U.S. Congress - Text of S.1547 as Placed on Calendar Senate National Defense Authorization Act for Fiscal Year 2008
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Donate NowS.1547 - National Defense Authorization Act for Fiscal Year 2008
An original bill to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Referral Instructions Senate | 96,375 | n/a | n/a |
| Reported in Senate | 96,515 | 15 | 0% |
| Placed on Calendar Senate | 96,425 | 25 Show Changes Hide Changes | 0% |
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S 1547 RPCSCommentsClose CommentsPermalink
June 5, 2007
Mr. LEVIN, from the Committee on Armed Services, reported the following original bill; which was read twice and placed on the calendarCommentsClose CommentsPermalink
To authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, 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.
This Act may be cited as the `National Defense Authorization Act for Fiscal Year 2008'.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.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. Rapid Acquisition Fund.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. Stryker Mobile Gun System.CommentsClose CommentsPermalink
Sec. 114. Consolidation of Joint Network Node program and Warfighter Information Network-Tactical program into single Army tactical network program.CommentsClose CommentsPermalink
Subtitle C--Navy Programs
Sec. 131. Multiyear procurement authority for Virginia class submarine program.CommentsClose CommentsPermalink
Subtitle D--Air Force Programs
Sec. 141. Limitation on retirement of C-130E/H tactical airlift aircraft.CommentsClose CommentsPermalink
Sec. 142. Limitation on retirement of KC-135E aerial refueling 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. Advanced Sensor Applications Program.CommentsClose CommentsPermalink
Sec. 212. Active protection systems.CommentsClose CommentsPermalink
Sec. 213. Obligation and expenditure of funds for competitive procurement of propulsion system for the Joint Strike Fighter.CommentsClose CommentsPermalink
Subtitle C--Missile Defense Programs
Sec. 231. Limitation on availability of funds for procurement, construction, and deployment of missile defenses in Europe.CommentsClose CommentsPermalink
Sec. 232. Limitation on availability of funds for deployment of missile defense interceptors in Alaska.CommentsClose CommentsPermalink
Sec. 233. Budget and acquisition requirements for Missile Defense Agency activities.CommentsClose CommentsPermalink
Sec. 234. Participation of Director, Operational Test and Evaluation, in missile defense test and evaluation activities.CommentsClose CommentsPermalink
Sec. 235. Extension of Comptroller General assessments of ballistic missile defense programs.CommentsClose CommentsPermalink
Subtitle D--Other Matters
Sec. 251. Modification of notice and wait requirement for obligation of funds for foreign comparative test program.CommentsClose CommentsPermalink
Sec. 252. Modification of cost sharing requirement for Technology Transition Initiative.CommentsClose CommentsPermalink
Sec. 253. Strategic plan for the Manufacturing Technology Program.CommentsClose CommentsPermalink
Sec. 254. Modification of authorities on coordination of Defense Experimental Program to Stimulate Competitive Research with similar Federal programs.CommentsClose CommentsPermalink
Sec. 255. Enhancement of defense nanotechnology research and development program.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
Subtitle C--Program Requirements, Restrictions, and Limitations
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. Extension of temporary authority for contract performance of security guard functions.CommentsClose CommentsPermalink
Sec. 323. Report on incremental cost of early 2007 enhanced deployment.CommentsClose CommentsPermalink
Sec. 324. Individual body armor.CommentsClose CommentsPermalink
Subtitle D--Workplace and Depot Issues
Sec. 341. Extension of authority for Army industrial facilities to engage in cooperative activities with non-Army entities.CommentsClose CommentsPermalink
Sec. 342. Two-year extension of Arsenal Support Demonstration Program.CommentsClose CommentsPermalink
Subtitle E--Other Matters
Sec. 351. Enhancement of corrosion control and prevention functions within Department of Defense.CommentsClose CommentsPermalink
Sec. 352. Reimbursement for National Guard support provided to Federal agencies.CommentsClose CommentsPermalink
Sec. 353. Reauthorization of Aviation Insurance Program.CommentsClose CommentsPermalink
Sec. 354. Property accountability and disposition of unlawfully obtained property of the Armed Forces.CommentsClose CommentsPermalink
Sec. 355. Authority to impose reasonable conditions on the payment of full replacement value for claims related to personal property transported at Government expense.CommentsClose CommentsPermalink
Sec. 356. Authority for individuals to retain combat uniforms issued in connection with contingency operations.CommentsClose CommentsPermalink
Sec. 357. Modification of requirements on Comptroller General report on the readiness of Army and Marine Corps ground forces.CommentsClose CommentsPermalink
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.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
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.CommentsClose CommentsPermalink
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Increase in authorized strengths for Army officers on active duty in the grade of major to meet force structure requirements.CommentsClose CommentsPermalink
Sec. 502. Increase in authorized strengths for Navy officers on active duty in grades of lieutenant commander, commander, and captain to meet force structure requirements.CommentsClose CommentsPermalink
Sec. 503. Expansion of exclusion of military permanent professors from strength limitations for officers below general and flag grades.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. Increase in authorized number of permanent professors at the United States Military Academy.CommentsClose CommentsPermalink
Sec. 507. Expansion of authority for reenlistment of officers in their former enlisted grade.CommentsClose CommentsPermalink
Sec. 508. Enhanced authority for reserve general and flag officers to serve on active duty.CommentsClose CommentsPermalink
Sec. 509. Promotion of career military professors of the Navy.CommentsClose CommentsPermalink
Subtitle B--Enlisted Personnel Policy
Sec. 521. Increase in authorized daily average of number of members in pay grade E-9.CommentsClose CommentsPermalink
Subtitle C--Reserve Component Management
Sec. 531. Revised designation, structure, and functions of the Reserve Forces Policy Board.CommentsClose CommentsPermalink
Sec. 532. Charter for the National Guard Bureau.CommentsClose CommentsPermalink
Sec. 533. Appointment, grade, duties, and retirement of the Chief of the National Guard Bureau.CommentsClose CommentsPermalink
Sec. 534. Mandatory separation for years of service of Reserve officers in the grade of lieutenant general or vice admiral.CommentsClose CommentsPermalink
Sec. 535. Increase in period of temporary Federal recognition as officers of the National Guard from six to twelve months.CommentsClose CommentsPermalink
Subtitle D--Education and Training
Sec. 551. Grade and service credit of commissioned officers in uniformed medical accession programs.CommentsClose CommentsPermalink
Sec. 552. Expansion of number of academies supportable in any State under STARBASE program.CommentsClose CommentsPermalink
Sec. 553. Repeal of post-2007-2008 academic year prohibition on phased increase in cadet strength limit at the United States Military Academy.CommentsClose CommentsPermalink
Sec. 554. Treatment of Southold, Mattituck, and Greenport High Schools, Southold, New York, as single institution for purposes of maintaining a Junior Reserve Officers' Training Corps unit.CommentsClose CommentsPermalink
Subtitle E--Defense Dependents' Education Matters
Sec. 561. 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. 562. Impact aid for children with severe disabilities.CommentsClose CommentsPermalink
Sec. 563. 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. 564. Authority for payment of private boarding school tuition for military dependents in overseas areas not served by Department of Defense dependents' schools.CommentsClose CommentsPermalink
Subtitle F--Military Justice and Legal Assistance Matters
Sec. 571. Authority of judges of the United States Court of Appeals for the Armed Forces to administer oaths.CommentsClose CommentsPermalink
Sec. 572. Military legal assistance for Department of Defense civilian employees in areas without access to non-military legal assistance.CommentsClose CommentsPermalink
Sec. 573. Modification of authorities on senior members of the Judge Advocate Generals' corps.CommentsClose CommentsPermalink
Subtitle G--Military Family Readiness
Sec. 581. Department of Defense Military Family Readiness Council.CommentsClose CommentsPermalink
Sec. 582. Department of Defense policy and plans for military family readiness.CommentsClose CommentsPermalink
Subtitle H--Other Matters
Sec. 591. Enhancement of carryover of accumulated leave for members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 592. Uniform policy on performances by military bands.CommentsClose CommentsPermalink
Sec. 593. Waiver of time limitations on award of Medals of Honor to certain members of the Army.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. Allowance for participation of Reserves in electronic screening.CommentsClose CommentsPermalink
Sec. 603. Midmonth payment of basic pay for contributions of members participating in Thrift Savings Plan.CommentsClose CommentsPermalink
Subtitle B--Bonuses and Special and Incentive Pays
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 of the Armed Forces.CommentsClose CommentsPermalink
Sec. 616. Increase in dental officer additional special pay.CommentsClose CommentsPermalink
Sec. 617. Enhancement of hardship duty pay.CommentsClose CommentsPermalink
Sec. 618. Inclusion of service as off-cycle crewmember of multi-crewed ship in sea duty for career sea pay.CommentsClose CommentsPermalink
Sec. 619. Modification of reenlistment bonus for members of the Selected Reserve.CommentsClose CommentsPermalink
Sec. 620. Increase in years of commissioned service covered by agreements for nuclear-qualified officers extending periods of active duty.CommentsClose CommentsPermalink
Sec. 621. Authority to waive 25-year active duty limit for retention bonus for critical military skills with respect to certain members.CommentsClose CommentsPermalink
Sec. 622. Codification and improvement of authority to pay bonus to encourage members of the Army to refer other persons for enlistment in the Army.CommentsClose CommentsPermalink
Sec. 623. Authority to pay bonus to encourage Department of Defense personnel to refer other persons for appointment as officers to serve in health professions.CommentsClose CommentsPermalink
Sec. 624. Accession bonus for participants in Armed Forces Health Professions Scholarship and Financial Assistance program.CommentsClose CommentsPermalink
Subtitle C--Travel and Transportation Allowances
Sec. 641. Payment of expenses of travel to the United States for obstetrical purposes of dependents located in very remote locations outside the United States.CommentsClose CommentsPermalink
Sec. 642. 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. 651. Modification of scheme for payment of death gratuity payable with respect to members of the Armed Forces.CommentsClose CommentsPermalink
Sec. 652. Annuities for guardians or caretakers of dependent children under Survivor Benefit Plan.CommentsClose CommentsPermalink
Sec. 653. Expansion of combat-related special compensation eligibility for chapter 61 military retirees.CommentsClose CommentsPermalink
Sec. 654. Clarification of application of retired pay multiplier percentage to members of the uniformed services with over 30 years of service.CommentsClose CommentsPermalink
Sec. 655. 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
Subtitle E--Education Benefits
Sec. 671. Tuition assistance for off-duty training or education.CommentsClose CommentsPermalink
Sec. 672. Expansion of Selected Reserve education loan repayment program.CommentsClose CommentsPermalink
Subtitle F--Other Matters
Sec. 681. Enhancement of authorities on income replacement payments for Reserves experiencing extended and frequent mobilization for active-duty service.CommentsClose CommentsPermalink
Sec. 682. Overseas naturalization of military family members.CommentsClose CommentsPermalink
TITLE VII--HEALTH CARE PROVISIONS
Sec. 701. Inclusion of TRICARE retail pharmacy program in Federal procurement of pharmaceuticals.CommentsClose CommentsPermalink
Sec. 702. Surveys on continued viability of TRICARE Standard and TRICARE Extra.CommentsClose CommentsPermalink
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
Sec. 801. Substantial savings under multiyear contracts.CommentsClose CommentsPermalink
Sec. 802. Changes to Milestone B certifications.CommentsClose CommentsPermalink
Sec. 803. Comptroller General report on Department of Defense organization and structure for major defense acquisition programs.CommentsClose CommentsPermalink
Sec. 804. Investment strategy for major defense acquisition programs.CommentsClose CommentsPermalink
Sec. 805. Report on implementation of recommendations on total ownership cost for major weapon systems.CommentsClose CommentsPermalink
Subtitle B--Amendments Relating to General Contracting Authorities, Procedures, and Limitations
Sec. 821. Enhanced competition requirements for task and delivery order contracts.CommentsClose CommentsPermalink
Sec. 822. Clarification of rules regarding the procurement of commercial items.CommentsClose CommentsPermalink
Sec. 823. Clarification of rules regarding the procurement of commercial services.CommentsClose CommentsPermalink
Sec. 824. Modification of competition requirements for purchases from Federal Prison Industries.CommentsClose CommentsPermalink
Sec. 825. Five-year extension of authority to carry out certain prototype projects.CommentsClose CommentsPermalink
Sec. 826. Multiyear procurement authority for electricity from renewable energy sources.CommentsClose CommentsPermalink
Subtitle C--Acquisition Policy and Management
Sec. 841. Joint Requirements Oversight Council.CommentsClose CommentsPermalink
Sec. 842. Management structure for the procurement of contract services.CommentsClose CommentsPermalink
Sec. 843. Specification of amounts requested for procurement of contract services.CommentsClose CommentsPermalink
Sec. 844. Department of Defense Acquisition Workforce Development Fund.CommentsClose CommentsPermalink
Sec. 845. Inventories and reviews of contracts for services based on cost or time of performance.CommentsClose CommentsPermalink
Sec. 846. Internal controls for procurements on behalf of the Department of Defense by certain non-defense agencies.CommentsClose CommentsPermalink
Subtitle D--Department of Defense Contractor Matters
Sec. 861. Protection for contractor employees from reprisal for disclosure of certain information.CommentsClose CommentsPermalink
Sec. 862. Requirements for defense contractors relating to certain former Department of Defense officials.CommentsClose CommentsPermalink
Sec. 863. Report on contractor ethics programs of major defense contractors.CommentsClose CommentsPermalink
Sec. 864. Report on Department of Defense contracting with contractors or subcontractors employing members of the Selected Reserve.CommentsClose CommentsPermalink
Subtitle E--Other Matters
Sec. 871. Contractors performing private security functions in areas of combat operations.CommentsClose CommentsPermalink
Sec. 872. Enhanced authority to acquire products and services produced in Iraq and Afghanistan.CommentsClose CommentsPermalink
Sec. 873. Defense Science Board review of Department of Defense policies and procedures for the acquisition of information technology.CommentsClose CommentsPermalink
Sec. 874. Enhancement and extension of acquisition authority for the unified combatant command for joint warfighting experimentation.CommentsClose CommentsPermalink
Sec. 875. Repeal of requirement for identification of essential military items and military system essential item breakout list.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.CommentsClose CommentsPermalink
Sec. 902. Chief management officers of the Department of Defense.CommentsClose CommentsPermalink
Sec. 903. Modification of background requirement of individuals appointed as Under Secretary of Defense for Acquisition, Technology, and Logistics.CommentsClose CommentsPermalink
Sec. 904. Department of Defense Board of Actuaries.CommentsClose CommentsPermalink
Sec. 905. Assistant Secretaries of the military departments for acquisition matters; principal military deputies.CommentsClose CommentsPermalink
Sec. 906. Flexible authority for number of Army Deputy Chiefs of Staff and Assistant Chiefs of Staff.CommentsClose CommentsPermalink
Sec. 907. Sense of Congress on term of office of the Director of Operational Test and Evaluation.CommentsClose CommentsPermalink
Subtitle B--Space Matters
Sec. 921. Space posture review.CommentsClose CommentsPermalink
Sec. 922. Additional report on oversight of acquisition for defense space programs.CommentsClose CommentsPermalink
Subtitle C--Other Matters
Sec. 931. Department of Defense consideration of effect of climate change on Department facilities, capabilities, and missions.CommentsClose CommentsPermalink
Sec. 932. Board of Regents for the Uniformed Services University of the Health Sciences.CommentsClose CommentsPermalink
Sec. 933. United States Military Cancer Institute.CommentsClose CommentsPermalink
Sec. 934. Western Hemisphere Center for Excellence in Human Rights.CommentsClose CommentsPermalink
Sec. 935. Inclusion of commanders of Western Hemisphere combatant commands in Board of Visitors of Western Hemisphere Institute for Security Cooperation.CommentsClose CommentsPermalink
Sec. 936. Comptroller General assessment of proposed reorganization of the office of the Under Secretary of Defense for Policy.CommentsClose CommentsPermalink
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.CommentsClose CommentsPermalink
Sec. 1002. Authorization of additional emergency supplemental appropriations for fiscal year 2007.CommentsClose CommentsPermalink
Sec. 1003. Modification of fiscal year 2007 general transfer authority.CommentsClose CommentsPermalink
Sec. 1004. United States contribution to NATO common-funded budgets in fiscal year 2008.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
Sec. 1007. Extension of period for transfer of funds to Foreign Currency Fluctuations, Defense account.CommentsClose CommentsPermalink
Subtitle B--Counter-Drug Activities
Sec. 1011. Expansion of Department of Defense authority to provide support for counter-drug activities to certain additional foreign governments.CommentsClose CommentsPermalink
Subtitle C--Miscellaneous Authorities and Limitations
Sec. 1021. Enhancement of authority to pay rewards for assistance in combating terrorism.CommentsClose CommentsPermalink
Sec. 1022. Repeal of modification of authorities relating to the use of the Armed Forces in major public emergencies.CommentsClose CommentsPermalink
Sec. 1023. Procedures for Combatant Status Review Tribunals; modification of military commission authorities.CommentsClose CommentsPermalink
Sec. 1024. Gift acceptance authority.CommentsClose CommentsPermalink
Sec. 1025. Expansion of cooperative agreement authority for management of cultural resources.CommentsClose CommentsPermalink
Sec. 1026. Minimum annual purchase amounts for airlift from carriers participating in the Civil Reserve Air Fleet.CommentsClose CommentsPermalink
Sec. 1027. Provision of Air Force support and services to foreign military and state aircraft.CommentsClose CommentsPermalink
Sec. 1028. Participation in Strategic Airlift Capability Partnership.CommentsClose CommentsPermalink
Sec. 1029. Responsibility of the Air Force for fixed-wing support of Army intra-theater logistics.CommentsClose CommentsPermalink
Sec. 1030. Prohibition on sale of parts for F-14 fighter aircraft.CommentsClose CommentsPermalink
Subtitle D--Reports
Sec. 1041. Renewal of submittal of plans for prompt global strike capability.CommentsClose CommentsPermalink
Sec. 1042. Report on threats to the United States from ungoverned areas.CommentsClose CommentsPermalink
Sec. 1043. Study on national security interagency system.CommentsClose CommentsPermalink
Subtitle E--Other Matters
Sec. 1061. Revised nuclear posture review.CommentsClose CommentsPermalink
Sec. 1062. Termination of Commission on the Implementation of the New Strategic Posture of the United States.CommentsClose CommentsPermalink
[Struck out->]Sec. 1063. Communications with the Committees on Armed Services of the Senate and the House of Representatives.CommentsClose CommentsPermalink
[<-Struck out][Struck out->]Sec. 1064. Repeal of standards for disqualification from issuance of security clearances by the Department of Defense.CommentsClose CommentsPermalink
[<-Struck out]Sec. 1065. Advisory panel on Department of Defense capabilities for support of civil authorities after certain incidents.CommentsClose CommentsPermalink
Sec. 1066. Sense of Congress on the Western Hemisphere Institute for Security Cooperation.CommentsClose CommentsPermalink
Sec. 1067. Technical amendments to title 10, United States Code, arising from enactment of the Intelligence Reform and Terrorism Prevention Act of 2004.CommentsClose CommentsPermalink
Sec. 1068. Establishment of National Foreign Language Coordination Council.CommentsClose CommentsPermalink
Sec. 1069. Qualifications for public aircraft status of aircraft under contract with the Armed Forces.CommentsClose CommentsPermalink
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Compensation of Federal wage system employees for certain travel hours.CommentsClose CommentsPermalink
Sec. 1102. Retirement service credit for service as cadet or midshipman at a military service academy.CommentsClose CommentsPermalink
Sec. 1103. Continuation of life insurance coverage for Federal employees called to active duty.CommentsClose CommentsPermalink
Sec. 1104. Department of Defense National Security Personnel System.CommentsClose CommentsPermalink
Sec. 1105. Authority to waive limitation on premium pay for Federal civilian employees working overseas under areas of United States Central Command.CommentsClose CommentsPermalink
Sec. 1106. Authority for inclusion of certain Office of Defense Research and Engineering positions in experimental personnel program for scientific and technical personnel.CommentsClose CommentsPermalink
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Authority to equip and train foreign personnel to assist in accounting for missing United States personnel.CommentsClose CommentsPermalink
Sec. 1202. Extension and enhancement of authority for security and stabilization assistance.CommentsClose CommentsPermalink
Sec. 1203. Commanders' Emergency Response Program.CommentsClose CommentsPermalink
Sec. 1204. Government Accountability Office report on Global Peace Operations Initiative.CommentsClose CommentsPermalink
Subtitle B--Other Authorities and Limitations
Sec. 1211. Cooperative opportunities documents under cooperative research and development agreements with NATO organizations and other allied and friendly foreign countries.CommentsClose CommentsPermalink
Sec. 1212. 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. 1213. Acceptance of funds from the Government of Palau for costs of military Civic Action Teams.CommentsClose CommentsPermalink
