose CommentsPermalink
(2) MATTERS COVERED- The report shall include the following:CommentsClose CommentsPermalink
(A) The number of military medical or dental positions, by grade or band and specialty, converted to civilian medical or dental positions.CommentsClose CommentsPermalink
(B) The results of a market survey in each affected area of the availability of civilian medical and dental care providers in such area in order to determine whether there were civilian medical and dental care providers available in such area adequate to fill the civilian positions created by the conversion of military medical and dental positions to civilian positions in such area.CommentsClose CommentsPermalink
(C) An analysis, by affected area, showing the extent to which access to health care and cost of health care was affected in both the direct care and purchased care systems, including an assessment of the effect of any increased shifts in patient load from the direct care to the purchased care system, or any delays in receipt of care in either the direct or purchased care system because of the conversions.CommentsClose CommentsPermalink
(D) The extent to which military medical and dental positions converted to civilian medical or dental positions affected recruiting and retention of uniformed medical and dental personnel.CommentsClose CommentsPermalink
(E) A comparison of the full costs for the military medical and dental positions converted with the full costs for civilian medical and dental positions, including expenses such as recruiting, salary, benefits, training, and any other costs the Department identifies.CommentsClose CommentsPermalink
(F) An assessment showing that the military medical or dental positions converted were in excess of the military medical and dental positions needed to meet medical and dental readiness requirements of the uniformed services, as determined jointly by all the uniformed services.CommentsClose CommentsPermalink
(d) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term `military medical or dental position' means a position for the performance of health care functions within the Armed Forces held by a member of the Armed Forces.CommentsClose CommentsPermalink
(2) The term `civilian medical or dental position' means a position for the performance of health care functions within the Department of Defense held by an employee of the Department or of a contractor of the Department.CommentsClose CommentsPermalink
(3) The term `uniformed services' has the meaning given that term in
(4) The term `conversion', with respect to a military medical or dental position, means a change of the position to a civilian medical or dental position, effective as of the date of the manning authorization document of the military department making the change (through a change in designation from military to civilian in the document, the elimination of the listing of the position as a military position in the document, or through any other means indicating the change in the document or otherwise).CommentsClose CommentsPermalink
(e) Repeal- Section 742 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
SEC. 722. ESTABLISHMENT OF JOINT PATHOLOGY CENTER.
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) The Secretary of Defense proposed to disestablish all elements of the Armed Forces Institute of Pathology, except the National Medical Museum and the Tissue Repository, as part of the recommendations of the Secretary for the closure of Walter Reed Army Medical Center in the 2005 round of defense base closure and realignment.CommentsClose CommentsPermalink
(2) The Defense Base Closure and Realignment Commission altered, but did not reject, the proposal of the Secretary of Defense to disestablish the Armed Forces Institute of Pathology.CommentsClose CommentsPermalink
(3) The Commission's recommendation that the Armed Forces Institute of Pathology's `capabilities not specified in this recommendation will be absorbed into other DOD, Federal, or civilian facilities' provides the flexibility to retain a Joint Pathology Center as a Department of Defense or Federal entity.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that the Armed Forces Institute of Pathology has provided important medical benefits to the Armed Forces and to the United States and that the Federal Government should retain a Joint Pathology Center.CommentsClose CommentsPermalink
(c) Establishment-CommentsClose CommentsPermalink
(1) ESTABLISHMENT REQUIRED- The President shall establish and maintain a Joint Pathology Center that shall function as the reference center in pathology for the Federal Government.CommentsClose CommentsPermalink
(2) ESTABLISHMENT WITHIN DOD- Except as provided in paragraph (3), the Joint Pathology Center shall be established in the Department of Defense, consistent with the final recommendations of the 2005 Defense Base Closure and Realignment Commission, as approved by the President.CommentsClose CommentsPermalink
(3) ESTABLISHMENT IN ANOTHER DEPARTMENT- If the President makes a determination, within 180 days after the date of the enactment of this Act, that the Joint Pathology Center cannot be established in the Department of Defense, the Joint Pathology Center shall be established as an element of a Federal agency other than the Department of Defense. The President shall incorporate the selection of such agency into the determination made under this paragraph.CommentsClose CommentsPermalink
(d) Services- The Joint Pathology Center shall provide, at a minimum, the following:CommentsClose CommentsPermalink
(1) Diagnostic pathology consultation services in medicine, dentistry, and veterinary sciences.CommentsClose CommentsPermalink
(2) Pathology education, to include graduate medical education, including residency and fellowship programs, and continuing medical education.CommentsClose CommentsPermalink
(3) Diagnostic pathology research.CommentsClose CommentsPermalink
(4) Maintenance and continued modernization of the Tissue Repository and, as appropriate, utilization of the Repository in conducting the activities described in paragraphs (1) through (3).CommentsClose CommentsPermalink
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Sec. 800. Short title.CommentsClose CommentsPermalink
Subtitle A--Acquisition Policy and Management
Sec. 801. Internal controls for procurements on behalf of the Department of Defense by certain non-Defense agencies.CommentsClose CommentsPermalink
Sec. 802. Lead systems integrators.CommentsClose CommentsPermalink
Sec. 803. Reinvestment in domestic sources of strategic materials.CommentsClose CommentsPermalink
Sec. 804. Clarification of the protection of strategic materials critical to national security.CommentsClose CommentsPermalink
Sec. 805. Procurement of commercial services.CommentsClose CommentsPermalink
Sec. 806. Specification of amounts requested for procurement of contract services.CommentsClose CommentsPermalink
Sec. 807. Inventories and reviews of contracts for services.CommentsClose CommentsPermalink
Sec. 808. Independent management reviews of contracts for services.CommentsClose CommentsPermalink
Sec. 809. Implementation and enforcement of requirements applicable to undefinitized contractual actions.CommentsClose CommentsPermalink
Sec. 810. Clarification of limited acquisition authority for Special Operations Command.CommentsClose CommentsPermalink
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
Sec. 811. Requirements applicable to multiyear contracts for the procurement of major systems of the Department of Defense.CommentsClose CommentsPermalink
Sec. 812. Changes to Milestone B certifications.CommentsClose CommentsPermalink
Sec. 813. Comptroller General report on Department of Defense organization and structure for major defense acquisition programs.CommentsClose CommentsPermalink
Sec. 814. Clarification of submission of cost or pricing data on noncommercial modifications of commercial items.CommentsClose CommentsPermalink
Sec. 815. Clarification of rules regarding the procurement of commercial items.CommentsClose CommentsPermalink
Sec. 816. Review of systemic deficiencies on major defense acquisition programs.CommentsClose CommentsPermalink
Sec. 817. Investment strategy for major defense acquisition programs.CommentsClose CommentsPermalink
Sec. 818. Report on implementation of recommendations on total ownership cost for major weapon systems.CommentsClose CommentsPermalink
Subtitle C--Amendments to General Contracting Authorities, Procedures, and Limitations
Sec. 821. Plan for restricting Government-unique contract clauses on commercial contracts.CommentsClose CommentsPermalink
Sec. 822. Extension of authority for use of simplified acquisition procedures for certain commercial items.CommentsClose CommentsPermalink
Sec. 823. Five-year extension of authority to carry out certain prototype projects.CommentsClose CommentsPermalink
Sec. 824. Exemption of Special Operations Command from certain requirements for certain contracts relating to vessels, aircraft, and combat vehicles.CommentsClose CommentsPermalink
Sec. 825. Provision of authority to maintain equipment to unified combatant command for joint warfighting.CommentsClose CommentsPermalink
Sec. 826. Market research.CommentsClose CommentsPermalink
Sec. 827. Modification of competition requirements for purchases from Federal Prison Industries.CommentsClose CommentsPermalink
Sec. 828. Multiyear contract authority for electricity from renewable energy sources.CommentsClose CommentsPermalink
Sec. 829. Procurement of fire resistant rayon fiber for the production of uniforms from foreign sources.CommentsClose CommentsPermalink
Sec. 830. Comptroller General review of noncompetitive awards of congressional and executive branch interest items.CommentsClose CommentsPermalink
Subtitle D--Accountability in Contracting
Sec. 841. Commission on Wartime Contracting in Iraq and Afghanistan.CommentsClose CommentsPermalink
Sec. 842. Investigation of waste, fraud, and abuse in wartime contracts and contracting processes in Iraq and Afghanistan.CommentsClose CommentsPermalink
Sec. 843. Enhanced competition requirements for task and delivery order contracts.CommentsClose CommentsPermalink
Sec. 844. Public disclosure of justification and approval documents for noncompetitive contracts.CommentsClose CommentsPermalink
Sec. 845. Disclosure of government contractor audit findings.CommentsClose CommentsPermalink
Sec. 846. Protection for contractor employees from reprisal for disclosure of certain information.CommentsClose CommentsPermalink
Sec. 847. Requirements for senior Department of Defense officials seeking employment with defense contractors.CommentsClose CommentsPermalink
Sec. 848. Report on contractor ethics programs of Major Defense contractors.CommentsClose CommentsPermalink
Sec. 849. Contingency contracting training for personnel outside the acquisition workforce and evaluations of Army Commission recommendations.CommentsClose CommentsPermalink
Subtitle E--Acquisition Workforce Provisions
Sec. 851. Requirement for section on defense acquisition workforce in strategic human capital plan.CommentsClose CommentsPermalink
Sec. 852. Department of Defense Acquisition Workforce Development Fund.CommentsClose CommentsPermalink
Sec. 853. Extension of authority to fill shortage category positions for certain Federal acquisition positions.CommentsClose CommentsPermalink
Sec. 854. Repeal of sunset of acquisition workforce training fund.CommentsClose CommentsPermalink
Sec. 855. Federal acquisition workforce improvements.CommentsClose CommentsPermalink
Subtitle F--Contracts in Iraq and Afghanistan
Sec. 861. Memorandum of understanding on matters relating to contracting.CommentsClose CommentsPermalink
Sec. 862. Contractors performing private security functions in areas of combat operations.CommentsClose CommentsPermalink
Sec. 863. Comptroller General reviews and reports on contracting in Iraq and Afghanistan.CommentsClose CommentsPermalink
Sec. 864. Definitions and other general provisions.CommentsClose CommentsPermalink
Subtitle G--Defense Materiel Readiness Board
Sec. 871. Establishment of Defense Materiel Readiness Board.CommentsClose CommentsPermalink
Sec. 872. Critical materiel readiness shortfalls.CommentsClose CommentsPermalink
Subtitle H--Other Matters
Sec. 881. Clearinghouse for rapid identification and dissemination of commercial information technologies.CommentsClose CommentsPermalink
Sec. 882. Authority to license certain military designations and likenesses of weapons systems to toy and hobby manufacturers.CommentsClose CommentsPermalink
Sec. 883. Modifications to limitation on contracts to acquire military flight simulator.CommentsClose CommentsPermalink
Sec. 884. Requirements relating to waivers of certain domestic source limitations relating to specialty metals.CommentsClose CommentsPermalink
Sec. 885. Telephone services for military personnel serving in combat zones.CommentsClose CommentsPermalink
Sec. 886. Enhanced authority to acquire products and services produced in Iraq and Afghanistan.CommentsClose CommentsPermalink
Sec. 887. Defense Science Board review of Department of Defense policies and procedures for the acquisition of information technology.CommentsClose CommentsPermalink
Sec. 888. Green procurement policy.CommentsClose CommentsPermalink
Sec. 889. Comptroller General review of use of authority under the Defense Production Act of 1950.CommentsClose CommentsPermalink
Sec. 890. Prevention of export control violations.CommentsClose CommentsPermalink
Sec. 891. Procurement goal for Native Hawaiian-serving institutions and Alaska Native-serving institutions.CommentsClose CommentsPermalink
Sec. 892. Competition for procurement of small arms supplied to Iraq and Afghanistan.CommentsClose CommentsPermalink
SEC. 800. SHORT TITLE.
This title may be cited as the `Acquisition Improvement and Accountability Act of 2007'.CommentsClose CommentsPermalink
Subtitle A--Acquisition Policy and Management
SEC. 801. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE DEPARTMENT OF DEFENSE BY CERTAIN NON-DEFENSE AGENCIES.
(a) Inspectors General Reviews and Determinations-CommentsClose CommentsPermalink
(1) IN GENERAL- For each covered non-defense agency, the Inspector General of the Department of Defense and the Inspector General of such covered non-defense agency shall, not later than the date specified in paragraph (2), jointly--CommentsClose CommentsPermalink
(A) review--CommentsClose CommentsPermalink
(i) the procurement policies, procedures, and internal controls of such covered non-defense agency that are applicable to the procurement of property and services on behalf of the Department by such covered non-defense agency; andCommentsClose CommentsPermalink
(ii) the administration of such policies, procedures, and internal controls; andCommentsClose CommentsPermalink
(B) determine in writing whether such covered non-defense agency is or is not compliant with defense procurement requirements.CommentsClose CommentsPermalink
(2) DEADLINE FOR REVIEWS AND DETERMINATIONS- The reviews and determinations required by paragraph (1) shall take place as follows:CommentsClose CommentsPermalink
(A) In the case of the General Services Administration, by not later than March 15, 2010.CommentsClose CommentsPermalink
(B) In the case of each of the Department of the Treasury, the Department of the Interior, and the National Aeronautics and Space Administration, by not later than March 15, 2011.CommentsClose CommentsPermalink
(C) In the case of each of the Department of Veterans Affairs and the National Institutes of Health, by not later than March 15, 2012.CommentsClose CommentsPermalink
(3) SEPARATE REVIEWS AND DETERMINATIONS- The Inspector General of the Department of Defense and the Inspector General of a covered non-defense agency may by joint agreement conduct separate reviews of the procurement of property and services on behalf of the Department of Defense that are conducted by separate business units, or under separate government-wide acquisition contracts, of the covered non-defense agency. If such separate reviews are conducted, the Inspectors General shall make a separate determination under paragraph (1)(B) with respect to each such separate review.CommentsClose CommentsPermalink
(4) MEMORANDA OF UNDERSTANDING FOR REVIEWS AND DETERMINATIONS- Not later than one year before a review and determination is required under this subsection with respect to a covered non-defense agency, the Inspector General of the Department of Defense and the Inspector General of the covered non-defense agency shall enter into a memorandum of understanding with each other to carry out such review and determination.CommentsClose CommentsPermalink
(5) TERMINATION OF NON-COMPLIANCE DETERMINATION- If the Inspector General of the Department of Defense and the Inspector General of a covered non-defense agency determine, pursuant to paragraph (1)(B), that a covered non-defense agency is not compliant with defense procurement requirements, the Inspectors General shall terminate such a determination effective on the date on which the Inspectors General jointly--CommentsClose CommentsPermalink
(A) determine that the non-defense agency is compliant with defense procurement requirements; andCommentsClose CommentsPermalink
(B) notify the Secretary of Defense of that determination.CommentsClose CommentsPermalink
(6) RESOLUTION OF DISAGREEMENTS- If the Inspector General of the Department of Defense and the Inspector General of a covered non-defense agency are unable to agree on a joint determination under this subsection, a determination by the Inspector General of the Department of Defense under this subsection shall be conclusive for the purposes of this section.CommentsClose CommentsPermalink
(b) Limitation on Procurements on Behalf of Department of Defense-CommentsClose CommentsPermalink
(1) Except as provided in paragraph (2), an acquisition official of the Department of Defense may place an order, make a purchase, or otherwise procure property or services for the Department of Defense in excess of the simplified acquisition threshold through a non-defense agency only if--CommentsClose CommentsPermalink
(A) in the case of a procurement by any non-defense agency in any fiscal year, the head of the non-defense agency has certified that the non-defense agency will comply with defense procurement requirements for the fiscal year;CommentsClose CommentsPermalink
(B) in the case of--CommentsClose CommentsPermalink
(i) a procurement by a covered non-defense agency in a fiscal year for which a memorandum of understanding is required by subsection (a)(4), the Inspector General of the Department of Defense and the Inspector General of the covered non-defense agency have entered into such a memorandum of understanding; orCommentsClose CommentsPermalink
(ii) a procurement by a covered non-defense agency in a fiscal year following the Inspectors General review and determination required by subsection (a), the Inspectors General have determined that a covered non-defense agency is compliant with defense procurement requirements or have terminated a prior determination of non-compliance in accordance with subsection (a)(5); andCommentsClose CommentsPermalink
(C) the procurement is not otherwise prohibited by section 817 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(2) EXCEPTION FOR PROCUREMENTS OF NECESSARY PROPERTY AND SERVICES-CommentsClose CommentsPermalink
(A) IN GENERAL- The limitation in paragraph (1) shall not apply to the procurement of property and services on behalf of the Department of Defense by a non-defense agency during any fiscal year for which there is in effect a written determination of the Under Secretary of Defense for Acquisition, Technology, and Logistics that it is necessary in the interest of the Department of Defense to procure property and services through the non-defense agency during such fiscal year.CommentsClose CommentsPermalink
(B) SCOPE OF PARTICULAR EXCEPTION- A written determination with respect to a non-defense agency under subparagraph (A) shall apply to any category of procurements through the non-defense agency that is specified in the determination.CommentsClose CommentsPermalink
(c) Guidance on Interagency Contracting-CommentsClose CommentsPermalink
(1) REQUIREMENT- Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall issue guidance on the use of interagency contracting by the Department of Defense.CommentsClose CommentsPermalink
(2) MATTERS COVERED- The guidance required by paragraph (1) shall address the circumstances in which it is appropriate for Department of Defense acquisition officials to procure goods or services through a contract entered into by an agency outside the Department of Defense. At a minimum, the guidance shall address--CommentsClose CommentsPermalink
(A) the circumstances in which it is appropriate for such acquisition officials to use direct acquisitions;CommentsClose CommentsPermalink
(B) the circumstances in which it is appropriate for such acquisition officials to use assisted acquisitions;CommentsClose CommentsPermalink
(C) the circumstances in which it is appropriate for such acquisition officials to use interagency contracting to acquire items unique to the Department of Defense and the procedures for approving such interagency contracting;CommentsClose CommentsPermalink
(D) the circumstances in which it is appropriate for such acquisition officials to use interagency contracting to acquire items that are already being provided under a contract awarded by the Department of Defense;CommentsClose CommentsPermalink
(E) tools that should be used by such acquisition officials to determine whether items are already being provided under a contract awarded by the Department of Defense; andCommentsClose CommentsPermalink
(F) procedures for ensuring that defense procurement requirements are identified and communicated to outside agencies involved in interagency contracting.CommentsClose CommentsPermalink
(d) Compliance With Defense Procurement Requirements- For the purposes of this section, a non-defense agency is compliant with defense procurement requirements if the procurement policies, procedures, and internal controls of the non-defense agency applicable to the procurement of products and services on behalf of the Department of Defense, and the manner in which they are administered, are adequate to ensure the compliance of the non-defense agency with the requirements of laws and regulations (including applicable Department of Defense financial management regulations) that apply to procurements of property and services made directly by the Department of Defense.CommentsClose CommentsPermalink
(e) Treatment of Procurements for Fiscal Year Purposes- For the purposes of this section, a procurement shall be treated as being made during a particular fiscal year to the extent that funds are obligated by the Department of Defense for the procurement in that fiscal year.CommentsClose CommentsPermalink
(f) Definitions- In this section:CommentsClose CommentsPermalink
(1) NON-DEFENSE AGENCY- The term `non-defense agency' means any department or agency of the Federal Government other than the Department of Defense. Such term includes a covered non-defense agency.CommentsClose CommentsPermalink
(2) COVERED NON-DEFENSE AGENCY- The term `covered non-defense agency' means each of the following:CommentsClose CommentsPermalink
(A) The General Services Administration.CommentsClose CommentsPermalink
(B) The Department of the Treasury.CommentsClose CommentsPermalink
(C) The Department of the Interior.CommentsClose CommentsPermalink
(D) The National Aeronautics and Space Administration.CommentsClose CommentsPermalink
(E) The Department of Veterans Affairs.CommentsClose CommentsPermalink
(F) The National Institutes of Health.CommentsClose CommentsPermalink
(3) GOVERNMENT-WIDE ACQUISITION CONTRACT- The term `government-wide acquisition contract' means a task or delivery order contract that--CommentsClose CommentsPermalink
(A) is entered into by a non-defense agency; andCommentsClose CommentsPermalink
(B) may be used as the contract under which property or services are procured for one or more other departments or agencies of the Federal Government.CommentsClose CommentsPermalink
(4) SIMPLIFIED ACQUISITION THRESHOLD- The term `simplified acquisition threshold' has the meaning provided by
(5) INTERAGENCY CONTRACTING- The term `interagency contracting' means the exercise of the authority under
(6) ACQUISITION OFFICIAL- The term `acquisition official', with respect to the Department of Defense, means--CommentsClose CommentsPermalink
(A) a contracting officer of the Department of Defense; orCommentsClose CommentsPermalink
(B) any other Department of Defense official authorized to approve a direct acquisition or an assisted acquisition on behalf of the Department of Defense.CommentsClose CommentsPermalink
(7) DIRECT ACQUISITION- The term `direct acquisition', with respect to the Department of Defense, means the type of interagency contracting through which the Department of Defense orders an item or service from a government-wide acquisition contract maintained by a non-defense agency.CommentsClose CommentsPermalink
(8) ASSISTED ACQUISITION- The term `assisted acquisition', with respect to the Department of Defense, means the type of interagency contracting through which acquisition officials of a non-defense agency award a contract or task or delivery order for the procurement of goods or services on behalf of the Department of Defense.CommentsClose CommentsPermalink
SEC. 802. LEAD SYSTEMS INTEGRATORS.
(a) Prohibitions on the Use of Lead Systems Integrators-CommentsClose CommentsPermalink
(1) PROHIBITION ON NEW LEAD SYSTEMS INTEGRATORS- Effective October 1, 2010, the Department of Defense may not award a new contract for lead systems integrator functions in the acquisition of a major system to any entity that was not performing lead systems integrator functions in the acquisition of the major system prior to the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) PROHIBITION ON LEAD SYSTEMS INTEGRATORS BEYOND LOW-RATE INITIAL PRODUCTION- Effective on the date of the enactment of this Act, the Department of Defense may award a new contract for lead systems integrator functions in the acquisition of a major system only if--CommentsClose CommentsPermalink
(A) the major system has not yet proceeded beyond low-rate initial production; orCommentsClose CommentsPermalink
(B) the Secretary of Defense determines in writing that it would not be practicable to carry out the acquisition without continuing to use a contractor to perform lead systems integrator functions and that doing so is in the best interest of the Department.CommentsClose CommentsPermalink
(3) REQUIREMENTS RELATING TO DETERMINATIONS- A determination under paragraph (2)(B)--CommentsClose CommentsPermalink
(A) shall specify the reasons why it would not be practicable to carry out the acquisition without continuing to use a contractor to perform lead systems integrator functions (including a discussion of alternatives, such as the use of the Department of Defense workforce, or a system engineering and technical assistance contractor);CommentsClose CommentsPermalink
(B) shall include a plan for phasing out the use of contracted lead systems integrator functions over the shortest period of time consistent with the interest of the national defense;CommentsClose CommentsPermalink
(C) may not be delegated below the level of the Under Secretary of Defense for Acquisition, Technology, and Logistics; andCommentsClose CommentsPermalink
(D) shall be provided to the Committees on Armed Services of the Senate and the House of Representatives at least 45 days before the award of a contract pursuant to the determination.CommentsClose CommentsPermalink
(b) Acquisition Workforce-CommentsClose CommentsPermalink
(1) REQUIREMENT- The Secretary of Defense shall ensure that the acquisition workforce is of the appropriate size and skill level necessary--CommentsClose CommentsPermalink
(A) to accomplish inherently governmental functions related to acquisition of major systems; andCommentsClose CommentsPermalink
(B) to effectuate the purpose of subsection (a) to minimize and eventually eliminate the use of contractors to perform lead systems integrator functions.CommentsClose CommentsPermalink
(2) REPORT- The Secretary shall include an update on the progress made in complying with paragraph (1) in the annual report required by section 820 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(c) Exception for Contracts for Other Management Services- The Department of Defense may continue to award contracts for the procurement of services the primary purpose of which is to perform acquisition support functions with respect to the development or production of a major system, if the following conditions are met with respect to each such contract:CommentsClose CommentsPermalink
(1) The contract prohibits the contractor from performing inherently governmental functions.CommentsClose CommentsPermalink
(2) The Department of Defense organization responsible for the development or production of the major system ensures that Federal employees are responsible for--CommentsClose CommentsPermalink
(A) determining courses of action to be taken in the best interest of the government; andCommentsClose CommentsPermalink
(B) determining best technical performance for the warfighter.CommentsClose CommentsPermalink
(3) The contract requires that the prime contractor for the contract may not advise or recommend the award of a contract or subcontract for the development or production of the major system to an entity owned in whole or in part by the prime contractor.CommentsClose CommentsPermalink
(d) Definitions- In this section:CommentsClose CommentsPermalink
(1) LEAD SYSTEMS INTEGRATOR- The term `lead systems integrator' means--CommentsClose CommentsPermalink
(A) a prime contractor for the development or production of a major system, if the prime contractor is not expected at the time of award to perform a substantial portion of the work on the system and the major subsystems; orCommentsClose CommentsPermalink
(B) a prime contractor under a contract for the procurement of services the primary purpose of which is to perform acquisition functions closely associated with inherently governmental functions with respect to the development or production of a major system.CommentsClose CommentsPermalink
(2) MAJOR SYSTEM- The term `major system' has the meaning given such term in
(3) LOW-RATE INITIAL PRODUCTION- The term `low-rate initial production' has the meaning given such term in
SEC. 803. REINVESTMENT IN DOMESTIC SOURCES OF STRATEGIC MATERIALS.