Sec. 1214. Extension of participation of the Department of Defense in multinational military centers of excellence.CommentsClose CommentsPermalink
Sec. 1215. Limitation on assistance to the Government of Thailand.CommentsClose CommentsPermalink
Sec. 1216. Presidential report on policy objectives and United States strategy regarding Iran.CommentsClose CommentsPermalink
Sec. 1217. Limitation on availability of certain funds pending implementation of requirements regarding North Korea.CommentsClose CommentsPermalink
Subtitle C--Reports
Sec. 1231. Reports on United States policy and military operations in Afghanistan.CommentsClose CommentsPermalink
Sec. 1232. Strategy for enhancing security in Afghanistan by eliminating safe havens for violent extremists in Pakistan.CommentsClose CommentsPermalink
Sec. 1233. One-year extension of update on report on claims relating to the bombing of the Labelle Discotheque.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. Modification of authority to use Cooperative Threat Reduction funds outside the former Soviet Union.CommentsClose CommentsPermalink
Sec. 1305. Repeal of restrictions on assistance to states of the former Soviet Union for cooperative threat reduction.CommentsClose CommentsPermalink
Sec. 1306. 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
Sec. 1407. Reduction in certain authorizations due to savings from lower inflation.CommentsClose CommentsPermalink
Subtitle B--National Defense Stockpile
Sec. 1411. Disposal of ferromanganese.CommentsClose CommentsPermalink
Sec. 1412. Disposal of chrome metal.CommentsClose CommentsPermalink
Sec. 1413. Modification of receipt objectives for previously authorized disposals from the national defense stockpile.CommentsClose CommentsPermalink
Subtitle C--Civil Programs
Sec. 1421. Armed Forces Retirement Home.CommentsClose CommentsPermalink
Subtitle D--Chemical Demilitarization Matters
Sec. 1431. Modification of termination requirement for Chemical Demilitarization Citizens' Advisory Commissions.CommentsClose CommentsPermalink
Sec. 1432. Repeal of certain qualifications requirement for director of chemical demilitarization management organization.CommentsClose CommentsPermalink
Sec. 1433. Sense of Congress on completion of destruction of United States chemical weapons stockpile.CommentsClose CommentsPermalink
TITLE XV--OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Subtitle A--Authorization of Additional War-Related Appropriations
Sec. 1501. Army procurement.CommentsClose CommentsPermalink
Sec. 1502. Navy and Marine Corps procurement.CommentsClose CommentsPermalink
Sec. 1503. Air Force procurement.CommentsClose CommentsPermalink
Sec. 1504. Defense-wide activities procurement.CommentsClose CommentsPermalink
Sec. 1505. Research, development, test, and evaluation.CommentsClose CommentsPermalink
Sec. 1506. Operation and maintenance.CommentsClose CommentsPermalink
Sec. 1507. Military personnel.CommentsClose CommentsPermalink
Sec. 1508. Defense Health Program.CommentsClose CommentsPermalink
Sec. 1509. Drug Interdiction and Counter-Drug Activities, Defense-wide.CommentsClose CommentsPermalink
Sec. 1510. Joint Improvised Explosive Device Defeat Fund.CommentsClose CommentsPermalink
Sec. 1511. Iraq Security Forces Fund.CommentsClose CommentsPermalink
Sec. 1512. Afghanistan Security Forces Fund.CommentsClose CommentsPermalink
Sec. 1513. Iraq Freedom Fund.CommentsClose CommentsPermalink
Sec. 1514. Defense Working Capital Funds.CommentsClose CommentsPermalink
Sec. 1515. National Defense Sealift Fund.CommentsClose CommentsPermalink
Sec. 1516. Defense Inspector General.CommentsClose CommentsPermalink
Subtitle B--General Provisions Relating to Authorizations
Sec. 1521. Purpose.CommentsClose CommentsPermalink
Sec. 1522. Treatment as additional authorizations.CommentsClose CommentsPermalink
Sec. 1523. Special transfer authority.CommentsClose CommentsPermalink
Subtitle C--Other Matters
Sec. 1531. Limitation on availability of funds for certain purposes relating to Iraq.CommentsClose CommentsPermalink
Sec. 1532. Reimbursement of certain coalition nations for support provided to United States military operations.CommentsClose CommentsPermalink
Sec. 1533. Logistical support for coalition forces supporting operations in Iraq and Afghanistan.CommentsClose CommentsPermalink
Sec. 1534. Competition for procurement of small arms supplied to Iraq and Afghanistan.CommentsClose CommentsPermalink
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.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. Modification of authority to carry out certain fiscal year 2006 project.CommentsClose CommentsPermalink
Sec. 2107. Extension of authorizations of certain fiscal year 2005 project.CommentsClose CommentsPermalink
Sec. 2108. Technical amendments to the Military Construction Authorization Act for 2007.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
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 project.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. 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, 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.CommentsClose CommentsPermalink
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Effective Date and Expiration of Authorizations
Sec. 2801. Effective Date.CommentsClose CommentsPermalink
Sec. 2802. Expiration of authorizations and amounts required to be specified by law.CommentsClose CommentsPermalink
Subtitle B--Military Construction Program and Military Family Housing Changes
Sec. 2811. General military construction transfer authority.CommentsClose CommentsPermalink
Sec. 2812. Modifications of authority to lease military family housing.CommentsClose CommentsPermalink
Sec. 2813. Increase in thresholds for unspecified minor military construction projects.CommentsClose CommentsPermalink
Sec. 2814. Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects outside the United States.CommentsClose CommentsPermalink
Sec. 2815. Temporary authority to support revitalization of Department of Defense laboratories through unspecified minor military construction projects.CommentsClose CommentsPermalink
Sec. 2816. Two-year extension of temporary program to use minor military construction authority for construction of child development centers.CommentsClose CommentsPermalink
Sec. 2817. Extension of authority to accept equalization payments for facility exchanges.CommentsClose CommentsPermalink
Subtitle C--Real Property and Facilities Administration
Sec. 2831. Requirement to report transactions resulting in annual costs of more than $750,000.CommentsClose CommentsPermalink
Sec. 2832. Modification of authority to lease non-excess property.CommentsClose CommentsPermalink
Sec. 2833. Enhanced flexibility to create or expand buffer zones.CommentsClose CommentsPermalink
Sec. 2834. Reports on Army and Marine Corps operational ranges.CommentsClose CommentsPermalink
Sec. 2835. Consolidation of real property provisions without substantive change.CommentsClose CommentsPermalink
Subtitle D--Base Closure and Realignment
Sec. 2841. Niagara Air Reserve Base, New York, basing report.CommentsClose CommentsPermalink
Subtitle E--Land Conveyances
Sec. 2851. Land conveyance, Lynn Haven Fuel Depot, Lynn Haven, Florida.CommentsClose CommentsPermalink
Sec. 2852. Modification to land conveyance authority, Fort Bragg, North Carolina.CommentsClose CommentsPermalink
Sec. 2853. Transfer of administrative jurisdiction, GSA property, Springfield, Virginia.CommentsClose CommentsPermalink
Subtitle F--Other Matters
Sec. 2861. Report on condition of schools under jurisdiction of Department of Defense Education Activity.CommentsClose CommentsPermalink
Sec. 2862. Repeal of requirement for study and report on impact to military readiness of proposed land management changes on public lands in Utah.CommentsClose CommentsPermalink
Sec. 2863. Additional project in Rhode Island.CommentsClose CommentsPermalink
TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2901. Authorized war-related Army construction and land acquisition projects.CommentsClose CommentsPermalink
Sec. 2902. Authorization of war-related military construction appropriations, Army.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
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Reliable Replacement Warhead program.CommentsClose CommentsPermalink
Sec. 3112. Limitation on availability of funds for Fissile Materials Disposition program.CommentsClose CommentsPermalink
Sec. 3113. Modification of limitations on availability of funds for Waste Treatment and Immobilization Plant.CommentsClose CommentsPermalink
Subtitle C--Other Matters
Sec. 3121. Nuclear test readiness.CommentsClose CommentsPermalink
Sec. 3122. Sense of Congress on the nuclear nonproliferation policy of the United States and the Reliable Replacement Warhead program.CommentsClose CommentsPermalink
Sec. 3123. 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
Sec. 3124. Comptroller General report on Department of Energy protective force management.CommentsClose CommentsPermalink
Sec. 3125. Technical amendments.CommentsClose CommentsPermalink
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.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.
Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement for the Army as follows:CommentsClose CommentsPermalink
(1) For aircraft, $5,229,175,000.CommentsClose CommentsPermalink
(2) For missiles, $2,178,102,000.CommentsClose CommentsPermalink
(3) For weapons and tracked combat vehicles, $7,546,684,000.CommentsClose CommentsPermalink
(4) For ammunition, $2,228,976,000.CommentsClose CommentsPermalink
(5) For other procurement, $15,013,155,000.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, $13,475,107,000.CommentsClose CommentsPermalink
(2) For weapons, including missiles and torpedoes, $3,078,387,000.CommentsClose CommentsPermalink
(3) For shipbuilding and conversion, $13,605,638,000.CommentsClose CommentsPermalink
(4) For other procurement, $5,432,412,000.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 $2,699,057,000.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 $926,597,000.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, $12,593,813,000.CommentsClose CommentsPermalink
(2) For ammunition, $868,917,000.CommentsClose CommentsPermalink
(3) For missiles, $5,166,002,000.CommentsClose CommentsPermalink
(4) For other procurement, $16,312,962,000.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 $3,385,970,000.CommentsClose CommentsPermalink
SEC. 105. RAPID ACQUISITION FUND.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the Rapid Acquisition Fund in the amount of $100,000,000.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. 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
SEC. 114. CONSOLIDATION OF JOINT NETWORK NODE PROGRAM AND WARFIGHTER INFORMATION NETWORK-TACTICAL PROGRAM INTO SINGLE ARMY TACTICAL NETWORK PROGRAM.
(a) Consolidation Required- The Secretary of the Army shall consolidate the Joint Network Node program and the Warfighter Information Network-Tactical program into a single Army tactical network program.CommentsClose CommentsPermalink
(b) Report on Consolidation-CommentsClose CommentsPermalink
(1) REPORT REQUIRED- Not later than December 31, 2007, the Secretary shall, with the concurrence of the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Assistant Secretary of Defense for Networks and Information Integration, submit to the congressional defense committees a report setting forth a plan to consolidate the Joint Network Node program and the Warfighter Information Network-Tactical program into a single Army tactical network program as required by subsection (a).CommentsClose CommentsPermalink
(2) ELEMENTS- The report required by paragraph (1) shall include with respect to the acquisition of the single Army tactical network required by subsection (a) the following:CommentsClose CommentsPermalink
(A) An analysis of how the systems specified in paragraph (1) will be integrated, including--CommentsClose CommentsPermalink
(i) an analysis of whether there are opportunities to leverage technologies and equipment from the Warfighter Information Network-Tactical program as part of the continuing development and fielding of the Joint Network Node; andCommentsClose CommentsPermalink
(ii) an analysis of major technical challenges of integrating the two programs.CommentsClose CommentsPermalink
(B) A description of the extent to which components of the systems could be used together as elements of a single Army tactical network.CommentsClose CommentsPermalink
(C) A description of the strategy of the Army for completing the systems engineering necessary to ensure the end-to-end interoperability of a single Army tactical network as described in subsection (a).CommentsClose CommentsPermalink
(D) An assessment of the costs of acquiring the systems.CommentsClose CommentsPermalink
(E) An assessment of the technical compatibility of the systems.CommentsClose CommentsPermalink
(F) A description and assessment of the plans of the Army relating to ownership of the technical data packages for the systems, and an assessment of the capacity of the industrial base to support Army needs.CommentsClose CommentsPermalink
(G) A description of the plans and schedule of the Army for fielding the systems, and a description of the associated training schedule.CommentsClose CommentsPermalink
(H) A description of the plans of the Army for sustaining the single Army tactical network.CommentsClose CommentsPermalink
(I) A description of the plans of the Army for the insertion of new technology into the Joint Network Node.CommentsClose CommentsPermalink
(J) A description of the major technical challenges of integrating the two programs.CommentsClose CommentsPermalink
(K) An assessment as to whether other programs should be inserted into the single Army tactical network as required by subsection (a).CommentsClose CommentsPermalink
(L) An analysis of the interoperability requirements between the Army tactical network and the Joint Network Node, an assessment of the technological barriers to achievement of such interoperability requirements, and a description of formal mechanisms of coordination between the Army tactical network and the Joint Network Node program.CommentsClose CommentsPermalink
Subtitle C--Navy Programs
SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR VIRGINIA CLASS SUBMARINE PROGRAM.
(a) Authority- The Secretary of the Navy may, in accordance with
(b) Limitation- The Secretary of the Navy may not enter into a contract authorized by subsection (a) until 30 days after the date on which the Secretary submits to the congressional defense committees a certification that the Secretary has made each of the findings with respect to such contract specified in subsection (a) of
Subtitle D--Air Force Programs
SEC. 141. LIMITATION ON RETIREMENT OF C-130E/H TACTICAL AIRLIFT AIRCRAFT.
(a) Limitation- The Secretary of the Air Force may not retire C-130E/H tactical airlift aircraft during fiscal year 2008.CommentsClose CommentsPermalink
(b) Maintenance of Certain Retired Aircraft- The Secretary of the Air Force shall maintain each C-130E/H tactical airlift aircraft retired during fiscal year 2007 in a condition that will permit recall of such aircraft to future service.CommentsClose CommentsPermalink
SEC. 142. LIMITATION ON RETIREMENT OF KC-135E AERIAL REFUELING AIRCRAFT.
The Secretary of the Air Force shall not retire any KC-135E aerial refueling aircraft of the Air Force in fiscal year 2008 unless the Secretary provides written notification of such retirement to the congressional defense committees in accordance with established procedures.CommentsClose CommentsPermalink
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
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, $11,268,904,000.CommentsClose CommentsPermalink
(2) For the Navy, $16,296,395,000.CommentsClose CommentsPermalink
(3) For the Air Force, $25,581,989,000.CommentsClose CommentsPermalink
(4) For Defense-wide activities, $21,511,739,000, 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, $11,204,784,000 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. ADVANCED SENSOR APPLICATIONS PROGRAM.
(a) Transfer of Funds- Of the amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation, Defense-wide activities, and made available for the Foreign Material Acquisition and Exploitation Program and for activities of the Office of Special Technology, an aggregate of $20,000,000 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) Reassignment of Program- Beginning not later than 30 days after the date of the enactment of this Act, the Advanced Sensor Applications Program shall be a program of the Defense Threat Reduction Agency, managed by the Director of the Defense Threat Reduction Agency, and shall be executed by the Program Executive Officer for Aviation for the Navy working for the Director of the Defense Threat Reduction Agency.CommentsClose CommentsPermalink
SEC. 212. ACTIVE PROTECTION SYSTEMS.
(a) Comparative Tests Required-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Defense shall undertake comparative tests, including live-fire tests, of appropriate foreign and domestic active protection systems in order--CommentsClose CommentsPermalink
(A) to determine the effectiveness of such systems; 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
(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
SEC. 213. OBLIGATION AND EXPENDITURE OF FUNDS FOR COMPETITIVE PROCUREMENT OF PROPULSION SYSTEM FOR THE JOINT STRIKE FIGHTER.
Within amount authorized to be appropriated for fiscal years after fiscal year 2007 for procurement, and for research, development, test, and evaluation, for the Joint Strike Fighter Program, the Secretary of Defense shall ensure the obligation and expenditure of sufficient amounts each such fiscal year for the continued development and procurement of two options for the propulsion system for the Joint Strike Fighter in order to assure the competitive development and eventual production for the propulsion system for a Joint Strike Fighter aircraft, thereby giving a choice of engine to the growing number of nations expressing interest in procuring such aircraft.CommentsClose CommentsPermalink
Subtitle C--Missile Defense Programs
SEC. 231. 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) 45 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.CommentsClose CommentsPermalink
(2) ISSUES TO BE ASSESSED- In carrying out the assessment described in paragraph (1), the federally funded research and development center selected under that paragraph shall consider the following in connection with options for missile defense in Europe:CommentsClose CommentsPermalink
(A) The threat to Europe of ballistic missiles (including short-range, medium-range, intermediate-range, and long-range ballistic missiles) from Iran and from other nations (except Russia), including the likelihood and timing of such threats.CommentsClose CommentsPermalink
(B) The missile defense capabilities appropriate to meet current, near-term, and mid-term ballistic missile threats facing Europe during the period from 2008 through 2015.CommentsClose CommentsPermalink
(C) Alternative options for defending the European territory of members of the North Atlantic Treaty Organization against the threats described in subparagraph (B).CommentsClose CommentsPermalink
(D) The utility and cost-effectiveness of providing ballistic missile defense of the United States with a system located in Europe, if warranted by the threat, when compared with the provision of such defense through the deployment of additional ballistic missile defense in the United States.CommentsClose CommentsPermalink
(E) The views of European members of the North Atlantic Treaty Organization on the desirability of ballistic missile defenses for the European territory of such nations.CommentsClose CommentsPermalink
(F) Potential opportunities for participation by the Government of Russia in a European missile defense system.CommentsClose CommentsPermalink
(3) TECHNOLOGIES TO BE CONSIDERED- In conducting the assessment described in paragraph (1), the federally funded research and development center selected under that paragraph shall consider, but not be limited to, the following missile defense technology options: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) The proposed deployment of Ground-based Midcourse Defense (GMD) system elements in Europe, consisting of the proposed 2-stage Orbital Boost Vehicle interceptor, and the proposed European Midcourse X-band radar.CommentsClose CommentsPermalink
(F) Forward-Based X-band Transportable (FBX-T) radars.CommentsClose CommentsPermalink
(G) Other non-United States, North Atlantic Treaty Organization missile defense systems.CommentsClose CommentsPermalink
(4) FACTORS TO BE CONSIDERED- In conducting the assessment described in paragraph (1), the federally funded research and development center selected under that paragraph shall consider the following factors with respect to potential ballistic missile defense options:CommentsClose CommentsPermalink
(A) The missile defense needs of the European members of the North Atlantic Treaty Organization, including forward deployed United States forces, with respect to current, near-term, and mid-term ballistic missile threats.CommentsClose CommentsPermalink
(B) Operational effectiveness.CommentsClose CommentsPermalink
(C) Command and control arrangements.CommentsClose CommentsPermalink
(D) Integration and interoperability with North Atlantic Treaty Organization missile defenses.CommentsClose CommentsPermalink
(E) Cost and affordability, including possible allied cost-sharing.CommentsClose CommentsPermalink
(F) Cost-effectiveness.CommentsClose CommentsPermalink
(G) The degree of coverage of the European territory of members of the North Atlantic Treaty Organization.CommentsClose CommentsPermalink
(5) COOPERATION OF OTHER AGENCIES- The Secretary of Defense, the Director of National Intelligence, and the heads of other departments and agencies of the United States Government shall provide the federally funded research and development center selected under paragraph (1) such data, analyses, briefings, and other information as the center considers necessary to carry out the assessment described in that paragraph.CommentsClose CommentsPermalink
(6) REPORT REQUIRED- Not later than 180 days after the date of the enactment of this Act, the federally funded research and development center selected under paragraph (1) shall submit to the Secretary of Defense and the congressional defense committees a report on the results of the assessment described in that paragraph, including any findings and recommendations of the center as a result of the assessment.CommentsClose CommentsPermalink
(7) FORM- The report under paragraph (6) shall be submitted in unclassified form, but may include a classified annex.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).CommentsClose CommentsPermalink
SEC. 232. 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. 233. 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 2008 (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) 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 System 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 each year 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 May 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. 234. 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 report promptly 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 conduct 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. 235. 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
Subtitle D--Other Matters
SEC. 251. 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. 252. 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. 253. STRATEGIC PLAN FOR THE MANUFACTURING TECHNOLOGY PROGRAM.