(a) Assessment Required- Not later than 180 days after the date of the enactment of this Act, the Strategic Materials Protection Board established pursuant to
(b) Cooperation of Domestic Producers- The Department of Defense may take into consideration the degree of cooperation of any domestic producer of strategic materials with the assessment conducted under subsection (a) when determining how much weight to accord any comments provided by such domestic producer regarding a proposed waiver of domestic source limitations pursuant to
(c) Report to Congressional Defense Committees- The Board shall include the findings and recommendations of the assessment required by subsection (a) in the first report submitted to Congress pursuant to
(d) Definition- The term `strategic material' means--CommentsClose CommentsPermalink
(1) a material designated as critical to national security by the Strategic Materials Protection Board in accordance with
(2) a specialty metal as defined by
SEC. 804. CLARIFICATION OF THE PROTECTION OF STRATEGIC MATERIALS CRITICAL TO NATIONAL SECURITY.
(a) Prohibition- Subsection (a) of
(1) by striking `Except as provided in subsections (b) through (j), funds appropriated or otherwise available to the Department of Defense may not be used for the procurement of--' and inserting `Except as provided in subsections (b) through (m), the acquisition by the Department of Defense of the following items is prohibited:';CommentsClose CommentsPermalink
(2) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking `the following' and inserting `The following'; andCommentsClose CommentsPermalink
(B) by striking `; or' and inserting a period; andCommentsClose CommentsPermalink
(3) in paragraph (2), by striking `a speciality' and inserting `A specialty'.CommentsClose CommentsPermalink
(b) Applicability to Acquisition of Commercial Items- Subsection (h) of such section is amended to read as follows:CommentsClose CommentsPermalink
`(h) Applicability to Acquisitions of Commercial Items- (1) Except as provided in paragraphs (2) and (3), this section applies to acquisitions of commercial items, notwithstanding sections 34 and 35 of the Office of Federal Procurement Policy Act (
`(2) This section does not apply to contracts or subcontracts for the acquisition of commercially available off-the-shelf items, as defined in section 35(c) of the Office of Federal Procurement Policy Act (
`(A) contracts or subcontracts for the acquisition of specialty metals, including mill products, such as bar, billet, slab, wire, plate and sheet, that have not been incorporated into end items, subsystems, assemblies, or components;CommentsClose CommentsPermalink
`(B) contracts or subcontracts for the acquisition of forgings or castings of specialty metals, unless such forgings or castings are incorporated into commercially available off-the-shelf end items, subsystems, or assemblies;CommentsClose CommentsPermalink
`(C) contracts or subcontracts for commercially available high performance magnets unless such high performance magnets are incorporated into commercially available off-the-shelf-end items or subsystems; andCommentsClose CommentsPermalink
`(D) contracts or subcontracts for commercially available off-the-shelf fasteners, unless such fasteners are--CommentsClose CommentsPermalink
`(i) incorporated into commercially available off-the-shelf end items, subsystems, assemblies, or components; orCommentsClose CommentsPermalink
`(ii) purchased as provided in paragraph (3).CommentsClose CommentsPermalink
`(3) This section does not apply to fasteners that are commercial items that are purchased under a contract or subcontract with a manufacturer of such fasteners, if the manufacturer has certified that it will purchase, during the relevant calendar year, an amount of domestically melted specialty metal, in the required form, for use in the production of such fasteners for sale to the Department of Defense and other customers, that is not less than 50 percent of the total amount of the specialty metal that it will purchase to carry out the production of such fasteners.'.CommentsClose CommentsPermalink
(c) Electronic Components- Subsection (g) of such section is amended by striking `commercially available' and all that follows through the end of the subsection and inserting `electronic components, unless the Secretary of Defense, upon the recommendation of the Strategic Materials Protection Board pursuant to section 187 of this title, determines that the domestic availability of a particular electronic component is critical to national security.'.CommentsClose CommentsPermalink
(d) Additional Exceptions-
(1) by redesignating subsections (i) and (j) as subsections (l) and (m), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (h) the following new subsections:CommentsClose CommentsPermalink
`(i) Exceptions for Purchases of Specialty Metals Below Minimum Threshold- (1) Notwithstanding subsection (a), the Secretary of Defense or the Secretary of a military department may accept delivery of an item containing specialty metals that were not melted in the United States if the total amount of noncompliant specialty metals in the item does not exceed 2 percent of the total weight of specialty metals in the item.CommentsClose CommentsPermalink
`(2) This subsection does not apply to high performance magnets.CommentsClose CommentsPermalink
`(j) Streamlined Compliance for Commercial Derivative Military Articles- (1) Subsection (a) shall not apply to an item acquired under a prime contract if the Secretary of Defense or the Secretary of a military department determines that--CommentsClose CommentsPermalink
`(A) the item is a commercial derivative military article; andCommentsClose CommentsPermalink
`(B) the contractor certifies that the contractor and its subcontractors have entered into a contractual agreement, or agreements, to purchase an amount of domestically melted specialty metal in the required form, for use during the period of contract performance in the production of the commercial derivative military article and the related commercial article, that is not less than the greater of--CommentsClose CommentsPermalink
`(i) an amount equivalent to 120 percent of the amount of specialty metal that is required to carry out the production of the commercial derivative military article (including the work performed under each subcontract); orCommentsClose CommentsPermalink
`(ii) an amount equivalent to 50 percent of the amount of specialty metal that is purchased by the contractor and its subcontractors for use during such period in the production of the commercial derivative military article and the related commercial article.CommentsClose CommentsPermalink
`(2) For the purposes of this subsection, the amount of specialty metal that is required to carry out the production of the commercial derivative military article includes specialty metal contained in any item, including commercially available off-the-shelf items, incorporated into such commercial derivative military article.CommentsClose CommentsPermalink
`(k) National Security Waiver- (1) Notwithstanding subsection (a), the Secretary of Defense may accept the delivery of an end item containing noncompliant materials if the Secretary determines in writing that acceptance of such end item is necessary to the national security interests of the United States.CommentsClose CommentsPermalink
`(2) A written determination under paragraph (1)--CommentsClose CommentsPermalink
`(A) may not be delegated below the level of the Deputy Secretary of Defense or the Under Secretary of Defense for Acquisition, Technology, and Logistics;CommentsClose CommentsPermalink
`(B) shall specify the quantity of end items to which the waiver applies and the time period over which the waiver applies; andCommentsClose CommentsPermalink
`(C) shall be provided to the congressional defense committees prior to making such a determination (except that in the case of an urgent national security requirement, such certification may be provided to the defense committees up to 7 days after it is made).CommentsClose CommentsPermalink
`(3)(A) In any case in which the Secretary makes a determination under paragraph (1), the Secretary shall determine whether or not the noncompliance was knowing and willful.CommentsClose CommentsPermalink
`(B) If the Secretary determines that the noncompliance was not knowing or willful, the Secretary shall ensure that the contractor or subcontractor responsible for the noncompliance develops and implements an effective plan to ensure future compliance.CommentsClose CommentsPermalink
`(C) If the Secretary determines that the noncompliance was knowing or willful, the Secretary shall--CommentsClose CommentsPermalink
`(i) require the development and implementation of a plan to ensure future compliance; andCommentsClose CommentsPermalink
`(ii) consider suspending or debarring the contractor or subcontractor until such time as the contractor or subcontractor has effectively addressed the issues that lead to such noncompliance.'.CommentsClose CommentsPermalink
(e) Additional Definitions- Subsection (m) of
`(3) The term `acquisition' has the meaning provided in section 4 of the Office of Federal Procurement Policy Act (
`(4) The term `required form' shall not apply to end items or to their components at any tier. The term `required form' means in the form of mill product, such as bar, billet, wire, slab, plate or sheet, and in the grade appropriate for the production of--CommentsClose CommentsPermalink
`(A) a finished end item delivered to the Department of Defense; orCommentsClose CommentsPermalink
`(B) a finished component assembled into an end item delivered to the Department of Defense.CommentsClose CommentsPermalink
`(5) The term `commercially available off-the-shelf', has the meaning provided in section 35(c) of the Office of Federal Procurement Policy Act (
`(6) The term `assemblies' means items forming a portion of a system or subsystem that can be provisioned and replaced as an entity and which incorporates multiple, replaceable parts.CommentsClose CommentsPermalink
`(7) The term `commercial derivative military article' means an item procured by the Department of Defense that is or will be produced using the same production facilities, a common supply chain, and the same or similar production processes that are used for the production of articles predominantly used by the general public or by nongovernmental entities for purposes other than governmental purposes.CommentsClose CommentsPermalink
`(8) The term `subsystem' means a functional grouping of items that combine to perform a major function within an end item, such as electrical power, attitude control, and propulsion.CommentsClose CommentsPermalink
`(9) The term `end item' means the final production product when assembled or completed, and ready for issue, delivery, or deployment.CommentsClose CommentsPermalink
`(10) The term `subcontract' includes a subcontract at any tier.'.CommentsClose CommentsPermalink
(f) Conforming Amendments-
(1) in subsection (c)--CommentsClose CommentsPermalink
(A) in the heading, by striking `Procurements' and inserting `Acquisitions'; andCommentsClose CommentsPermalink
(B) in paragraphs (1) and (2), by striking `Procurements' and inserting `Acquisitions';CommentsClose CommentsPermalink
(2) in subsection (d), by striking `procurement' each place it appears and inserting `acquisition'; andCommentsClose CommentsPermalink
(3) in subsections (f) and (g), by striking `procurements' each place it appears and inserting `acquisitions'.CommentsClose CommentsPermalink
(g) Implementation- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations on the implementation of this section and the amendments made by this section, including specific guidance on how thresholds established in subsections (h)(3), (i) and (j) of
(h) Revision of Domestic Nonavailability Determinations and Rules- No later than 180 days after the date of the enactment of this Act, any domestic nonavailability determination under
(1) an individual contract that was entered into before the date of the enactment of this Act; orCommentsClose CommentsPermalink
(2) an individual Department of Defense program, except to the extent that such domestic nonavailability determination applies to contracts entered into after the date of the enactment of this Act.CommentsClose CommentsPermalink
(i) Transparency Requirement for Commercially Available Off-the-Shelf Item Exception- The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives, not later than December 30, 2008, a report on the use of authority provided under subsection (h) of
SEC. 805. PROCUREMENT OF COMMERCIAL SERVICES.
(a) Regulations Required- Not later than 180 days after the date of the enactment of this Act , the Secretary of Defense shall modify the regulations of the Department of Defense for the procurement of commercial services for or on behalf of the Department of Defense.CommentsClose CommentsPermalink
(b) Applicability of Commercial Procedures-CommentsClose CommentsPermalink
(1) SERVICES OF A TYPE SOLD IN MARKETPLACE- The regulations modified pursuant to subsection (a) shall ensure that services that are not offered and sold competitively in substantial quantities in the commercial marketplace, but are of a type offered and sold competitively in substantial quantities in the commercial marketplace, may be treated as commercial items for purposes of
(2) INFORMATION SUBMITTED- To the extent necessary to make a determination under paragraph (1), the contracting officer may request the offeror to submit--CommentsClose CommentsPermalink
(A) prices paid for the same or similar commercial items under comparable terms and conditions by both government and commercial customers; andCommentsClose CommentsPermalink
(B) if the contracting officer determines that the information described in subparagraph (A) is not sufficient to determine the reasonableness of price, other relevant information regarding the basis for price or cost, including information on labor costs, material costs, and overhead rates.CommentsClose CommentsPermalink
(c) Time-and-Materials Contracts-CommentsClose CommentsPermalink
(1) COMMERCIAL ITEM ACQUISITIONS- The regulations modified pursuant to subsection (a) shall ensure that procedures applicable to time-and-materials contracts and labor-hour contracts for commercial item acquisitions may be used only for the following:CommentsClose CommentsPermalink
(A) Services procured for support of a commercial item, as described in section 4(12)(E) of the Office of Federal Procurement Policy Act (
(B) Emergency repair services.CommentsClose CommentsPermalink
(C) Any other commercial services only to the extent that the head of the agency concerned approves a determination in writing by the contracting officer that--CommentsClose CommentsPermalink
(i) the services to be acquired are commercial services as defined in section 4(12)(F) of the Office of Federal Procurement Policy Act (
(ii) if the services to be acquired are subject to subsection (b), the offeror of the services has submitted sufficient information in accordance with that subsection;CommentsClose CommentsPermalink
(iii) such services are commonly sold to the general public through use of time-and-materials or labor-hour contracts; andCommentsClose CommentsPermalink
(iv) the use of a time-and-materials or labor-hour contract type is in the best interest of the Government.CommentsClose CommentsPermalink
(2) NON-COMMERCIAL ITEM ACQUISITIONS- Nothing in this subsection shall be construed to preclude the use of procedures applicable to time-and-materials contracts and labor-hour contracts for non-commercial item acquisitions for the acquisition of any category of services.CommentsClose CommentsPermalink
SEC. 806. SPECIFICATION OF AMOUNTS REQUESTED FOR PROCUREMENT OF CONTRACT SERVICES.
(a) Specification of Amounts Requested- The budget justification materials submitted to Congress in support of the budget of the Department of Defense for any fiscal year after fiscal year 2009 shall identify clearly and separately the amounts requested in each budget account for the procurement of contract services.CommentsClose CommentsPermalink
(b) Information Provided- For each budget account, the materials submitted shall clearly identify--CommentsClose CommentsPermalink
(1) the amount requested for each Department of Defense component, installation, or activity; andCommentsClose CommentsPermalink
(2) the amount requested for each type of service to be provided.CommentsClose CommentsPermalink
(c) Contract Services Defined- In this section, the term `contract services'--CommentsClose CommentsPermalink
(1) means services from contractors; butCommentsClose CommentsPermalink
(2) excludes services relating to research and development and services relating to military construction.CommentsClose CommentsPermalink
SEC. 807. INVENTORIES AND REVIEWS OF CONTRACTS FOR SERVICES.
(a) Inventory Requirement-
(1) by redesignating subsection (d) as subsection (g);CommentsClose CommentsPermalink
(2) by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink
`(c) Inventory- (1) Not later than the end of the third quarter of each fiscal year, the Secretary of Defense shall submit to Congress an annual inventory of the activities performed during the preceding fiscal year pursuant to contracts for services for or on behalf of the Department of Defense. The entry for an activity on an inventory under this subsection shall include, for the fiscal year covered by such entry, the following:CommentsClose CommentsPermalink
`(A) The functions and missions performed by the contractor.CommentsClose CommentsPermalink
`(B) The contracting organization, the component of the Department of Defense administering the contract, and the organization whose requirements are being met through contractor performance of the function.CommentsClose CommentsPermalink
`(C) The funding source for the contract under which the function is performed by appropriation and operating agency.CommentsClose CommentsPermalink
`(D) The fiscal year for which the activity first appeared on an inventory under this section.CommentsClose CommentsPermalink
`(E) The number of full-time contractor employees (or its equivalent) paid for the performance of the activity.CommentsClose CommentsPermalink
`(F) A determination whether the contract pursuant to which the activity is performed is a personal services contract.CommentsClose CommentsPermalink
`(G) A summary of the data required to be collected for the activity under subsection (a).CommentsClose CommentsPermalink
`(2) The inventory required under this subsection shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
`(d) Public Availability of Inventories- Not later than 30 days after the date on which an inventory under subsection (c) is required to be submitted to Congress, the Secretary shall--CommentsClose CommentsPermalink
`(1) make the inventory available to the public; andCommentsClose CommentsPermalink
`(2) publish in the Federal Register a notice that the inventory is available to the public.CommentsClose CommentsPermalink
`(e) Review and Planning Requirements- Within 90 days after the date on which an inventory is submitted under subsection (c), the Secretary of the military department or head of the Defense Agency responsible for activities in the inventory shall--CommentsClose CommentsPermalink
`(1) review the contracts and activities in the inventory for which such Secretary or agency head is responsible;CommentsClose CommentsPermalink
`(2) ensure that--CommentsClose CommentsPermalink
`(A) each contract on the list that is a personal services contract has been entered into, and is being performed, in accordance with applicable statutory and regulatory requirements;CommentsClose CommentsPermalink
`(B) the activities on the list do not include any inherently governmental functions; andCommentsClose CommentsPermalink
`(C) to the maximum extent practicable, the activities on the list do not include any functions closely associated with inherently governmental functions;CommentsClose CommentsPermalink
`(3) identify activities that should be considered for conversion--CommentsClose CommentsPermalink
`(A) to performance by civilian employees of the Department of Defense pursuant to section 2463 of this title; orCommentsClose CommentsPermalink
`(B) to an acquisition approach that would be more advantageous to the Department of Defense; andCommentsClose CommentsPermalink
`(4) develop a plan to provide for appropriate consideration of the conversion of activities identified under paragraph (3) within a reasonable period of time.CommentsClose CommentsPermalink
`(f) Rule of Construction- Nothing in this section shall be construed to authorize the performance of personal services by a contractor except where expressly authorized by a provision of law other than this section.'; andCommentsClose CommentsPermalink
(3) by adding at the end of subsection (g) (as so redesignated) the following new paragraphs:CommentsClose CommentsPermalink
`(3) FUNCTION CLOSELY ASSOCIATED WITH INHERENTLY GOVERNMENTAL FUNCTIONS- The term `function closely associated with inherently governmental functions' has the meaning given that term in section 2383(b)(3) of this title.CommentsClose CommentsPermalink
`(4) INHERENTLY GOVERNMENTAL FUNCTIONS- The term `inherently governmental functions' has the meaning given that term in section 2383(b)(2) of this title.CommentsClose CommentsPermalink
`(5) PERSONAL SERVICES CONTRACT- The term `personal services contract' means a contract under which, as a result of its terms or conditions or the manner of its administration during performance, contractor personnel are subject to the relatively continuous supervision and control of one or more Government officers or employees, except that the giving of an order for a specific article or service, with the right to reject the finished product or result, is not the type of supervision or control that makes a contract a personal services contract.'.CommentsClose CommentsPermalink
(b) Effective Date-CommentsClose CommentsPermalink
(1) The amendments made by subsection (a) shall be effective upon the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) The first inventory required by
SEC. 808. INDEPENDENT MANAGEMENT REVIEWS OF CONTRACTS FOR SERVICES.
(a) Guidance and Instructions- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance, with detailed implementation instructions, for the Department of Defense to provide for periodic independent management reviews of contracts for services. The independent management review guidance and instructions issued pursuant to this subsection shall be designed to evaluate, at a minimum--CommentsClose CommentsPermalink
(1) contract performance in terms of cost, schedule, and requirements;CommentsClose CommentsPermalink
(2) the use of contracting mechanisms, including the use of competition, the contract structure and type, the definition of contract requirements, cost or pricing methods, the award and negotiation of task orders, and management and oversight mechanisms;CommentsClose CommentsPermalink
(3) the contractor's use, management, and oversight of subcontractors;CommentsClose CommentsPermalink
(4) the staffing of contract management and oversight functions; andCommentsClose CommentsPermalink
(5) the extent of any pass-throughs, and excessive pass-through charges (as defined in section 852 of the John Warner National Defense Authorization Act for Fiscal Year 2007), by the contractor.CommentsClose CommentsPermalink
(b) Additional Subject of Review- In addition to the matters required by subsection (a), the guidance and instructions issued pursuant to subsection (a) shall provide for procedures for the periodic review of contracts under which one contractor provides oversight for services performed by other contractors. In particular, the procedures shall be designed to evaluate, at a minimum--CommentsClose CommentsPermalink
(1) the extent of the agency's reliance on the contractor to perform acquisition functions closely associated with inherently governmental functions as defined in
(2) the financial interest of any prime contractor performing acquisition functions described in paragraph (1) in any contract or subcontract with regard to which the contractor provided advice or recommendations to the agency.CommentsClose CommentsPermalink
(c) Elements- The guidance and instructions issued pursuant to subsection (a) shall address, at a minimum--CommentsClose CommentsPermalink
(1) the contracts subject to independent management reviews, including any applicable thresholds and exceptions;CommentsClose CommentsPermalink
(2) the frequency with which independent management reviews shall be conducted;CommentsClose CommentsPermalink
(3) the composition of teams designated to perform independent management reviews;CommentsClose CommentsPermalink
(4) any phase-in requirements needed to ensure that qualified staff are available to perform independent management reviews;CommentsClose CommentsPermalink
(5) procedures for tracking the implementation of recommendations made by independent management review teams; andCommentsClose CommentsPermalink
(6) procedures for developing and disseminating lessons learned from independent management reviews.CommentsClose CommentsPermalink
(c) Reports-CommentsClose CommentsPermalink
(1) REPORT ON GUIDANCE AND INSTRUCTION- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the guidance and instructions issued pursuant to subsection (a).CommentsClose CommentsPermalink
(2) GAO REPORT ON IMPLEMENTATION- Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the implementation of the guidance and instructions issued pursuant to subsection (a).CommentsClose CommentsPermalink
SEC. 809. IMPLEMENTATION AND ENFORCEMENT OF REQUIREMENTS APPLICABLE TO UNDEFINITIZED CONTRACTUAL ACTIONS.
(a) Guidance and Instructions- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance, with detailed implementation instructions, for the Department of Defense to ensure the implementation and enforcement of requirements applicable to undefinitized contractual actions.CommentsClose CommentsPermalink
(b) Elements- The guidance and instructions issued pursuant to subsection (a) shall address, at a minimum--CommentsClose CommentsPermalink
(1) the circumstances in which it is, and is not, appropriate for Department of Defense officials to use undefinitized contractual actions;CommentsClose CommentsPermalink
(2) approval requirements (including thresholds) for the use of undefinitized contractual actions;CommentsClose CommentsPermalink
(3) procedures for ensuring that timelines for the definitization of undefinitized contractual actions are met;CommentsClose CommentsPermalink
(4) procedures for ensuring compliance with regulatory limitations on the obligation of funds pursuant to undefinitized contractual actions;CommentsClose CommentsPermalink
(5) procedures for ensuring compliance with regulatory limitations on profit or fee with respect to costs incurred before the definitization of an undefinitized contractual action; andCommentsClose CommentsPermalink
(6) reporting requirements for undefinitized contractual actions that fail to meet required timelines for definitization or fail to comply with regulatory limitations on the obligation of funds or on profit or fee.CommentsClose CommentsPermalink
(c) Reports-CommentsClose CommentsPermalink
(1) REPORT ON GUIDANCE AND INSTRUCTIONS- Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the guidance and instructions issued pursuant to subsection (a).CommentsClose CommentsPermalink
(2) GAO REPORT- Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the extent to which the guidance and instructions issued pursuant to subsection (a) have resulted in improvements to--CommentsClose CommentsPermalink
(A) the level of insight that senior Department of Defense officials have into the use of undefinitized contractual actions;CommentsClose CommentsPermalink
(B) the appropriate use of undefinitized contractual actions;CommentsClose CommentsPermalink
(C) the timely definitization of undefinitized contractual actions; andCommentsClose CommentsPermalink
(D) the negotiation of appropriate profits and fees for undefinitized contractual actions.CommentsClose CommentsPermalink
SEC. 810. CLARIFICATION OF LIMITED ACQUISITION AUTHORITY FOR SPECIAL OPERATIONS COMMAND.
(1) by redesignating subparagraph (C) as subparagraph (D); andCommentsClose CommentsPermalink
(2) by inserting after subparagraph (B) the following new subparagraph:CommentsClose CommentsPermalink
`(C)(i) The staff of the commander shall include a command acquisition executive, who shall be responsible for the overall supervision of acquisition matters for the special operations command. The command acquisition executive shall have the authority to--CommentsClose CommentsPermalink
`(I) negotiate memoranda of agreement with the military departments to carry out the acquisition of equipment, material, supplies, and services described in subparagraph (A) on behalf of the command;CommentsClose CommentsPermalink
`(II) supervise the acquisition of equipment, material, supplies, and services described in subparagraph (A), regardless of whether such acquisition is carried out by the command, or by a military department pursuant to a delegation of authority by the command;CommentsClose CommentsPermalink
`(III) represent the command in discussions with the military departments regarding acquisition programs for which the command is a customer; andCommentsClose CommentsPermalink
`(IV) work with the military departments to ensure that the command is appropriately represented in any joint working group or integrated product team regarding acquisition programs for which the command is a customer.CommentsClose CommentsPermalink
`(ii) The command acquisition executive of the special operations command shall be included on the distribution list for acquisition directives and instructions of the Department of Defense.'.CommentsClose CommentsPermalink
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
SEC. 811. REQUIREMENTS APPLICABLE TO MULTIYEAR CONTRACTS FOR THE PROCUREMENT OF MAJOR SYSTEMS OF THE DEPARTMENT OF DEFENSE.
(a) Additional Requirements Applicable to Multiyear Contracts-
(1) Subsection (a) of such section is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(7) In the case of a contract in an amount equal to or greater than $500,000,000, that the conditions required by subparagraphs (C) through (F) of paragraph (1) of subsection (i) will be met, in accordance with the Secretary's certification and determination under such subsection, by such contract.'.CommentsClose CommentsPermalink
(2) Subsection (i)(1) of such section is amended by inserting after `unless' the following: `the Secretary of Defense certifies in writing by no later than March 1 of the year in which the Secretary requests legislative authority to enter into such contract that'.CommentsClose CommentsPermalink
(3) Subsection (i)(1) of such section is further amended--CommentsClose CommentsPermalink
(A) by redesignating subparagraph (B) as subparagraph (G); andCommentsClose CommentsPermalink
(B) by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink
`(A) The Secretary has determined that each of the requirements in paragraphs (1) through (6) of subsection (a) will be met by such contract and has provided the basis for such determination to the congressional defense committees.CommentsClose CommentsPermalink
`(B) The Secretary's determination under subparagraph (A) was made after the completion of a cost analysis performed by the Cost Analysis Improvement Group of the Department of Defense and such analysis supports the findings.CommentsClose CommentsPermalink
`(C) The system being acquired pursuant to such contract has not been determined to have experienced cost growth in excess of the critical cost growth threshold pursuant to section 2433(d) of this title within 5 years prior to the date the Secretary anticipates such contract (or a contract for advance procurement entered into consistent with the authorization for such contract) will be awarded.CommentsClose CommentsPermalink
`(D) A sufficient number of end items of the system being acquired under such contract have been delivered at or within the most current estimates of the program acquisition unit cost or procurement unit cost for such system to determine that current estimates of such unit costs are realistic.CommentsClose CommentsPermalink
`(E) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program for such fiscal year will include the funding required to execute the program without cancellation.CommentsClose CommentsPermalink
`(F) The contract is a fixed price type contract.'.CommentsClose CommentsPermalink
(4) Subsection (i) of such section is further amended by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
`(5) The Secretary may make the certification under paragraph (1) notwithstanding the fact that one or more of the conditions of such certification are not met if the Secretary determines that, due to exceptional circumstances, proceeding with a multiyear contract under this section is in the best interest of the Department of Defense and the Secretary provides the basis for such determination with the certification.CommentsClose CommentsPermalink
`(6) The Secretary of Defense may not delegate the authority to make the certification under paragraph (1) or the determination under paragraph (5) to an official below the level of Under Secretary of Defense for Acquisition, Technology, and Logistics.CommentsClose CommentsPermalink
`(7) The Secretary of Defense shall send a notification containing the findings of the agency head under subsection (a), and the basis for such findings, 30 days prior to the award of a multiyear contract for a defense acquisition program that has been specifically authorized by law.'.CommentsClose CommentsPermalink
(5) Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(m) Increased Funding and Reprogramming Requests- Any request for increased funding for the procurement of a major system under a multiyear contract authorized under this section shall be accompanied by an explanation of how the request for increased funding affects the determinations made by the Secretary under subsection (i).'.CommentsClose CommentsPermalink
(b) Applicability- The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply with respect to multiyear contracts for the purchase of major systems for which legislative authority is requested on or after that date.CommentsClose CommentsPermalink
SEC. 812. CHANGES TO MILESTONE B CERTIFICATIONS.
(1) by amending subsection (a) to read as follows:CommentsClose CommentsPermalink
`(a) Certification- A major defense acquisition program may not receive Milestone B approval, or Key Decision Point B approval in the case of a space program, until the milestone decision authority--CommentsClose CommentsPermalink
`(1) has received a business case analysis and certifies on the basis of the analysis that--CommentsClose CommentsPermalink
`(A) the program is affordable when considering the ability of the Department of Defense to accomplish the program's mission using alternative systems;CommentsClose CommentsPermalink
`(B) the program is affordable when considering the per unit cost and the total acquisition cost in the context of the total resources available during the period covered by the future-years defense program submitted during the fiscal year in which the certification is made;CommentsClose CommentsPermalink
`(C) reasonable cost and schedule estimates have been developed to execute the product development and production plan under the program; andCommentsClose CommentsPermalink
`(D) funding is available to execute the product development and production plan under the program, through the period covered by the future-years defense program submitted during the fiscal year in which the certification is made, consistent with the estimates described in subparagraph (C) for the program; andCommentsClose CommentsPermalink
`(2) further certifies that--CommentsClose CommentsPermalink
`(A) appropriate market research has been conducted prior to technology development to reduce duplication of existing technology and products;CommentsClose CommentsPermalink
`(B) the Department of Defense has completed an analysis of alternatives with respect to the program;CommentsClose CommentsPermalink
`(C) the Joint Requirements Oversight Council has accomplished its duties with respect to the program pursuant to section 181(b) of this title, including an analysis of the operational requirements for the program;CommentsClose CommentsPermalink
`(D) the technology in the program has been demonstrated in a relevant environment;CommentsClose CommentsPermalink
`(E) the program demonstrates a high likelihood of accomplishing its intended mission; andCommentsClose CommentsPermalink
`(F) the program complies with all relevant policies, regulations, and directives of the Department of Defense.';CommentsClose CommentsPermalink
(2) by redesignating subsections (b), (c), (d), and (e) as subsections (c), (d), (e), and (f), respectively;CommentsClose CommentsPermalink
(3) by inserting after subsection (a) the following new subsection (b):CommentsClose CommentsPermalink
`(b) Changes to Certification- (1) The program manager for a major defense acquisition program that has received certification under subsection (a) shall immediately notify the milestone decision authority of any changes to the program that--CommentsClose CommentsPermalink
`(A) alter the substantive basis for the certification of the milestone decision authority relating to any component of such certification specified in paragraph (1) or (2) of subsection (a); orCommentsClose CommentsPermalink
`(B) otherwise cause the program to deviate significantly from the material provided to the milestone decision authority in support of such certification.CommentsClose CommentsPermalink
`(2) Upon receipt of information under paragraph (1), the milestone decision authority may withdraw the certification concerned or rescind Milestone B approval (or Key Decision Point B approval in the case of a space program) if the milestone decision authority determines that such certification or approval is no longer valid.';CommentsClose CommentsPermalink
(4) in subsection (c), as redesignated by paragraph (1)--CommentsClose CommentsPermalink
(A) by inserting `(1)' before `The certification'; andCommentsClose CommentsPermalink
(B) by adding at the end the following new paragraph (2):CommentsClose CommentsPermalink
`(2) A summary of any information provided to the milestone decision authority pursuant to subsection (b) and a description of the actions taken as a result of such information shall be submitted with the first Selected Acquisition Report submitted under section 2432 of this title after receipt of such information by the milestone decision authority.';CommentsClose CommentsPermalink
(5) in subsection (d), as so redesignated--CommentsClose CommentsPermalink
(A) by striking `authority may waive' and inserting the following: `authority may, at the time of Milestone B approval (or Key Decision Point B approval in the case of a space program) or at the time that such milestone decision authority withdraws a certification or rescinds Milestone B approval (or Key Decision Point B approval in the case of a space program) pursuant to subsection (b)(2), waive'; andCommentsClose CommentsPermalink
(B) by striking `paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (9)' and inserting `paragraph (1) or (2)'; andCommentsClose CommentsPermalink
(6) in subsection (e), as so redesignated, by striking `subsection (c)' and inserting `subsection (d)'.CommentsClose CommentsPermalink
SEC. 813. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE ORGANIZATION AND STRUCTURE FOR MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Report Required- Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on potential modifications of the organization and structure of the Department of Defense for major defense acquisition programs.CommentsClose CommentsPermalink
(b) Elements- The report required by subsection (a) shall include the results of a review, conducted by the Comptroller General for purposes of the report, regarding the feasibility and advisability of, at a minimum, the following:CommentsClose CommentsPermalink
(1) Revising the acquisition process for major defense acquisition programs by establishing shorter, more frequent acquisition program milestones.CommentsClose CommentsPermalink
(2) Requiring certifications of program status to the defense acquisition executive and Congress prior to milestone approval for major defense acquisition programs.CommentsClose CommentsPermalink
(3) Establishing a new office (to be known as the `Office of Independent Assessment') to provide independent cost estimates and performance estimates for major defense acquisition programs.CommentsClose CommentsPermalink
(4) Requiring the milestone decision authority for a major defense acquisition program to specify, at the time of Milestone B approval, or Key Decision Point B approval, as applicable, the period of time that will be required to deliver an initial operational capability to the relevant combatant commanders.CommentsClose CommentsPermalink
(5) Establishing a materiel solutions process for addressing identified gaps in critical warfighting capabilities, under which process the Under Secretary of Defense for Acquisition, Technology, and Logistics circulates among the military departments and appropriate Defense Agencies a request for proposals for technologies and systems to address such gaps.CommentsClose CommentsPermalink
(6) Modifying the role played by chiefs of staff of the Armed Forces in the requirements, resource allocation, and acquisition processes.CommentsClose CommentsPermalink
(7) Establishing a process in which the commanders of combatant commands assess, and provide input on, the capabilities needed to successfully accomplish the missions in the operational and contingency plans of their commands over a long-term planning horizon of 15 years or more, taking into account expected changes in threats, the geo-political environment, and doctrine, training, and operational concepts.CommentsClose CommentsPermalink
(c) Consultation- In conducting the review required under subsection (b) for the report required by subsection (a), the Comptroller General shall obtain the views of the following:CommentsClose CommentsPermalink
(1) Senior acquisition officials currently serving in the Department of Defense.CommentsClose CommentsPermalink
(2) Senior military officers involved in setting requirements for the joint staff, the Armed Forces, and the combatant commands currently serving in the Department of Defense.CommentsClose CommentsPermalink
(3) Individuals who formerly served as senior acquisition officials in the Department of Defense.CommentsClose CommentsPermalink
(4) Participants in previous reviews of the organization and structure of the Department of Defense for the acquisition of major weapon systems, including the President's Blue Ribbon Commission on Defense Management in 1986.CommentsClose CommentsPermalink
(5) Other experts on the acquisition of major weapon systems.CommentsClose CommentsPermalink
(6) Appropriate experts in the Government Accountability Office.CommentsClose CommentsPermalink
SEC. 814. CLARIFICATION OF SUBMISSION OF COST OR PRICING DATA ON NONCOMMERCIAL MODIFICATIONS OF COMMERCIAL ITEMS.
(a) Measurement of Percentage at Contract Award-
(b) Harmonization of Thresholds for Cost or Pricing Data-
SEC. 815. CLARIFICATION OF RULES REGARDING THE PROCUREMENT OF COMMERCIAL ITEMS.
(a) Treatment of Subsystems, Components, and Spare Parts as Commercial Items-CommentsClose CommentsPermalink
(1) IN GENERAL-
(A) in subsection (a)--CommentsClose CommentsPermalink
(i) by redesignating paragraph (2) as paragraph (3);CommentsClose CommentsPermalink
(ii) in paragraph (1)(B), by striking `and' at the end; andCommentsClose CommentsPermalink
(iii) by inserting after paragraph (1), the following:CommentsClose CommentsPermalink
`(2) the offeror has submitted sufficient information to evaluate, through price analysis, the reasonableness of the price for such system; and';CommentsClose CommentsPermalink
(B) by striking subsection (b) and inserting the following new subsection (b):CommentsClose CommentsPermalink
`(b) Treatment of Subsystems as Commercial Items- A subsystem of a major weapon system (other than a commercially available off-the-shelf item as defined in section 35(c) of the Office of Federal Procurement Policy Act (
`(1) the subsystem is intended for a major weapon system that is being purchased, or has been purchased, under procedures established for the procurement of commercial items in accordance with the requirements of subsection (a); orCommentsClose CommentsPermalink
`(2) the contracting officer determines in writing that--CommentsClose CommentsPermalink
`(A) the subsystem is a commercial item, as defined in section 4(12) of the Office of Federal Procurement Policy Act (
`(B) the offeror has submitted sufficient information to evaluate, through price analysis, the reasonableness of the price for such subsystem.';CommentsClose CommentsPermalink
(C) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; andCommentsClose CommentsPermalink
(D) by inserting after subsection (b) the following new subsections (c) and (d):CommentsClose CommentsPermalink
`(c) Treatment of Components and Spare Parts as Commercial Items- (1) A component or spare part for a major weapon system (other than a commercially available off-the-shelf item as defined in section 35(c) of the Office of Federal Procurement Policy Act (
`(A) the component or spare part is intended for--CommentsClose CommentsPermalink
`(i) a major weapon system that is being purchased, or has been purchased, under procedures established for the procurement of commercial items in accordance with the requirements of subsection (a); orCommentsClose CommentsPermalink
`(ii) a subsystem of a major weapon system that is being purchased, or has been purchased, under procedures established for the procurement of commercial items in accordance with the requirements of subsection (b); orCommentsClose CommentsPermalink
`(B) the contracting officer determines in writing that--CommentsClose CommentsPermalink
`(i) the component or spare part is a commercial item, as defined in section 4(12) of the Office of Federal Procurement Policy Act (
`(ii) the offeror has submitted sufficient information to evaluate, through price analysis, the reasonableness of the price for such component or spare part.CommentsClose CommentsPermalink
`(2) This subsection shall apply only to components and spare parts that are acquired by the Department of Defense through a prime contract or a modification to a prime contract (or through a subcontract under a prime contract or modification to a prime contract on which the prime contractor adds no, or negligible, value).CommentsClose CommentsPermalink
`(d) Information Submitted- To the extent necessary to make a determination under subsection (a)(2), (b)(2), or (c)(1)(B), the contracting officer may request the offeror to submit--CommentsClose CommentsPermalink
`(1) prices paid for the same or similar commercial items under comparable terms and conditions by both government and commercial customers; andCommentsClose CommentsPermalink
`(2) if the contracting officer determines that the information described in paragraph (1) is not sufficient to determine the reasonableness of price, other relevant information regarding the basis for price or cost, including information on labor costs, material costs, and overhead rates.'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT TO TECHNICAL DATA PROVISION- Section 2321(f)(2) of such title is amended by striking `(whether or not under a contract for commercial items)' and inserting `(other than technical data for a commercially available off-the-shelf item as defined in section 35(c) of the Office of Federal Procurement Policy Act (
(b) Sales of Commercial Items to Nongovernmental Entities- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall modify the regulations of the Department of Defense on the procurement of commercial items in order to clarify that the terms `general public' and `nongovernmental entities' in such regulations do not include the Federal Government or a State, local, or foreign government.CommentsClose CommentsPermalink
SEC. 816. REVIEW OF SYSTEMIC DEFICIENCIES ON MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Annual Review- The Under Secretary of Defense for Acquisition, Technology, and Logistics shall conduct an annual review of systemic deficiencies in the major defense acquisition programs of the Department of Defense for each fiscal year in which three or more major defense acquisition programs--CommentsClose CommentsPermalink
(1) experience a critical cost growth threshold breach;CommentsClose CommentsPermalink
(2) have a section 2366a certification withdrawn; orCommentsClose CommentsPermalink
(3) have a Milestone A approval or Key Decision Point A approval rescinded, by the milestone decision authority under subsection (b) of
(b) Content of Review- The review conducted under subsection (a) shall--CommentsClose CommentsPermalink
(1) identify common factors, including any systemic deficiencies in the budget, requirements, and acquisition policies and practices, that may have contributed to problems with major defense acquisition programs covered by the criteria in subsection (a);CommentsClose CommentsPermalink
(2) assess the adequacy of corrective actions taken or to be taken to address cost growth or other performance deficiencies in programs covered by the criteria in subsection (a); andCommentsClose CommentsPermalink
(3) make recommendations for any changes in budget, requirements, and acquisition policies and practices that may be appropriate to avoid similar problems with major defense acquisition programs in the future.CommentsClose CommentsPermalink
(c) Definitions- In this section:CommentsClose CommentsPermalink
(1) CRITICAL COST GROWTH THRESHOLD BREACH- The term `critical cost growth threshold breach' means a determination under
(2) SECTION 2366a CERTIFICATION- The term `section 2366a certification' means a certification with respect to a major defense acquisition program under
(d) Report- Not later than July 15, 2008, and not later than August 15 of each year from 2009 through 2012, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the annual review conducted (if any) for the preceding fiscal year under subsection (a).CommentsClose CommentsPermalink
(e) Sunset- The requirement to conduct an annual review under subsection (a) shall terminate on September 30, 2012.CommentsClose CommentsPermalink
SEC. 817. INVESTMENT STRATEGY FOR MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Report Required- Not later than May 1, 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the strategies of the Department of Defense for balancing the allocation of funds and other resources among major defense acquisition programs.CommentsClose CommentsPermalink
(b) Elements- The report required by subsection (a) shall address, at a minimum, the ability of the organizations, policies, and procedures of the Department of Defense to provide for--CommentsClose CommentsPermalink
(1) establishing priorities among needed capabilities under major defense acquisition programs, and assessing the resources (including funds, technologies, time, and personnel) needed to achieve such capabilities;CommentsClose CommentsPermalink
(2) balancing the cost, schedule, and requirements of major defense acquisition programs, including those within the same functional or mission area, to ensure the most efficient use of resources; andCommentsClose CommentsPermalink
(3) ensuring that the budget, requirements, and acquisition processes of the Department of Defense work in a complementary manner to achieve desired results.CommentsClose CommentsPermalink
(c) Role of Tri-Chair Committee in Resource Allocation-CommentsClose CommentsPermalink
(1) IN GENERAL- The report required by subsection (a) shall also address the role of the committee described in paragraph (2) in the resource allocation process for major defense acquisition programs.CommentsClose CommentsPermalink
(2) COMMITTEE- The committee described in this paragraph is a committee (to be known as the `Tri-Chair Committee') composed of the following:CommentsClose CommentsPermalink
(A) The Under Secretary of Defense for Acquisition, Technology, and Logistics, who is one of the chairs of the committee.CommentsClose CommentsPermalink
(B) The Vice Chairman of the Joint Chiefs of Staff, who is one of the chairs of the committee.CommentsClose CommentsPermalink
(C) The Director of Program Analysis and Evaluation, who is one of the chairs of the committee.CommentsClose CommentsPermalink
(D) Any other appropriate officials of the Department of Defense, as jointly agreed upon by the Under Secretary and the Vice Chairman.CommentsClose CommentsPermalink
(d) Changes in Law- The report required by subsection (a) shall, to the maximum extent practicable, include a discussion of any changes in the budget, acquisition, and requirements processes of the Department of Defense undertaken as a result of changes in law pursuant to any section in this Act.CommentsClose CommentsPermalink
(e) Recommendations- The report required by subsection (a) shall include any recommendations, including recommendations for legislative action, that the Secretary considers appropriate to improve the organizations, policies, and procedures described in the report.CommentsClose CommentsPermalink
SEC. 818. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS ON TOTAL OWNERSHIP COST FOR MAJOR WEAPON SYSTEMS.
(a) Report Required- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the extent of the implementation of the recommendations set forth in the February 2003 report of the Government Accountability Office entitled `Setting Requirements Differently Could Reduce Weapon Systems' Total Ownership Costs'.CommentsClose CommentsPermalink
(b) Elements- The report required by subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) For each recommendation described in subsection (a) that has been implemented, or that the Secretary plans to implement--CommentsClose CommentsPermalink
(A) a summary of all actions that have been taken to implement such recommendation; andCommentsClose CommentsPermalink
(B) a schedule, with specific milestones, for completing the implementation of such recommendation.CommentsClose CommentsPermalink
(2) For each recommendation that the Secretary has not implemented and does not plan to implement--CommentsClose CommentsPermalink
(A) the reasons for the decision not to implement such recommendation; andCommentsClose CommentsPermalink
(B) a summary of any alternative actions the Secretary plans to take to address the purposes underlying such recommendation.CommentsClose CommentsPermalink
(3) A summary of any additional actions the Secretary has taken or plans to take to ensure that total ownership cost is appropriately considered in the requirements process for major weapon systems.CommentsClose CommentsPermalink
Subtitle C--Amendments to General Contracting Authorities, Procedures, and Limitations
SEC. 821. PLAN FOR RESTRICTING GOVERNMENT-UNIQUE CONTRACT CLAUSES ON COMMERCIAL CONTRACTS.
(a) Plan- The Under Secretary of Defense for Acquisition, Technology, and Logistics shall develop and implement a plan to minimize the number of government-unique contract clauses used in commercial contracts by restricting the clauses to the following:CommentsClose CommentsPermalink
(1) Government-unique clauses authorized by law or regulation.CommentsClose CommentsPermalink
(2) Any additional clauses that are relevant and necessary to a specific contract.CommentsClose CommentsPermalink
(b) Commercial Contract- In this section:CommentsClose CommentsPermalink
(1) The term `commercial contract' means a contract awarded by the Federal Government for the procurement of a commercial item.CommentsClose CommentsPermalink
(2) The term `commercial item' has the meaning provided by section 4(12) of the Office of Federal Procurement Policy Act (
SEC. 822. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL ITEMS.
(a) Extension- Section 4202(e) of the Clinger-Cohen Act of 1996 (division D of
(b) Report- Not later than March 1, 2008, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the use by the Department of Defense of the authority provided by section 4202(e) of the Clinger-Cohen Act of 1996 (
(1) Summary data on the use of the authority.CommentsClose CommentsPermalink
(2) Specific examples of the use of the authority.CommentsClose CommentsPermalink
(3) An evaluation of potential benefits and costs of extending the authority after January 1, 2010.CommentsClose CommentsPermalink
SEC. 823. FIVE-YEAR EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE PROJECTS.
Section 845(i) of the National Defense Authorization Act for Fiscal Year 1994 (
SEC. 824. EXEMPTION OF SPECIAL OPERATIONS COMMAND FROM CERTAIN REQUIREMENTS FOR CERTAIN CONTRACTS RELATING TO VESSELS, AIRCRAFT, AND COMBAT VEHICLES.
`(5) In the case of a contract described in subsection (a)(1)(B), the commander of the special operations command may make a contract without regard to this subsection if--CommentsClose CommentsPermalink
`(A) funds are available and obligated for the full cost of the contract (including termination costs) on or before the date the contract is awarded;CommentsClose CommentsPermalink
`(B) the Secretary of Defense submits to the congressional defense committees a certification that there is no alternative for meeting urgent operational requirements other than making the contract; andCommentsClose CommentsPermalink
`(C) a period of 30 days of continuous session of Congress has expired following the date on which the certification was received by such committees.'.CommentsClose CommentsPermalink
SEC. 825. PROVISION OF AUTHORITY TO MAINTAIN EQUIPMENT TO UNIFIED COMBATANT COMMAND FOR JOINT WARFIGHTING.