(a) In General-
`(e) Strategic Plan- (1) The Secretary shall develop a plan for the program which includes the following:CommentsClose CommentsPermalink
`(A) The overall manufacturing technology goals, milestones, priorities, and investment strategy for the program during the 5-fiscal year period beginning with the first fiscal year commencing after the development of the plan.CommentsClose CommentsPermalink
`(B) For each of the fiscal years under the period of the plan, 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) The Secretary shall include the plan, and any update of the plan under paragraph (3), in the budget justification documents submitted in support of the budget of the Department of Defense for the applicable fiscal year (as included in the budget of the President submitted to Congress under section 1105 of title 31).'.CommentsClose CommentsPermalink
(b) Initial Development of Plan- The Secretary of Defense shall develop the strategic plan required by subsection (e) of
SEC. 254. 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. 255. 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 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 interagency coordination of the program with other departments and agencies participating in the National Nanotechnology Initiative, including providing appropriate funds to support the National Nanotechnology Coordination Office.'.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) Activities- Activities under the program shall include the following:CommentsClose CommentsPermalink
`(1) The development of a strategic plan for defense nanotechnology research and development that is integrated with the strategic plan for the National Nanotechnology Initiative.CommentsClose CommentsPermalink
`(2) The issuance on an annual basis of policy guidance to the military departments and the Defense Agencies that--CommentsClose CommentsPermalink
`(A) establishes research priorities under the program;CommentsClose CommentsPermalink
`(B) provides for the determination and documentation of the benefits to the Department of Defense of research under the program; andCommentsClose CommentsPermalink
`(C) sets forth a clear strategy for transitioning the research into products needed by the Department.CommentsClose CommentsPermalink
`(3) Advocating for the transition of nanotechnologies in defense acquisition programs, including the development of nanomanufacturing capabilities and a nanotechnology defense industrial base.'.CommentsClose CommentsPermalink
(d) Reports- Such section is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(e) Reports- (1) 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) 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) Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.'.CommentsClose CommentsPermalink
(e) Comptroller General Report on Program- Not later than March 31, 2010, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth the assessment of the Comptroller General of the progress made by the Department of Defense in achieving the purposes of the defense nanotechnology research and development program required by section 246 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (as amended by this section).CommentsClose CommentsPermalink
TITLE III--OPERATION AND MAINTENANCE
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, $29,725,273,000.CommentsClose CommentsPermalink
(2) For the Navy, $33,307,690,000.CommentsClose CommentsPermalink
(3) For the Marine Corps, $4,998,493,000.CommentsClose CommentsPermalink
(4) For the Air Force, $32,967,215,000.CommentsClose CommentsPermalink
(5) For Defense-wide activities, $22,397,153,000.CommentsClose CommentsPermalink
(6) For the Army Reserve, $2,512,062,000.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, $5,861,409,000.CommentsClose CommentsPermalink
(11) For the Air National Guard, $5,469,368,000.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 Former Soviet Union Threat Reduction programs, $448,048,000.CommentsClose CommentsPermalink
(19) For Overseas Humanitarian, Disaster and Civic Aid programs, $63,300,000.CommentsClose CommentsPermalink
(20) For 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
Subtitle C--Program Requirements, Restrictions, and Limitations
SEC. 321. AVAILABILITY OF FUNDS IN DEFENSE INFORMATION SYSTEMS AGENCY WORKING CAPITAL FUND FOR TECHNOLOGY UPGRADES TO DEFENSE INFORMATION SYSTEMS NETWORK.
(a) In General- Funds in the Defense Information Systems Agency Working Capital Fund may be used for expenses directly related to technology upgrades to the Defense Information Systems Network.CommentsClose CommentsPermalink
(b) Limitation on Certain Projects- Funds may not be used under subsection (a) for--CommentsClose CommentsPermalink
(1) any significant technology insertion to the Defense Information Systems Network; 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. 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 `; and'; 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
SEC. 323. 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 additional incremental cost resulting from the additional deployment of forces to Iraq and Afghanistan above the levels deployed to such countries on January 1, 2007.'.CommentsClose CommentsPermalink
SEC. 324. INDIVIDUAL BODY ARMOR.
(a) Assessment- The Director of Operational Test and Evaluation and the Director of Defense Research and Engineering shall jointly conduct an assessment of various domestic technological approaches for body armor systems for protection against ballistic threats at or above military requirements.CommentsClose CommentsPermalink
(b) Report-CommentsClose CommentsPermalink
(1) REPORT REQUIRED- Not later than 90 days after the date of the enactment of this Act, the Director of Operational Test and Evaluation and the Director of Defense Research and Engineering shall jointly submit to the Secretary of Defense, and to the congressional defense committees, a report on the assessment required by subsection (a).CommentsClose CommentsPermalink
(2) ELEMENTS- The report required under paragraph (1) shall include--CommentsClose CommentsPermalink
(A) a detailed comparative analysis and assessment of the technical approaches covered by the assessment under subsection (a), including the technical capability, feasibility, military utility, and cost of each such approach; andCommentsClose CommentsPermalink
(B) such other matters as the Director of Operational Test and Evaluation and the Director of Defense Research and Engineering jointly consider appropriate.CommentsClose CommentsPermalink
(3) FORM- The report submitted under paragraph (1) to the congressional defense committees shall be submitted in both classified and unclassified form.CommentsClose CommentsPermalink
Subtitle D--Workplace and Depot Issues
SEC. 341. 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. 342. TWO-YEAR EXTENSION OF ARSENAL SUPPORT DEMONSTRATION PROGRAM.
(a) Extension- Subsection (a) of section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
(b) Extension of Reporting Requirement- The second sentence in subsection (g)(1) of such section is amended to read as follows: `No report is required after fiscal year 2010.'.CommentsClose CommentsPermalink
Subtitle E--Other Matters
SEC. 351. ENHANCEMENT OF CORROSION CONTROL AND PREVENTION FUNCTIONS WITHIN DEPARTMENT OF DEFENSE.
(a) Office of Corrosion Policy and Oversight-CommentsClose CommentsPermalink
(1) IN GENERAL-
(A) in the section heading, by striking `Military equipment and infrastructure: prevention and mitigation of corrosion' and inserting `Office of Corrosion Policy and Oversight'; andCommentsClose CommentsPermalink
(B) by amending subsection (a) to read as follows:CommentsClose CommentsPermalink
`(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 (in this section referred to as the `Director'), 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 the senior official 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 a minimum of 10 years experience in the Defense Acquisition Corps;CommentsClose CommentsPermalink
`(B) have technical expertise in, and professional experience with, corrosion engineering, including an understanding of the effects of corrosion policies on infrastructure; research, development, test, and evaluation; and maintenance; andCommentsClose CommentsPermalink
`(C) have background in and an understanding of Department of Defense budget formulation and execution, policy formulation, and planning and program requirements.'.CommentsClose CommentsPermalink
(2) CONFORMING CHANGES- Subsection (b) of such section is amended--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking `official or organization designated under subsection (a)' and inserting `Director'; andCommentsClose CommentsPermalink
(B) by striking `designated official or organization' each place it appears and inserting `Director'.CommentsClose CommentsPermalink
(b) Additional Authority for Director of Office- Such section 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 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- Subparagraph (D) of subsection (d)(2) of such section, 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 centers, and other cooperative research agreements'.CommentsClose CommentsPermalink
(d) Report Requirement- Such section is further amended by inserting after subsection (d), as redesignated by subsection (b), the following new subsection:CommentsClose CommentsPermalink
`(e) Report- (1) The Secretary of Defense shall submit with the defense budget materials for each fiscal year beginning with fiscal year 2009 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 of why the Department of Defense is not requesting funds for the entire requirement.CommentsClose CommentsPermalink
`(2) Not later than 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), 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
SEC. 352. REIMBURSEMENT FOR NATIONAL GUARD SUPPORT PROVIDED TO FEDERAL AGENCIES.
(1) in subsection (a), by striking `To the extent' and inserting `Subject to subsection (c), to the extent';CommentsClose CommentsPermalink
(2) by redesignating subsection (b) as subsection (c);CommentsClose CommentsPermalink
(3) by inserting after subsection (a) the following new subsection:CommentsClose CommentsPermalink
`(b)(1) Subject to subsection (c), the Secretary of Defense shall require a Federal agency to which law enforcement support or support to a national special security event is provided by National Guard personnel performing duty under section 502(f) of title 32 to reimburse the Department of Defense for the costs of that support, notwithstanding any other provision of law. No other provision of this chapter shall apply to such support.CommentsClose CommentsPermalink
`(2) Any funds received by the Department of Defense under this subsection as reimbursement for support provided by personnel of the National Guard shall be credited, at the election of the Secretary of Defense, to the following:CommentsClose CommentsPermalink
`(A) The appropriation, fund, or account used to fund the support.CommentsClose CommentsPermalink
`(B) The appropriation, fund, or account currently available for reimbursement purposes.'; andCommentsClose CommentsPermalink
(4) in subsection (c), as redesignated by paragraph (2)--CommentsClose CommentsPermalink
(A) by inserting `or section 502(f) of title 32' after `under this chapter'; andCommentsClose CommentsPermalink
(B) in paragraph (2), by inserting `or personnel of the National Guard' after `Department of Defense'.CommentsClose CommentsPermalink
SEC. 353. REAUTHORIZATION OF AVIATION INSURANCE PROGRAM.
SEC. 354. PROPERTY ACCOUNTABILITY AND DISPOSITION OF UNLAWFULLY OBTAINED PROPERTY OF THE ARMED FORCES.
(a) Statutory Establishment of Accountability for Property of Navy and Marine Corps-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 661 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 7864. Property accountability; regulations
`The Secretary of the Navy may prescribe regulations for the accounting for property of the Navy and the Marine Corps and for the fixing of responsibility for such property.'.CommentsClose CommentsPermalink
(2) UNAUTHORIZED DISPOSITION AND RECOVERY OF PROPERTY- Such chapter is further amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 7865. Military equipment: unauthorized disposition
`(a) Prohibition- No member of the Navy or the Marine Corps may sell, lend, pledge, barter, or give any clothing, arms, or equipment obtained by or furnished to the member by the United States to any person other than a member of the Navy or the Marine Corps authorized to receive it, an officer of the United States authorized to receive it, or any other individual authorized to receive it.CommentsClose CommentsPermalink
`(b) Seizure of Property- If a member of the Navy or the Marine Corps disposes of property in violation of subsection (a) and it is in the possession of a person who is not authorized to receive it as described in that subsection, that person has no right to or interest in the property, and any civil or military officer of the United States may seize it, wherever found, subject to applicable regulations. Possession of such property by a person who is not authorized to receive it as described in subsection (a) is prima facie evidence that it has been disposed of in violation of subsection (a).CommentsClose CommentsPermalink
`(c) Retention 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 it to a person who is authorized to retain it.'.CommentsClose CommentsPermalink
(b) Standardizing Amendments Relating to Disposition of Unlawfully Obtained Army and Air Force Property-CommentsClose CommentsPermalink
(1) ARMY PROPERTY-
`Sec. 4836. Military equipment: unauthorized disposition
`(a) Prohibition- No member of the Army may sell, lend, pledge, barter, or give any clothing, arms, or equipment obtained by or furnished to the member by the United States to any person other than a member of the Army authorized to receive it, an officer of the United States authorized to receive it, or any other individual authorized to receive it.CommentsClose CommentsPermalink
`(b) Seizure of Property- If a member of the Army disposes of property in violation of subsection (a) and it is in the possession of a person who is not authorized to receive it as described in that subsection, that person has no right to or interest in the property, and any civil or military officer of the United States may seize it, wherever found, subject to applicable regulations. Possession of such property by a person who is not authorized to receive it as described in subsection (a) is prima facie evidence that it has been disposed of in violation of subsection (a).CommentsClose CommentsPermalink
`(c) Retention 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 it to a person who is authorized to retain it.'.CommentsClose CommentsPermalink
(2) AIR FORCE PROPERTY- Section 9836 of such title is amended is amended to read as follows:CommentsClose CommentsPermalink
`Sec. 9836. Military equipment: unauthorized disposition
`(a) Prohibition- No member of the Air Force may sell, lend, pledge, barter, or give any clothing, arms, or equipment obtained by or furnished to the member by the United States to any person other than a member of the Air Force authorized to receive it, an officer of the United States authorized to receive it, or any other individual authorized to receive it.CommentsClose CommentsPermalink
`(b) Seizure of Property- If a member of the Air Force disposes of property in violation of subsection (a) and it is in the possession of a person who is not authorized to receive it as described in that subsection, that person has no right to or interest in the property, and any civil or military officer of the United States may seize it, wherever found, subject to applicable regulations. Possession of such property by a person who is not authorized to receive it as described in subsection (a) is prima facie evidence that it has been disposed of in violation of subsection (a).CommentsClose CommentsPermalink
`(c) Retention 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 it to a person who is authorized to retain it.'.CommentsClose CommentsPermalink
(c) Clerical Amendments-CommentsClose CommentsPermalink
(1) The table of sections at the beginning of chapter 453 of such title is amended by striking the item relating to section 4836 and inserting the following new item:CommentsClose CommentsPermalink
`4836. Military equipment: unauthorized disposition.'.CommentsClose CommentsPermalink
(2) The table of sections at the beginning of chapter 661 of such title is amended by adding at the end the following new items:CommentsClose CommentsPermalink
`7864. Property accountability: regulations.CommentsClose CommentsPermalink
`7865. Military equipment: unauthorized disposition.'.CommentsClose CommentsPermalink
(3) The table of sections at the beginning of chapter 953 of such title is amended by striking the item relating to section 9836 and inserting the following new item:CommentsClose CommentsPermalink
`9836. Military equipment: unauthorized disposition.'.CommentsClose CommentsPermalink
SEC. 355. AUTHORITY TO IMPOSE REASONABLE CONDITIONS ON THE PAYMENT OF FULL REPLACEMENT VALUE FOR CLAIMS RELATED TO PERSONAL PROPERTY TRANSPORTED AT GOVERNMENT EXPENSE.
SEC. 356. AUTHORITY FOR INDIVIDUALS TO RETAIN COMBAT UNIFORMS ISSUED IN CONNECTION WITH CONTINGENCY OPERATIONS.
The Secretary of a military department may authorize members of the Armed Forces under the jurisdiction of the Secretary to retain combat uniforms issued as organizational clothing and individual equipment in connection with their deployment in support of contingency operations.CommentsClose CommentsPermalink
SEC. 357. MODIFICATION OF REQUIREMENTS ON 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 Operations Iraqi Freedom and Enduring Freedom 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
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
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, 328,400.CommentsClose CommentsPermalink
(3) The Marine Corps, 189,000.CommentsClose CommentsPermalink
(4) The Air Force, 328,600.CommentsClose CommentsPermalink
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) Adjustments- 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
Whenever such units or such individual members 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
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year 2008 for military personnel, in amounts as follows:CommentsClose CommentsPermalink
(1) For the Army, $34,952,762,000.CommentsClose CommentsPermalink
(2) For the Navy, $23,300,841,000.CommentsClose CommentsPermalink
(3) For the Marine Corps, $11,065,542,000.CommentsClose CommentsPermalink
(4) For the Air Force, $24,091,993,000.CommentsClose CommentsPermalink
(5) For the Army Reserve, $3,701,197,000.CommentsClose CommentsPermalink
(6) For the Navy Reserve, $1,766,408,000.CommentsClose CommentsPermalink
(7) For the Marine Corps Reserve, $593,961,000.CommentsClose CommentsPermalink
(8) For the Air Force Reserve, $1,356,618,000.CommentsClose CommentsPermalink
(9) For the Army National Guard, $5,914,979,000.CommentsClose CommentsPermalink
(10) For the Air National Guard, $2,607,456,000.CommentsClose CommentsPermalink
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR ARMY OFFICERS ON ACTIVE DUTY IN THE GRADE OF MAJOR TO MEET FORCE STRUCTURE REQUIREMENTS.
The table in
` CommentsClose CommentsPermalink
---------CommentsClose CommentsPermalink
---------CommentsClose CommentsPermalink
`7,768CommentsClose CommentsPermalink
8,689CommentsClose CommentsPermalink
9,611CommentsClose CommentsPermalink
10,532CommentsClose CommentsPermalink
11,454CommentsClose CommentsPermalink
12,375CommentsClose CommentsPermalink
13,297CommentsClose CommentsPermalink
14,218CommentsClose CommentsPermalink
15,140CommentsClose CommentsPermalink
16,061CommentsClose CommentsPermalink
16,983CommentsClose CommentsPermalink
17,903CommentsClose CommentsPermalink
18,825CommentsClose CommentsPermalink
19,746CommentsClose CommentsPermalink
20,668CommentsClose CommentsPermalink
21,589CommentsClose CommentsPermalink
22,511CommentsClose CommentsPermalink
24,354CommentsClose CommentsPermalink
26,197CommentsClose CommentsPermalink
28,040CommentsClose CommentsPermalink
35,412'. CommentsClose CommentsPermalink
---------CommentsClose CommentsPermalink
SEC. 502. INCREASE IN AUTHORIZED STRENGTHS FOR NAVY OFFICERS ON ACTIVE DUTY IN GRADES OF LIEUTENANT COMMANDER, COMMANDER, AND CAPTAIN TO MEET FORCE STRUCTURE REQUIREMENTS.
(a) In General- The table in
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
`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 the 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
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2007.CommentsClose CommentsPermalink
SEC. 503. EXPANSION OF EXCLUSION OF MILITARY PERMANENT PROFESSORS FROM STRENGTH LIMITATIONS FOR OFFICERS BELOW GENERAL AND FLAG GRADES.
(a) Inclusion of Permanent Professors of the Navy-
(1) by striking `Naval Academy' and inserting `Navy'; andCommentsClose CommentsPermalink
(2) by inserting `or service' before the period at the end.CommentsClose CommentsPermalink
(b) Expansion of Exclusion Generally- Such section is further amended by striking `50' and inserting `85'.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) The Secretary of Defense may waive the service required by subsection (a) for initial appointments of commissioned officers in such critically short health professional specialties as the Secretary shall specify 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. INCREASE IN AUTHORIZED NUMBER OF PERMANENT PROFESSORS AT THE UNITED STATES MILITARY ACADEMY.
Paragraph (4) of
`(4) Twenty-eight permanent professors.'.CommentsClose CommentsPermalink
SEC. 507. 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. 508. 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 ten 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. 509. 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 chapter 603 of such title 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
Subtitle B--Enlisted Personnel Policy
SEC. 521. INCREASE IN AUTHORIZED DAILY AVERAGE OF NUMBER OF MEMBERS IN PAY GRADE E-9.
(a) Increase-
(b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2007, and shall apply with respect to fiscal years beginning on or after that date.CommentsClose CommentsPermalink
Subtitle C--Reserve Component Management
SEC. 531. REVISED DESIGNATION, STRUCTURE, AND FUNCTIONS OF THE RESERVE FORCES POLICY BOARD.