(a) Authority-
(1) in subsection (a), by striking `and acquire' and inserting `, acquire, and maintain';CommentsClose CommentsPermalink
(2) by redesignating subsection (f) as subsection (g); andCommentsClose CommentsPermalink
(3) by inserting after subsection (e) the following new subsection:CommentsClose CommentsPermalink
`(f) Limitation on Authority To Maintain Equipment- The authority delegated under subsection (a) to maintain equipment is subject to the availability of funds authorized and appropriated specifically for that purpose.'.CommentsClose CommentsPermalink
(b) Two-Year Extension- Subsection (g) of such section, as so redesignated, is amended--CommentsClose CommentsPermalink
(1) by striking `through 2008' and inserting `through 2010'; andCommentsClose CommentsPermalink
(2) by striking `September 30, 2008' and inserting `September 30, 2010'.CommentsClose CommentsPermalink
SEC. 826. MARKET RESEARCH.
(a) Additional Requirements- Subsection (c) of
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking `and' at the end of subparagraph (A);CommentsClose CommentsPermalink
(B) by striking the period at the end of subparagraph (B) and inserting `; and'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(C) before awarding a task order or delivery order in excess of the simplified acquisition threshold.'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(4) The head of an agency shall take appropriate steps to ensure that any prime contractor of a contract (or task order or delivery order) in an amount in excess of $5,000,000 for the procurement of items other than commercial items engages in such market research as may be necessary to carry out the requirements of subsection (b)(2) before making purchases for or on behalf of the Department of Defense.'.CommentsClose CommentsPermalink
(b) Requirement To Develop Training and Tools- The Secretary of Defense shall develop training to assist contracting officers, and market research tools to assist such officers and prime contractors, in performing appropriate market research as required by subsection (c) of
SEC. 827. MODIFICATION OF COMPETITION REQUIREMENTS FOR PURCHASES FROM FEDERAL PRISON INDUSTRIES.
(a) Modification of Competition Requirements-CommentsClose CommentsPermalink
(1) IN GENERAL-
`(a) Products for Which Federal Prison Industries Does Not Have Significant Market Share- (1) Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog under section 4124(d) of title 18 for which Federal Prison Industries does not have a significant market share, the Secretary of Defense shall conduct market research to determine whether the product is comparable to products available from the private sector that best meet the needs of the Department in terms of price, quality, and time of delivery.CommentsClose CommentsPermalink
`(2) If the Secretary determines that a Federal Prison Industries product described in paragraph (1) is not comparable in price, quality, or time of delivery to products of the private sector that best meets the needs of the Department in terms of price, quality, and time of delivery, the Secretary shall use competitive procedures for the procurement of the product, or shall make an individual purchase under a multiple award contract in accordance with the competition requirements applicable to such contract. In conducting such a competition, the Secretary shall consider a timely offer from Federal Prison Industries.CommentsClose CommentsPermalink
`(b) Products for Which Federal Prison Industries Has Significant Market Share- (1) The Secretary of Defense may purchase a product listed in the latest edition of the Federal Prison Industries catalog for which Federal Prison Industries has a 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 the competition requirements applicable to such contract. In conducting such a competition, the Secretary shall consider a timely offer from Federal Prison Industries.CommentsClose CommentsPermalink
`(2) For purposes of this subsection, Federal Prison Industries shall be treated as having a significant share of the market for a product if the Secretary, in consultation with the Administrator of Federal Procurement Policy, determines that the Federal Prison Industries share of the Department of Defense market for the category of products including such product is greater than 5 percent.'.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(b) List of Products for Which Federal Prison Industries Has Significant Market Share-CommentsClose CommentsPermalink
(1) INITIAL LIST- Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall publish a list of product categories for which Federal Prison Industries' share of the Department of Defense market is greater than 5 percent, based on the most recent fiscal year for which data is available.CommentsClose CommentsPermalink
(2) MODIFICATION- The Secretary may modify the list published under paragraph (1) at any time if the Secretary determines that new data require adding a product category to the list or omitting a product category from the list.CommentsClose CommentsPermalink
(3) CONSULTATION- The Secretary shall carry out this subsection in consultation with the Administrator for Federal Procurement Policy.CommentsClose CommentsPermalink
SEC. 828. MULTIYEAR CONTRACT AUTHORITY FOR ELECTRICITY FROM RENEWABLE ENERGY SOURCES.
(a) Multiyear Contract Authority- Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 2410q. Multiyear contracts: purchase of electricity from renewable energy sources
`(a) Multiyear Contracts Authorized- Subject to subsection (b), the Secretary of Defense may enter into a contract for a period not to exceed 10 years for the purchase of electricity from sources of renewable energy, as that term is defined in section 203(b)(2) of the Energy Policy Act of 2005 (
`(b) Limitations on Contracts for Periods in Excess of Five Years- The Secretary may exercise the authority in subsection (a) to enter into a contract for a period in excess of five years only if the Secretary determines, on the basis of a business case analysis prepared by the Department of Defense, that--CommentsClose CommentsPermalink
`(1) the proposed purchase of electricity under such contract is cost effective for the Department of Defense; andCommentsClose CommentsPermalink
`(2) it would not be possible to purchase electricity from the source in an economical manner without the use of a contract for a period in excess of five years.CommentsClose CommentsPermalink
`(c) Relationship to Other Multiyear Contracting Authority- Nothing in this section shall be construed to preclude the Department of Defense from using other multiyear contracting authority of the Department to purchase renewable energy.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 141 of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`2410q. Multiyear contracts: purchase of electricity from renewable energy sources.'.CommentsClose CommentsPermalink
SEC. 829. PROCUREMENT OF FIRE RESISTANT RAYON FIBER FOR THE PRODUCTION OF UNIFORMS FROM FOREIGN SOURCES.
(a) Authority To Procure- The Secretary of Defense may procure fire resistant rayon fiber for the production of uniforms that is manufactured in a foreign country referred to in subsection (d) if the Secretary determines either of the following:CommentsClose CommentsPermalink
(1) That fire resistant rayon fiber for the production of uniforms is not available from sources within the national technology and industrial base.CommentsClose CommentsPermalink
(2) That--CommentsClose CommentsPermalink
(A) procuring fire resistant rayon fiber manufactured from suppliers within the national technology and industrial base would result in sole-source contracts or subcontracts for the supply of fire resistant rayon fiber; andCommentsClose CommentsPermalink
(B) such sole-source contracts or subcontracts would not be in the best interests of the Government or consistent with the objectives of
(b) Submission to Congress- Not later than 30 days after making a determination under subsection (a), the Secretary shall submit to Congress a copy of the determination.CommentsClose CommentsPermalink
(c) Applicability to Subcontracts- The authority under subsection (a) applies with respect to subcontracts under Department of Defense contracts as well as to such contracts.CommentsClose CommentsPermalink
(d) Foreign Countries Covered- The authority under subsection (a) applies with respect to a foreign country that--CommentsClose CommentsPermalink
(1) is a party to a defense memorandum of understanding entered into under
(2) does not discriminate against defense items produced in the United States to a greater degree than the United States discriminates against defense items produced in that country.CommentsClose CommentsPermalink
(e) National Technology and Industrial Base Defined- In this section, the term `national technology and industrial base' has the meaning given that term in
(f) Sunset- The authority under subsection (a) shall expire on the date that is five years after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 830. COMPTROLLER GENERAL REVIEW OF NONCOMPETITIVE AWARDS OF CONGRESSIONAL AND EXECUTIVE BRANCH INTEREST ITEMS.
Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the use of procedures other than competitive procedures in the award of contracts by the Department of Defense. The report shall compare the procedures used by the Department of Defense for the award of funds for new projects pursuant to congressionally directed spending items, as defined in rule XLIV of the Standing Rules of the Senate, or congressional earmarks, as defined in rule XXI of the Rules of the House of Representatives, with the procedures used by the Department of Defense for the award of funds for new projects of special interest to senior executive branch officials.CommentsClose CommentsPermalink
Subtitle D--Accountability in Contracting
SEC. 841. COMMISSION ON WARTIME CONTRACTING IN IRAQ AND AFGHANISTAN.
(a) Establishment- There is hereby established a commission to be known as the `Commission on Wartime Contracting' (in this section referred to as the `Commission').CommentsClose CommentsPermalink
(b) Membership Matters-CommentsClose CommentsPermalink
(1) MEMBERSHIP- The Commission shall be composed of 8 members, as follows:CommentsClose CommentsPermalink
(A) 2 members shall be appointed by the majority leader of the Senate, in consultation with the Chairmen of the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Foreign Relations of the Senate.CommentsClose CommentsPermalink
(B) 2 members shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairmen of the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Foreign Affairs of the House of Representatives.CommentsClose CommentsPermalink
(C) 1 member shall be appointed by the minority leader of the Senate, in consultation with the Ranking Minority Members of the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Foreign Relations of the Senate.CommentsClose CommentsPermalink
(D) 1 member shall be appointed by the minority leader of the House of Representatives, in consultation with the Ranking Minority Member of the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Foreign Affairs of the House of Representatives.CommentsClose CommentsPermalink
(E) 2 members shall be appointed by the President, in consultation with the Secretary of Defense and the Secretary of State.CommentsClose CommentsPermalink
(2) DEADLINE FOR APPOINTMENTS- All appointments to the Commission shall be made not later than 120 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(3) CO-CHAIRMEN- The Commission shall have two co-chairmen, including--CommentsClose CommentsPermalink
(A) a co-chairman who shall be a member of the Commission jointly designated by the Speaker of the House of Representatives and the majority leader of the Senate; andCommentsClose CommentsPermalink
(B) a co-chairman who shall be a member of the Commission jointly designated by the minority leader of the House of Representatives and the minority leader of the Senate.CommentsClose CommentsPermalink
(4) VACANCY- In the event of a vacancy in a seat on the Commission, the individual appointed to fill the vacant seat shall be--CommentsClose CommentsPermalink
(A) appointed by the same officer (or the officer's successor) who made the appointment to the seat when the Commission was first established; andCommentsClose CommentsPermalink
(B) if the officer in subparagraph (A) is of a party other than the party of the officer who made the appointment to the seat when the Commission was first established, chosen in consultation with the senior officers in the Senate and the House of Representatives of the party which is the party of the officer who made the appointment to the seat when the Commission was first established.CommentsClose CommentsPermalink
(c) Duties-CommentsClose CommentsPermalink
(1) GENERAL DUTIES- The Commission shall study the following matters:CommentsClose CommentsPermalink
(A) Federal agency contracting for the reconstruction of Iraq and Afghanistan.CommentsClose CommentsPermalink
(B) Federal agency contracting for the logistical support of coalition forces operating in Iraq and Afghanistan.CommentsClose CommentsPermalink
(C) Federal agency contracting for the performance of security functions in Iraq and Afghanistan.CommentsClose CommentsPermalink
(2) SCOPE OF CONTRACTING COVERED- The Federal agency contracting covered by this subsection includes contracts entered into both in the United States and abroad for the performance of activities described in paragraph (1).CommentsClose CommentsPermalink
(3) PARTICULAR DUTIES- In carrying out the study under this subsection, the Commission shall assess--CommentsClose CommentsPermalink
(A) the extent of the reliance of the Federal Government on contractors to perform functions (including security functions) in Iraq and Afghanistan and the impact of this reliance on the achievement of the objectives of the United States;CommentsClose CommentsPermalink
(B) the performance exhibited by Federal contractors for the contracts under review pursuant to paragraph (1), and the mechanisms used to evaluate contractor performance;CommentsClose CommentsPermalink
(C) the extent of waste, fraud, and abuse under such contracts;CommentsClose CommentsPermalink
(D) the extent to which those responsible for such waste, fraud, and abuse have been held financially or legally accountable;CommentsClose CommentsPermalink
(E) the appropriateness of the organizational structure, policies, practices, and resources of the Department of Defense and the Department of State for handling program management and contracting for the programs and contracts under review pursuant to paragraph (1);CommentsClose CommentsPermalink
(F) the extent to which contractors under such contracts have engaged in the misuse of force or have used force in a manner inconsistent with the objectives of the operational field commander; andCommentsClose CommentsPermalink
(G) the extent of potential violations of the laws of war, Federal law, or other applicable legal standards by contractors under such contracts.CommentsClose CommentsPermalink
(d) Reports-CommentsClose CommentsPermalink
(1) INTERIM REPORT- On March 1, 2009, the Commission shall submit to Congress an interim report on the study carried out under subsection (c), including the results and findings of the study as of that date.CommentsClose CommentsPermalink
(2) OTHER REPORTS- The Commission may from time to time submit to Congress such other reports on the study carried out under subsection (c) as the Commission considers appropriate.CommentsClose CommentsPermalink
(3) FINAL REPORT- Not later than two years after the date of the appointment of all of the members of the Commission under subsection (b), the Commission shall submit to Congress a final report on the study carried out under subsection (c). The report shall--CommentsClose CommentsPermalink
(A) include the findings of the Commission;CommentsClose CommentsPermalink
(B) identify lessons learned relating to contingency program management and contingency contracting covered by the study; andCommentsClose CommentsPermalink
(C) include specific recommendations for improvements to be made in--CommentsClose CommentsPermalink
(i) the process for defining requirements and developing statements of work for contracts in contingency contracting;CommentsClose CommentsPermalink
(ii) the process for awarding contracts and task or delivery orders in contingency contracting;CommentsClose CommentsPermalink
(iii) the process for contingency program management;CommentsClose CommentsPermalink
(iv) the process for identifying, addressing, and providing accountability for waste, fraud, and abuse in contingency contracting;CommentsClose CommentsPermalink
(v) the process for determining which functions are inherently governmental and which functions are appropriate for performance by contractors in a contingency operation (including during combat operations), especially whether providing security in an area of combat operations is inherently governmental;CommentsClose CommentsPermalink
(vi) the organizational structure, resources, policies, and practices of the Department of Defense and the Department of State for performing contingency program management; andCommentsClose CommentsPermalink
(vii) the process by which roles and responsibilities with respect to management and oversight of contracts in contingency contracting are distributed among the various departments and agencies of the Federal Government, and interagency coordination and communication mechanisms associated with contingency contracting.CommentsClose CommentsPermalink
(e) Other Powers and Authorities-CommentsClose CommentsPermalink
(1) HEARINGS AND EVIDENCE- The Commission or, on the authority of the Commission, any portion thereof, may, for the purpose of carrying out this section--CommentsClose CommentsPermalink
(A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths (provided that the quorum for a hearing shall be three members of the Commission); andCommentsClose CommentsPermalink
(B) provide for the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents;CommentsClose CommentsPermalink
as the Commission, or such portion thereof, may determine advisable.CommentsClose CommentsPermalink
(2) INABILITY TO OBTAIN DOCUMENTS OR TESTIMONY- In the event the Commission is unable to obtain testimony or documents needed to conduct its work, the Commission shall notify the committees of Congress of jurisdiction and appropriate investigative authorities.CommentsClose CommentsPermalink
(3) ACCESS TO INFORMATION- The Commission may secure directly from the Department of Defense and any other department or agency of the Federal Government any information or assistance that the Commission considers necessary to enable the Commission to carry out the requirements of this section. Upon request of the Commission, the head of such department or agency shall furnish such information expeditiously to the Commission. Whenever information or assistance requested by the Commission is unreasonably refused or not provided, the Commission shall report the circumstances to Congress without delay.CommentsClose CommentsPermalink
(4) PERSONNEL- The Commission shall have the authorities provided in
(5) DETAILEES- Any employee of the Federal Government may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.CommentsClose CommentsPermalink
(6) SECURITY CLEARANCES- The appropriate departments or agencies of the Federal Government shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this section without the appropriate security clearances.CommentsClose CommentsPermalink
(7) VIOLATIONS OF LAW-CommentsClose CommentsPermalink
(A) REFERRAL TO ATTORNEY GENERAL- The Commission may refer to the Attorney General any violation or potential violation of law identified by the Commission in carrying out its duties under this section.CommentsClose CommentsPermalink
(B) REPORTS ON RESULTS OF REFERRAL- The Attorney General shall submit to Congress a report on each prosecution, conviction, resolution, or other disposition that results from a referral made under this subparagraph.CommentsClose CommentsPermalink
(f) Termination- The Commission shall terminate on the date that is 60 days after the date of the submittal of its final report under subsection (d)(3).CommentsClose CommentsPermalink
(g) Definitions- In this section:CommentsClose CommentsPermalink
(1) CONTINGENCY CONTRACTING- The term `contingency contracting' means all stages of the process of acquiring property or services during a contingency operation.CommentsClose CommentsPermalink
(2) CONTINGENCY OPERATION- The term `contingency operation' has the meaning given that term in
(3) CONTINGENCY PROGRAM MANAGEMENT- The term `contingency program management' means the process of planning, organizing, staffing, controlling, and leading the combined efforts of participating personnel for the management of a specific acquisition program or programs during contingency operations.CommentsClose CommentsPermalink
SEC. 842. INVESTIGATION OF WASTE, FRAUD, AND ABUSE IN WARTIME CONTRACTS AND CONTRACTING PROCESSES IN IRAQ AND AFGHANISTAN.
(a) Audits Required- Thorough audits shall be performed in accordance with this section to identify potential waste, fraud, and abuse in the performance of--CommentsClose CommentsPermalink
(1) Department of Defense contracts, subcontracts, and task and delivery orders for the logistical support of coalition forces in Iraq and Afghanistan; andCommentsClose CommentsPermalink
(2) Federal agency contracts, subcontracts, and task and delivery orders for the performance of security and reconstruction functions in Iraq and Afghanistan.CommentsClose CommentsPermalink
(b) Audit Plans-CommentsClose CommentsPermalink
(1) The Department of Defense Inspector General shall develop a comprehensive plan for a series of audits of contracts, subcontracts, and task and delivery orders covered by subsection (a)(1), consistent with the requirements of subsection (g), in consultation with other Inspectors General specified in subsection (c) with regard to any contracts, subcontracts, or task or delivery orders over which such Inspectors General have jurisdiction.CommentsClose CommentsPermalink
(2) The Special Inspector General for Iraq Reconstruction shall develop a comprehensive plan for a series of audits of contracts, subcontracts, and task and delivery orders covered by subsection (a)(2) relating to Iraq, consistent with the requirements of subsection (h), in consultation with other Inspectors General specified in subsection (c) with regard to any contracts, subcontracts, or task or delivery orders over which such Inspectors General have jurisdiction.CommentsClose CommentsPermalink
(3) The Special Inspector General for Afghanistan Reconstruction shall develop a comprehensive plan for a series of audits of contracts, subcontracts, and task and delivery orders covered by subsection (a)(2) relating to Afghanistan, consistent with the requirements of subsection (h), in consultation with other Inspectors General specified in subsection (c) with regard to any contracts, subcontracts, or task or delivery orders over which such Inspectors General have jurisdiction.CommentsClose CommentsPermalink
(c) Performance of Audits by Certain Inspectors General- The Special Inspector General for Iraq Reconstruction, during such period as such office exists, the Special Inspector General for Afghanistan Reconstruction, during such period as such office exists, the Inspector General of the Department of Defense, the Inspector General of the Department of State, and the Inspector General of the United States Agency for International Development shall perform such audits as required by subsection (a) and identified in the audit plans developed pursuant to subsection (b) as fall within the respective scope of their duties as specified in law.CommentsClose CommentsPermalink
(d) Coordination of Audits- The Inspectors General specified in subsection (c) shall work to coordinate the performance of the audits required by subsection (a) and identified in the audit plans developed under subsection (b) including through councils and working groups composed of such Inspectors General.CommentsClose CommentsPermalink
(e) Joint Audits- If one or more audits required by subsection (a) and identified in an audit plan developed under subsection (b) falls within the scope of the duties of more than one of the Inspectors General specified in subsection (c), and such Inspectors General agree that such audit or audits are best pursued jointly, such Inspectors General shall enter into a memorandum of understanding relating to the performance of such audit or audits.CommentsClose CommentsPermalink
(f) Separate Audits- If one or more audits required by subsection (a) and identified in an audit plan developed under subsection (b) falls within the scope of the duties of more than one of the Inspectors General specified in subsection (c), and such Inspectors General do not agree that such audit or audits are best pursued jointly, such audit or audits shall be separately performed by one or more of the Inspectors General concerned.CommentsClose CommentsPermalink
(g) Scope of Audits of Contracts- Audits conducted pursuant to subsection (a)(1) shall examine, at a minimum, one or more of the following issues:CommentsClose CommentsPermalink
(1) The manner in which contract requirements were developed.CommentsClose CommentsPermalink
(2) The procedures under which contracts or task or delivery orders were awarded.CommentsClose CommentsPermalink
(3) The terms and conditions of contracts or task or delivery orders.CommentsClose CommentsPermalink
(4) The staffing and method of performance of contractors, including cost controls.CommentsClose CommentsPermalink
(5) The efficacy of Department of Defense management and oversight, including the adequacy of staffing and training of officials responsible for such management and oversight.CommentsClose CommentsPermalink
(6) The flow of information from contractors to officials responsible for contract management and oversight.CommentsClose CommentsPermalink
(h) Scope of Audits of Other Contracts- Audits conducted pursuant to subsection (a)(2) shall examine, at a minimum, one or more of the following issues:CommentsClose CommentsPermalink
(1) The manner in which contract requirements were developed and contracts or task and delivery orders were awarded.CommentsClose CommentsPermalink
(2) The manner in which the Federal agency exercised control over the performance of contractors.CommentsClose CommentsPermalink
(3) The extent to which operational field commanders were able to coordinate or direct the performance of contractors in an area of combat operations.CommentsClose CommentsPermalink
(4) The degree to which contractor employees were properly screened, selected, trained, and equipped for the functions to be performed.CommentsClose CommentsPermalink
(5) The nature and extent of any incidents of misconduct or unlawful activity by contractor employees.CommentsClose CommentsPermalink
(6) The nature and extent of any activity by contractor employees that was inconsistent with the objectives of operational field commanders.CommentsClose CommentsPermalink
(7) The extent to which any incidents of misconduct or unlawful activity were reported, documented, investigated, and (where appropriate) prosecuted.CommentsClose CommentsPermalink
(i) Independent Conduct of Audit Functions- All audit functions under this section, including audit planning and coordination, shall be performed by the relevant Inspectors General in an independent manner, without consultation with the Commission established pursuant to section 841 of this Act. All audit reports resulting from such audits shall be available to the Commission.CommentsClose CommentsPermalink
SEC. 843. ENHANCED COMPETITION REQUIREMENTS FOR TASK AND DELIVERY ORDER CONTRACTS.
(a) Defense Contracts-CommentsClose CommentsPermalink
(1) LIMITATION ON SINGLE AWARD CONTRACTS-
(A) by redesignating paragraph (3) as paragraph (4); andCommentsClose CommentsPermalink
(B) by inserting after paragraph (2) the following new paragraph (3):CommentsClose CommentsPermalink
`(3)(A) No task or delivery order contract in an amount estimated to exceed $100,000,000 (including all options) may be awarded to a single source unless the head of the agency determines in writing that--CommentsClose CommentsPermalink
`(i) the task or delivery orders expected under the contract are so integrally related that only a single source can reasonably perform the work;CommentsClose CommentsPermalink
`(ii) the contract provides only for firm, fixed price task orders or delivery orders for--CommentsClose CommentsPermalink
`(I) products for which unit prices are established in the contract; orCommentsClose CommentsPermalink
`(II) services for which prices are established in the contract for the specific tasks to be performed;CommentsClose CommentsPermalink
`(iii) only one source is qualified and capable of performing the work at a reasonable price to the government; orCommentsClose CommentsPermalink
`(iv) because of exceptional circumstances, it is necessary in the public interest to award the contract to a single source.CommentsClose CommentsPermalink
`(B) The head of the agency shall notify Congress within 30 days after any determination under subparagraph (A)(iv).'.CommentsClose CommentsPermalink
(2) ENHANCED COMPETITION FOR ORDERS IN EXCESS OF $5,000,000- Section 2304c of such title is amended--CommentsClose CommentsPermalink
(A) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively;CommentsClose CommentsPermalink
(B) by inserting after subsection (c) the following new subsection (d):CommentsClose CommentsPermalink
`(d) Enhanced Competition for Orders in Excess of $5,000,000- In the case of a task or delivery order in excess of $5,000,000, the requirement to provide all contractors a fair opportunity to be considered under subsection (b) is not met unless all such contractors are provided, at a minimum--CommentsClose CommentsPermalink
`(1) a notice of the task or delivery order that includes a clear statement of the agency's requirements;CommentsClose CommentsPermalink
`(2) a reasonable period of time to provide a proposal in response to the notice;CommentsClose CommentsPermalink
`(3) disclosure of the significant factors and subfactors, including cost or price, that the agency expects to consider in evaluating such proposals, and their relative importance;CommentsClose CommentsPermalink
`(4) in the case of an award that is to be made on a best value basis, a written statement documenting the basis for the award and the relative importance of quality and price or cost factors; andCommentsClose CommentsPermalink
`(5) an opportunity for a post-award debriefing consistent with the requirements of section 2305(b)(5) of this title.'; andCommentsClose CommentsPermalink
(C) by striking subsection (e), as redesignated by paragraph (1), and inserting the following new subsection (e):CommentsClose CommentsPermalink
`(e) Protests- (1) A protest is not authorized in connection with the issuance or proposed issuance of a task or delivery order except for--CommentsClose CommentsPermalink
`(A) a protest on the ground that the order increases the scope, period, or maximum value of the contract under which the order is issued; orCommentsClose CommentsPermalink
`(B) a protest of an order valued in excess of $10,000,000.CommentsClose CommentsPermalink
`(2) Notwithstanding section 3556 of title 31, the Comptroller General of the United States shall have exclusive jurisdiction of a protest authorized under paragraph (1)(B).CommentsClose CommentsPermalink
`(3) This subsection shall be in effect for three years, beginning on the date that is 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008.'.CommentsClose CommentsPermalink
(3) EFFECTIVE DATES-CommentsClose CommentsPermalink
(A) SINGLE AWARD CONTRACTS- The amendments made by paragraph (1) shall take effect on the date that is 120 days after the date of the enactment of this Act, and shall apply with respect to any contract awarded on or after such date.CommentsClose CommentsPermalink
(B) ORDERS IN EXCESS OF $5,000,000- The amendments made by paragraph (2) shall take effect on the date that is 120 days after the date of the enactment of this Act, and shall apply with respect to any task or delivery order awarded on or after such date.CommentsClose CommentsPermalink
(b) Civilian Agency Contracts-CommentsClose CommentsPermalink
(1) LIMITATION ON SINGLE AWARD CONTRACTS- Section 303H(d) of the Federal Property and Administrative Services Act of 1949 (
(A) by redesignating paragraph (3) as paragraph (4); andCommentsClose CommentsPermalink
(B) by inserting after paragraph (2) the following new paragraph (3):CommentsClose CommentsPermalink
`(3)(A) No task or delivery order contract in an amount estimated to exceed $100,000,000 (including all options) may be awarded to a single source unless the head of the executive agency determines in writing that--CommentsClose CommentsPermalink
`(i) the task or delivery orders expected under the contract are so integrally related that only a single source can reasonably perform the work;CommentsClose CommentsPermalink
`(ii) the contract provides only for firm, fixed price task orders or delivery orders for--CommentsClose CommentsPermalink
`(I) products for which unit prices are established in the contract; orCommentsClose CommentsPermalink
`(II) services for which prices are established in the contract for the specific tasks to be performed;CommentsClose CommentsPermalink
`(iii) only one source is qualified and capable of performing the work at a reasonable price to the government; orCommentsClose CommentsPermalink
`(iv) because of exceptional circumstances, it is necessary in the public interest to award the contract to a single source.CommentsClose CommentsPermalink
`(B) The head of the executive agency shall notify Congress within 30 days after any determination under subparagraph (A)(iv).'.CommentsClose CommentsPermalink
(2) ENHANCED COMPETITION FOR ORDERS IN EXCESS OF $5,000,000- Section 303J of such Act (
(A) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively;CommentsClose CommentsPermalink
(B) by inserting after subsection (c) the following new subsection (d):CommentsClose CommentsPermalink
`(d) Enhanced Competition for Orders in Excess of $5,000,000- In the case of a task or delivery order in excess of $5,000,000, the requirement to provide all contractors a fair opportunity to be considered under subsection (b) is not met unless all such contractors are provided, at a minimum--CommentsClose CommentsPermalink
`(1) a notice of the task or delivery order that includes a clear statement of the executive agency's requirements;CommentsClose CommentsPermalink
`(2) a reasonable period of time to provide a proposal in response to the notice;CommentsClose CommentsPermalink
`(3) disclosure of the significant factors and subfactors, including cost or price, that the executive agency expects to consider in evaluating such proposals, and their relative importance;CommentsClose CommentsPermalink
`(4) in the case of an award that is to be made on a best value basis, a written statement documenting the basis for the award and the relative importance of quality and price or cost factors; andCommentsClose CommentsPermalink
`(5) an opportunity for a post-award debriefing consistent with the requirements of section 303B(e).'; andCommentsClose CommentsPermalink
(C) by striking subsection (e), as redesignated by paragraph (1), and inserting the following new subsection (e):CommentsClose CommentsPermalink
`(e) Protests- (1) A protest is not authorized in connection with the issuance or proposed issuance of a task or delivery order except for--CommentsClose CommentsPermalink
`(A) a protest on the ground that the order increases the scope, period, or maximum value of the contract under which the order is issued; orCommentsClose CommentsPermalink
`(B) a protest of an order valued in excess of $10,000,000.CommentsClose CommentsPermalink
`(2) Notwithstanding
`(3) This subsection shall be in effect for three years, beginning on the date that is 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008.'.CommentsClose CommentsPermalink
(3) EFFECTIVE DATES-CommentsClose CommentsPermalink
(A) SINGLE AWARD CONTRACTS- The amendments made by paragraph (1) shall take effect on the date that is 120 days after the date of the enactment of this Act, and shall apply with respect to any contract awarded on or after such date.CommentsClose CommentsPermalink
(B) ORDERS IN EXCESS OF $5,000,000- The amendments made by paragraph (2) shall take effect on the date that is 120 days after the date of the enactment of this Act, and shall apply with respect to any task or delivery order awarded on or after such date.CommentsClose CommentsPermalink
SEC. 844. PUBLIC DISCLOSURE OF JUSTIFICATION AND APPROVAL DOCUMENTS FOR NONCOMPETITIVE CONTRACTS.
(a) Civilian Agency Contracts-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 303 of the Federal Property and Administrative Services Act of 1949 (
`(j)(1)(A) Except as provided in subparagraph (B), in the case of a procurement permitted by subsection (c), the head of an executive agency shall make publicly available, within 14 days after the award of the contract, the documents containing the justification and approval required by subsection (f)(1) with respect to the procurement.CommentsClose CommentsPermalink
`(B) In the case of a procurement permitted by subsection (c)(2), subparagraph (A) shall be applied by substituting `30 days' for `14 days'.CommentsClose CommentsPermalink
`(2) The documents shall be made available on the website of the agency and through a government-wide website selected by the Administrator for Federal Procurement Policy.CommentsClose CommentsPermalink
`(3) This subsection does not require the public availability of information that is exempt from public disclosure under
(2) CONFORMING AMENDMENT- Section 303(f) of such Act is amended--CommentsClose CommentsPermalink
(A) by striking paragraph (4); andCommentsClose CommentsPermalink
(B) by redesignating paragraph (5) as paragraph (4).CommentsClose CommentsPermalink
(b) Defense Agency Contracts-CommentsClose CommentsPermalink
(1) IN GENERAL-
`(l)(1)(A) Except as provided in subparagraph (B), in the case of a procurement permitted by subsection (c), the head of an agency shall make publicly available, within 14 days after the award of the contract, the documents containing the justification and approval required by subsection (f)(1) with respect to the procurement.CommentsClose CommentsPermalink
`(B) In the case of a procurement permitted by subsection (c)(2), subparagraph (A) shall be applied by substituting `30 days' for `14 days'.CommentsClose CommentsPermalink
`(2) The documents shall be made available on the website of the agency and through a government-wide website selected by the Administrator for Federal Procurement Policy.CommentsClose CommentsPermalink
`(3) This subsection does not require the public availability of information that is exempt from public disclosure under section 552(b) of title 5.'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Section 2304(f) of such title is amended--CommentsClose CommentsPermalink
(A) by striking paragraph (4); andCommentsClose CommentsPermalink
(B) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively.CommentsClose CommentsPermalink
SEC. 845. DISCLOSURE OF GOVERNMENT CONTRACTOR AUDIT FINDINGS.
(a) Required Annex on Significant Audit Findings-CommentsClose CommentsPermalink
(1) IN GENERAL- Each Inspector General appointed under the Inspector General Act of 1978 shall submit, as part of the semiannual report submitted to Congress pursuant to section 5 of such Act, an annex on final, completed contract audit reports issued to the contracting activity containing significant audit findings issued during the period covered by the semiannual report concerned.CommentsClose CommentsPermalink
(2) ELEMENTS- Such annex shall include--CommentsClose CommentsPermalink
(A) a list of such contract audit reports;CommentsClose CommentsPermalink
(B) for each audit report, a brief description of the nature of the significant audit findings in the report; andCommentsClose CommentsPermalink
(C) for each audit report, the specific amounts of costs identified as unsupported, questioned, or disallowed.CommentsClose CommentsPermalink
(3) INFORMATION EXEMPT FROM PUBLIC DISCLOSURE- (A) Nothing in this subsection shall be construed to require the release of information to the public that is exempt from public disclosure under
(B) For each element required by paragraph (2), the Inspector General concerned shall note each instance where information has been redacted in accordance with the requirements of
(b) Defense Contract Audit Agency Included- For purposes of subsection (a), audits of the Defense Contract Audit Agency shall be included in the annex provided by the Inspector General of the Department of Defense if they include significant audit findings.CommentsClose CommentsPermalink
(c) Exception- Subsection (a) shall not apply to an Inspector General if no audits described in such subsection were issued during the covered period.CommentsClose CommentsPermalink
(d) Submission of Individual Audits-CommentsClose CommentsPermalink
(1) REQUIREMENT- The head of each Federal department or agency shall provide, within 14 days after a request in writing by the chairman or ranking member of any committee listed in paragraph (2), a full and unredacted copy of any audit described in subsection (a). Such copy shall include an identification of information in the audit exempt from public disclosure under
(2) COMMITTEES- The committees listed in this paragraph are the following:CommentsClose CommentsPermalink
(A) The Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink
(B) The Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink
(C) The Committees on Appropriations of the House of Representatives and the Senate.CommentsClose CommentsPermalink
(D) With respect to the Department of Defense and the Department of Energy, the Committees on Armed Services of the Senate and House of Representatives.CommentsClose CommentsPermalink
(E) The Committees of primary jurisdiction over the agency or department to which the request is made.CommentsClose CommentsPermalink
(e) Classified Information- Nothing in this section shall be interpreted to require the handling of classified information or information relating to intelligence sources and methods in a manner inconsistent with any law, regulation, executive order, or rule of the House of Representatives or of the Senate relating to the handling or protection of such information.CommentsClose CommentsPermalink
(f) Definitions- In this section:CommentsClose CommentsPermalink
(1) SIGNIFICANT AUDIT FINDINGS- The term `significant audit findings' includes--CommentsClose CommentsPermalink
(A) unsupported, questioned, or disallowed costs in an amount in excess of $10,000,000; orCommentsClose CommentsPermalink
(B) other findings that the Inspector General of the agency or department concerned determines to be significant.CommentsClose CommentsPermalink
(2) CONTRACT- The term `contract' includes a contract, an order placed under a task or delivery order contract, or a subcontract.CommentsClose CommentsPermalink
SEC. 846. PROTECTION FOR CONTRACTOR EMPLOYEES FROM REPRISAL FOR DISCLOSURE OF CERTAIN INFORMATION.
(a) Increased Protection From Reprisal- Subsection (a) of
(1) by striking `disclosing to a Member of Congress' and inserting `disclosing to a Member of Congress, a representative of a committee of Congress, an Inspector General, the Government Accountability Office, a Department of Defense employee responsible for contract oversight or management,'; andCommentsClose CommentsPermalink
(2) by striking `information relating to a substantial violation of law related to a contract (including the competition for or negotiation of a contract)' and inserting `information that the employee reasonably believes is evidence of gross mismanagement of a Department of Defense contract or grant, a gross waste of Department of Defense funds, a substantial and specific danger to public health or safety, or a violation of law related to a Department of Defense contract (including the competition for or negotiation of a contract) or grant'.CommentsClose CommentsPermalink
(b) Clarification of Inspector General Determination- Subsection (b) of such section is amended--CommentsClose CommentsPermalink
(1) by inserting `(1)' after `Investigation of Complaints- ';CommentsClose CommentsPermalink
(2) by striking `an agency' and inserting `the Department of Defense, or the Inspector General of the National Aeronautics and Space Administration in the case of a complaint regarding the National Aeronautics and Space Administration'; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(2)(A) Except as provided under subparagraph (B), the Inspector General shall make a determination that a complaint is frivolous or submit a report under paragraph (1) within 180 days after receiving the complaint.CommentsClose CommentsPermalink
`(B) If the Inspector General is unable to complete an investigation in time to submit a report within the 180-day period specified in subparagraph (A) and the person submitting the complaint agrees to an extension of time, the Inspector General shall submit a report under paragraph (1) within such additional period of time as shall be agreed upon between the Inspector General and the person submitting the complaint.'.CommentsClose CommentsPermalink
(c) Acceleration of Schedule for Denying Relief or Providing Remedy- Subsection (c) of such section is amended--CommentsClose CommentsPermalink
(1) in paragraph (1), by striking `If the head of the agency determines that a contractor has subjected a person to a reprisal prohibited by subsection (a), the head of the agency may' and inserting after `(1)' the following: `Not later than 30 days after receiving an Inspector General report pursuant to subsection (b), the head of the agency concerned shall determine whether there is sufficient basis to conclude that the contractor concerned has subjected the complainant to a reprisal prohibited by subsection (a) and shall either issue an order denying relief or shall';CommentsClose CommentsPermalink
(2) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; andCommentsClose CommentsPermalink
(3) by inserting after paragraph (1) the following new paragraphs:CommentsClose CommentsPermalink
`(2) If the head of an executive agency issues an order denying relief under paragraph (1) or has not issued an order within 210 days after the submission of a complaint under subsection (b), or in the case of an extension of time under paragraph (b)(2)(B), not later than 30 days after the expiration of the extension of time, and there is no showing that such delay is due to the bad faith of the complainant, the complainant shall be deemed to have exhausted all administrative remedies with respect to the complaint, and the complainant may bring a de novo action at law or equity against the contractor to seek compensatory damages and other relief available under this section in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. Such an action shall, at the request of either party to the action, be tried by the court with a jury.CommentsClose CommentsPermalink
`(3) An Inspector General determination and an agency head order denying relief under paragraph (2) shall be admissible in evidence in any de novo action at law or equity brought pursuant to this subsection.'.CommentsClose CommentsPermalink
(d) Definitions- Subsection (e) of such section is amended--CommentsClose CommentsPermalink
(1) in paragraph (4), by inserting `or a grant' after `a contract'; andCommentsClose CommentsPermalink
(2) by inserting before the period at the end the following: `and any Inspector General that receives funding from, or has oversight over contracts awarded for or on behalf of, the Secretary of Defense'.CommentsClose CommentsPermalink
SEC. 847. REQUIREMENTS FOR SENIOR DEPARTMENT OF DEFENSE OFFICIALS SEEKING EMPLOYMENT WITH DEFENSE CONTRACTORS.
(a) Requirement to Seek and Obtain Written Opinion-CommentsClose CommentsPermalink
(1) REQUEST- An official or former official of the Department of Defense described in subsection (c) who, within two years after leaving service in the Department of Defense, expects to receive compensation from a Department of Defense contractor, shall, prior to accepting such compensation, request a written opinion regarding the applicability of post-employment restrictions to activities that the official or former official may undertake on behalf of a contractor.CommentsClose CommentsPermalink
(2) SUBMISSION OF REQUEST- A request for a written opinion under paragraph (1) shall be submitted in writing to an ethics official of the Department of Defense having responsibility for the organization in which the official or former official serves or served and shall set forth all information relevant to the request, including information relating to government positions held and major duties in those positions, actions taken concerning future employment, positions sought, and future job descriptions, if applicable.CommentsClose CommentsPermalink
(3) WRITTEN OPINION- Not later than 30 days after receiving a request by an official or former official of the Department of Defense described in subsection (c), the appropriate ethics counselor shall provide such official or former official a written opinion regarding the applicability or inapplicability of post-employment restrictions to activities that the official or former official may undertake on behalf of a contractor.CommentsClose CommentsPermalink
(4) CONTRACTOR REQUIREMENT- A Department of Defense contractor may not knowingly provide compensation to a former Department of Defense official described in subsection (c) within two years after such former official leaves service in the Department of Defense, without first determining that the former official has sought and received (or has not received after 30 days of seeking) a written opinion from the appropriate ethics counselor regarding the applicability of post-employment restrictions to the activities that the former official is expected to undertake on behalf of the contractor.CommentsClose CommentsPermalink
(5) ADMINISTRATIVE ACTIONS- In the event that an official or former official of the Department of Defense described in subsection (c), or a Department of Defense contractor, knowingly fails to comply with the requirements of this subsection, the Secretary of Defense may take any of the administrative actions set forth in section 27(e) of the Office of Federal Procurement Policy Act (
(b) Recordkeeping Requirement-CommentsClose CommentsPermalink
(1) DATABASE- Each request for a written opinion made pursuant to this section, and each written opinion provided pursuant to such a request, shall be retained by the Department of Defense in a central database or repository for not less than five years beginning on the date on which the written opinion was provided.CommentsClose CommentsPermalink
(2) INSPECTOR GENERAL REVIEW- The Inspector General of the Department of Defense shall conduct periodic reviews to ensure that written opinions are being provided and retained in accordance with the requirements of this section. The first such review shall be conducted no later than two years after the date of the enactment of this Act.CommentsClose CommentsPermalink
(c) Covered Department of Defense Officials- An official or former official of the Department of Defense is covered by the requirements of this section if such official or former official--CommentsClose CommentsPermalink
(1) participated personally and substantially in an acquisition as defined in section 4(16) of the Office of Federal Procurement Policy Act with a value in excess of $10,000,000 and serves or served--CommentsClose CommentsPermalink
(A) in an Executive Schedule position under subchapter II of chapter 53 of title 5, United States Code;CommentsClose CommentsPermalink
(B) in a position in the Senior Executive Service under subchapter VIII of chapter 53 of title 5, United States Code; orCommentsClose CommentsPermalink
(C) in a general or flag officer position compensated at a rate of pay for grade O-7 or above under
(2) serves or served as a program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10,000,000.CommentsClose CommentsPermalink
(d) Definition- In this section, the term `post-employment restrictions' includes--CommentsClose CommentsPermalink
(1) section 27 of the Office of Federal Procurement Policy Act (
(2)
(3) any other statute or regulation restricting the employment or activities of individuals who leave government service in the Department of Defense.CommentsClose CommentsPermalink
SEC. 848. REPORT ON CONTRACTOR ETHICS PROGRAMS OF MAJOR DEFENSE CONTRACTORS.
(a) Report Required- Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the internal ethics programs of major defense contractors.CommentsClose CommentsPermalink
(b) Elements- The report required by subsection (a) shall address, at a minimum--CommentsClose CommentsPermalink
(1) the extent to which major defense contractors have internal ethics programs in place;CommentsClose CommentsPermalink
(2) the extent to which the ethics programs described in paragraph (1) include--CommentsClose CommentsPermalink
(A) the availability of internal mechanisms, such as hotlines, for contractor employees to report conduct that may violate applicable requirements of law or regulation;CommentsClose CommentsPermalink
(B) notification to contractor employees of the availability of external mechanisms, such as the hotline of the Inspector General of the Department of Defense, for the reporting of conduct that may violate applicable requirements of law or regulation;CommentsClose CommentsPermalink
(C) notification to contractor employees of their right to be free from reprisal for disclosing a substantial violation of law related to a contract, in accordance with
(D) ethics training programs for contractor officers and employees;CommentsClose CommentsPermalink
(E) internal audit or review programs to identify and address conduct that may violate applicable requirements of law or regulation;CommentsClose CommentsPermalink
(F) self-reporting requirements, under which contractors report conduct that may violate applicable requirements of law or regulation to appropriate government officials;CommentsClose CommentsPermalink
(G) disciplinary action for contractor employees whose conduct is determined to have violated applicable requirements of law or regulation; andCommentsClose CommentsPermalink
(H) appropriate management oversight to ensure the successful implementation of such ethics programs;CommentsClose CommentsPermalink
(3) the extent to which the Department of Defense monitors or approves the ethics programs of major defense contractors; andCommentsClose CommentsPermalink
(4) the advantages and disadvantages of legislation requiring that defense contractors develop internal ethics programs and requiring that specific elements be included in such ethics programs.CommentsClose CommentsPermalink
(c) Access to Information- In accordance with the contract clause required pursuant to
(d) Major Defense Contractor Defined- In this section, the term `major defense contractor' means any company that was awarded contracts by the Department of Defense during fiscal year 2006 in amounts totaling more than $500,000,000.CommentsClose CommentsPermalink
SEC. 849. CONTINGENCY CONTRACTING TRAINING FOR PERSONNEL OUTSIDE THE ACQUISITION WORKFORCE AND EVALUATIONS OF ARMY COMMISSION RECOMMENDATIONS.
(a) Training Requirement-
(1) by redesignating subsection (e) as subsection (f); andCommentsClose CommentsPermalink
(2) by inserting after subsection (d) the following new subsection (e):CommentsClose CommentsPermalink
`(e) Training for Personnel Outside Acquisition Workforce- (1) The joint policy for requirements definition, contingency program management, and contingency contracting required by subsection (a) shall provide for training of military personnel outside the acquisition workforce (including operational field commanders and officers performing key staff functions for operational field commanders) who are expected to have acquisition responsibility, including oversight duties associated with contracts or contractors, during combat operations, post-conflict operations, and contingency operations.CommentsClose CommentsPermalink
`(2) Training under paragraph (1) shall be sufficient to ensure that the military personnel referred to in that paragraph understand the scope and scale of contractor support they will experience in contingency operations and are prepared for their roles and responsibilities with regard to requirements definition, program management (including contractor oversight), and contingency contracting.CommentsClose CommentsPermalink
`(3) The joint policy shall also provide for the incorporation of contractors and contract operations in mission readiness exercises for operations that will include contracting and contractor support.'.CommentsClose CommentsPermalink
(b) Organizational Requirements-CommentsClose CommentsPermalink
(1) EVALUATION BY THE SECRETARY OF DEFENSE- The Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall evaluate the recommendations included in the report of the Commission on Army Acquisition and Program Management in Expeditionary Operations and shall determine the extent to which such recommendations are applicable to the other Armed Forces. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees with the conclusions of this evaluation and a description of the Secretary's plans for implementing the Commission's recommendations for Armed Forces other than the Army.CommentsClose CommentsPermalink
(2) EVALUATION BY THE SECRETARY OF THE ARMY- The Secretary of the Army, in consultation with the Chief of Staff of the Army, shall evaluate the recommendations included in the report of the Commission on Army Acquisition and Program Management in Expeditionary Operations. Not later than 120 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report detailing the Secretary's plans for implementation of the recommendations of the Commission. The report shall include the following:CommentsClose CommentsPermalink
(A) For each recommendation that has been implemented, or that the Secretary plans to implement--CommentsClose CommentsPermalink
(i) a summary of all actions that have been taken to implement such recommendation; andCommentsClose CommentsPermalink
(ii) a schedule, with specific milestones, for completing the implementation of such recommendation.CommentsClose CommentsPermalink
(B) For each recommendation that the Secretary has not implemented and does not plan to implement--CommentsClose CommentsPermalink
(i) the reasons for the decision not to implement such recommendation; andCommentsClose CommentsPermalink
(ii) a summary of any alternative actions the Secretary plans to take to address the purposes underlying such recommendation.CommentsClose CommentsPermalink
(C) For each recommendation that would require legislation to implement, the Secretary's recommendations regarding such legislation.CommentsClose CommentsPermalink
(c) Comptroller General Report- Section 854(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
`(3) COMPTROLLER GENERAL REPORT- Not later than 180 days after the date on which the Secretary of Defense submits the final report required by paragraph (2), the Comptroller General of the United States shall--CommentsClose CommentsPermalink
`(A) review the joint policies developed by the Secretary, including the implementation of such policies; andCommentsClose CommentsPermalink
`(B) submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the extent to which such policies, and the implementation of such policies, comply with the requirements of
Subtitle E--Acquisition Workforce Provisions
SEC. 851. REQUIREMENT FOR SECTION ON DEFENSE ACQUISITION WORKFORCE IN STRATEGIC HUMAN CAPITAL PLAN.