(a) Modification of Designation, Structure, and Functions of Reserve Forces Policy Board-CommentsClose CommentsPermalink
(1) IN GENERAL-
`Sec. 10301. Reserve Policy Advisory Board
`(a) There is in the Office of the Secretary of Defense a Reserve Policy Advisory Board.CommentsClose CommentsPermalink
`(b)(1) The Board shall consist of a civilian chairman and not more than 15 other members, each appointed by the Secretary of Defense, of whom--CommentsClose CommentsPermalink
`(A) not more than 4 members may be Government civilian officials who must be from outside the Department of Defense; andCommentsClose CommentsPermalink
`(B) not more than 2 members may be members of the armed forces.CommentsClose CommentsPermalink
`(2) Each member appointed to serve on the Board shall have--CommentsClose CommentsPermalink
`(A) extensive knowledge, or experience with, reserve component matters, national security and national military strategies of the United States, or roles and missions of the regular components and the reserve components;CommentsClose CommentsPermalink
`(B) extensive knowledge of, or experience in, homeland defense and matters involving Department of Defense support to civil authorities; orCommentsClose CommentsPermalink
`(C) a distinguished background in government, business, personnel planning, technology and its application in military operations, or other fields that are pertinent to the management and utilization of the reserve components.CommentsClose CommentsPermalink
`(3) Each member of the Board shall serve for a term of 2 years, and, at the conclusion of such term, may be appointed under this subsection to serve an additional term of 2 years.CommentsClose CommentsPermalink
`(4) Upon the designation of the chairman of the Board and the approval of the Secretary of Defense, an officer of the Army, Navy, Air Force, or Marine Corps in the Reserves or the National Guard who is a general or flag officer shall serve as the military advisor to, and executive officer of, the Board. Such service shall be either full-time or part-time, as designated by the Secretary of Defense, and shall be in a non-voting status on the Board.CommentsClose CommentsPermalink
`(c)(1) This section does not affect the committees on reserve policies prescribed within the military departments by sections 10302 through 10305 of this title.CommentsClose CommentsPermalink
`(2) A member of a committee or board prescribed under a section listed in paragraph (1) may, if otherwise eligible, be a member of the Reserve Policy Advisory Board.CommentsClose CommentsPermalink
`(d)(1) The Board shall provide the Secretary of Defense, through the Deputy Secretary of Defense, with independent advice and recommendations on strategies, policies, and practices designed to improve the capability, efficiency, and effectiveness of the reserve components.CommentsClose CommentsPermalink
`(2) The Board shall act on those matters referred to it by the Secretary or the chairman and, in addition, on any matter raised by a member of the Board.CommentsClose CommentsPermalink
`(e) The Under Secretary of Defense for Personnel and Readiness shall provide necessary logistical support to the Board.CommentsClose CommentsPermalink
`(f) The Board shall not be subject to the provisions of the Federal Advisory Committee Act (5 U.S.C. App.).'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 1009 of such title is amended by striking the item relating to section 10301 and inserting the following new item:CommentsClose CommentsPermalink
`10301. Reserve Policy Advisory Board.'.CommentsClose CommentsPermalink
(3) REFERENCES- Any reference in any law, regulation, document, record, or other paper of the United States to the Reserve Forces Policy Board shall be deemed to be a reference to the Reserve Policy Advisory Board.CommentsClose CommentsPermalink
(b) Inclusion of Matters From Board in Annual Report on Activities of Department of Defense- Paragraph (2) of
`(2) At the same time the Secretary submits the annual report under paragraph (1), the Secretary may transmit to the President and Congress with such report any additional matters from the Reserve Policy Advisory Board on the programs and activities of the reserve components as the Secretary considers appropriate to include in such report.'.CommentsClose CommentsPermalink
SEC. 532. CHARTER FOR THE NATIONAL GUARD BUREAU.
(a) Prescription of Charter by Secretary of Defense-
(1) by striking `The Secretary of the Army and the Secretary of the Air Force shall jointly develop and' in the matter preceding paragraph (1) and inserting `The Secretary of the Defense shall, in consultation with the Secretary of the Army, the Secretary of the Air Force, and the Chairman of the Joint Chiefs of Staff,';CommentsClose CommentsPermalink
(2) in paragraph (10), by striking `the Army and Air Force' and inserting `the Secretary of Defense, the Secretary of the Army, and the Secretary of the Air Force'; andCommentsClose CommentsPermalink
(3) in paragraph (12), by striking `Secretaries' and inserting `Secretary of Defense, the Secretary of the Army, and the Secretary of the Air Force'.CommentsClose CommentsPermalink
(b) Conforming and Clerical Amendments-CommentsClose CommentsPermalink
(1) CONFORMING AMENDMENT- The heading of section 10503 of such title is amended to read as follows:CommentsClose CommentsPermalink
`Sec. 10503. Functions of National Guard Bureau: charter from the Secretary of Defense'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 1011 of such title is amended by striking the item related to section 10503 and inserting the following new item:CommentsClose CommentsPermalink
`10503. Functions of the National Guard Bureau: charter from the Secretary of Defense.'.CommentsClose CommentsPermalink
SEC. 533. APPOINTMENT, GRADE, DUTIES, AND RETIREMENT OF THE CHIEF OF THE NATIONAL GUARD BUREAU.
(a) Appointment- Subsection (a) of
`(1) are recommended for such appointment by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard;CommentsClose CommentsPermalink
`(2) are recommended for such appointment by the Secretary of the Army or the Secretary of the Air Force;CommentsClose CommentsPermalink
`(3) have had at least 10 years of federally recognized commissioned service in an active status in the National Guard;CommentsClose CommentsPermalink
`(4) are in a grade above the grade of brigadier general;CommentsClose CommentsPermalink
`(5) are determined by the Chairman of the Joint Chiefs of Staff, in accordance with criteria and as a result of a process established by the Chairman, to have significant joint duty experience;CommentsClose CommentsPermalink
`(6) are determined by the Secretary of Defense to have successfully completed such other assignments and experiences so as to possess a detailed understanding of the status and capabilities of National Guard forces and the missions of the National Guard Bureau as set forth in section 10503 of this title;CommentsClose CommentsPermalink
`(7) have a level of operational experience in a position of significant responsibility, professional military education, and demonstrated expertise in national defense and homeland defense matters that are commensurate with the advisory role of the Chief of the National Guard Bureau; andCommentsClose CommentsPermalink
`(8) possess such other qualifications as the Secretary of Defense shall prescribe for purposes of this section.'.CommentsClose CommentsPermalink
(b) Grade- Subsection (d) of such section is amended by striking `lieutenant general' and inserting `general'.CommentsClose CommentsPermalink
(c) Repeal of Age 64 Limitation on Service- Subsection (b) of such section is amended by striking `An officer may not hold that office after becoming 64 years of age.'.CommentsClose CommentsPermalink
(d) Advisory Duties- Subsection (c) of section 10502 of such title is amended to read as follows:CommentsClose CommentsPermalink
`(c) Advisor on National Guard Matters- The Chief of the National Guard Bureau is--CommentsClose CommentsPermalink
`(1) an advisor to the Secretary of Defense, through the Chairman of the Joint Chiefs of Staff, on matters involving non-federalized National Guard forces and on other matters as determined by the Secretary of Defense; andCommentsClose CommentsPermalink
`(2) the principal adviser to the Secretary of the Army and the Chief of Staff of the Army, and to the Secretary of the Air Force and the Chief of Staff of the Air Force, on matters relating to the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States.'.CommentsClose CommentsPermalink
(e) Deferral of Retirement- Section 14512(a) of such title is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(3) The President may defer the retirement of an officer serving in the position specified in paragraph (2)(A), but such deferment may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age.'.CommentsClose CommentsPermalink
SEC. 534. MANDATORY SEPARATION FOR YEARS OF SERVICE OF RESERVE OFFICERS IN THE GRADE OF LIEUTENANT GENERAL OR VICE ADMIRAL.
(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 (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, 30 days after completion of 38 years of commissioned service, be separated in accordance with section 14514 of this title.'.CommentsClose CommentsPermalink
SEC. 535. INCREASE IN PERIOD OF TEMPORARY FEDERAL RECOGNITION AS OFFICERS OF THE NATIONAL GUARD FROM SIX TO TWELVE MONTHS.
Subtitle D--Education and Training
SEC. 551. GRADE AND SERVICE CREDIT OF COMMISSIONED OFFICERS IN UNIFORMED MEDICAL ACCESSION PROGRAMS.
(a) Medical Students of USUHS-
(b) Participants in Health Professions Scholarship and Financial Assistance Program-CommentsClose CommentsPermalink
(1) GRADE OF PARTICIPANTS- Section 2121(c) of such title is amended by striking the second sentence and inserting the following new sentences: `Persons so commissioned shall be appointed in the grade of second lieutenant or ensign, or if they meet promotion criteria prescribed by the Secretary concerned, in the grade of first lieutenant or lieutenant (junior grade), and shall serve on active duty with full pay and allowances of an officer in the applicable grade for a period of 45 days during each year of participation in the program. Any prior service of such persons on active duty shall be deemed, for pay purposes, to have been service as a warrant officer.'.CommentsClose CommentsPermalink
(2) SERVICE CREDIT- Subsection (a) of section 2126 of such title is amended to read as follows:CommentsClose CommentsPermalink
`(a) Service Not Creditable- Except as provided in subsection (b), service performed while a member of the program shall not be counted in determining eligibility for retirement other than by reason of a physical disability incurred while on active duty as a member of the program.'.CommentsClose CommentsPermalink
(c) Officers Detailed as Students at Medical Schools- Subsection (a) of section 2004a of such title is amended by adding at the end the following new sentences: `An officer detailed under this section shall serve on active duty, subject to the limitations on grade specified in section 2114(b) of this title. Any prior active service of such an officer shall be deemed, for pay purposes, to have been served as a warrant officer.'.CommentsClose CommentsPermalink
SEC. 552. EXPANSION OF NUMBER OF ACADEMIES SUPPORTABLE IN ANY STATE UNDER STARBASE PROGRAM.
(a) Expansion-
(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
(b) Effective Date- The amendments made by subsection (a) shall take effect on October 1, 2007.CommentsClose CommentsPermalink
SEC. 553. REPEAL OF POST-2007-2008 ACADEMIC YEAR PROHIBITION ON PHASED INCREASE IN CADET STRENGTH LIMIT AT THE UNITED STATES MILITARY ACADEMY.
SEC. 554. TREATMENT OF SOUTHOLD, MATTITUCK, AND GREENPORT HIGH SCHOOLS, SOUTHOLD, NEW YORK, AS SINGLE INSTITUTION FOR PURPOSES OF MAINTAINING A JUNIOR RESERVE OFFICERS' TRAINING CORPS UNIT.
Southold High School, Mattituck High School, and Greenport High School, located in Southold, New York, may be treated as a single institution for purposes of the maintenance of a unit of the Junior Reserve Officers' Training Corps of the Navy.CommentsClose CommentsPermalink
Subtitle E--Defense Dependents' Education Matters
SEC. 561. 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, $35,000,000 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. 562. 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. 563. 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. 564. AUTHORITY FOR PAYMENT OF PRIVATE BOARDING SCHOOL TUITION FOR MILITARY DEPENDENTS IN OVERSEAS AREAS NOT SERVED BY DEPARTMENT OF DEFENSE DEPENDENTS' SCHOOLS.
Section 1407(b)(1) of the Defense Dependents' Education Act of 1978 (
Subtitle F--Military Justice and Legal Assistance Matters
SEC. 571. 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 oaths.'.CommentsClose CommentsPermalink
SEC. 572. MILITARY LEGAL ASSISTANCE FOR DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES IN AREAS WITHOUT ACCESS TO NON-MILITARY LEGAL ASSISTANCE.
`(6) Civilian employees of the Department of Defense in locations where legal assistance from non-military legal assistance providers is not reasonably available.'.CommentsClose CommentsPermalink
SEC. 573. 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) CONFORMING AND CLERICAL AMENDMENTS- (A) The heading of such section is amended by striking `assistant judge advocate general' and inserting `deputy judge advocate general'.CommentsClose CommentsPermalink
(B) The table of sections at the beginning of chapter 305 of such title is amended in the item relating to section 3037 by striking `Assistant Judge Advocate General' and inserting `Deputy Judge Advocate General'.CommentsClose CommentsPermalink
(b) Grade of Judge Advocate General of the Navy- Section 5148(b) of such title is amended in subsection 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) Exclusion From Active-Duty General and Flag Officer Strength and Distribution Limitations- Section 525(b) of such title is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(9) An officer while serving as the Judge Advocate General of the Army, the Judge Advocate General of the Navy, or the Judge Advocate General of the Air Force is in addition to the number that would otherwise be permitted for that officer's armed force for officers serving on active duty in grades above major general or rear admiral under paragraph (1) or (2), as applicable.'.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
Subtitle G--Military Family Readiness
SEC. 581. DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS COUNCIL.
(a) In General- Subchapter I of chapter 88 of title 10, United States Code, is amended by inserting after section 1781 the following new section: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 (hereafter in this section referred to as the `Council').CommentsClose CommentsPermalink
`(b) Members- (1) The members of the Council shall be the following: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, the Navy, the Marine Corps, and the Air Force, who shall be appointed by 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), of whom not less than two shall be members of the family of an enlisted member of the armed forces.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. Not more than one meeting of the Council each year shall be in the National Capital Region.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 on 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
(b) 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 item:CommentsClose CommentsPermalink
`1781a. Department of Defense Military Family Readiness Council.'.CommentsClose CommentsPermalink
SEC. 582. DEPARTMENT OF DEFENSE POLICY AND PLANS FOR MILITARY FAMILY READINESS.
(a) Policy and Plans Required-CommentsClose CommentsPermalink
(1) IN GENERAL- Subchapter I of chapter 88 of title 10, United States Code, as amended by section 581 of this Act, is further amended by inserting after section 1781a the following new section:CommentsClose CommentsPermalink
`Sec. 1781b. Department of Defense policy and plans for military family readiness
`(a) In General- 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 ensure that the goal of military family readiness is 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 in the most effective possible manner throughout the Department.CommentsClose CommentsPermalink
`(c) Elements of Policy- The policy required under subsection (a) shall include the following elements:CommentsClose CommentsPermalink
`(1) A definition for treating a program or activity of the Department of Defense as a military family readiness program or activity.CommentsClose CommentsPermalink
`(2) Department of Defense-wide goals for military family support, both for military families of members of the regular components and military families of members of the reserve components.CommentsClose CommentsPermalink
`(3) Requirements for joint programs and activities for military family support.CommentsClose CommentsPermalink
`(4) Policies on access to military family support programs and activities based on military family populations served and geographical location.CommentsClose CommentsPermalink
`(5) Metrics to measure the performance and effectiveness of the military family readiness programs and activities of the Department of Defense.CommentsClose CommentsPermalink
`(d) Elements of Plans- (1) Each plan under required under subsection (a) shall include the elements specified in paragraph (2) for the five-fiscal year period beginning with the fiscal year in which such plan is submitted under paragraph (3).CommentsClose CommentsPermalink
`(2) The elements in each plan required under subsection (a) shall include, for the period covered by such plan, the following:CommentsClose CommentsPermalink
`(A) An ongoing identification and assessment of the effectiveness of the military family readiness programs and activities of the Department of Defense in meeting goals for such programs and activities, which assessment shall evaluate such programs and activities separately for each military department and for each regular component and each reserve component.CommentsClose CommentsPermalink
`(B) A description of the resources required to support the military family readiness programs and activities of the Department of Defense, including the military personnel, civilian personnel, and volunteer personnel so required.CommentsClose CommentsPermalink
`(C) An ongoing identification in gaps in the military family readiness programs and activities of the Department of Defense, and an ongoing identification of the resources required to address such gaps.CommentsClose CommentsPermalink
`(D) Mechanisms to apply the metrics developed under subsection (c)(5).CommentsClose CommentsPermalink
`(E) 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
`(3) 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 beginning in the year in which such report is submitted. Each report shall include the plans covered by such report and an assessment of the discharge by the Department of Defense of the previous plans submitted under this subsection.'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of subchapter I of chapter 88 of such title, as so amended, is further amended by inserting after the item relating to section 1781a the following new item:CommentsClose CommentsPermalink
`1781b. Department of Defense policy and plans for military family readiness.'.CommentsClose CommentsPermalink
(3) REPORT ON POLICY- The Secretary of Defense shall submit to the congressional defense committees a report setting forth the policy developed under
(b) Surveys of Military Families-
(1) in the heading, by striking `Authority' and inserting `In General'; andCommentsClose CommentsPermalink
(2) by striking `may conduct surveys' in the matter preceding paragraph (1) and inserting `shall, in fiscal year 2009 and not less often than once every three fiscal years thereafter, conduct surveys'.CommentsClose CommentsPermalink
Subtitle H--Other Matters
SEC. 591. ENHANCEMENT OF CARRYOVER OF ACCUMULATED LEAVE FOR MEMBERS OF THE ARMED FORCES.
(a) Increase in Accumulation of Carryover Amount-CommentsClose CommentsPermalink
(1) IN GENERAL- Subsection (b) of
(2) HIGH DEPLOYMENT MEMBERS- Paragraph (1) of subsection (f) of such section is amended--CommentsClose CommentsPermalink
(A) by striking `60 days' each place it appears and inserting `90 days'; andCommentsClose CommentsPermalink
(B) in subparagraph (C), by striking `third fiscal year' and inserting `fourth fiscal year'.CommentsClose CommentsPermalink
(3) MEMBERS SERVING IN SUPPORT OF CONTINGENCY OPERATIONS- Paragraph (2) of subsection (f) of such section is amended by striking `except for this paragraph--' and all that follows and inserting `except for this paragraph, would lose any accumulated leave in excess of 90 days at the end of that fiscal year, 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
(4) CONFORMING AMENDMENTS- Subsection (g) of such section is amended--CommentsClose CommentsPermalink
(A) by striking `60-day' and inserting `90-day'; andCommentsClose CommentsPermalink
(B) by striking `90-day' and inserting `120-day'.CommentsClose CommentsPermalink
(b) 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
(c) Effective Date-CommentsClose CommentsPermalink
(1) INCREASE IN ACCUMULATION- The amendments made by subsection (a) shall take effect on October 1, 2008.CommentsClose CommentsPermalink
(2) PAY- The amendment made by subsection (b) shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 592. UNIFORM POLICY ON PERFORMANCES BY MILITARY BANDS.
(a) In General- Chapter 49 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 988. Performances by military bands
`(a) In General- Department of Defense bands, ensembles, choruses, or similar musical units, including individual members thereof 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) Performance of Music in Competition With Local Civilian Musicians Defined- In this section, the term `performance of music in competition with local civilian musicians'--CommentsClose CommentsPermalink
`(1) includes--CommentsClose CommentsPermalink
`(A) a performance of music that is more than incidental to an event that is not supported solely by appropriated funds or free to the public; andCommentsClose CommentsPermalink
`(B) a performance of background, dinner, dance, or other social music at any event, regardless of location, that is not supported solely by appropriated funds; butCommentsClose CommentsPermalink
`(2) does not include a performance of music--CommentsClose CommentsPermalink
`(A) at an official Federal Government event that is supported solely by appropriated funds;CommentsClose CommentsPermalink
`(B) at a concert, parade, or other event of a patriotic nature (including a celebration of a national holiday) that is free to the public; orCommentsClose CommentsPermalink
`(C) that is incidental to an event that is not supported solely by appropriated funds, including a short performance of military or patriotic music at the beginning or end of an event, if the performance complies with such regulations as the Secretary of Defense shall prescribe for purposes of this section.CommentsClose CommentsPermalink
`(c) Members of Department of Defense Bands Performing in Personal Capacity- A member of a Department of Defense band, ensemble, chorus, or similar musical unit may perform music in the member's personal capacity, as an individual or part of a group, whether for remuneration or otherwise, if in so performing the member does not wear a military uniform or otherwise identify the member as a member of the Department of Defense, as provided in applicable regulations and standards of conduct.CommentsClose CommentsPermalink
`(d) Recordings- (1) When authorized pursuant to regulations prescribed by the Secretary of Defense for purposes of this section, Department of Defense bands, ensembles, choruses, or similar musical units 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 recording 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
(b) Conforming Repeals- Sections 3634, 6223, and 8634 of such title are repealed.CommentsClose CommentsPermalink
(c) Clerical Amendments-CommentsClose CommentsPermalink
(1) The table of sections at the beginning of chapter 49 of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`988. Performances by military bands.'.CommentsClose CommentsPermalink
(2) 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
(3) 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
(4) 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. 593. WAIVER OF TIME LIMITATIONS ON AWARD OF MEDALS OF HONOR TO CERTAIN MEMBERS OF THE ARMY.