(a) In General- In the update of the strategic human capital plan for 2008, and in each subsequent update, the Secretary of Defense shall include a separate section focused on the defense acquisition workforce, including both military and civilian personnel.CommentsClose CommentsPermalink
(b) Funding- The section shall contain--CommentsClose CommentsPermalink
(1) an identification of the funding programmed for defense acquisition workforce improvements, including a specific identification of funding provided in the Department of Defense Acquisition Workforce Fund established under
(2) an identification of the funding programmed for defense acquisition workforce training in the future-years defense program, including a specific identification of funding provided by the acquisition workforce training fund established under section 37(h)(3) of the Office of Federal Procurement Policy Act (
(3) a description of how the funding identified pursuant to paragraphs (1) and (2) will be implemented during the fiscal year concerned to address the areas of need identified in accordance with subsection (c);CommentsClose CommentsPermalink
(4) a statement of whether the funding identified under paragraphs (1) and (2) is being fully used; andCommentsClose CommentsPermalink
(5) a description of any continuing shortfall in funding available for the defense acquisition workforce.CommentsClose CommentsPermalink
(c) Areas of Need- The section also shall identify any areas of need in the defense acquisition workforce, including--CommentsClose CommentsPermalink
(1) gaps in the skills and competencies of the current or projected defense acquisition workforce;CommentsClose CommentsPermalink
(2) changes to the types of skills needed in the current or projected defense acquisition workforce;CommentsClose CommentsPermalink
(3) incentives to retain in the defense acquisition workforce qualified, experienced defense acquisition workforce personnel; andCommentsClose CommentsPermalink
(4) incentives for attracting new, high-quality personnel to the defense acquisition workforce.CommentsClose CommentsPermalink
(d) Strategic Human Capital Plan Defined- In this section, the term `strategic human capital plan' means the strategic human capital plan required under section 1122 of the National Defense Authorization Act for Fiscal Year 2006 (
SEC. 852. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND.
(a) In General-CommentsClose CommentsPermalink
(1) ESTABLISHMENT OF FUND- Chapter 87 of title 10, United States Code, is amended by inserting after section 1704 the following new section:CommentsClose CommentsPermalink
`Sec. 1705. Department of Defense Acquisition Workforce Development Fund
`(a) Establishment- The Secretary of Defense shall establish a fund to be known as the `Department of Defense Acquisition Workforce Fund' (in this section referred to as the `Fund') to provide funds, in addition to other funds that may be available, for the recruitment, training, and retention of acquisition personnel of the Department of Defense.CommentsClose CommentsPermalink
`(b) Purpose- The purpose of the Fund is to ensure that the Department of Defense acquisition workforce has the capacity, in both personnel and skills, needed to properly perform its mission, provide appropriate oversight of contractor performance, and ensure that the Department receives the best value for the expenditure of public resources.CommentsClose CommentsPermalink
`(c) Management- The Fund shall be managed by a senior official of the Department of Defense designated by the Under Secretary of Defense for Acquisition, Technology, and Logistics for that purpose, from among persons with an extensive background in management relating to acquisition and personnel.CommentsClose CommentsPermalink
`(d) Elements-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Fund shall consist of amounts as follows:CommentsClose CommentsPermalink
`(A) Amounts credited to the Fund under paragraph (2).CommentsClose CommentsPermalink
`(B) Any other amounts appropriated to, credited to, or deposited into the Fund by law.CommentsClose CommentsPermalink
`(2) CREDITS TO THE FUND- (A) There shall be credited to the Fund an amount equal to the applicable percentage for a fiscal year of all amounts expended by the Department of Defense in such fiscal year for contract services, other than services relating to research and development and services relating to military construction.CommentsClose CommentsPermalink
`(B) Not later than 30 days after the end of the third fiscal year quarter of fiscal year 2008, and 30 days after the end of each fiscal year quarter thereafter, the head of each military department and Defense Agency shall remit to the Secretary of Defense an amount equal to the applicable percentage for such fiscal year of the amount expended by such military department or Defense Agency, as the case may be, during such fiscal year quarter for services covered by subparagraph (A). Any amount so remitted shall be credited to the Fund under subparagraph (A).CommentsClose CommentsPermalink
`(C) For purposes of this paragraph, the applicable percentage for a fiscal year is a percentage as follows:CommentsClose CommentsPermalink
`(i) For fiscal year 2008, 0.5 percent.CommentsClose CommentsPermalink
`(ii) For fiscal year 2009, 1 percent.CommentsClose CommentsPermalink
`(iii) For fiscal year 2010, 1.5 percent.CommentsClose CommentsPermalink
`(iv) For any fiscal year after fiscal year 2010, 2 percent.CommentsClose CommentsPermalink
`(D) The Secretary of Defense may reduce a percentage established in subparagraph (C) for any fiscal year, if he determines that the application of such percentage would result in the crediting of an amount greater than is reasonably needed for the purpose of the Fund. In no event may the Secretary reduce a percentage for any fiscal year below a percentage that results in the deposit in a fiscal year of an amount equal to the following:CommentsClose CommentsPermalink
`(i) For fiscal year 2008, $300,000,000.CommentsClose CommentsPermalink
`(ii) For fiscal year 2009, $400,000,000.CommentsClose CommentsPermalink
`(iii) For fiscal year 2010, $500,000,000.CommentsClose CommentsPermalink
`(iv) For any fiscal year after fiscal year 2010, $600,000,000.CommentsClose CommentsPermalink
`(e) Availability of Funds-CommentsClose CommentsPermalink
`(1) IN GENERAL- Subject to the provisions of this subsection, amounts in the Fund shall be available to the Secretary of Defense for expenditure, or for transfer to a military department or Defense Agency, for the recruitment, training, and retention of acquisition personnel of the Department of Defense for the purpose of the Fund, including for the provision of training and retention incentives to the acquisition workforce of the Department.CommentsClose CommentsPermalink
`(2) PROHIBITION- Amounts in the Fund may not be obligated for any purpose other than purposes described in paragraph (1) or otherwise in accordance with this subsection.CommentsClose CommentsPermalink
`(3) GUIDANCE- The Under Secretary of Defense for Acquisition, Technology, and Logistics, acting through the senior official designated to manage the Fund, shall issue guidance for the administration of the Fund. Such guidance shall include provisions--CommentsClose CommentsPermalink
`(A) identifying areas of need in the acquisition workforce for which amounts in the Fund may be used, including--CommentsClose CommentsPermalink
`(i) changes to the types of skills needed in the acquisition workforce;CommentsClose CommentsPermalink
`(ii) incentives to retain in the acquisition workforce qualified, experienced acquisition workforce personnel; andCommentsClose CommentsPermalink
`(iii) incentives for attracting new, high-quality personnel to the acquisition workforce;CommentsClose CommentsPermalink
`(B) describing the manner and timing for applications for amounts in the Fund to be submitted;CommentsClose CommentsPermalink
`(C) describing the evaluation criteria to be used for approving or prioritizing applications for amounts in the Fund in any fiscal year; andCommentsClose CommentsPermalink
`(D) describing measurable objectives of performance for determining whether amounts in the Fund are being used in compliance with this section.CommentsClose CommentsPermalink
`(4) LIMITATION ON PAYMENTS TO OR FOR CONTRACTORS- Amounts in the Fund shall not be available for payments to contractors or contractor employees, other than for the purpose of providing advanced training to Department of Defense employees.CommentsClose CommentsPermalink
`(5) PROHIBITION ON PAYMENT OF BASE SALARY OF CURRENT EMPLOYEES- Amounts in the Fund may not be used to pay the base salary of any person who was an employee of the Department as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008.CommentsClose CommentsPermalink
`(6) DURATION OF AVAILABILITY- Amounts credited to the Fund under subsection (d)(2) shall remain available for expenditure in the fiscal year for which credited and the two succeeding fiscal years.CommentsClose CommentsPermalink
`(f) Annual Report- Not later than 60 days after the end of each fiscal year beginning with fiscal year 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the operation of the Fund during such fiscal year. Each report shall include, for the fiscal year covered by such report, the following:CommentsClose CommentsPermalink
`(1) A statement of the amounts remitted to the Secretary for crediting to the Fund for such fiscal year by each military department and Defense Agency, and a statement of the amounts credited to the Fund for such fiscal year.CommentsClose CommentsPermalink
`(2) A description of the expenditures made from the Fund (including expenditures following a transfer of amounts in the Fund to a military department or Defense Agency) in such fiscal year, including the purpose of such expenditures.CommentsClose CommentsPermalink
`(3) A description and assessment of improvements in the Department of Defense acquisition workforce resulting from such expenditures.CommentsClose CommentsPermalink
`(4) Recommendations for additional authorities to fulfill the purpose of the Fund.CommentsClose CommentsPermalink
`(5) A statement of the balance remaining in the Fund at the end of such fiscal year.CommentsClose CommentsPermalink
`(g) Acquisition Workforce Defined- In this section, the term `acquisition workforce' means personnel in positions designated under section 1721 of this title as acquisition positions for purposes of this chapter.'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of subchapter I of such chapter is amended by inserting after the item relating to section 1704 the following new item:CommentsClose CommentsPermalink
`1705. Department of Defense Acquisition Workforce Development Fund.'.CommentsClose CommentsPermalink
(b) Effective Date-
SEC. 853. EXTENSION OF AUTHORITY TO FILL SHORTAGE CATEGORY POSITIONS FOR CERTAIN FEDERAL ACQUISITION POSITIONS.
Section 1413(b) of the National Defense Authorization Act for Fiscal Year 2004 (
SEC. 854. REPEAL OF SUNSET OF ACQUISITION WORKFORCE TRAINING FUND.
Section 37(h)(3) of the Office of Federal Procurement Policy Act (
SEC. 855. FEDERAL ACQUISITION WORKFORCE IMPROVEMENTS.
(a) Associate Administrator for Acquisition Workforce Programs- The Administrator for Federal Procurement Policy shall designate a member of the Senior Executive Service as the Associate Administrator for Acquisition Workforce Programs. The Associate Administrator for Acquisition Workforce Programs shall be located in the Federal Acquisition Institute (or its successor). The Associate Administrator shall be responsible for--CommentsClose CommentsPermalink
(1) supervising the acquisition workforce training fund established under section 37(h)(3) of the Office of Federal Procurement Policy Act (41 U. S. C. 433(h)(3));CommentsClose CommentsPermalink
(2) developing, in coordination with Chief Acquisition Officers and Chief Human Capital Officers, a strategic human capital plan for the acquisition workforce of the Federal Government;CommentsClose CommentsPermalink
(3) reviewing and providing input to individual agency acquisition workforce succession plans;CommentsClose CommentsPermalink
(4) recommending to the Administrator and other senior government officials appropriate programs, policies, and practices to increase the quantity and quality of the Federal acquisition workforce; andCommentsClose CommentsPermalink
(5) carrying out such other functions as the Administrator may assign.CommentsClose CommentsPermalink
(b) Acquisition and Contracting Training Programs Within Executive Agencies-CommentsClose CommentsPermalink
(1) REQUIREMENT- The head of each executive agency, after consultation with the Associate Administrator for Acquisition Workforce Programs, shall establish and operate acquisition and contracting training programs. Such programs shall--CommentsClose CommentsPermalink
(A) have curricula covering a broad range of acquisition and contracting disciplines corresponding to the specific acquisition and contracting needs of the agency involved;CommentsClose CommentsPermalink
(B) be developed and applied according to rigorous standards; andCommentsClose CommentsPermalink
(C) be designed to maximize efficiency, through the use of self-paced courses, online courses, on-the-job training, and the use of remote instructors, wherever such features can be applied without reducing the effectiveness of the training or negatively affecting academic standards.CommentsClose CommentsPermalink
(2) CHIEF ACQUISITION OFFICER AUTHORITIES AND RESPONSIBILITIES- Subject to the authority, direction, and control of the head of an executive agency, the Chief Acquisition Officer for such agency shall carry out all powers, functions, and duties of the head of the agency with respect to implementation of this subsection. The Chief Acquisition Officer shall ensure that the policies established by the head of the agency in accordance with this subsection are implemented throughout the agency.CommentsClose CommentsPermalink
(c) Government-Wide Policies and Evaluation- The Administrator for Federal Procurement Policy shall issue policies to promote the development of performance standards for training and uniform implementation of this section by executive agencies, with due regard for differences in program requirements among agencies that may be appropriate and warranted in view of the agency mission. The Administrator shall evaluate the implementation of the provisions of subsection (b) by executive agencies.CommentsClose CommentsPermalink
(d) Acquisition and Contracting Training Reporting- The Administrator for Federal Procurement Policy shall ensure that the heads of executive agencies collect and maintain standardized information on the acquisition and contracting workforce related to the implementation of subsection (b).CommentsClose CommentsPermalink
(e) Acquisition Workforce Human Capital Succession Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, each Chief Acquisition Officer for an executive agency shall develop, in consultation with the Chief Human Capital Officer for the agency and the Associate Administrator for Acquisition Workforce Programs, a succession plan consistent with the agency's strategic human capital plan for the recruitment, development, and retention of the agency's acquisition workforce, with a particular focus on warranted contracting officers and program managers of the agency.CommentsClose CommentsPermalink
(2) CONTENT OF PLAN- The acquisition workforce succession plan shall address--CommentsClose CommentsPermalink
(A) recruitment goals for personnel from procurement intern programs;CommentsClose CommentsPermalink
(B) the agency's acquisition workforce training needs;CommentsClose CommentsPermalink
(C) actions to retain high performing acquisition professionals who possess critical relevant skills;CommentsClose CommentsPermalink
(D) recruitment goals for personnel from the Federal Career Intern Program; andCommentsClose CommentsPermalink
(E) recruitment goals for personnel from the Presidential Management Fellows Program.CommentsClose CommentsPermalink
(f) Training in the Acquisition of Architect and Engineering Services- The Administrator for Federal Procurement Policy shall ensure that a sufficient number of Federal employees are trained in the acquisition of architect and engineering services.CommentsClose CommentsPermalink
(g) Utilization of Recruitment and Retention Authorities- The Administrator for Federal Procurement Policy, in coordination with the Director of the Office of Personnel Management, shall encourage executive agencies to utilize existing authorities, including direct hire authority and tuition assistance programs, to recruit and retain acquisition personnel and consider recruiting acquisition personnel who may be retiring from the private sector, consistent with existing laws and regulations.CommentsClose CommentsPermalink
(h) Definitions- In this section:CommentsClose CommentsPermalink
(1) EXECUTIVE AGENCY- The term `executive agency' has the meaning provided in section 4(1) of the Office of Federal Procurement Policy Act (
(2) CHIEF ACQUISITION OFFICER- The term `Chief Acquisition Officer' means a Chief Acquisition Officer for an executive agency appointed pursuant to section 16 of the Office of Federal Procurement Policy Act (
Subtitle F--Contracts in Iraq and Afghanistan
SEC. 861. MEMORANDUM OF UNDERSTANDING ON MATTERS RELATING TO CONTRACTING.
(a) Memorandum of Understanding Required- The Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall, not later than July 1, 2008, enter into a memorandum of understanding regarding matters relating to contracting for contracts in Iraq or Afghanistan.CommentsClose CommentsPermalink
(b) Matters Covered- The memorandum of understanding required by subsection (a) shall address, at a minimum, the following:CommentsClose CommentsPermalink
(1) Identification of the major categories of contracts in Iraq or Afghanistan being awarded by the Department of Defense, the Department of State, or the United States Agency for International Development.CommentsClose CommentsPermalink
(2) Identification of the roles and responsibilities of each department or agency for matters relating to contracting for contracts in Iraq or Afghanistan.CommentsClose CommentsPermalink
(3) Responsibility for establishing procedures for, and the coordination of, movement of contractor personnel in Iraq or Afghanistan.CommentsClose CommentsPermalink
(4) Identification of common databases that will serve as repositories of information on contracts in Iraq or Afghanistan and contractor personnel in Iraq or Afghanistan, including agreement on the elements to be included in the databases, including, at a minimum--CommentsClose CommentsPermalink
(A) with respect to each contract--CommentsClose CommentsPermalink
(i) a brief description of the contract (to the extent consistent with security considerations);CommentsClose CommentsPermalink
(ii) the total value of the contract; andCommentsClose CommentsPermalink
(iii) whether the contract was awarded competitively; andCommentsClose CommentsPermalink
(B) with respect to contractor personnel--CommentsClose CommentsPermalink
(i) the total number of personnel employed on contracts in Iraq or Afghanistan;CommentsClose CommentsPermalink
(ii) the total number of personnel performing security functions under contracts in Iraq or Afghanistan; andCommentsClose CommentsPermalink
(iii) the total number of personnel working under contracts in Iraq or Afghanistan who have been killed or wounded.CommentsClose CommentsPermalink
(5) Responsibility for maintaining and updating information in the common databases identified under paragraph (4).CommentsClose CommentsPermalink
(6) Responsibility for the collection and referral to the appropriate Government agency of any information relating to offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) or chapter 212 of title 18, United States Code (commonly referred to as the Military Extraterritorial Jurisdiction Act), including a clarification of responsibilities under
(c) Implementation of Memorandum of Understanding- Not later than 120 days after the memorandum of understanding required by subsection (a) is signed, the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall issue such policies or guidance and prescribe such regulations as are necessary to implement the memorandum of understanding for the relevant matters pertaining to their respective agencies.CommentsClose CommentsPermalink
(d) Copies Provided to Congress-CommentsClose CommentsPermalink
(1) MEMORANDUM OF UNDERSTANDING- Copies of the memorandum of understanding required by subsection (a) shall be provided to the relevant committees of Congress within 30 days after the memorandum is signed.CommentsClose CommentsPermalink
(2) REPORT ON IMPLEMENTATION- Not later than 180 days after the memorandum of understanding required by subsection (a) is signed, the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development shall each provide a report to the relevant committees of Congress on the implementation of the memorandum of understanding.CommentsClose CommentsPermalink
(3) DATABASES- The Secretary of Defense, the Secretary of State, or the Administrator of the United States Agency for International Development shall provide access to the common databases identified under subsection (b)(4) to the relevant committees of Congress.CommentsClose CommentsPermalink
(4) CONTRACTS- Effective on the date of the enactment of this Act, copies of any contracts in Iraq or Afghanistan awarded after December 1, 2007, shall be provided to any of the relevant committees of Congress within 15 days after the submission of a request for such contract or contracts from such committee to the department or agency managing the contract.CommentsClose CommentsPermalink
SEC. 862. CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS IN AREAS OF COMBAT OPERATIONS.
(a) Regulations on Contractors Performing Private Security Functions-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall prescribe regulations on the selection, training, equipping, and conduct of personnel performing private security functions under a covered contract in an area of combat operations.CommentsClose CommentsPermalink
(2) ELEMENTS- The regulations prescribed under subsection (a) shall, at a minimum, establish--CommentsClose CommentsPermalink
(A) a process for registering, processing, accounting for, and keeping appropriate records of personnel performing private security functions in an area of combat operations;CommentsClose CommentsPermalink
(B) a process for authorizing and accounting for weapons to be carried by, or available to be used by, personnel performing private security functions in an area of combat operations;CommentsClose CommentsPermalink
(C) a process for the registration and identification of armored vehicles, helicopters, and other military vehicles operated by contractors performing private security functions in an area of combat operations;CommentsClose CommentsPermalink
(D) a process under which contractors are required to report all incidents, and persons other than contractors are permitted to report incidents, in which--CommentsClose CommentsPermalink
(i) a weapon is discharged by personnel performing private security functions in an area of combat operations;CommentsClose CommentsPermalink
(ii) personnel performing private security functions in an area of combat operations are killed or injured; orCommentsClose CommentsPermalink
(iii) persons are killed or injured, or property is destroyed, as a result of conduct by contractor personnel;CommentsClose CommentsPermalink
(E) a process for the independent review and, if practicable, investigation of--CommentsClose CommentsPermalink
(i) incidents reported pursuant to subparagraph (D); andCommentsClose CommentsPermalink
(ii) incidents of alleged misconduct by personnel performing private security functions in an area of combat operations;CommentsClose CommentsPermalink
(F) requirements for qualification, training, screening (including, if practicable, through background checks), and security for personnel performing private security functions in an area of combat operations;CommentsClose CommentsPermalink
(G) guidance to the commanders of the combatant commands on the issuance of--CommentsClose CommentsPermalink
(i) orders, directives, and instructions to contractors performing private security functions relating to equipment, force protection, security, health, safety, or relations and interaction with locals;CommentsClose CommentsPermalink
(ii) predeployment training requirements for personnel performing private security functions in an area of combat operations, addressing the requirements of this section, resources and assistance available to contractor personnel, country information and cultural training, and guidance on working with host country nationals and military; andCommentsClose CommentsPermalink
(iii) rules on the use of force for personnel performing private security functions in an area of combat operations;CommentsClose CommentsPermalink
(H) a process by which a commander of a combatant command may request an action described in subsection (b)(3); andCommentsClose CommentsPermalink
(I) a process by which the training requirements referred to in subparagraph (G)(ii) shall be implemented.CommentsClose CommentsPermalink
(3) AVAILABILITY OF ORDERS, DIRECTIVES, AND INSTRUCTIONS- The regulations prescribed under subsection (a) shall include mechanisms to ensure the provision and availability of the orders, directives, and instructions referred to in paragraph (2)(G)(i) to contractors referred to in that paragraph, including through the maintenance of a single location (including an Internet website, to the extent consistent with security considerations) at or through which such contractors may access such orders, directives, and instructions.CommentsClose CommentsPermalink
(b) Contract Clause on Contractors Performing Private Security Functions-CommentsClose CommentsPermalink
(1) REQUIREMENT UNDER FAR- Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation issued in accordance with section 25 of the Office of Federal Procurement Policy Act (
(2) CLAUSE REQUIREMENT- The contract clause required by paragraph (1) shall require, at a minimum, that the contractor concerned shall--CommentsClose CommentsPermalink
(A) comply with regulations prescribed under subsection (a), including any revisions or updates to such regulations, and follow the procedures established in such regulations for--CommentsClose CommentsPermalink
(i) registering, processing, accounting for, and keeping appropriate records of personnel performing private security functions in an area of combat operations;CommentsClose CommentsPermalink
(ii) authorizing and accounting of weapons to be carried by, or available to be used by, personnel performing private security functions in an area of combat operations;CommentsClose CommentsPermalink
(iii) registration and identification of armored vehicles, helicopters, and other military vehicles operated by contractors and subcontractors performing private security functions in an area of combat operations; andCommentsClose CommentsPermalink
(iv) the reporting of incidents in which--CommentsClose CommentsPermalink
(I) a weapon is discharged by personnel performing private security functions in an area of combat operations;CommentsClose CommentsPermalink
(II) personnel performing private security functions in an area of combat operations are killed or injured; orCommentsClose CommentsPermalink
(III) persons are killed or injured, or property is destroyed, as a result of conduct by contractor personnel;CommentsClose CommentsPermalink
(B) ensure that all personnel performing private security functions under such contract are briefed on and understand their obligation to comply with--CommentsClose CommentsPermalink
(i) qualification, training, screening (including, if practicable, through background checks), and security requirements established by the Secretary of Defense for personnel performing private security functions in an area of combat operations;CommentsClose CommentsPermalink
(ii) applicable laws and regulations of the United States and the host country, and applicable treaties and international agreements, regarding the performance of the functions of the contractor;CommentsClose CommentsPermalink
(iii) orders, directives, and instructions issued by the applicable commander of a combatant command relating to equipment, force protection, security, health, safety, or relations and interaction with locals; andCommentsClose CommentsPermalink
(iv) rules on the use of force issued by the applicable commander of a combatant command for personnel performing private security functions in an area of combat operations; andCommentsClose CommentsPermalink
(C) cooperate with any investigation conducted by the Department of Defense pursuant to subsection (a)(2)(E) by providing access to employees of the contractor and relevant information in the possession of the contractor regarding the incident concerned.CommentsClose CommentsPermalink
(3) NONCOMPLIANCE OF PERSONNEL WITH CLAUSE- The contracting officer for a covered contract may direct the contractor, at its own expense, to remove or replace any personnel performing private security functions in an area of combat operations who violate or fail to comply with applicable requirements of the clause required by this subsection. If the violation or failure to comply is a gross violation or failure or is repeated, the contract may be terminated for default.CommentsClose CommentsPermalink
(4) APPLICABILITY- The contract clause required by this subsection shall be included in all covered contracts awarded on or after the date that is 180 days after the date of the enactment of this Act. Federal agencies shall make best efforts to provide for the inclusion of the contract clause required by this subsection in covered contracts awarded before such date.CommentsClose CommentsPermalink
(5) INSPECTOR GENERAL REPORT ON PILOT PROGRAM ON IMPOSITION OF FINES FOR NONCOMPLIANCE OF PERSONNEL WITH CLAUSE- Not later than March 30, 2008, the Inspector General of the Department of Defense shall submit to Congress a report assessing the feasibility and advisability of carrying out a pilot program for the imposition of fines on contractors for personnel who violate or fail to comply with applicable requirements of the clause required by this section as a mechanism for enhancing the compliance of such personnel with the clause. The report shall include--CommentsClose CommentsPermalink
(A) an assessment of the feasibility and advisability of carrying out the pilot program; andCommentsClose CommentsPermalink
(B) if the Inspector General determines that carrying out the pilot program is feasible and advisable--CommentsClose CommentsPermalink
(i) recommendations on the range of contracts and subcontracts to which the pilot program should apply; andCommentsClose CommentsPermalink
(ii) a schedule of fines to be imposed under the pilot program for various types of personnel actions or failures.CommentsClose CommentsPermalink
(c) Areas of Combat Operations-CommentsClose CommentsPermalink
(1) DESIGNATION- The Secretary of Defense shall designate the areas constituting an area of combat operations for purposes of this section by not later than 120 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) PARTICULAR AREAS- Iraq and Afghanistan shall be included in the areas designated as an area of combat operations under paragraph (1).CommentsClose CommentsPermalink
(3) ADDITIONAL AREAS- The Secretary may designate any additional area as an area constituting an area of combat operations for purposes of this section if the Secretary determines that the presence or potential of combat operations in such area warrants designation of such area as an area of combat operations for purposes of this section.CommentsClose CommentsPermalink
(4) MODIFICATION OR ELIMINATION OF DESIGNATION- The Secretary may modify or cease the designation of an area under this subsection as an area of combat operations if the Secretary determines that combat operations are no longer ongoing in such area.CommentsClose CommentsPermalink
(d) Exception- The requirements of this section shall not apply to contracts entered into by elements of the intelligence community in support of intelligence activities.CommentsClose CommentsPermalink
SEC. 863. COMPTROLLER GENERAL REVIEWS AND REPORTS ON CONTRACTING IN IRAQ AND AFGHANISTAN.
(a) Reviews and Reports Required-CommentsClose CommentsPermalink
(1) IN GENERAL- Every 12 months, the Comptroller General shall review contracts in Iraq or Afghanistan and submit to the relevant committees of Congress a report on such review.CommentsClose CommentsPermalink
(2) MATTERS COVERED- A report under this subsection shall cover the following with respect to the contracts in Iraq or Afghanistan reviewed for the report:CommentsClose CommentsPermalink
(A) Total number of contracts and task orders awarded during the period covered by the report.CommentsClose CommentsPermalink
(B) Total number of active contracts and task orders.CommentsClose CommentsPermalink
(C) Total value of all contracts and task orders awarded during the reporting period.CommentsClose CommentsPermalink
(D) Total value of active contracts and task orders.CommentsClose CommentsPermalink
(E) The extent to which such contracts have used competitive procedures.CommentsClose CommentsPermalink
(F) Total number of contractor personnel working on contracts during the reporting period.CommentsClose CommentsPermalink
(G) Total number of contractor personnel, on average, who are performing security functions during the reporting period.CommentsClose CommentsPermalink
(H) The number of contractor personnel killed or wounded during the reporting period.CommentsClose CommentsPermalink
(I) Information on any specific contract or class of contracts that the Comptroller General determines raises issues of significant concern.CommentsClose CommentsPermalink
(3) SUBMISSION OF REPORTS- The Comptroller General shall submit an initial report under this subsection not later than October 1, 2008, and shall submit an updated report every year thereafter until October 1, 2010.CommentsClose CommentsPermalink
(b) Access to Databases on Contracts- The Secretary of Defense and the Secretary of State shall provide full access to the databases described in section 861(b)(4) to the Comptroller General for purposes of the reviews carried out under this section.CommentsClose CommentsPermalink
SEC. 864. DEFINITIONS AND OTHER GENERAL PROVISIONS.
(a) Definitions- In this subtitle:CommentsClose CommentsPermalink
(1) MATTERS RELATING TO CONTRACTING- The term `matters relating to contracting', with respect to contracts in Iraq and Afghanistan, means all matters relating to awarding, funding, managing, tracking, monitoring, and providing oversight to contracts and contractor personnel.CommentsClose CommentsPermalink
(2) CONTRACT IN IRAQ OR AFGHANISTAN- The term `contract in Iraq or Afghanistan' means a contract with the Department of Defense, the Department of State, or the United States Agency for International Development, a subcontract at any tier issued under such a contract, or a task order or delivery order at any tier issued under such a contract (including a contract, subcontract, or task order or delivery order issued by another Government agency for the Department of Defense, the Department of State, or the United States Agency for International Development), if the contract, subcontract, or task order or delivery order involves worked performed in Iraq or Afghanistan for a period longer than 14 days.CommentsClose CommentsPermalink
(3) COVERED CONTRACT- The term `covered contract' means--CommentsClose CommentsPermalink
(A) a contract of a Federal agency for the performance of services in an area of combat operations, as designated by the Secretary of Defense under subsection (c) of section 862;CommentsClose CommentsPermalink
(B) a subcontract at any tier under such a contract; orCommentsClose CommentsPermalink
(C) a task order or delivery order issued under such a contract or subcontract.CommentsClose CommentsPermalink
(4) CONTRACTOR- The term `contractor', with respect to a covered contract, means the contractor or subcontractor carrying out the covered contract.CommentsClose CommentsPermalink
(5) PRIVATE SECURITY FUNCTIONS- The term `private security functions' means activities engaged in by a contractor under a covered contract as follows:CommentsClose CommentsPermalink
(A) Guarding of personnel, facilities, or property of a Federal agency, the contractor or subcontractor, or a third party.CommentsClose CommentsPermalink
(B) Any other activity for which personnel are required to carry weapons in the performance of their duties.CommentsClose CommentsPermalink
(6) RELEVANT COMMITTEES OF CONGRESS- The term `relevant committees of Congress' means each of the following committees:CommentsClose CommentsPermalink
(A) The Committees on Armed Services of the Senate and the House of Representatives.CommentsClose CommentsPermalink
(B) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.CommentsClose CommentsPermalink
(C) The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.CommentsClose CommentsPermalink
(D) For purposes of contracts relating to the National Foreign Intelligence Program, the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.CommentsClose CommentsPermalink
(b) Classified Information- Nothing in this subtitle shall be interpreted to require the handling of classified information or information relating to intelligence sources and methods in a manner inconsistent with any law, regulation, executive order, or rule of the House of Representatives or of the Senate relating to the handling or protection of such information.CommentsClose CommentsPermalink
Subtitle G--Defense Materiel Readiness Board
SEC. 871. ESTABLISHMENT OF DEFENSE MATERIEL READINESS BOARD.
(a) Establishment- Not later than 6 months after the date of the enactment of this Act, the Secretary of Defense shall establish a Defense Materiel Readiness Board (in this subtitle referred to as the `Board') within the Office of the Secretary of Defense.CommentsClose CommentsPermalink
(b) Membership- The Secretary shall appoint the chairman and the members of the Board from among officers of the Armed Forces with expertise in matters relevant to the function of the Board to assess materiel readiness and evaluate plans and policies relating to materiel readiness. At a minimum, the Board shall include representatives of the Joint Chiefs of Staff, each of the Armed Forces, and each of the reserve components of the Armed Forces.CommentsClose CommentsPermalink
(c) Staff- The Secretary of Defense shall assign staff, and request the Secretaries of the military departments to assign staff, as necessary to assist the Board in carrying out its duties.CommentsClose CommentsPermalink
(d) Functions- The Board shall provide independent assessments of materiel readiness, materiel readiness shortfalls, and materiel readiness plans to the Secretary of Defense and the Congress. To carry out such functions, the Board shall--CommentsClose CommentsPermalink
(1) monitor and assess the materiel readiness of the Armed Forces;CommentsClose CommentsPermalink
(2) assist the Secretary of Defense in the identification of deficiencies in the materiel readiness of the Armed Forces caused by shortfalls in weapons systems, equipment, and supplies;CommentsClose CommentsPermalink
(3) identify shortfalls in materiel readiness, including critical materiel readiness shortfalls, for purposes of the Secretary's designations under section 872 and the funding needed to address such shortfalls;CommentsClose CommentsPermalink
(4) assess the adequacy of current Department of Defense plans, policies, and programs to address shortfalls in materiel readiness, including critical materiel readiness shortfalls (as designated by the Secretary under section 872), and to sustain and improve materiel readiness;CommentsClose CommentsPermalink
(5) assist the Secretary of Defense in determining whether the industrial capacity of the Department of Defense and of the defense industrial base is being best utilized to support the materiel readiness needs of the Armed Forces;CommentsClose CommentsPermalink
(6) review and assess Department of Defense systems for measuring the status of current materiel readiness of the Armed Forces; andCommentsClose CommentsPermalink
(7) make recommendations with respect to materiel readiness funding, measurement techniques, plans, policies, and programs.CommentsClose CommentsPermalink
(e) Reports- The Board shall submit to the Secretary of Defense a report summarizing its findings and recommendations not less than once every six months. Within 30 days after receiving a report from the Board, the Secretary shall forward the report in its entirety, together with his comments, to the congressional defense committees. The report shall be submitted in unclassified form. To the extent necessary, the report may be accompanied by a classified annex.CommentsClose CommentsPermalink
SEC. 872. CRITICAL MATERIEL READINESS SHORTFALLS.
(a) Designation of Critical Materiel Readiness Shortfalls-CommentsClose CommentsPermalink
(1) DESIGNATION- The Secretary of Defense may designate any requirement of the Armed Forces for equipment or supplies as a critical materiel readiness shortfall if there is a shortfall in the required equipment or supplies that materially reduces readiness of the Armed Forces and that--CommentsClose CommentsPermalink
(A) cannot be adequately addressed by identifying acceptable substitute capabilities or cross leveling of equipment that does not unacceptably reduce the readiness of other Armed Forces; andCommentsClose CommentsPermalink
(B) that is likely to persist for more than two years based on currently projected budgets and schedules for deliveries of equipment and supplies.CommentsClose CommentsPermalink
(2) CONSIDERATION OF BOARD FINDINGS AND RECOMMENDATIONS- In making any such designation, the Secretary shall take into consideration the findings and recommendations of the Defense Materiel Readiness Board.CommentsClose CommentsPermalink
(b) Measures to Address Critical Materiel Readiness Shortfalls- The Secretary of Defense shall ensure that critical materiel readiness shortfalls designated pursuant to subsection (a)(1) are transmitted to the relevant officials of the Department of Defense responsible for requirements, budgets, and acquisition, and that such officials prioritize and address such shortfalls in the shortest time frame practicable.CommentsClose CommentsPermalink
(c) Transfer Authority-CommentsClose CommentsPermalink
(1) IN GENERAL- The amounts of authorizations that the Secretary may transfer under the authority of section 1001 of this Act is hereby increased by $2,000,000,000.CommentsClose CommentsPermalink
(2) LIMITATIONS- The additional transfer authority provided by this section--CommentsClose CommentsPermalink
(A) may be made only from authorizations to the Department of Defense for fiscal year 2008;CommentsClose CommentsPermalink
(B) may be exercised solely for the purpose of addressing critical materiel readiness shortfalls as designated by the Secretary of Defense under subsection (a); andCommentsClose CommentsPermalink
(C) is subject to the same terms, conditions, and procedures as other transfer authority under section 1001 of this Act.CommentsClose CommentsPermalink
(d) Strategic Readiness Fund-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- There is established on the books of the Treasury a fund to be known as the Department of Defense Strategic Readiness Fund (in this subsection referred to as the `Fund'), which shall be administered by the Secretary of the Treasury.CommentsClose CommentsPermalink
(2) PURPOSES- The Fund shall be used to address critical materiel readiness shortfalls as designated by the Secretary of Defense under subsection (a).CommentsClose CommentsPermalink
(3) ASSETS OF FUND- There shall be deposited into the Fund any amount appropriated to the Fund, which shall constitute the assets of the Fund.CommentsClose CommentsPermalink
(4) LIMITATION- The procurement unit cost (as defined in
(e) Multiyear Contract Notification-CommentsClose CommentsPermalink
(1) NOTIFICATION- If the Secretary of a military department makes the determination described in paragraph (2) with respect to the use of a multiyear contract, the Secretary shall notify the congressional defense committees within 30 days of the determination and provide a detailed description of the proposed multiyear contract.CommentsClose CommentsPermalink
(2) DETERMINATION- The determination referred to in paragraph (1) is a determination by the Secretary of a military department that the use of a multiyear contract to procure an item to address a critical materiel readiness shortfall--CommentsClose CommentsPermalink
(A) will significantly accelerate efforts to address a critical materiel readiness shortfall;CommentsClose CommentsPermalink
(B) will provide savings compared to the total anticipated costs of carrying out the contract through annual contracts; andCommentsClose CommentsPermalink
(C) will serve the interest of national security.CommentsClose CommentsPermalink
(f) Definition- In this section, the term `critical materiel readiness shortfall' means a critical materiel readiness shortfall designated by the Secretary of Defense under this section.CommentsClose CommentsPermalink
Subtitle H--Other Matters
SEC. 881. CLEARINGHOUSE FOR RAPID IDENTIFICATION AND DISSEMINATION OF COMMERCIAL INFORMATION TECHNOLOGIES.
(a) Requirement to Establish Clearinghouse- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Assistant Secretary of Defense for Networks and Information Integration, shall establish a clearinghouse for identifying, assessing, and disseminating knowledge about readily available information technologies (with an emphasis on commercial off-the-shelf information technologies) that could support the warfighting mission of the Department of Defense.CommentsClose CommentsPermalink
(b) Responsibilities- The clearinghouse established pursuant to subsection (a) shall be responsible for the following:CommentsClose CommentsPermalink
(1) Developing a process to rapidly assess and set priorities and needs for significant information technology needs of the Department of Defense that could be met by commercial technologies, including a process for--CommentsClose CommentsPermalink
(A) aligning priorities and needs with the requirements of the commanders of the combatant command; andCommentsClose CommentsPermalink
(B) proposing recommendations to the commanders of the combatant command of feasible technical solutions for further evaluation.CommentsClose CommentsPermalink
(2) Identifying and assessing emerging commercial technologies (including commercial off-the-shelf technologies) that could support the warfighting mission of the Department of Defense, including the priorities and needs identified pursuant to paragraph (1).CommentsClose CommentsPermalink
(3) Disseminating information about commercial technologies identified pursuant to paragraph (2) to commanders of combatant commands and other potential users of such technologies.CommentsClose CommentsPermalink
(4) Identifying gaps in commercial technologies and working to stimulate investment in research and development in the public and private sectors to address those gaps.CommentsClose CommentsPermalink
(5) Enhancing internal data and communications systems of the Department of Defense for sharing and retaining information regarding commercial technology priorities and needs, technologies available to meet such priorities and needs, and ongoing research and development directed toward gaps in such technologies.CommentsClose CommentsPermalink
(6) Developing mechanisms, including web-based mechanisms, to facilitate communications with industry regarding the priorities and needs of the Department of Defense identified pursuant to paragraph (1) and commercial technologies available to address such priorities and needs.CommentsClose CommentsPermalink
(7) Assisting in the development of guides to help small information technology companies with promising technologies to understand and navigate the funding and acquisition processes of the Department of Defense.CommentsClose CommentsPermalink
(8) Developing methods to measure how well processes developed by the clearinghouse are being utilized and to collect data on an ongoing basis to assess the benefits of commercial technologies that are procured on the recommendation of the clearinghouse.CommentsClose CommentsPermalink
(c) Personnel- The Secretary of Defense, acting through the Assistant Secretary of Defense for Networks and Information Integration, shall provide for the hiring and support of employees (including detailees from other components of the Department of Defense and from other Federal departments or agencies) to assist in identifying, assessing, and disseminating information regarding commercial technologies under this section.CommentsClose CommentsPermalink
(d) Report to Congress- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of this section.CommentsClose CommentsPermalink
SEC. 882. AUTHORITY TO LICENSE CERTAIN MILITARY DESIGNATIONS AND LIKENESSES OF WEAPONS SYSTEMS TO TOY AND HOBBY MANUFACTURERS.
(a) Authority to License Certain Items-
(1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (b) the following new subsection:CommentsClose CommentsPermalink
`(c) Licenses for Qualifying Companies- (1) The Secretary concerned may license trademarks, service marks, certification marks, and collective marks owned or controlled by the Secretary relating to military designations and likenesses of military weapons systems to any qualifying company upon receipt of a request from the company.CommentsClose CommentsPermalink
`(2) For purposes of paragraph (1), a qualifying company is any United States company that--CommentsClose CommentsPermalink
`(A) is a toy or hobby manufacturer; andCommentsClose CommentsPermalink
`(B) is determined by the Secretary concerned to be qualified in accordance with such criteria as determined appropriate by the Secretary of Defense.CommentsClose CommentsPermalink
`(3) The fee for a license under this subsection shall not exceed by more than a nominal amount the amount needed to recover all costs of the Department of Defense in processing the request for the license and supplying the license.CommentsClose CommentsPermalink
`(4) A license to a qualifying company under this subsection shall provide that the license may not be transferred, sold, or relicensed by the qualifying company.CommentsClose CommentsPermalink
`(5) A license under this subsection shall not be an exclusive license.'.CommentsClose CommentsPermalink
(b) Effective Date- The Secretary of Defense shall prescribe regulations to implement the amendment made by this section not later than 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 883. MODIFICATIONS TO LIMITATION ON CONTRACTS TO ACQUIRE MILITARY FLIGHT SIMULATOR.
(a) Effect on Existing Contracts- Section 832 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
`(e) Effect on Existing Contracts- The limitation in subsection (a) does not apply to any service contract of a military department to acquire a military flight simulator, or to any renewal or extension of, or follow-on contract to, such a contract, if--CommentsClose CommentsPermalink
`(1) the contract was in effect as of October 17, 2006;CommentsClose CommentsPermalink
`(2) the number of flight simulators to be acquired under the contract (or renewal, extension, or follow-on) will not result in the total number of flight simulators acquired by the military department concerned through service contracts to exceed the total number of flight simulators to be acquired under all service contracts of such department for such simulators in effect as of October 17, 2006; andCommentsClose CommentsPermalink
`(3) in the case of a renewal or extension of, or follow-on contract to, the contract, the Secretary of the military department concerned provides to the congressional defense committees a written notice of the decision to exercise an option to renew or extend the contract, or to issue a solicitation for bids or proposals using competitive procedures for a follow-on contract, and an economic analysis as described in subsection (c) supporting the decision, at least 30 days before carrying out such decision.'.CommentsClose CommentsPermalink
(b) Change in Grounds for Waiver- Section 832(c)(1) of such Act, as redesignated by subsection (a), is amend by striking `necessary for national security purposes' and inserting `in the national interest'.CommentsClose CommentsPermalink
SEC. 884. REQUIREMENTS RELATING TO WAIVERS OF CERTAIN DOMESTIC SOURCE LIMITATIONS RELATING TO SPECIALTY METALS.
(a) Notice Requirement- At least 30 days prior to making a domestic nonavailability determination pursuant to
(1) publish a notice on the website maintained by the General Services Administration known as FedBizOpps.gov (or any successor site) of the Secretary's intent to make the domestic nonavailability determination; andCommentsClose CommentsPermalink
(2) solicit information relevant to such notice from interested parties, including producers of specialty metal mill products.CommentsClose CommentsPermalink
(b) Determination- (1) The Secretary shall take into consideration all information submitted pursuant to subsection (a) in making a domestic nonavailability determination pursuant to
(2) The Secretary shall ensure that any such determination and the rationale for such determination is made publicly available to the maximum extent consistent with the protection of national security information and confidential business information.CommentsClose CommentsPermalink
SEC. 885. TELEPHONE SERVICES FOR MILITARY PERSONNEL SERVING IN COMBAT ZONES.
(a) Competitive Procedures Required-CommentsClose CommentsPermalink
(1) REQUIREMENT- When the Secretary of Defense considers it necessary to provide morale, welfare, and recreation telephone services for military personnel serving in combat zones, the Secretary shall use competitive procedures when entering into a contract to provide those services.CommentsClose CommentsPermalink
(2) REVIEW AND DETERMINATION- Before soliciting bids or proposals for new contracts, or considering extensions to existing contracts, to provide morale, welfare, and recreation telephone services for military personnel serving in combat zones, the Secretary shall review and determine whether it is in the best interest of the Department to require bids or proposals, or adjustments for the purpose of extending a contract, to include options that minimize the cost of the telephone services to individual users while providing individual users the flexibility of using phone cards from other than the prospective contractor. The Secretary shall submit the results of this review and determination to the Committees on Armed Services of the Senate and the House of Representatives.CommentsClose CommentsPermalink
(b) Effective Date-CommentsClose CommentsPermalink
(1) REQUIREMENT- Subsection (a)(1) shall apply to any new contract to provide morale, welfare, and recreation telephone services for military personnel serving in combat zones that is entered into after the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) REVIEW AND DETERMINATION- Subsection (a)(2) shall apply to any new contract or extension to an existing contract to provide morale, welfare, and recreation telephone services for military personnel serving in combat zones that is entered into or agreed upon after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 886. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED IN IRAQ AND AFGHANISTAN.
(a) In General- In the case of a product or service to be acquired in support of military operations or stability operations in Iraq or Afghanistan (including security, transition, reconstruction, and humanitarian relief activities) for which the Secretary of Defense makes a determination described in subsection (b), the Secretary may conduct a procurement in which--CommentsClose CommentsPermalink
(1) competition is limited to products or services that are from Iraq or Afghanistan;CommentsClose CommentsPermalink
(2) procedures other than competitive procedures are used to award a contract to a particular source or sources from Iraq or Afghanistan; orCommentsClose CommentsPermalink
(3) a preference is provided for products or services that are from Iraq or Afghanistan.CommentsClose CommentsPermalink
(b) Determination- A determination described in this subsection is a determination by the Secretary that--CommentsClose CommentsPermalink
(1) the product or service concerned is to be used only by the military forces, police, or other security personnel of Iraq or Afghanistan; orCommentsClose CommentsPermalink
(2) it is in the national security interest of the United States to limit competition, use procedures other than competitive procedures, or provide a preference as described in subsection (a) because--CommentsClose CommentsPermalink
(A) such limitation, procedure, or preference is necessary to provide a stable source of jobs in Iraq or Afghanistan; andCommentsClose CommentsPermalink
(B) such limitation, procedure, or preference will not adversely affect--CommentsClose CommentsPermalink
(i) military operations or stability operations in Iraq or Afghanistan; orCommentsClose CommentsPermalink
(ii) the United States industrial base.CommentsClose CommentsPermalink
(c) Products, Services, and Sources From Iraq or Afghanistan- For the purposes of this section:CommentsClose CommentsPermalink
(1) A product is from Iraq or Afghanistan if it is mined, produced, or manufactured in Iraq or Afghanistan.CommentsClose CommentsPermalink
(2) A service is from Iraq or Afghanistan if it is performed in Iraq or Afghanistan by citizens or permanent resident aliens of Iraq or Afghanistan.CommentsClose CommentsPermalink
(3) A source is from Iraq or Afghanistan if it--CommentsClose CommentsPermalink
(A) is located in Iraq or Afghanistan; andCommentsClose CommentsPermalink
(B) offers products or services that are from Iraq or Afghanistan.CommentsClose CommentsPermalink
SEC. 887. DEFENSE SCIENCE BOARD REVIEW OF DEPARTMENT OF DEFENSE POLICIES AND PROCEDURES FOR THE ACQUISITION OF INFORMATION TECHNOLOGY.