(a) Waiver of Time Limitations- Notwithstanding the time limitations specified in
(b) Woodrow Keeble- Subsection (a) applies with respect to Woodrow W. Keeble, for conspicuous acts of gallantry and intrepidity at the risk of his life above and beyond the call of duty as an acting platoon leader on October 20, 1950, during the Korean War.CommentsClose CommentsPermalink
(c) Leslie Sabo, Jr- Subsection (a) applies with respect to Leslie H. Sabo, Jr., for conspicuous acts of gallantry and intrepidity at the risk of his life above and beyond the call of duty on May 10, 1970, as an Army soldier, serving in the grade of Specialist Grade Four in Vietnam, with Company B, 3d Battalion, 506th Infantry Regiment, 101st Airborne Division.CommentsClose CommentsPermalink
(d) Philip Shadrach- Subsection (a) applies with respect to Philip G. Shadrach, for conspicuous acts of gallantry and intrepidity at the risk of his life above and beyond the call of duty on April 12, 1862, as a Union Soldier, serving in the grade of Private during the Civil War, with Company K, 2nd Ohio Volunteer Infantry Regiment.CommentsClose CommentsPermalink
(e) Henry Svehla- Subsection (a) applies with respect to Henry Svehla, for conspicuous acts of gallantry and intrepidity at the risk of his life above and beyond the call of duty on June 12, 1952, as an Army soldier, serving in the grade of Private First Class in Korea, with Company F, 32d Infantry Regiment, 7th Infantry Division.CommentsClose CommentsPermalink
(f) George Wilson- Subsection (a) applies with respect to George D. Wilson, for conspicuous acts of gallantry and intrepidity at the risk of his life above and beyond the call of duty on April 12, 1862, as a Union Soldier, serving in the grade of Private during the Civil War, with Company B, 2nd Ohio Volunteer Infantry Regiment.CommentsClose CommentsPermalink
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. FISCAL YEAR 2008 INCREASE IN MILITARY BASIC PAY.
(a) Waiver of Section 1009 Adjustment- The adjustment to become effective during fiscal year 2008 required by
(b) Increase in Basic Pay- Effective on 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. 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. 603. MIDMONTH PAYMENT OF BASIC PAY FOR CONTRIBUTIONS OF MEMBERS PARTICIPATING IN THRIFT SAVINGS PLAN.
`(c) Subsection (a) does not preclude a payment with respect to a member who elects to participate in the Thrift Savings Plan under section 211 of this title 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 shall be deposited in the Fund at midmonth.'.CommentsClose CommentsPermalink
Subtitle B--Bonuses and Special and Incentive Pays
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
SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY AND MULTIYEAR RETENTION BONUS FOR MEDICAL OFFICERS OF THE ARMED FORCES.
(a) Incentive Special Pay-
(b) Multiyear Retention Bonus- Section 301d(a)(2) of such title is amended by striking `$50,000' and inserting `$75,000'.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall take effect on October 1, 2007.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 subsection (a) shall take effect on October 1, 2007, and shall apply to payments of dental officer additional special pay under agreements entered into under
SEC. 617. ENHANCEMENT OF HARDSHIP DUTY PAY.
(a) In General- The text of
`(a) Authority- 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 maximum monthly rate of special pay payable to a member on a monthly basis under this section is $1,500.CommentsClose CommentsPermalink
`(2) The amount of the lump sum payment of special pay payable to a member on a lump sum basis under this section may not exceed an amount equal to the product of--CommentsClose CommentsPermalink
`(A) the maximum monthly rate authorized under paragraph (1) at the time the member qualifies for payment of special pay on a lump sum basis under this section; andCommentsClose CommentsPermalink
`(B) the number of months for which special pay on a lump sum basis under this section is payable to the member.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 complete the period of service for which such special pay is paid, 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 rates at which special pay payable under this section on a monthly basis shall be paid.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2007, and shall apply with respect to hardship duty pay payable on or after that date.CommentsClose CommentsPermalink
SEC. 618. INCLUSION OF SERVICE AS OFF-CYCLE CREWMEMBER OF MULTI-CREWED SHIP IN SEA DUTY FOR CAREER SEA PAY.
(a) In General-
(1) in clause (ii), by striking `or' at the end; 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
(b) Effective Date- The amendments made by subsection (a) shall take effect on October 1, 2007, and shall apply with respect to months beginning on or after that date.CommentsClose CommentsPermalink
SEC. 619. MODIFICATION OF REENLISTMENT BONUS FOR MEMBERS OF THE SELECTED RESERVE.
(a) Minimum Period of Reenlistment- Subsection (a)(2) of
(b) Amount of Bonus- Subsection (b)(1) of such section is amended by striking `may not exceed--' and all that follows and inserting `may not exceed $15,000.'.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall take effect on October 1, 2007, and shall apply with respect to reenlistments or extensions of enlistment that occur on or after that date.CommentsClose CommentsPermalink
SEC. 620. INCREASE IN YEARS OF COMMISSIONED SERVICE COVERED BY AGREEMENTS FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING PERIODS OF ACTIVE DUTY.
(a) Increase-
(1) in subsection (a)(3), by striking `26 years' and inserting `30 years'; andCommentsClose CommentsPermalink
(2) in subsection (e)(1), by striking `26 years' and inserting `30 years'.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to agreements, including new agreements, entered into under
SEC. 621. AUTHORITY TO WAIVE 25-YEAR ACTIVE DUTY LIMIT FOR RETENTION BONUS FOR CRITICAL MILITARY SKILLS WITH RESPECT TO CERTAIN MEMBERS.
(a) Authority-
`(4) The limitations in paragraph (1) may be waived by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, with respect to a member who is assigned duties in a critical skill designated by such Secretary for purposes of this paragraph during the period of active duty for which the bonus is being offered.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by this section shall take effect on October 1, 2007, and shall apply with respect to written agreements that are executed, or reenlistments or extensions of enlistment that occur, under
SEC. 622. CODIFICATION AND IMPROVEMENT OF AUTHORITY TO PAY BONUS TO ENCOURAGE MEMBERS OF THE ARMY TO REFER OTHER PERSONS FOR ENLISTMENT IN THE ARMY.
(a) Codification and Improvement of Bonus Authority-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 5 of title 37, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 331. Bonus to encourage Army personnel to refer other 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 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 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 title 10 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 title 10.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 title 10, 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 chapter 5 of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`331. Bonus to encourage Army personnel to refer other persons for enlistment in the Army.'.CommentsClose CommentsPermalink
(b) Repeal of Superseded Authority- Section 645 of the National Defense Authorization Act for Fiscal Year 2006 (
(c) Payment of Bonuses Under Superseded Authority- Any bonus payable under section 645 of the National Defense Authorization Act for Fiscal Year 2006, as amended, as of the day before the date of the enactment of this Act shall remain payable after that date in accordance with the provisions of such section as in effect on such day.CommentsClose CommentsPermalink
SEC. 623. AUTHORITY TO PAY BONUS TO ENCOURAGE DEPARTMENT OF DEFENSE PERSONNEL TO REFER OTHER PERSONS FOR APPOINTMENT AS OFFICERS TO SERVE IN HEALTH PROFESSIONS.
(a) In General- Chapter 5 of title 37, United States Code, as amended by section 622 of this Act, is further amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 331a. Bonus to encourage Department of Defense personnel to refer other persons for appointment as officers to serve in health professions
`(a) Authority To Pay Bonus-CommentsClose CommentsPermalink
`(1) AUTHORITY- The appropriate Secretary may 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 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 forced.CommentsClose CommentsPermalink
`(B) A member of the armed forces in a reserve component of the armed forced.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 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 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 title 10 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 title 10.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 title 10, 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
(b) Clerical Amendment- The table of sections at the beginning of chapter 5 of such title, as so amended, is further amended by adding at the end the following new item:CommentsClose CommentsPermalink
`331a. Bonus to encourage Department of Defense personnel to refer other persons for appointment as officers to serve in health professions.'.CommentsClose CommentsPermalink
SEC. 624. ACCESSION BONUS FOR PARTICIPANTS IN ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.
(a) Accession Bonus Authorized-
`(f)(1) In order to increase participation in the program, the Secretary of Defense may pay a person who signs an agreement under section 2122 of this title an accession bonus of not more than $20,000.CommentsClose CommentsPermalink
`(2) An accession bonus paid a person under this subsection is in addition to any other amounts payable to the person under this subchapter.CommentsClose CommentsPermalink
`(3) In the case of an individual who is paid an accession bonus under this subsection, but fails to commence or complete the obligated service required of the person under this subchapter, the repayment provisions of section 303a(e) of title 37 shall apply to the accession bonus paid the person under this subsection.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2007, and shall apply with respect to agreements signed under subchapter I of chapter 105 of title 10, United States Code, on or after that date.CommentsClose CommentsPermalink
Subtitle C--Travel and Transportation Allowances
SEC. 641. PAYMENT OF EXPENSES OF TRAVEL TO THE UNITED STATES FOR OBSTETRICAL PURPOSES OF DEPENDENTS LOCATED IN VERY REMOTE LOCATIONS OUTSIDE THE UNITED STATES.
(1) by redesignating subsections (c) and (d) as subsection (d) and (e), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (b) the following new subsection (c):CommentsClose CommentsPermalink
`(c) The Secretary of Defense may pay the travel expenses and related expenses of a dependent of a member of the uniformed services assigned to a very remote location outside the United States, as determined by the Secretary, for travel for obstetrical purposes to a location in the United States.'.CommentsClose CommentsPermalink
SEC. 642. 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 the moving expenses of a Junior Reserve Officers' Training Corps instructor who executes a written agreement to serve a minimum of two years of employment at the institution in a position that is hard-to-fill for geographic or economic reasons and as determined by the Secretary concerned.CommentsClose CommentsPermalink
`(2) Any reimbursement of an instructor under paragraph (1) is in addition to the minimum instructor pay otherwise payable to the instructor.CommentsClose CommentsPermalink
`(3) The Secretary concerned shall reimburse an institution making a reimbursement under paragraph (1) in an amount equal to the amount of the reimbursement paid by the institution under that paragraph. Any reimbursement under this paragraph shall be made from funds appropriated for that purpose.CommentsClose CommentsPermalink
`(4) The payment of reimbursements under paragraphs (1) and (3) 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. 651. MODIFICATION OF SCHEME FOR PAYMENT OF DEATH GRATUITY PAYABLE WITH RESPECT TO MEMBERS OF THE ARMED FORCES.
(a) In General- Subsection (a) of
`(1) To any individual designated by the person in writing.CommentsClose CommentsPermalink
`(2) If there is no person so designated, to the surviving spouse of the person.CommentsClose CommentsPermalink
`(3) If there is none of the above, to the children (as prescribed by subsection (b)) of the person and the descendants of any deceased children by representation.CommentsClose CommentsPermalink
`(4) If there is none of the above, to the parents (as prescribed by subsection (c)) of the person or the survivor of them.CommentsClose CommentsPermalink
`(5) If there is none of the above, to the duly appointed executor or administrator of the estate of the person.CommentsClose CommentsPermalink
`(6) 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
(b) Conforming Amendments- Such section is further amended--CommentsClose CommentsPermalink
(1) in subsection (b), by striking `Subsection (a)(2)' in the matter preceding paragraph (1) and inserting `Subsection (a)(3)';CommentsClose CommentsPermalink
(2) by striking (c) and inserting the following new subsection (c):CommentsClose CommentsPermalink
`(c) For purposes of subsection (a)(4), 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.'; andCommentsClose CommentsPermalink
(3) by striking subsection (d).CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink
(d) Applicability- Notwithstanding subsection (c), the provisions of
(1) the date on which such member makes the designation contemplated by paragraph (1) of section 1477(a) of such title (as amended by subsection (a) of this section); orCommentsClose CommentsPermalink
(2) January 1, 2008.CommentsClose CommentsPermalink
(e) Regulations-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than December 1, 2007, 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 paragraph (1) of
SEC. 652. ANNUITIES FOR GUARDIANS OR CARETAKERS OF DEPENDENT CHILDREN UNDER SURVIVOR BENEFIT PLAN.
(a) Election-
(1) in the subsection caption, by striking `and Former Spouse' and inserting `, Former Spouse, and Guardian or Caretaker'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(6) GUARDIAN OR CARETAKER COVERAGE-CommentsClose CommentsPermalink
`(A) GENERAL RULE- A person who is not married and has one or more dependent children upon becoming eligible to participate in the Plan may elect to provide an annuity under the Plan to a natural person (other than a natural person with an insurable interest in the person under paragraph (1) or a former spouse) who acts as a guardian or caretaker to such child or children. In the case of a person providing a reserve-component annuity, such an election shall include a designation under subsection (e).CommentsClose CommentsPermalink
`(B) TERMINATION OF COVERAGE- Subparagraphs (B) through (E) of paragraph (1) shall apply to an election under subparagraph (A) of this paragraph in the same manner as such subparagraphs apply to an election under subparagraph (A) of paragraph (1).CommentsClose CommentsPermalink
`(C) ELECTION OF NEW BENEFICIARY UPON DEATH OF PREVIOUS BENEFICIARY- Subparagraph (G) of paragraph (1) shall apply to an election under subparagraph (A) of this paragraph in the same manner as such subparagraph (G) applies to an election under subparagraph (A) of paragraph (1), except that any new beneficiary elected under such subparagraph (G) by reason of this subparagraph shall be a guardian or caretaker of the dependent child or children of the person making such election.'.CommentsClose CommentsPermalink
(b) Payment of Annuity- Section 1450 of such title is amended--CommentsClose CommentsPermalink
(1) in subsection (a), by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(5) GUARDIAN OR CARETAKER COVERAGE- The natural person designated under section 1448(b)(6) of this title, unless the election to provide an annuity to the natural person has been changed as provided in subsection (f).'; andCommentsClose CommentsPermalink
(2) in the subsection caption of subsection (f), by striking `or Former Spouse' and inserting `, Former Spouse, or Guardian or Caretaker'.CommentsClose CommentsPermalink
(c) Amount of Annuity- Section 1451(b) of such title is amended--CommentsClose CommentsPermalink
(1) in the subsection caption, by inserting `or Guardian or Caretaker' after `Insurable Interest'; andCommentsClose CommentsPermalink
(2) by inserting `or 1450(a)(5)' after `1450(a)(4)' each place it appears in paragraphs (1) and (2).CommentsClose CommentsPermalink
(d) Reduction in Retired Pay- Section 1452(c) of such title is amended--CommentsClose CommentsPermalink
(1) in the subsection caption, by inserting `or Guardian or Caretaker' after `Insurable Interest'; andCommentsClose CommentsPermalink
(2) by inserting `or 1450(a)(5)' after `1450(a)(4)' each place it appears in paragraphs (1) and (3).CommentsClose CommentsPermalink
SEC. 653. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION ELIGIBILITY FOR CHAPTER 61 MILITARY RETIREES.
(a) Eligibility- 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 designating the text of that paragraph as subparagraph (A), realigning that text so as to be indented 4 ems from the left margin, and inserting before `In the case of' the following heading: `IN GENERAL- '; 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. 654. 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 on January 1, 2007, and shall apply with respect to retired pay and retainer pay payable on or after that date.CommentsClose CommentsPermalink
SEC. 655. 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 this subsection, 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
Subtitle E--Education Benefits
SEC. 671. TUITION ASSISTANCE FOR OFF-DUTY TRAINING OR EDUCATION.
(a) Clarification of Applicability of Current Authority to Commissioned Officers on Active Duty- Subsection (b) of
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by inserting `(other than a member of the Ready Reserve)' after `active duty' the first place it appears; andCommentsClose CommentsPermalink
(B) by striking `or full-time National Guard duty' both places it appears; andCommentsClose CommentsPermalink
(2) in paragraph (2)(B), by inserting `for which ordered to active duty' after `active duty service'.CommentsClose CommentsPermalink
(b) Authority To Pay Tuition Assistance to Members of the Ready Reserve-CommentsClose CommentsPermalink
(1) IN GENERAL- Subsection (c) of such section is amended to read as follows:CommentsClose CommentsPermalink
`(c)(1) Subject to paragraphs (3)(A) and (4), the Secretary of a military department 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 (3)(B) and (4), the Secretary of a military department 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 for purposes of this subsection.CommentsClose CommentsPermalink
`(3)(A) The Secretary of a military department may not pay charges under paragraph (1) for tuition or expenses of an officer of the Selected Reserve unless the officer agrees to remain a member of the Selected Reserve for at least four years after completion of the education or training for which the charges are paid.CommentsClose CommentsPermalink
`(B) The Secretary of a military department may not pay charges under paragraph (2) for tuition or expenses of an officer of the Individual Ready Reserve unless the officer agrees to remain in the Selected Reserve or Individual Ready Reserve for at least four years after completion of the education or training for which the charges are paid.CommentsClose CommentsPermalink
`(4) The Secretary of a military department may require enlisted members of the Selected Reserve or Individual Ready Reserve to agree to serve for up to four years in the Selected Reserve or Individual Ready Reserve, as the case may be, after completion of 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
(c) 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 and the Secretary of Homeland Security for the Coast Guard when it is not operating as a service in the Navy.'.CommentsClose CommentsPermalink
SEC. 672. EXPANSION OF SELECTED RESERVE EDUCATION LOAN REPAYMENT PROGRAM.
(a) Additional Loans Eligible for Repayment- Paragraph (1) of subsection (a) of
(1) in subparagraph (B), by striking `or' at the end;CommentsClose CommentsPermalink
(2) in subparagraph (C), by striking the period at the end and inserting `; or'; andCommentsClose CommentsPermalink
(3) by adding at the end 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 such State, and approved by the Secretary for purposes of this section.'.CommentsClose CommentsPermalink
(b) Eligibility of Officers- 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 officer program or military specialty'; andCommentsClose CommentsPermalink
(2) by striking paragraph (3).CommentsClose CommentsPermalink
(c) Conforming Amendment- The heading of such section is amended to read as follows:CommentsClose CommentsPermalink
`Sec. 16301. Education loan repayment program: members of the Selected Reserve'.
(d) Clerical Amendment- 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 the Selected Reserve.'.CommentsClose CommentsPermalink
Subtitle F--Other Matters
SEC. 681. ENHANCEMENT OF AUTHORITIES ON INCOME REPLACEMENT PAYMENTS FOR RESERVES EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR ACTIVE-DUTY SERVICE.
(a) Clarification of General Authority- Subsection (a) of
(b) Eligibility- Subsection (b) of such section is amended to read as follows:CommentsClose CommentsPermalink
`(b) Eligibility- Subject to subsection (c), a reserve component member is entitled to a payment under this section for any full month of active duty of the member--CommentsClose CommentsPermalink
`(1) while on active duty under an involuntary mobilization order, following the date on which the member--CommentsClose CommentsPermalink
`(A) completes 18 continuous months of service on active duty under such an order;CommentsClose CommentsPermalink
`(B) completes 730 cumulative days of service on active duty under such an 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 following the member's separation from a previous period of involuntary active duty for period of 180 days or more; orCommentsClose CommentsPermalink
`(2) while 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 deployed to an area designated for special pay under section 310 of this title after becoming entitled to income replacement pay under paragraph (1).'.CommentsClose CommentsPermalink
(c) Termination- Subsection (g) of such section is amended to read as follows:CommentsClose CommentsPermalink
`(g) Termination of Authority- Payment under this section shall only be made for service performed on or before December 31, 2008.'.CommentsClose CommentsPermalink
SEC. 682. OVERSEAS NATURALIZATION OF MILITARY FAMILY MEMBERS.