(a) Review Required- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall direct the Defense Science Board to carry out a review of Department of Defense policies and procedures for the acquisition of information technology.CommentsClose CommentsPermalink
(b) Matters To Be Addressed- The matters addressed by the review required by subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) Department of Defense policies and procedures for acquiring national security systems, business information systems, and other information technology.CommentsClose CommentsPermalink
(2) The roles and responsibilities in implementing such policies and procedures of--CommentsClose CommentsPermalink
(A) the Under Secretary of Defense for Acquisition, Technology, and Logistics;CommentsClose CommentsPermalink
(B) the Chief Information Officer of the Department of Defense;CommentsClose CommentsPermalink
(C) the Director of the Business Transformation Agency;CommentsClose CommentsPermalink
(D) the service acquisition executives;CommentsClose CommentsPermalink
(E) the chief information officers of the military departments;CommentsClose CommentsPermalink
(F) Defense Agency acquisition officials;CommentsClose CommentsPermalink
(G) the information officers of the Defense Agencies; andCommentsClose CommentsPermalink
(H) the Director of Operational Test and Evaluation and the heads of the operational test organizations of the military departments and the Defense Agencies.CommentsClose CommentsPermalink
(3) The application of such policies and procedures to information technologies that are an integral part of weapons or weapon systems.CommentsClose CommentsPermalink
(4) The requirements of subtitle III of title 40, United States Code, and chapter 35 of title 44, United States Code, regarding performance-based and results-based management, capital planning, and investment control in the acquisition of information technology.CommentsClose CommentsPermalink
(5) Department of Defense policies and procedures for maximizing the usage of commercial information technology while ensuring the security of the microelectronics, software, and networks of the Department.CommentsClose CommentsPermalink
(6) The suitability of Department of Defense acquisition regulations, including Department of Defense Directive 5000.1 and the accompanying milestones, to the acquisition of information technology systems.CommentsClose CommentsPermalink
(7) The adequacy and transparency of metrics used by the Department of Defense for the acquisition of information technology systems.CommentsClose CommentsPermalink
(8) The effectiveness of existing statutory and regulatory reporting requirements for the acquisition of information technology systems.CommentsClose CommentsPermalink
(9) The adequacy of operational and development test resources (including infrastructure and personnel), policies, and procedures to ensure appropriate testing of information technology systems both during development and before operational use.CommentsClose CommentsPermalink
(10) The appropriate policies and procedures for technology assessment, development, and operational testing for purposes of the adoption of commercial technologies into information technology systems.CommentsClose CommentsPermalink
(c) Report Required- Not later than one year after the date of enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the review required by subsection (a). The report shall include the findings and recommendations of the Defense Science Board pursuant to the review, including such recommendations for legislative or administrative action as the Board considers appropriate, together with any comments the Secretary considers appropriate.CommentsClose CommentsPermalink
SEC. 888. GREEN PROCUREMENT POLICY.
(a) Sense of Congress- It is the sense of Congress that the Department of Defense should establish a system to document and track the use of environmentally preferable products and services.CommentsClose CommentsPermalink
(b) Report- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on a plan to increase the usage of environmentally friendly products that minimize potential impacts to human health and the environment at all Department of Defense facilities inside and outside the United States, including through the direct purchase of products and the purchase of products by facility maintenance contractors. The report shall also cover consideration of the budgetary impact of implementation of the plan.CommentsClose CommentsPermalink
SEC. 889. COMPTROLLER GENERAL REVIEW OF USE OF AUTHORITY UNDER THE DEFENSE PRODUCTION ACT OF 1950.
(a) Thorough Review Required- The Comptroller General of the United States (in this section referred to as the `Comptroller') shall conduct a thorough review of the application of the Defense Production Act of 1950, covering the period beginning on the date of the enactment of the Defense Production Act Reauthorization of 2003 (
(b) Considerations- In conducting the review required by this section, the Comptroller shall examine--CommentsClose CommentsPermalink
(1) the relevance and utility of the authorities provided under the Defense Production Act of 1950 to meet the security challenges of the 21st Century;CommentsClose CommentsPermalink
(2) the manner in which the authorities provided under such Act have been used by the Federal Government--CommentsClose CommentsPermalink
(A) to meet security challenges;CommentsClose CommentsPermalink
(B) to meet current and future defense requirements;CommentsClose CommentsPermalink
(C) to meet current and future energy requirements;CommentsClose CommentsPermalink
(D) to meet current and future domestic emergency and disaster response and recovery requirements;CommentsClose CommentsPermalink
(E) to reduce the interruption of critical infrastructure operations during a terrorist attack, natural catastrophe, or other similar national emergency; andCommentsClose CommentsPermalink
(F) to safeguard critical components of the United States industrial base, including American aerospace and shipbuilding industries;CommentsClose CommentsPermalink
(3) the economic impact of foreign offset contracts;CommentsClose CommentsPermalink
(4) the relative merit of developing rapid and standardized systems for use of the authorities provided under the Defense Production Act of 1950, by any Federal agency; andCommentsClose CommentsPermalink
(5) such other issues as the Comptroller determines relevant.CommentsClose CommentsPermalink
(c) Report to Congress- Not later than 150 days after the date of the enactment of this Act, the Comptroller shall submit to the Committees on Armed Services and on Banking, Housing, and Urban Affairs of the Senate and the Committees on Armed Services and on Financial Services of the House of Representatives a report on the review conducted under this section.CommentsClose CommentsPermalink
(d) Rules of Construction on Protection of Information- Notwithstanding any other provision of law--CommentsClose CommentsPermalink
(1) the provisions of section 705(d) of the Defense Production Act of 1950 (50 U.S.C. App. 2155(d)) shall not apply to information sought or obtained by the Comptroller for purposes of the review required by this section; andCommentsClose CommentsPermalink
(2) provisions of law pertaining to the protection of classified information or proprietary information otherwise applicable to information sought or obtained by the Comptroller in carrying out this section shall not be affected by any provision of this section.CommentsClose CommentsPermalink
SEC. 890. PREVENTION OF EXPORT CONTROL VIOLATIONS.
(a) Prevention of Export Control Violations- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations requiring any contractor under a contract with the Department of Defense to provide goods or technology that is subject to export controls under the Arms Export Control Act or the Export Administration of 1979 (as continued in effect under the International Emergency Economic Powers Act) to comply with those Acts and applicable regulations with respect to such goods and technology, including the International Traffic in Arms Regulations and the Export Administration Regulations. Regulations prescribed under this subsection shall include a contract clause enforcing such requirement.CommentsClose CommentsPermalink
(b) Training on Export Controls- The Secretary of Defense shall ensure that any contractor under a contract with the Department of Defense to provide goods or technology that is subject to export controls under the Arms Export Control Act or the Export Administration of 1979 (as continued in effect under the International Emergency Economic Powers Act) is made aware of any relevant resources made available by the Department of State and the Department of Commerce to assist in compliance with the requirement established by subsection (a) and the need for a corporate compliance plan and periodic internal audits of corporate performance under such plan.CommentsClose CommentsPermalink
(c) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report assessing the utility of--CommentsClose CommentsPermalink
(1) requiring defense contractors (or subcontractors at any tier) to periodically report on measures taken to ensure compliance with the International Traffic in Arms Regulations and the Export Administration Regulations;CommentsClose CommentsPermalink
(2) requiring periodic audits of defense contractors (or subcontractors at any tier) to ensure compliance with all provisions of the International Traffic in Arms Regulations and the Export Administration Regulations;CommentsClose CommentsPermalink
(3) requiring defense contractors to maintain a corporate training plan to disseminate information to appropriate contractor personnel regarding the applicability of the Arms Export Control Act and the Export Administration Act of 1979; andCommentsClose CommentsPermalink
(4) requiring a designated corporate liaison, available for training provided by the United States Government, whose primary responsibility would be contractor compliance with the Arms Export Control Act and the Export Administration Act of 1979.CommentsClose CommentsPermalink
(d) Definitions- In this section:CommentsClose CommentsPermalink
(1) EXPORT ADMINISTRATION REGULATIONS- The term `Export Administration Regulations' means those regulations contained in sections 730 through 774 of title 15, Code of Federal Regulations (or successor regulations).CommentsClose CommentsPermalink
(2) INTERNATIONAL TRAFFIC IN ARMS REGULATIONS- The term `International Traffic in Arms Regulations' means those regulations contained in sections 120 through 130 of title 22, Code of Federal Regulations (or successor regulations).CommentsClose CommentsPermalink
SEC. 891. PROCUREMENT GOAL FOR NATIVE HAWAIIAN-SERVING INSTITUTIONS AND ALASKA NATIVE-SERVING INSTITUTIONS.
(1) in subsection (a)(1)--CommentsClose CommentsPermalink
(A) by striking `and' at the end of subparagraph (C);CommentsClose CommentsPermalink
(B) by striking the period at the end of subparagraph (D) and inserting `; and'; andCommentsClose CommentsPermalink
(C) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(E) Native Hawaiian-serving institutions and Alaska Native-serving institutions (as defined in section 317 of the Higher Education Act of 1965).';CommentsClose CommentsPermalink
(2) in subsection (a)(2), by inserting after `Hispanic-serving institutions,' the following: `Native Hawaiian-serving institutions and Alaska Native-serving institutions,';CommentsClose CommentsPermalink
(3) in subsection (c)(1), by inserting after `Hispanic-serving institutions,' the following: `Native Hawaiian-serving institutions and Alaska Native-serving institutions,'; andCommentsClose CommentsPermalink
(4) in subsection (c)(3), by inserting after `Hispanic-serving institutions,' the following: `to Native Hawaiian-serving institutions and Alaska Native-serving institutions,'.CommentsClose CommentsPermalink
SEC. 892. COMPETITION FOR PROCUREMENT OF SMALL ARMS SUPPLIED TO IRAQ AND AFGHANISTAN.
(a) Competition Requirement- For the procurement of pistols and other weapons described in subsection (b), the Secretary of Defense shall ensure, consistent with the provisions of
(1) full and open competition is obtained to the maximum extent practicable;CommentsClose CommentsPermalink
(2) no responsible United States manufacturer is excluded from competing for such procurements; andCommentsClose CommentsPermalink
(3) products manufactured in the United States are not excluded from the competition.CommentsClose CommentsPermalink
(b) Procurements Covered- This section applies to the procurement of the following:CommentsClose CommentsPermalink
(1) Pistols and other weapons less than 0.50 caliber for assistance to the Army of Iraq, the Iraqi Police Forces, and other Iraqi security organizations.CommentsClose CommentsPermalink
(2) Pistols and other weapons less than 0.50 caliber for assistance to the Army of Afghanistan, the Afghani Police Forces, and other Afghani security organizations.CommentsClose CommentsPermalink
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Repeal of limitation on major Department of Defense headquarters activities personnel and related report.CommentsClose CommentsPermalink
Sec. 902. Flexibility to adjust the number of deputy chiefs and assistant chiefs.CommentsClose CommentsPermalink
Sec. 903. Change in eligibility requirements for appointment to Department of Defense leadership positions.CommentsClose CommentsPermalink
Sec. 904. Management of the Department of Defense.CommentsClose CommentsPermalink
Sec. 905. Revision in guidance relating to combatant command acquisition authority.CommentsClose CommentsPermalink
Sec. 906. Department of Defense Board of Actuaries.CommentsClose CommentsPermalink
Sec. 907. Modification of background requirement of individuals appointed as Under Secretary of Defense for Acquisition, Technology, and Logistics.CommentsClose CommentsPermalink
Sec. 908. Assistant Secretaries of the military departments for acquisition matters; principal military deputies.CommentsClose CommentsPermalink
Sec. 909. Sense of Congress on term of Office of the Director of Operational Test and Evaluation.CommentsClose CommentsPermalink
Subtitle B--Space Activities
Sec. 911. Space protection strategy.CommentsClose CommentsPermalink
Sec. 912. Biennial report on management of space cadre within the Department of Defense.CommentsClose CommentsPermalink
Sec. 913. Additional report on oversight of acquisition for defense space programs.CommentsClose CommentsPermalink
Subtitle C--Chemical Demilitarization Program
Sec. 921. Chemical demilitarization citizens advisory commissions.CommentsClose CommentsPermalink
Sec. 922. Sense of Congress on completion of destruction of United States chemical weapons stockpile.CommentsClose CommentsPermalink
Sec. 923. Repeal of certain qualifications requirement for director of chemical demilitarization management organization.CommentsClose CommentsPermalink
Sec. 924. Modification of termination of assistance to State and local governments after completion of the destruction of the United States chemical weapons stockpile.CommentsClose CommentsPermalink
Subtitle D--Intelligence-Related Matters
Sec. 931. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and Terrorism Prevention Act of 2004.CommentsClose CommentsPermalink
Subtitle E--Roles and Missions Analysis
Sec. 941. Requirement for quadrennial roles and missions review.CommentsClose CommentsPermalink
Sec. 942. Joint Requirements Oversight Council additional duties relating to core mission areas.CommentsClose CommentsPermalink
Sec. 943. Requirement for certification of major systems prior to technology development.CommentsClose CommentsPermalink
Sec. 944. Presentation of future-years mission budget by core mission area.CommentsClose CommentsPermalink
Subtitle F--Other Matters
Sec. 951. Department of Defense consideration of effect of climate change on Department facilities, capabilities, and missions.CommentsClose CommentsPermalink
Sec. 952. Interagency policy coordination.CommentsClose CommentsPermalink
Sec. 953. Expansion of employment creditable under service agreements under National Security Education Program.CommentsClose CommentsPermalink
Sec. 954. Board of Regents for the Uniformed Services University of the Health Sciences.CommentsClose CommentsPermalink
Sec. 955. Establishment of Department of Defense School of Nursing.CommentsClose CommentsPermalink
Sec. 956. Inclusion of commanders of Western Hemisphere combatant commands in Board of Visitors of Western Hemisphere Institute for Security Cooperation.CommentsClose CommentsPermalink
Sec. 957. Comptroller General assessment of reorganization of the Office of the Under Secretary of Defense for Policy.CommentsClose CommentsPermalink
Sec. 958. Report on foreign language proficiency.CommentsClose CommentsPermalink
Subtitle A--Department of Defense Management
SEC. 901. REPEAL OF LIMITATION ON MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS ACTIVITIES PERSONNEL AND RELATED REPORT.
(a) Repeal of Limitation-CommentsClose CommentsPermalink
(1) REPEAL-
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 130a.CommentsClose CommentsPermalink
(b) Report Required- The Secretary of Defense shall include a report with the defense budget materials for each fiscal year that includes the following information:CommentsClose CommentsPermalink
(1) The average number of military personnel and civilian employees of the Department of Defense assigned to major Department of Defense headquarters activities for each component of the Department of Defense during the preceding fiscal year.CommentsClose CommentsPermalink
(2) The total increase in personnel assigned to major headquarters activities, if any, during the preceding fiscal year--CommentsClose CommentsPermalink
(A) attributable to the replacement of contract personnel with military personnel or civilian employees of the Department of Defense, including the number of positions associated with the replacement of contract personnel performing inherently governmental functions; andCommentsClose CommentsPermalink
(B) attributable to reasons other than the replacement of contract personnel with military personnel or civilian employees of the Department, such as workload or operational demand increases.CommentsClose CommentsPermalink
(3) An estimate of the cost savings, if any, associated with the elimination of contracts for the performance of major headquarters activities.CommentsClose CommentsPermalink
(4) The number of military personnel and civilian employees of the Department of Defense assigned to major headquarters activities for each component of the Department of Defense as of October 1 of the preceding fiscal year.CommentsClose CommentsPermalink
(c) Definitions- In this section:CommentsClose CommentsPermalink
(1) DEFENSE BUDGET MATERIALS- The term `defense budget materials', with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year that is submitted to Congress by the President under
(2) CONTRACT PERSONNEL- The term `contract personnel' means persons hired under a contract with the Department of Defense for the performance of major Department of Defense headquarters activities.CommentsClose CommentsPermalink
SEC. 902. FLEXIBILITY TO ADJUST THE NUMBER OF DEPUTY CHIEFS AND ASSISTANT CHIEFS.
(a) Army-
`(b) The Secretary of the Army shall prescribe the number of Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a total of not more than eight positions.'.CommentsClose CommentsPermalink
(b) Navy-CommentsClose CommentsPermalink
(1) DEPUTY CHIEFS OF NAVAL OPERATIONS-
(A) by striking `There are in the Office of the Chief of Naval Operations not more than five Deputy Chiefs of Naval Operations,' and inserting `There are Deputy Chiefs of Naval Operations in the Office of the Chief of Naval Operations,'; andCommentsClose CommentsPermalink
(B) by adding at the end the following: `The Secretary of the Navy shall prescribe the number of Deputy Chiefs of Naval Operations under this section and Assistant Chiefs of Naval Operations under section 5037 of this title, for a total of not more than eight positions.'.CommentsClose CommentsPermalink
(2) ASSISTANT CHIEFS OF NAVAL OPERATIONS- Section 5037(a) of such title is amended--CommentsClose CommentsPermalink
(A) by striking `There are in the Office of the Chief of Naval Operations not more than three Assistant Chiefs of Naval Operations,' and inserting `There are Assistant Chiefs of Naval Operations in the Office of the Chief of Naval Operations,'; andCommentsClose CommentsPermalink
(B) by adding at the end the following: `The Secretary of the Navy shall prescribe the number of Assistant Chiefs of Naval Operations in accordance with section 5036(a) of this title.'.CommentsClose CommentsPermalink
(c) Air Force-
`(b) The Secretary of the Air Force shall prescribe the number of Deputy Chiefs of Staff and Assistant Chiefs of Staff, for a total of not more than eight positions.'.CommentsClose CommentsPermalink
SEC. 903. CHANGE IN ELIGIBILITY REQUIREMENTS FOR APPOINTMENT TO DEPARTMENT OF DEFENSE LEADERSHIP POSITIONS.
(a) Secretary of Defense-
(b) Deputy Secretary of Defense- Section 132(a) of such title is amended by striking `ten' and inserting `seven'.CommentsClose CommentsPermalink
(c) Under Secretary of Defense for Policy- Section 134(a) of such title is amended by striking `10' and inserting `seven'.CommentsClose CommentsPermalink
SEC. 904. MANAGEMENT OF THE DEPARTMENT OF DEFENSE.
(a) Assignment of Management Duties and Designation of a Chief Management Officer and Deputy Chief Management Officer of the Department of Defense-CommentsClose CommentsPermalink
(1) ESTABLISHMENT OF POSITION-
(A) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink
(B) by inserting after subsection (b) the following new subsection (c):CommentsClose CommentsPermalink
`(c) The Deputy Secretary serves as the Chief Management Officer of the Department of Defense. The Deputy Secretary shall be assisted in this capacity by a Deputy Chief Management Officer, who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.'.CommentsClose CommentsPermalink
(2) ASSIGNMENT OF DUTIES-CommentsClose CommentsPermalink
(A) The Secretary of Defense shall assign duties and authorities relating to the management of the business operations of the Department of Defense.CommentsClose CommentsPermalink
(B) The Secretary shall assign such duties and authorities to the Chief Management Officer as are necessary for that official to effectively and efficiently organize the business operations of the Department of Defense.CommentsClose CommentsPermalink
(C) The Secretary shall assign such duties and authorities to the Deputy Chief Management Officer as are necessary for that official to assist the Chief Management Officer to effectively and efficiently organize the business operations of the Department of Defense.CommentsClose CommentsPermalink
(D) The Deputy Chief Management Officer shall perform the duties and have the authorities assigned by the Secretary under subparagraph (C) and perform such duties and have such authorities as are delegated by the Chief Management Officer.CommentsClose CommentsPermalink
(3) EXECUTIVE SCHEDULE LEVEL III-
`Deputy Chief Management Officer of the Department of Defense.'.CommentsClose CommentsPermalink
(4) PLACEMENT IN OSD-
(A) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; andCommentsClose CommentsPermalink
(B) by inserting after paragraph (2) the following new paragraph (3):CommentsClose CommentsPermalink
`(3) The Deputy Chief Management Officer of the Department of Defense.'.CommentsClose CommentsPermalink
(b) Assignment of Management Duties and Designation of the Chief Management Officers of the Military Departments-CommentsClose CommentsPermalink
(1) The Secretary of a military department shall assign duties and authorities relating to the management of the business operations of such military department.CommentsClose CommentsPermalink
(2) The Secretary of a military department, in assigning duties and authorities under paragraph (1) shall designate the Under Secretary of such military department to have the primary management responsibility for business operations, to be known in the performance of such duties as the Chief Management Officer.CommentsClose CommentsPermalink
(3) The Secretary shall assign such duties and authorities to the Chief Management Officer as are necessary for that official to effectively and efficiently organize the business operations of the military department concerned.CommentsClose CommentsPermalink
(4) The Chief Management Officer of each military department shall promptly provide such information relating to the business operations of such department to the Chief Management Officer and Deputy Chief Management Officer of the Department of Defense as is necessary to assist those officials in the performance of their duties.CommentsClose CommentsPermalink
(c) Management of Defense Business Transformation Agency-
(d) Strategic Management Plan Required-CommentsClose CommentsPermalink
(1) REQUIREMENT- The Secretary of Defense, acting through the Chief Management Officer of the Department of Defense, shall develop a strategic management plan for the Department of Defense.CommentsClose CommentsPermalink
(2) MATTERS COVERED- Such plan shall include, at a minimum, detailed descriptions of--CommentsClose CommentsPermalink
(A) performance goals and measures for improving and evaluating the overall efficiency and effectiveness of the business operations of the Department of Defense and achieving an integrated management system for business support areas within the Department of Defense;CommentsClose CommentsPermalink
(B) key initiatives to be undertaken by the Department of Defense to achieve the performance goals under subparagraph (A), together with related resource needs;CommentsClose CommentsPermalink
(C) procedures to monitor the progress of the Department of Defense in meeting performance goals and measures under subparagraph (A);CommentsClose CommentsPermalink
(D) procedures to review and approve plans and budgets for changes in business operations, including any proposed changes to policies, procedures, processes, and systems, to ensure the compatibility of such plans and budgets with the strategic management plan of the Department of Defense; andCommentsClose CommentsPermalink
(E) procedures to oversee the development of, and review and approve, all budget requests for defense business systems.CommentsClose CommentsPermalink
(3) UPDATES- The Secretary of Defense, acting through the Chief Management Officer, shall update the strategic management plan no later than July 1, 2009, and every two years thereafter and provide a copy to the Committees on Armed Services of the Senate and the House of Representatives.CommentsClose CommentsPermalink
(e) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of this section and a copy of the strategic management plan required by subsection (d).CommentsClose CommentsPermalink
SEC. 905. REVISION IN GUIDANCE RELATING TO COMBATANT COMMAND ACQUISITION AUTHORITY.
Subparagraph (B) of section 905(b)(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
SEC. 906. DEPARTMENT OF DEFENSE BOARD OF ACTUARIES.
(a) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 7 of title 10, United States Code, is amended by inserting after section 182 the following new section:CommentsClose CommentsPermalink
`Sec. 183. Department of Defense Board of Actuaries
`(a) In General- There shall be in the Department of Defense a Department of Defense Board of Actuaries (hereinafter in this section referred to as the `Board').CommentsClose CommentsPermalink
`(b) Members- (1) The Board shall consist of three members who shall be appointed by the Secretary of Defense from among qualified professional actuaries who are members of the Society of Actuaries.CommentsClose CommentsPermalink
`(2) The members of the Board shall serve for a term of 15 years, except that a member of the Board appointed to fill a vacancy occurring before the end of the term for which the member's predecessor was appointed shall only serve until the end of such term. A member may serve after the end of the member's term until the member's successor takes office.CommentsClose CommentsPermalink
`(3) A member of the Board may be removed by the Secretary of Defense only for misconduct or failure to perform functions vested in the Board.CommentsClose CommentsPermalink
`(4) A member of the Board who is not an employee of the United States is entitled to receive pay at the daily equivalent of the annual rate of basic pay of the highest rate of basic pay then currently being paid under the General Schedule of subchapter III of chapter 53 of title 5 for each day the member is engaged in the performance of the duties of the Board and is entitled to travel expenses, including a per diem allowance, in accordance with section 5703 of that title in connection with such duties.CommentsClose CommentsPermalink
`(c) Duties- The Board shall have the following duties:CommentsClose CommentsPermalink
`(1) To review valuations of the Department of Defense Military Retirement Fund in accordance with section 1465(c) of this title and submit to the President and Congress, not less often than once every four years, a report on the status of that Fund, including such recommendations for modifications to the funding or amortization of that Fund as the Board considers appropriate and necessary to maintain that Fund on a sound actuarial basis.CommentsClose CommentsPermalink
`(2) To review valuations of the Department of Defense Education Benefits Fund in accordance with section 2006(e) of this title and make recommendations to the President and Congress on such modifications to the funding or amortization of that Fund as the Board considers appropriate to maintain that Fund on a sound actuarial basis.CommentsClose CommentsPermalink
`(3) To review valuations of such other funds as the Secretary of Defense shall specify for purposes of this section and make recommendations to the President and Congress on such modifications to the funding or amortization of such funds as the Board considers appropriate to maintain such funds on a sound actuarial basis.CommentsClose CommentsPermalink

U.S. Congress - Text of H.R.4986 as Enrolled Bill National Defense Authorization Act for Fiscal Year 2008