(a) In General- Section 319 of the Immigration and Nationality Act (
`(e) Any person who is lawfully admitted for permanent residence, is the spouse or child of a member of the Armed Forces, and is authorized to accompany such member and reside in a foreign country with the member pursuant to the member's official orders, and who is so accompanying and residing with the member (in marital union if a spouse), may be naturalized upon compliance with all the requirements of this title except that the person's residence and physical presence in such foreign country shall be treated as residence and physical presence in the United States or any State for the purpose of satisfying the requirements of section 316 or 322 for naturalization and for the purpose of satisfying the requirements of section 101(a)(13)(C)(i) or (ii).'.CommentsClose CommentsPermalink
(b) Overseas Naturalization Authority- Section 1701(d) of the National Defense Authorization Act for Fiscal Year 2004 (
(c) Effective Date- The amendments made by this section shall take effect on the date of enactment of this Act and apply to any application of naturalization pending before the Secretary of Homeland Security on or after the date of enactment.CommentsClose CommentsPermalink
TITLE VII--HEALTH CARE PROVISIONS
SEC. 701. 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 October 1, 2007, 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. 702. 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 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; andCommentsClose CommentsPermalink
(B) give a high priority to surveying health care and mental health care providers in such areas.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) Supervision-CommentsClose CommentsPermalink
(1) SUPERVISING OFFICIAL- The Secretary shall designate a senior official of the Department of Defense to take the actions necessary for achieving and maintaining participation of health care and mental health care providers in TRICARE Standard and TRICARE Extra throughout TRICARE in a number that is adequate to ensure the viability of TRICARE Standard for TRICARE beneficiaries.CommentsClose CommentsPermalink
(2) DUTIES- The official designated under paragraph (1) shall have the following duties:CommentsClose CommentsPermalink
(A) To make recommendations to the Secretary for purposes of subsection (a)(2) on appropriate benchmarks for measuring the adequacy of health care and mental health care providers in TRICARE Prime service areas and geographic areas in the United States in which TRICARE Prime is not offered.CommentsClose CommentsPermalink
(B) To educate health care and mental health care providers about TRICARE Standard and TRICARE Extra.CommentsClose CommentsPermalink
(C) To encourage health care and mental health care providers to accept patients under TRICARE Standard and TRICARE Extra.CommentsClose CommentsPermalink
(D) To ensure that TRICARE beneficiaries have the information necessary to locate TRICARE Standard and TRICARE Extra providers readily.CommentsClose CommentsPermalink
(E) To recommend adjustments in TRICARE Standard provider payment rates that the official considers necessary to ensure adequate availability of TRICARE Standard providers for TRICARE Standard beneficiaries.CommentsClose CommentsPermalink
(c) 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
(d) Effective Date- This section shall take effect on October 1, 2007.CommentsClose CommentsPermalink
(e) Repeal of Superseded Requirements and Authority- Section 723 of the National Defense Authorization Act for Fiscal Year 2004 (
(f) 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 are 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 `United States' means the United States (as defined in
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
SEC. 801. SUBSTANTIAL SAVINGS UNDER MULTIYEAR CONTRACTS.
(a) Definition in Regulations of Substantial Savings Under Multiyear Contracts-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall modify the regulations prescribed pursuant to subsection (b)(2)(A) of
(A) savings that exceed 10 percent of the total anticipated costs of carrying out a program through annual contracts shall be considered to be substantial;CommentsClose CommentsPermalink
(B) savings that exceed 5 percent of the total anticipated costs of carrying out a program through annual contracts, but do not exceed 10 percent of such costs, shall not be considered to be substantial unless the Secretary determines in writing that an exceptionally strong case has been made with regard to the findings required by paragraphs (2) through (6) of section 2306b(a) of such title; andCommentsClose CommentsPermalink
(C) savings that do not exceed 5 percent of the total anticipated costs of carrying out a program through annual contracts shall not be considered to be substantial.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The modification required by paragraph (1) shall apply with regard to any multiyear contract that is authorized after the date that is 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(b) Report on Basis for Determination-
(c) Reports on Savings Achieved-CommentsClose CommentsPermalink
(1) REPORTS REQUIRED- Not later than January 15 of 2008, 2009, and 2010, the Secretary shall submit to the congressional defense committees a report on the savings achieved through the use of multiyear contracts that were entered under the authority of
(2) ELEMENTS- Each report under paragraph (1) shall specify, for each multiyear contract covered by such report--CommentsClose CommentsPermalink
(A) the savings that the Department of Defense estimated it would achieve through the use of the multiyear contract at the time such contract was awarded; andCommentsClose CommentsPermalink
(B) the best estimate of the Department on the savings actually achieved under such contract.CommentsClose CommentsPermalink
SEC. 802. CHANGES TO MILESTONE B CERTIFICATIONS.
(1) in subsection (a), by inserting `, after receiving a business case analysis,' after `the milestone decision authority' in the matter preceding paragraph (1);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 are--CommentsClose CommentsPermalink
`(A) inconsistent with such certification; orCommentsClose CommentsPermalink
`(B) 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 action is in the best interest of the national security of the United States.';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) Any information provided to the milestone decision authority pursuant to subsection (b) shall be summarized in the first Selected Acquisition Report submitted under section 2432 of this title after such information is received by the milestone decision authority.'; andCommentsClose CommentsPermalink
(5) in subsection (e), as so redesignated, by striking `subsection (c)' and inserting `subsection (d)'.CommentsClose CommentsPermalink
SEC. 803. 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) Establishing system commands within each military department, each of which commands would be headed by a 4-star general or flag officer, to whom the program managers and program executive officers for major defense acquisition programs would report.CommentsClose CommentsPermalink
(2) Revising the acquisition process for major defense acquisition programs by establishing shorter, more frequent acquisition program milestones.CommentsClose CommentsPermalink
(3) Requiring certifications of program status to the defense acquisition executive and Congress prior to milestone approval for major defense acquisition programs.CommentsClose CommentsPermalink
(4) 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
(5) Establishing a milestone system for major defense acquisition programs utilizing the following milestones (or such other milestones as the Comptroller General considers appropriate for purposes of the review):CommentsClose CommentsPermalink
(A) MILESTONE 0- The time for the development and approval of a mission need statement for a major defense acquisition program.CommentsClose CommentsPermalink
(B) MILESTONE 1- The time for the development and approval of a capability need definition for a major defense acquisition program, including development and approval of a certification statement on the characteristics required for the system under the program and a determination of the priorities among such characteristics.CommentsClose CommentsPermalink
(C) MILESTONE 2- The time for technology development and assessment for a major defense acquisition program, including development and approval of a certification statement on technology maturity of elements under the program.CommentsClose CommentsPermalink
(D) MILESTONE 3- The time for system development and demonstration for a major defense acquisition program, including development and approval of a certification statement on design proof of concept.CommentsClose CommentsPermalink
(E) MILESTONE 4- The time for final design, production prototyping, and testing of a major defense acquisition program, including development and approval of a certification statement on cost, performance, and schedule in advance of initiation of low-rate production of the system under the program.CommentsClose CommentsPermalink
(F) MILESTONE 5- The time for limited production and field testing of the system under a major defense acquisition program.CommentsClose CommentsPermalink
(G) MILESTONE 6- The time for initiation of full-rate production of the system under a major defense acquisition program.CommentsClose CommentsPermalink
(6) 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
(7) 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
(8) Modifying the role played by chiefs of staff of the Armed Forces in the requirements, resource allocation, and acquisition processes.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) Individuals who formerly served as senior acquisition officials in the Department of Defense.CommentsClose CommentsPermalink
(3) 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
(4) Other experts on the acquisition of major weapon systems.CommentsClose CommentsPermalink
(5) Appropriate experts in the Government Accountability Office.CommentsClose CommentsPermalink
SEC. 804. INVESTMENT STRATEGY FOR MAJOR DEFENSE ACQUISITION PROGRAMS.
(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 strategies of the Department of Defense for the allocation of funds and other resources under major defense acquisition programs.CommentsClose CommentsPermalink
(b) Elements- The report required by subsection (a) shall address, at a minimum, Department of Defense organizations, procedures, and approaches for the following purposes:CommentsClose CommentsPermalink
(1) To establish priorities among needed capabilities under major defense acquisition programs, and to assess the resources (including funds, technologies, time, and personnel) needed to achieve such capabilities.CommentsClose CommentsPermalink
(2) To balance cost, schedule, and requirements for major defense acquisition programs to ensure the most efficient use of Department of Defense resources.CommentsClose CommentsPermalink
(3) To ensure 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) 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, procedures, and approaches described in the report.CommentsClose CommentsPermalink
SEC. 805. 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 B--Amendments Relating to General Contracting Authorities, Procedures, and Limitations
SEC. 821. ENHANCED COMPETITION REQUIREMENTS FOR TASK AND DELIVERY ORDER CONTRACTS.
(a) Limitation on Single Award Contracts-
(1) by redesignating paragraph (3) as paragraph (4); andCommentsClose CommentsPermalink
(2) by inserting after paragraph (2) the following new paragraph (3):CommentsClose CommentsPermalink
`(3) No task or delivery order contract in an amount estimated to exceed $100,000,000 (including all options) may be awarded to a single contractor unless the head of the agency determines in writing that--CommentsClose CommentsPermalink
`(A) because of the size, scope, or method of performance of the requirement, it would not be practical to award multiple task or delivery order contracts;CommentsClose CommentsPermalink
`(B) the task or delivery orders expected under the contract are so integrally related that only a single contractor can reasonably perform the work;CommentsClose CommentsPermalink
`(C) 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; orCommentsClose CommentsPermalink
`(D) only one contractor is qualified and capable of performing the work at a reasonable price to the government.'.CommentsClose CommentsPermalink
(b) Enhanced Competition for Orders in Excess of $5,000,000- Section 2304c of such title is amended--CommentsClose CommentsPermalink
(1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively;CommentsClose CommentsPermalink
(2) 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
(3) 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 $5,000,000.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
(c) Effective Dates-CommentsClose CommentsPermalink
(1) SINGLE AWARD CONTRACTS- The amendments made by subsection (a) shall take effect on the date that is 60 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
(2) ORDERS IN EXCESS OF $5,000,000- The amendments made by subsection (b) shall take effect on the date that is 60 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. 822. 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) 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 shall be treated as a commercial item and purchased under procedures established for the procurement of commercial items only if--CommentsClose CommentsPermalink
`(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);CommentsClose CommentsPermalink
`(2) the Secretary of Defense determines 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 treatment of the subsystem as a commercial item is necessary to meet national security objectives; orCommentsClose CommentsPermalink
`(3) the contractor demonstrates that it has sold, leased, or licensed the subsystem or an item that is the same as the subsystem, but for modifications described in subparagraphs (B) and (C) of section 4(12) of the Office of Federal Procurement Policy Act, in significant quantities to the general public.';CommentsClose CommentsPermalink
(B) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; andCommentsClose CommentsPermalink
(C) by inserting after subsection (b) the following new subsections (c) and (d):CommentsClose CommentsPermalink
`(c) Treatment of Components and Spare Parts as Commercial Items- A component or spare part for a major weapon system may be treated as a commercial item, and purchased under procedures established for the procurement of commercial items, only if--CommentsClose CommentsPermalink
`(1) the component or spare part is intended for--CommentsClose CommentsPermalink
`(A) 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
`(B) 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
`(2) the contractor demonstrates that it has sold, leased, or licensed the component or spare part, or an item that is the same as the component or spare part, but for modifications described in subparagraphs (B) and (C) of section 4(12) of the Office of Federal Procurement Policy Act, in significant quantities to the general public.CommentsClose CommentsPermalink
`(d) Price Information- In the case of any major weapon system, subsystem, component, or spare part purchased under procedures established for the procurement of commercial items under the authority of this section, the contractor shall provide data other than certified cost or pricing data, including information on prices at which the same item or similar items have previously been sold to the general public, that is adequate for evaluating, through price analysis, the reasonableness of the price of the contract, subcontract, or modification of the contract or subcontract pursuant to which such major weapon system, subsystem, component or spare part, as the case may be, will be purchased.'.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 subsystem, component, or spare part that is determined to be a commercial item in accordance with the requirements of section 2379 of this title)'.CommentsClose CommentsPermalink
(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 following:CommentsClose CommentsPermalink
(1) The Federal Government or a State, local, or foreign government.CommentsClose CommentsPermalink
(2) A contractor or subcontractor acting on behalf of the Federal Government or a State, local, or foreign government.CommentsClose CommentsPermalink
(c) Harmonization of Thresholds for Cost or Pricing Data-
SEC. 823. CLARIFICATION OF RULES REGARDING THE PROCUREMENT OF COMMERCIAL SERVICES.
Notwithstanding section 8002(d) of the Federal Acquisition Streamlining Act of 1994 (
(1) Commercial services procured for support of a commercial item, as described in section 4(12)(E) of the Office of Federal Procurement Policy Act (
(2) Emergency repair services.CommentsClose CommentsPermalink
SEC. 824. 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. 825. 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. 826. MULTIYEAR PROCUREMENT AUTHORITY FOR ELECTRICITY FROM RENEWABLE ENERGY SOURCES.
(a) Multiyear Procurement Authorized- Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 2410q. Multiyear procurement authority: purchase of electricity from renewable energy sources
`(a) Multiyear Contracts Authorized- Subject to subsection (b), the Secretary of Defense may enter into contracts 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 a contract for a period in excess of five years only if the Secretary determines, on the basis of a business case 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
(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 procurement authority: purchase of electricity from renewable energy sources.'.CommentsClose CommentsPermalink
Subtitle C--Acquisition Policy and Management
SEC. 841. JOINT REQUIREMENTS OVERSIGHT COUNCIL.
(a) Advisors-
(1) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink
(2) by inserting after subsection (b) the following new subsection (c):CommentsClose CommentsPermalink
`(c) Advisors- The Under Secretary of Defense for Acquisition, Technology, and Logistics and the Under Secretary of Defense (Comptroller) shall serve as advisors to the Council on matters within their authority and expertise.'.CommentsClose CommentsPermalink
(b) Consultation- Section 2433(e)(2) of such title is amended by inserting `, after consultation with the Joint Requirements Oversight Council regarding program requirements,' after `Secretary of Defense' in the matter preceding subparagraph (A).CommentsClose CommentsPermalink
SEC. 842. MANAGEMENT STRUCTURE FOR THE PROCUREMENT OF CONTRACT SERVICES.
(a) Authority To Establish Contract Support Acquisition Centers- Subsection (b) of
`(4) Each senior official responsible for the management of acquisition of contract services is authorized to establish a center (to be known as a `Contract Support Acquisition Center') to act as executive agent for the acquisition of contract services. Any center so established shall be subject to the provisions of subsection (c).'.CommentsClose CommentsPermalink
(b) Direction, Staff, and Support- 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) Direction, Staff, and Support of Contract Support Acquisition Centers- (1) The Contract Support Acquisition Center established by a senior official responsible for the management of acquisition of contract services under subsection (b)(4) shall be subject to the direction, supervision, and oversight of such senior official.CommentsClose CommentsPermalink
`(2) The Secretary of Defense or the Secretary of the military department concerned may transfer to a Contract Support Acquisition Center any personnel under the authority of such Secretary whose principal duty is the acquisition of contract services.CommentsClose CommentsPermalink
`(3)(A) Except as provided in subparagraph (E), the Secretary of Defense may accept from the head of a department or agency outside the Department of Defense a transfer to any Contract Support Acquisition Center under subsection (b)(4) of all or part of any organizational unit of such other department or agency that is primarily engaged in the acquisition of contract services if, during the most recent year for which data is available before such transfer, more than 50 percent of the contract services acquired by such organizational unit (as determined on the basis of cost) were acquired on behalf of the Department of Defense.CommentsClose CommentsPermalink
`(B) The head of a department or agency outside the Department of Defense may transfer in accordance with this paragraph an organizational unit that is authorized to be accepted under subparagraph (A).CommentsClose CommentsPermalink
`(C) A transfer under this paragraph may be made and accepted only pursuant to a memorandum of understanding entered into by the head of the department or agency making the transfer and the Secretary of Defense.CommentsClose CommentsPermalink
`(D) A transfer of an organizational unit under this paragraph shall include the transfer of the personnel of such organizational unit, the assets of such organizational unit, and the contracts of such organizational unit, to the extent provided in the memorandum of understanding governing the transfer of the unit.CommentsClose CommentsPermalink
`(E) This paragraph does not authorize a transfer of the multiple award schedule program of the General Services Administration as described in section 2302(2)(C) of this title.'.CommentsClose CommentsPermalink
SEC. 843. 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 2008 shall identify clearly and separately the amounts requested in each budget account for the procurement of contract services.CommentsClose CommentsPermalink
(b) 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. 844. DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND.
(a) Purpose- The purpose of this section 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
(b) Department of Defense Acquisition Workforce Development Fund-CommentsClose CommentsPermalink
(1) 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 for the recruitment, training, and retention of acquisition personnel of the Department of Defense for the purpose of this section.CommentsClose CommentsPermalink
(2) MANAGEMENT- The Fund shall be managed by a senior official of the Department of Defense designated by the Secretary for that purpose.CommentsClose CommentsPermalink
(c) 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 first 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) 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 this section, including for the provision of training and retention incentives to the acquisition workforce of the Department as of the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) 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 training to Department of Defense employees.CommentsClose CommentsPermalink
(3) 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 is an employee of the Department as of the date of the enactment of this Act.CommentsClose CommentsPermalink
(4) DURATION OF AVAILABILITY- Amounts credited to the Fund under subsection (c)(2) shall remain available for expenditure in the fiscal year for which credited and the two succeeding fiscal years.CommentsClose CommentsPermalink
(e) 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) A statement of the balance remaining in the Fund at the end of such fiscal year.CommentsClose CommentsPermalink
(f) Defense Agency Defined- In this section, the term `Defense Agency' has the meaning given that term in
(g) Expedited Hiring Authority-CommentsClose CommentsPermalink
(1) IN GENERAL- For purposes of sections 3304, 5333, and 5753 of title 5, United States Code, the Secretary of Defense may--CommentsClose CommentsPermalink
(A) designate any category of acquisition positions within the Department of Defense as shortage category positions; andCommentsClose CommentsPermalink
(B) utilize the authorities in such sections to recruit and appoint highly qualified persons directly to positions so designated.CommentsClose CommentsPermalink
(2) SUNSET- The Secretary may not appoint a person to a position of employment under this subsection after September 30, 2012.CommentsClose CommentsPermalink
SEC. 845. INVENTORIES AND REVIEWS OF CONTRACTS FOR SERVICES BASED ON COST OR TIME OF PERFORMANCE.
(a) Preparation of Lists of Activities Under Contracts for Services-CommentsClose CommentsPermalink
(1) PREPARATION OF LISTS- Not later than the end of the third quarter of each fiscal year beginning with fiscal year 2008, the Secretary of each military department and the head of each Defense Agency shall submit to the Secretary of Defense a list of the activities performed during the preceding fiscal year pursuant to contracts for services for or on behalf of such military department or Defense Agency, as the case may be, under which the contractor is paid on the basis of the cost or time of performance, rather than specific tasks performed or results achieved.CommentsClose CommentsPermalink
(2) LIST ELEMENTS- The entry for an activity on a list under paragraph (1) shall include, for the fiscal year covered by such entry, the following:CommentsClose CommentsPermalink
(A) The fiscal year for which the activity first appeared on a list under this section.CommentsClose CommentsPermalink
(B) The number of full-time contractor employees (or its equivalent) paid for the performance of the activity.CommentsClose CommentsPermalink
(C) A determination whether the contract pursuant to which the activity is performed is a personal services contract.CommentsClose CommentsPermalink
(D) The name of the Federal official responsible for the management of the contract pursuant to which the activity is performed.CommentsClose CommentsPermalink
(E) With respect to a list for a fiscal year after fiscal year 2008, information on plans and written determinations made pursuant to subsection (c)(2).CommentsClose CommentsPermalink
(b) Public Availability of Lists- Not later than 30 days after the date on which lists are required to be submitted to the Secretary of Defense under subsection (a), the Secretary shall--CommentsClose CommentsPermalink
(1) transmit to the congressional defense committees a copy of the lists so submitted to the Secretary;CommentsClose CommentsPermalink
(2) make such lists available to the public; andCommentsClose CommentsPermalink
(3) publish in the Federal Register a notice that such lists are available to the public.CommentsClose CommentsPermalink
(c) Review and Planning Requirements-CommentsClose CommentsPermalink
(1) REVIEW OF LISTS- Within a reasonable time after the date on which a notice of the public availability of a list is published under subsection (b)(3), the Secretary of the military department or head of the Defense Agency concerned shall--CommentsClose CommentsPermalink
(A) review the contracts and activities included on the list;CommentsClose CommentsPermalink
(B) ensure that--CommentsClose CommentsPermalink
(i) 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
(ii) the activities on the list do not include any inherently governmental functions; andCommentsClose CommentsPermalink
(iii) to the maximum extent practicable, the activities on the list do not include any functions closely associated with inherently governmental functions; andCommentsClose CommentsPermalink
(C) for each activity on the list, either--CommentsClose CommentsPermalink
(i) develop a plan to convert the activity to performance by Federal employees, convert the contract to a performance-based contract, or terminate the activity; orCommentsClose CommentsPermalink
(ii) make a written determination that it is not practicable for the military department or Defense Agency, as the case may be, to take any of the actions otherwise required under clause (i).CommentsClose CommentsPermalink
(2) ELEMENTS OF DETERMINATION- A written determination pursuant to subparagraph (B)(ii) shall be accompanied by--CommentsClose CommentsPermalink
(A) a statement of the basis for the determination; andCommentsClose CommentsPermalink
(B) a description of the resources that will be made available to ensure adequate planning, management, and oversight for each contract covered by the determination.CommentsClose CommentsPermalink
(d) Challenges to Lists-CommentsClose CommentsPermalink
(1) IN GENERAL- An interested party may submit to the Secretary of the military department or head of the Defense Agency concerned a challenge to the omission of a particular activity from, or the inclusion of a particular activity on, a list made available to the public under subsection (b).CommentsClose CommentsPermalink
(2) INTERESTED PARTY DEFINED- In this subsection, the term `interested party', with respect to an activity referred to in subsection (a), means--CommentsClose CommentsPermalink
(A) the contractor performing the activity;CommentsClose CommentsPermalink
(B) an officer or employee of an organization within the military department or Defense Agency concerned that is responsible for the performance of the activity; orCommentsClose CommentsPermalink
(C) the head of any labor organization referred to in
(3) DEADLINE FOR CHALLENGE- A challenge to a list shall be submitted under paragraph (1) not later than 30 days after the date of the publication of the notice of public availability of the list under subsection (b)(3).CommentsClose CommentsPermalink
(4) RESOLUTION OF CHALLENGE- Not later than 30 days of the receipt by the Secretary of a military department or head of a Defense Agency of a challenge to a list under this subsection, an official designated by the Secretary of the military department or the head of the Defense Agency, as the case may be, shall--CommentsClose CommentsPermalink
(A) determine whether or not the challenge is valid; andCommentsClose CommentsPermalink
(B) submit to the interested party concerned a written notification of the determination, together with a discussion of the rationale for the determination.CommentsClose CommentsPermalink
(5) ACTION FOLLOWING DETERMINATION OF VALID CHALLENGE- If the Secretary of a military department or head of a Defense Agency determines under paragraph (4)(A) that a challenge under this subsection to a list under this section is valid, such official shall--CommentsClose CommentsPermalink
(A) notify the Secretary of Defense of the determination; andCommentsClose CommentsPermalink
(B) adjust the next list submitted by such official under subsection (a) after the date of the determination to reflect the resolution of the challenge.CommentsClose CommentsPermalink
(e) Rules of Construction-CommentsClose CommentsPermalink
(1) NO AUTHORIZATION OF PERFORMANCE OF PERSONAL SERVICES- 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 statute other than this section.CommentsClose CommentsPermalink
(2) NO PUBLIC-PRIVATE COMPETITION FOR CONVERSION OF PERFORMANCE OF CERTAIN FUNCTIONS- No public-private competition may be required under this section, Office of Management and Budget Circular A-76, or any other provision of law or regulation before a function closely associated with inherently governmental functions is converted to performance by Federal employees.CommentsClose CommentsPermalink
(f) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term `Defense Agency' has the meaning given that term in
(2) The term `function closely associated with inherently governmental functions' has the meaning given that term in
(3) The term `inherently governmental functions' has the meaning given that term in
(4) 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
SEC. 846. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE DEPARTMENT OF DEFENSE BY CERTAIN NON-DEFENSE AGENCIES.
(a) Limitation on Procurements on Behalf of Department of Defense- Except as provided in subsection (b), no 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 an amount in excess of $100,000 through a non-defense agency in any fiscal year if--CommentsClose CommentsPermalink
(1) the head of the non-defense agency has not certified that the non-defense agency will comply with defense procurement requirements during that fiscal year;CommentsClose CommentsPermalink
(2) in the case of a covered non-defense agency that has been determined under this section to be not compliant with defense procurement requirements, such determination has not been terminated in accordance with subsection (c); orCommentsClose CommentsPermalink
(3) in the case of a covered non-defense agency for which a memorandum of understanding is required by subsection (e)(4), the Inspector General of the Department of Defense and the Inspector General of the non-defense agency have not yet entered into such a memorandum of understanding.CommentsClose CommentsPermalink
(b) Exception for Procurements of Necessary Property and Services-CommentsClose CommentsPermalink
(1) IN GENERAL- The limitation in subsection (a) 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
(2) SCOPE OF PARTICULAR EXCEPTION- A written determination with respect to a non-defense agency under paragraph (1) shall apply to any category of procurements through the non-defense agency that is specified in the determination.CommentsClose CommentsPermalink
(c) Termination of Applicability of Certain Limitation- In the event the limitation under subsection (a)(2) applies to a covered non-defense agency, the limitation shall cease to apply to the non-defense agency on the date on which the Inspector General of the Department of Defense and the Inspector General of the non-defense agency jointly--CommentsClose CommentsPermalink
(1) determine that the non-defense agency is compliant with defense procurement requirements; andCommentsClose CommentsPermalink
(2) notify the Secretary of Defense of that determination.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) 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 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 non-defense agency that are applicable to the procurement of property and services on behalf of the Department by such non-defense agency; andCommentsClose CommentsPermalink
(ii) the administration of such policies, procedures, and internal controls; andCommentsClose CommentsPermalink
(B) determine in writing whether such 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 governmentwide acquisition contracts, of the 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
(f) 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
(g) 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 subsection (c) or (e), a determination by the Inspector General of the Department of Defense under such subsection shall be conclusive for the purposes of this section.CommentsClose CommentsPermalink
(h) Definitions- In this section:CommentsClose CommentsPermalink
(1) 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
(2) The term `governmentwide acquisition contract', with respect to a covered non-defense agency, means a task or delivery order contract that--CommentsClose CommentsPermalink
(A) is entered into by the 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
Subtitle D--Department of Defense Contractor Matters
SEC. 861. 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 or an authorized official of an agency or the Department of Justice' 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, or an authorized official of an agency or the Department of Justice, including in the case of a disclosure made in the ordinary course of an employee's duties,'; andCommentsClose CommentsPermalink
(2) by striking `information relating to a substantial violation of law related to a contract' and inserting `information that the employee reasonably believes is evidence of gross mismanagement of a Department of Defense contract, 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'.CommentsClose CommentsPermalink
(b) Acceleration of Schedule for Denying Relief or Providing Remedy- Subsection (c) of such section is amended--CommentsClose CommentsPermalink
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by inserting after `(1)' the following: `Not later than 90 days after receiving an Inspector General report pursuant to subsection (b), the head of the agency concerned shall determine whether the contractor concerned has subjected the complainant to a reprisal prohibited under subsection (a).'; andCommentsClose CommentsPermalink
(B) by adding at the end the following new subparagraphs:CommentsClose CommentsPermalink
`(D) In the event the disclosure relates to a cost-plus contract, prohibit the contractor from receiving one or more award fee payments to which the contractor would otherwise be eligible until such time as the contractor takes the actions ordered by the head of the agency pursuant to subparagraphs (A) through (C).CommentsClose CommentsPermalink
`(E) Take the reprisal into consideration in any past performance evaluation of the contractor for the purpose of a contract award.';CommentsClose CommentsPermalink
(2) by redesignating paragraph (3) as paragraph (4); andCommentsClose CommentsPermalink
(3) by inserting after paragraph (2) the following new paragraph:CommentsClose CommentsPermalink
`(3)(A) In the case of a disclosure that relates to a contract covered under subsection (f), not later than 90 days after receipt of a written determination under paragraph (1), a complainant who is aggrieved by the determination or by an action that the agency head has taken or failed to take pursuant to such determination may bring an action at law or equity for de novo review 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
`(B) In the event that a determination by an agency head pursuant to paragraph (1) has not been made within 15 months after a complaint is submitted under subsection (b), and such delay is not shown to be due to the bad faith of the complainant, the complainant shall be deemed to have exhausted the complainant's administrative remedies with respect to the complaint and may bring an action at law or equity described under subparagraph (A).'.CommentsClose CommentsPermalink
(c) Legal Burden of Proof- Such section is further amended--CommentsClose CommentsPermalink
(1) by redesignating subsection (e) as subsection (g); andCommentsClose CommentsPermalink
(2) by inserting after subsection (d) the following new subsection:CommentsClose CommentsPermalink
`(e) Legal Burden of Proof- The legal burdens of proof specified in section 1221(e) of title 5 shall be controlling for the purposes of any investigation conducted by an inspector general, decision by the head of an agency, or hearing to determine whether discrimination prohibited under this section has occurred.'.CommentsClose CommentsPermalink
(d) Requirement To Notify Employees of Rights Related to Protection From Reprisal- Such section, as amended by subsection (c), is further amended by inserting after subsection (e) the following new subsection:CommentsClose CommentsPermalink
`(f) Notice of Rights Related to Protection From Reprisal-CommentsClose CommentsPermalink
`(1) IN GENERAL- Each Department of Defense contract in excess of $5,000,000, other than a contract for the purchase of commercial items, shall include a clause requiring the contractor to ensure that all employees of the contractor who are working on Department of Defense contracts are notified of--CommentsClose CommentsPermalink
`(A) their rights under this section;CommentsClose CommentsPermalink
`(B) the fact that the restrictions imposed by any employee contract, employee agreement, or non-disclosure agreement may not supersede, conflict with, or otherwise alter the employee rights provided for under this section; andCommentsClose CommentsPermalink
`(C) the telephone number for the whistleblower hotline of the Inspector General of the Department of Defense.CommentsClose CommentsPermalink
`(2) FORM OF NOTICE- The notice required by paragraph (1) shall be made by posting the required information at a prominent place in each workplace where employees working on the contract regularly work.'.CommentsClose CommentsPermalink
SEC. 862. REQUIREMENTS FOR DEFENSE CONTRACTORS RELATING TO CERTAIN FORMER DEPARTMENT OF DEFENSE OFFICIALS.
(a) Requirements-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 141 of title 10, United States Code, as amended by section 826 of this Act, is further amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 2410r. Defense contractors: requirements concerning former Department of Defense officials
`(a) In General- Each contract for the procurement of goods or services in excess of $10,000,000, other than a contract for the procurement of commercial items, that is entered into by the Department of Defense shall include a provision under which the contractor agrees to submit to the Secretary of Defense, not later than April 1 of each year such contract is in effect, a written report setting forth the information required by subsection (b).CommentsClose CommentsPermalink
`(b) Report Information- Except as provided in subsection (c), a report by a contractor under subsection (a) shall--CommentsClose CommentsPermalink
`(1) list the name of each person who--CommentsClose CommentsPermalink
`(A) is a former officer or employee of the Department of Defense or a former or retired member of the armed forces who served--CommentsClose CommentsPermalink
`(i) in an Executive Schedule position under subchapter II of chapter 53 of title 5;CommentsClose CommentsPermalink
`(ii) in a position in the Senior Executive Service under subchapter VIII of chapter 53 of title 5;CommentsClose CommentsPermalink
`(iii) in a general or flag officer position compensated at a rate of pay for grade 0-7 or above under section 201 of title 37; orCommentsClose CommentsPermalink
`(iv) 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 with a value in excess of $10,000,000; andCommentsClose CommentsPermalink
`(B) during the preceding calendar year was provided compensation by the contractor, if such compensation was first provided by the contractor not more than two years after such officer, employee, or member left service in the Department of Defense; andCommentsClose CommentsPermalink
`(2) in the case of each person listed under paragraph (1)--CommentsClose CommentsPermalink
`(A) identify the agency in which such person was employed or served on active duty during the last two years of such person's service with the Department of Defense;CommentsClose CommentsPermalink
`(B) state such person's job title and identify each major defense system, if any, on which such person performed any work with the Department of Defense during the last two years of such person's service with the Department; andCommentsClose CommentsPermalink
`(C) state such person's current job title with the contractor and identify each major defense system on which such person has performed any work on behalf of the contractor.CommentsClose CommentsPermalink
`(c) Duplicate Information Not Required- An annual report submitted by a contractor pursuant to subsection (b) need not provide information with respect to any former officer or employee of the Department of Defense or former or retired member of the armed forces if such information has already been provided in a previous annual report filed by such contractor under this section.'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 141 of such title, as so amended, is further amended by adding at the end the following new item:CommentsClose CommentsPermalink
`2410r. Defense contractors: requirements concerning former Department of Defense officials.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to contracts entered into on or after that date.CommentsClose CommentsPermalink
SEC. 863. 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 received more than $500,000,000 in contract awards from the Department of Defense during fiscal year 2006.CommentsClose CommentsPermalink
SEC. 864. REPORT ON DEPARTMENT OF DEFENSE CONTRACTING WITH CONTRACTORS OR SUBCONTRACTORS EMPLOYING MEMBERS OF THE SELECTED RESERVE.
(a) Study Required- The Secretary of Defense shall conduct a study on contracting with the Department of Defense by actual and potential contractors and subcontractors of the Department who employ members of the Selected Reserve of the reserve components of the Armed Forces.CommentsClose CommentsPermalink
(b) Elements- The study required by subsection (a) shall address the following:CommentsClose CommentsPermalink
(1) The extent to which actual and potential contractors and subcontractors of the Department, including small businesses, employ members of the Selected Reserve.CommentsClose CommentsPermalink
(2) The extent to which actual and potential contractors and subcontractors of the Department have been or are likely to be disadvantaged in the performance of contracts with the Department, or in competition for new contracts with the Department, when employees who are such members are mobilized as part of a United States military operation overseas.CommentsClose CommentsPermalink
(3) Any actions that, in the view of the Secretary, should be taken to address any such disadvantage, including--CommentsClose CommentsPermalink
(A) the extension of additional time for the performance of contracts to contractors and subcontractors of the Department who employ members of the Selected Reserve who are mobilized as part of a United States military operation overseas; andCommentsClose CommentsPermalink
(B) the provision of assistance in forming contracting relationships with other entities to ameliorate the temporary loss of qualified personnel.CommentsClose CommentsPermalink
(c) Report- Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study required by this section. The report shall set forth the findings and recommendations of the Secretary as a result of the study.CommentsClose CommentsPermalink
(d) Repeal of Superseded Authority- Section 819 of the National Defense Authorization Act for Fiscal Year 2006 (
Subtitle E--Other Matters
SEC. 871. 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 shall prescribe regulations on the selection, training, equipping, and conduct of personnel performing private security functions under a covered contract or covered subcontract 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, and accounting for 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 reporting of all incidents in which--CommentsClose CommentsPermalink
(i) a weapon is discharged by personnel performing private security functions in an area of combat operations; orCommentsClose CommentsPermalink
(ii) personnel performing private security functions in an area of combat operations are killed or injured;CommentsClose CommentsPermalink
(D) a process for investigating--CommentsClose CommentsPermalink
(i) incidents reported pursuant to subparagraph (C); andCommentsClose CommentsPermalink
(ii) incidents of alleged misconduct by personnel performing private security functions in an area of combat operations;CommentsClose CommentsPermalink
(E) qualification, training, screening, and security requirements for personnel performing private security functions in an area of combat operations;CommentsClose CommentsPermalink
(F) guidance to the commanders of the combatant commands on the issuance of--CommentsClose CommentsPermalink
(i) orders, directives, and instructions to contractors and subcontractors performing private security functions relating to force protection, security, health, safety, or relations and interaction with locals; andCommentsClose CommentsPermalink
(ii) rules of engagement for personnel performing private security functions in an area of combat operations; andCommentsClose CommentsPermalink
(G) a process by which a commander of a combatant command may request an action described in subsection (b)(3).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 or subcontractor concerned shall--CommentsClose CommentsPermalink
(A) comply with Department of Defense procedures for--CommentsClose CommentsPermalink
(i) registering, processing, and accounting for 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; andCommentsClose CommentsPermalink
(iii) 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; orCommentsClose CommentsPermalink
(II) personnel performing private security functions in an area of combat operations are killed or injured;CommentsClose CommentsPermalink
(B) ensure that all personnel performing private security functions under such contract or subcontract comply with--CommentsClose CommentsPermalink
(i) qualification, training, screening, 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 or subcontractor;CommentsClose CommentsPermalink
(iii) orders, directives, and instructions issued by the applicable commander of a combatant command relating to force protection, security, health, safety, or relations and interaction with locals; andCommentsClose CommentsPermalink
(iv) rules of engagement 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)(D) by providing access to employees of the contractor or subcontractor, as the case may be, and relevant information in the possession of the contractor or subcontractor, as the case may be, regarding the incident concerned.CommentsClose CommentsPermalink
(3) NONCOMPLIANCE OF PERSONNEL WITH CLAUSE- The contracting officer for a covered contract or subcontract may direct the contractor or subcontractor, 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 significant or repeated, the contract or subcontract may be terminated for default.CommentsClose CommentsPermalink
(4) APPLICABILITY- The contract clause required by this subsection shall be included in all covered contracts and covered subcontracts 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 and covered subcontracts awarded before such date.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) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term `covered contract' means 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).CommentsClose CommentsPermalink
(2) The term `covered subcontract' means a subcontract for the performance of private security functions at any tier under a covered contract.CommentsClose CommentsPermalink
(3) The term `private security functions' means activities engaged in by a contractor or subcontractor under a covered contract or subcontract 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
SEC. 872. 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. 873. 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; andCommentsClose CommentsPermalink
(G) the information officers of 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 the Clinger-Cohen Act (division E of
(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 performance metrics currently 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
(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. 874. ENHANCEMENT AND EXTENSION OF ACQUISITION AUTHORITY FOR THE UNIFIED COMBATANT COMMAND FOR JOINT WARFIGHTING EXPERIMENTATION.
(a) Sustainment of Equipment-CommentsClose CommentsPermalink
(1) IN GENERAL- Subsection (a) of
(2) CONFORMING AMENDMENT- Subsection (d) of such section is amended in the matter preceding paragraph (1) by striking `or acquisition' and inserting `, acquisition, or sustainment'.CommentsClose CommentsPermalink
(b) Two-Year Extension- Subsection (f) of such section 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. 875. REPEAL OF REQUIREMENT FOR IDENTIFICATION OF ESSENTIAL MILITARY ITEMS AND MILITARY SYSTEM ESSENTIAL ITEM BREAKOUT LIST.
Section 813 of the National Defense Authorization Act for Fiscal Year 2004 (
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.
(a) Repeal-
(b) 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
SEC. 902. CHIEF MANAGEMENT OFFICERS OF THE DEPARTMENT OF DEFENSE.
(a) Service of Deputy Secretary of Defense as Chief Management Officer of Department of Defense-
(1) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink
(2) by inserting after subsection (b) the following new subsection (c):CommentsClose CommentsPermalink
`(c)(1) The Deputy Secretary--CommentsClose CommentsPermalink
`(A) serves as the Chief Management Officer of the Department of Defense; andCommentsClose CommentsPermalink
`(B) is the principal adviser to the Secretary of Defense on matters relating to the management of the Department of Defense, including the development, approval, implementation, integration, and oversight of policies, procedures, processes, and systems for the management of the Department of Defense that relate to the performance of the following functions:CommentsClose CommentsPermalink
`(i) Planning and budgeting, including performance measurement.CommentsClose CommentsPermalink
`(ii) Acquisition.CommentsClose CommentsPermalink
`(iii) Logistics.CommentsClose CommentsPermalink
`(iv) Facilities, installations, and environment.CommentsClose CommentsPermalink
`(v) Financial management.CommentsClose CommentsPermalink
`(vi) Human resources and personnel.CommentsClose CommentsPermalink
`(vii) Management of information resources, including information technology, networks, and telecommunications functions.CommentsClose CommentsPermalink
`(2) In carrying out the duties of Chief Management Officer of the Department of Defense, the Deputy Secretary shall--CommentsClose CommentsPermalink
`(A) develop and maintain a departmentwide strategic plan for business reform identifying key initiatives to be undertaken by the Department of Defense and its components, together with related resource needs;CommentsClose CommentsPermalink
`(B) establish performance goals and measures for improving and evaluating the overall economy, efficiency, and effectiveness of the business operations of the Department of Defense;CommentsClose CommentsPermalink
`(C) monitor the progress of the Department of Defense and its components in meeting performance goals and measures established pursuant to subparagraph (B);CommentsClose CommentsPermalink
`(D) review and approve plans and budgets for business reform, including any proposed changes to policies, procedures, processes, and systems, to ensure the compatibility of such plans and budgets with the strategic plan for business reform established pursuant to subparagraph (A);CommentsClose CommentsPermalink
`(E) oversee the development of, and review and approve, all budget requests for defense business systems, including the information to be submitted to Congress under section 2222(h) of this title; andCommentsClose CommentsPermalink
`(F) subject to the authority, direction, and control of the Secretary of Defense, perform the responsibilities of the Secretary under section 2222 of this title.CommentsClose CommentsPermalink
`(3) The Deputy Secretary exercises the authority of the Secretary of Defense in the performance of the duties of Chief Management Officer of the Department of Defense under this subsection subject to the authority, direction, and control of the Secretary. The exercise of that authority is binding on the Secretaries of the military departments and the heads of the other elements and components of the Department of Defense.'.CommentsClose CommentsPermalink
(b) Deputy Chief Management Officer-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 4 of such title is amended by inserting after section 133b the following new section:CommentsClose CommentsPermalink
`Sec. 133c. Under Secretary of Defense for Management (Deputy Chief Management Officer)
`(a) There is an Under Secretary of Defense for Management (Deputy Chief Management Officer), appointed from civilian life by the President, by and with the advice and consent of the Senate, from among persons who have--CommentsClose CommentsPermalink
`(1) extensive executive level leadership and management experience in the public or private sector;CommentsClose CommentsPermalink
`(2) strong leadership skills;CommentsClose CommentsPermalink
`(3) a demonstrated ability to manage large and complex organizations; andCommentsClose CommentsPermalink
`(4) a record of achieving positive operational results.CommentsClose CommentsPermalink
`(b) The Under Secretary of Defense for Management (Deputy Chief Management Officer) shall assist the Deputy Secretary of Defense in the performance of his duties as Chief Management Officer. The Under Secretary of Defense for Management (Deputy Chief Management Officer) shall act for, and exercise the powers of, the Chief Management Officer when the Deputy Secretary is absent or disabled or there is no Deputy Secretary.CommentsClose CommentsPermalink
`(c)(1) With respect to all matters for which he has responsibility by law or by direction of the Secretary of Defense, the Under Secretary of Defense for Management (Deputy Chief Management Officer) takes precedence in the Department of Defense after the Secretary of Defense and the Deputy Secretary of Defense.CommentsClose CommentsPermalink
`(2) With respect to all matters other than matters for which he has responsibility by law or by direction of the Secretary of Defense, the Under Secretary takes precedence in the Department of Defense after the Secretaries of the military departments and the Under Secretary of Defense for Acquisition, Technology, and Logistics.'.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 133b the following new item:CommentsClose CommentsPermalink
`133c. Under Secretary of Defense for Management (Deputy Chief Management Officer).'.CommentsClose CommentsPermalink
(3) EXECUTIVE SCHEDULE LEVEL III-
`Under Secretary of Defense for Management (Deputy Chief Management Officer).'.CommentsClose CommentsPermalink
(4) PLACEMENT IN OSD-
(A) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; andCommentsClose CommentsPermalink
(B) by inserting after subparagraph (A) the following new subparagraph (B):CommentsClose CommentsPermalink
`(B) The Under Secretary of Defense for Management (Deputy Chief Management Officer).'.CommentsClose CommentsPermalink
(5) CONFORMING AMENDMENT- Section 134(c) of such title is amended by striking `the Secretary of Defense' and all that follows and inserting `the Under Secretary of Defense for Management (Deputy Chief Management Officer).'.CommentsClose CommentsPermalink
(c) Chief Management Officers of the Military Departments-CommentsClose CommentsPermalink
(1) DEPARTMENT OF THE ARMY-
`(c)(1) The Under Secretary serves as the Chief Management Officer of the Department of the Army.CommentsClose CommentsPermalink
`(2) The Under Secretary is the principal adviser to the Secretary of the Army on matters relating to the management of the Department of the Army, including the development, approval, implementation, integration, and oversight of policies, procedures, processes, and systems for the management of the Department of the Army that relate to the performance of the following functions:CommentsClose CommentsPermalink
`(A) Planning and budgeting, including performance measurement.CommentsClose CommentsPermalink
`(B) Acquisition.CommentsClose CommentsPermalink
`(C) Logistics.CommentsClose CommentsPermalink
`(D) Facilities, installations, and environment.CommentsClose CommentsPermalink
`(E) Financial management.CommentsClose CommentsPermalink
`(F) Human resources and personnel.CommentsClose CommentsPermalink
`(G) Management of information resources, including information technology, networks, and telecommunications functions.CommentsClose CommentsPermalink
`(3) Subject to the direction and oversight of the Chief Management Officer and Deputy Chief Management Officer of the Department of Defense, the Under Secretary shall be responsible for--CommentsClose CommentsPermalink
`(A) developing and maintaining a strategic plan for business reform that identifies key initiatives to be undertaken by the Department of the Army for business reform, together with related resource needs;CommentsClose CommentsPermalink
`(B) establishing performance goals and measures for improving and evaluating the overall economy, efficiency, and effectiveness of the business operations of the Department of the Army;CommentsClose CommentsPermalink
`(C) monitoring the progress of the Department of the Army and its components in meeting the performance goals and measures established pursuant to subparagraph (B);CommentsClose CommentsPermalink
`(D) reviewing and approving the plans and budgets of the Department of the Army for business reform, including any proposed changes to policies, procedures, processes, and systems, to ensure the compatibility of such plans and budgets with the strategic plan for business reform established pursuant to subparagraph (A); andCommentsClose CommentsPermalink
`(E) overseeing the development of, and reviewing and approving, all budget requests for defense business systems by the Department of the Army, including the information to be submitted to Congress under section 2222(h) of this title.'.CommentsClose CommentsPermalink
(2) DEPARTMENT OF THE NAVY- Section 5015 of such title is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(c)(1) The Under Secretary serves as the Chief Management Officer of the Department of the Navy.CommentsClose CommentsPermalink
`(2) The Under Secretary is the principal adviser to the Secretary of the Navy on matters relating to the management of the Department of the Navy, including the development, approval, implementation, integration, and oversight of policies, procedures, processes, and systems for the management of the Department of the Navy that relate to the performance of the following functions:CommentsClose CommentsPermalink
`(A) Planning and budgeting, including performance measurement.CommentsClose CommentsPermalink
`(B) Acquisition.CommentsClose CommentsPermalink
`(C) Logistics.CommentsClose CommentsPermalink
`(D) Facilities, installations, and environment.CommentsClose CommentsPermalink
`(E) Financial management.CommentsClose CommentsPermalink
`(F) Human resources and personnel.CommentsClose CommentsPermalink
`(G) Management of information resources, including information technology, networks, and telecommunications functions.CommentsClose CommentsPermalink
`(3) Subject to the direction and oversight of the Chief Management Officer and Deputy Chief Management Officer of the Department of Defense, the Under Secretary shall be responsible for--CommentsClose CommentsPermalink
`(A) developing and maintaining a strategic plan for business reform that identifies key initiatives to be undertaken by the Department of the Navy for business reform, together with related resource needs;CommentsClose CommentsPermalink
`(B) establishing performance goals and measures for improving and evaluating the overall economy, efficiency, and effectiveness of the business operations of the Department of the Navy;CommentsClose CommentsPermalink
`(C) monitoring the progress of the Department of the Navy and its components in meeting the performance goals and measures established pursuant to subparagraph (B);CommentsClose CommentsPermalink
`(D) reviewing and approving the plans and budgets of the Department of the Navy for business reform, including any proposed changes to policies, procedures, processes, and systems, to ensure the compatibility of such plans and budgets with the strategic plan for business reform established pursuant to subparagraph (A); andCommentsClose CommentsPermalink
`(E) overseeing the development of, and reviewing and approving, all budget requests for defense business systems by the Department of the Navy, including the information to be submitted to Congress under section 2222(h) of this title.'.CommentsClose CommentsPermalink
(3) DEPARTMENT OF THE AIR FORCE- Section 8015 of such title is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(c)(1) The Under Secretary serves as the Chief Management Officer of the Department of the Air Force.CommentsClose CommentsPermalink
`(2) The Under Secretary is the principal adviser to the Secretary of the Air Force on matters relating to the management of the Department of the Air Force, including the development, approval, implementation, integration, and oversight of policies, procedures, processes, and systems for the management of the Department of the Air Force that relate to the performance of the following functions:CommentsClose CommentsPermalink
`(A) Planning and budgeting, including performance measurement.CommentsClose CommentsPermalink
`(B) Acquisition.CommentsClose CommentsPermalink
`(C) Logistics.CommentsClose CommentsPermalink
`(D) Facilities, installations, and environment.CommentsClose CommentsPermalink
`(E) Financial management.CommentsClose CommentsPermalink
`(F) Human resources and personnel.CommentsClose CommentsPermalink
`(G) Management of information resources, including information technology, networks, and telecommunications functions.CommentsClose CommentsPermalink
`(3) Subject to the direction and oversight of the Chief Management Officer and Deputy Chief Management Officer of the Department of Defense, the Under Secretary shall be responsible for--CommentsClose CommentsPermalink
`(A) developing and maintaining a strategic plan for business reform that identifies key initiatives to be undertaken by the Department of the Air Force for business reform, together with related resource needs;CommentsClose CommentsPermalink
`(B) establishing performance goals and measures for improving and evaluating the overall economy, efficiency, and effectiveness of the business operations of the Department of the Air Force;CommentsClose CommentsPermalink
`(C) monitoring the progress of the Department of the Air Force and its components in meeting the performance goals and measures established pursuant to subparagraph (B);CommentsClose CommentsPermalink
`(D) reviewing and approving the plans and budgets of the Department of the Air Force for business reform, including any proposed changes to policies, procedures, processes, and systems, to ensure the compatibility of such plans and budgets with the strategic plan for business reform established pursuant to subparagraph (A); andCommentsClose CommentsPermalink
`(E) overseeing the development of, and reviewing and approving, all budget requests for defense business systems by the Department of the Air Force, including the information to be submitted to Congress under section 2222(h) of this title.'.CommentsClose CommentsPermalink
(d) Matters Relating to Financial Management Modernization Executive Committee-
(1) in paragraph (2)--CommentsClose CommentsPermalink
(A) by redesignating subparagraphs (A) through (E) as subparagraphs (C) though (G), respectively; andCommentsClose CommentsPermalink
(B) by inserting before subparagraph (C), as redesignated by subparagraph (A) of this paragraph, the following new subparagraphs:CommentsClose CommentsPermalink
`(A) The Deputy Secretary of Defense, who shall be the chairman of the committee.CommentsClose CommentsPermalink
`(B) The Under Secretary of Defense for Management (Deputy Chief Management Officer), who shall act as the chairman of the committee in the absence of the Deputy Secretary of Defense.'; andCommentsClose CommentsPermalink
(C) in subparagraph (C), as so redesignated, by striking `, who shall be the chairman of the committee'; andCommentsClose CommentsPermalink
(2) in paragraph (3), by inserting `the Under Secretary of Defense for Management (Deputy Chief Management Officer),' after `the Deputy Secretary of Defense,'.CommentsClose CommentsPermalink
(e) Matters Relating to Defense Business System Management Committee- Section 186 of such title is amended--CommentsClose CommentsPermalink
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; andCommentsClose CommentsPermalink
(B) by inserting after paragraph (1) the following new paragraph (2):CommentsClose CommentsPermalink
`(2) The Under Secretary of Defense for Management (Deputy Chief Management Officer).'; andCommentsClose CommentsPermalink
(2) in subsection (b), by striking the second sentence and inserting the following new sentence: `The Under Secretary of Defense for Management (Deputy Chief Management Officer) shall serve as the vice chairman of the committee, and shall act as the chairman of the committee in the absence of the Deputy Secretary of Defense.'.CommentsClose CommentsPermalink
(f) Management of Defense Business Transformation Agency- Section 192(e)(2) of such title is amended by striking `that the Agency' and all that follows and inserting `that the Director of the Agency shall report directly to the Under Secretary of Defense for Management (Deputy Chief Management Officer).'.CommentsClose CommentsPermalink
SEC. 903. MODIFICATION OF BACKGROUND REQUIREMENT OF INDIVIDUALS APPOINTED AS UNDER SECRETARY OF DEFENSE FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS.
SEC. 904. 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
`(d) Records- The Secretary of Defense shall ensure that the Board has access to such records regarding the funds referred to in subsection (c) as the Board shall require to determine the actuarial status of such funds.CommentsClose CommentsPermalink
`(e) Reports- (1) The Board shall submit to the Secretary of Defense on an annual basis a report on the actuarial status of each of the following:CommentsClose CommentsPermalink
`(A) The Department of Defense Military Retirement Fund.CommentsClose CommentsPermalink
`(B) The Department of Defense Education Benefits Fund.CommentsClose CommentsPermalink
`(C) Each other fund specified by Secretary under subsection (c)(3).CommentsClose CommentsPermalink
`(2) The Board shall also furnish its advice and opinion on matters referred to it by the Secretary.'.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 182 the following new item:CommentsClose CommentsPermalink
`183. Department of Defense Board of Actuaries.'.CommentsClose CommentsPermalink
(3) INITIAL SERVICE AS BOARD MEMBERS- Each member of the Department of Defense Retirement Board of Actuaries or the Department of Defense Education Benefits Board of Actuaries as of the date of the enactment of this Act shall serve as an initial member of the Department of Defense Board of Actuaries under
(b) Termination of Existing Boards of Actuaries-CommentsClose CommentsPermalink
(1) DEPARTMENT OF DEFENSE RETIREMENT BOARD OF ACTUARIES- (A)
(B) The table of sections at the beginning of chapter 74 of such title is amended by striking the item relating to section 1464.CommentsClose CommentsPermalink
(2) DEPARTMENT OF DEFENSE EDUCATION BENEFITS BOARD OF ACTUARIES- Section 2006 of such title is amended--CommentsClose CommentsPermalink
(A) in subsection (c)(1), by striking `subsection (g)' and inserting `subsection (f)';CommentsClose CommentsPermalink
(B) by striking subsection (e);CommentsClose CommentsPermalink
(C) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively;CommentsClose CommentsPermalink
(D) in subsection (e), as redesignated by subparagraph (C), by striking `subsection (g)' in paragraph (5) and inserting `subsection (f)'; andCommentsClose CommentsPermalink
(E) in subsection (f), as so redesignated--CommentsClose CommentsPermalink
(i) in paragraph (2)(A), by striking `subsection (f)(3)' and inserting `subsection (e)(3)'; andCommentsClose CommentsPermalink
(ii) in paragraph (2)(B), by striking `subsection (f)(4)' and inserting `subsection (e)(4)'.CommentsClose CommentsPermalink
(c) Conforming Amendments-CommentsClose CommentsPermalink
(1)
(2) Section 1460(b) of such title is amended by striking `Retirement'.CommentsClose CommentsPermalink
(3) Section 1466(c)(3) of such title is amended by striking `Retirement'.CommentsClose CommentsPermalink
(4) Section 12521(6) of such title is amended by striking `Department of Defense Education Benefits Board of Actuaries referred to in section 2006(e)(1) of this title' and inserting `Department of Defense Board of Actuaries under section 183 of this title'.CommentsClose CommentsPermalink
SEC. 905. ASSISTANT SECRETARIES OF THE MILITARY DEPARTMENTS FOR ACQUISITION MATTERS; PRINCIPAL MILITARY DEPUTIES.
(a) Department of the Army-
`(5)(A) One of the Assistant Secretaries shall be the Assistant Secretary of the Army for Acquisition, Technology, and Logistics. The principal duty of the Assistant Secretary shall be the overall supervision of acquisition, technology, and logistics matters of the Department of the Army.CommentsClose CommentsPermalink
`(B) The Assistant Secretary shall have a Principal Deputy, who shall be a lieutenant general of the Army on active duty. The Principal Deputy shall be appointed from among officers who have significant experience in the areas of acquisition and program management.'.CommentsClose CommentsPermalink
(b) Department of the Navy- Section 5016(b) of such title is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(4)(A) One of the Assistant Secretaries shall be the Assistant Secretary of the Navy for Research, Development, and Acquisition. The principal duty of the Assistant Secretary shall be the overall supervision of research, development, and acquisition matters of the Department of the Navy.CommentsClose CommentsPermalink
`(B) The Assistant Secretary shall have a Principal Deputy, who shall be a vice admiral of the Navy or a lieutenant general of the Marine Corps on active duty. The Principal Deputy shall be appointed from among officers who have significant experience in the areas of acquisition and program management.'.CommentsClose CommentsPermalink
(c) Department of the Air Force- Section 8016(b) of such title is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(4)(A) One of the Assistant Secretaries shall be the Assistant Secretary of the Air Force for Acquisition. The principal duty of the Assistant Secretary shall be the overall supervision of acquisition matters of the Department of the Air Force.CommentsClose CommentsPermalink
`(B) The Assistant Secretary shall have a Principal Deputy, who shall be a lieutenant general of the Air Force on active duty. The Principal Deputy shall be appointed from among officers who have significant experience in the areas of acquisition and program management.'.CommentsClose CommentsPermalink
(d) Duty of Principal Military Deputies To Inform Service Chiefs on Major Defense Acquisition Programs- Each Principal Deputy to a service acquisition executive shall be responsible for keeping the Chief of Staff of the Armed Force concerned informed of the progress of major defense acquisition programs.CommentsClose CommentsPermalink
(e) Exclusion of Principal Military Deputies From Distribution and Strength in Grade Limitations-CommentsClose CommentsPermalink
(1) DISTRIBUTION- Section 525(b) of such title is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(9)(A) An officer while serving in a position specified in subparagraph (B) is in addition to the number that would otherwise be permitted for that officer's armed force for the grade of lieutenant general or vice admiral, as applicable.CommentsClose CommentsPermalink
`(B) A position specified in this subparagraph is each position as follows:CommentsClose CommentsPermalink
`(i) Principal Deputy to the Assistant Secretary of the Army for Acquisition, Logistics, and Technology.CommentsClose CommentsPermalink
`(ii) Principal Deputy to the Assistant Secretary of the Navy for Research, Development, and Acquisition.CommentsClose CommentsPermalink
`(iii) Principal Deputy to the Assistant Secretary of the Air Force for Acquisition.'.CommentsClose CommentsPermalink
(2) AUTHORIZED STRENGTH- Section 526 of such title is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(g) Exclusion of Principal Deputies to Assistant Secretaries of the Military Departments for Acquisition Matters- The limitations of this section do not apply to a general or flag officer who is covered by the exclusion under section 525(b)(9) of this title.'.CommentsClose CommentsPermalink
SEC. 906. FLEXIBLE AUTHORITY FOR NUMBER OF ARMY DEPUTY CHIEFS OF STAFF AND ASSISTANT CHIEFS OF STAFF.
Subsection (b) of
`(b) The Secretary of the Army shall prescribe the number of Deputy Chiefs of Staff and Assistant Chiefs of Staff. The aggregate number of such positions may not exceed eight positions.'.CommentsClose CommentsPermalink
SEC. 907. SENSE OF CONGRESS ON TERM OF OFFICE OF THE DIRECTOR OF OPERATIONAL TEST AND EVALUATION.
It is the sense of Congress that the term of office of the Director of Operational Test and Evaluation of the Department of Defense should be not less than five years.CommentsClose CommentsPermalink
Subtitle B--Space Matters
SEC. 921. SPACE POSTURE REVIEW.
(a) Requirement for Comprehensive Review- In order to clarify the national security space policy and strategy of the United States for the near term, the Secretary of Defense and the Director of National Intelligence shall jointly conduct a comprehensive review of the space posture of the United States over the posture review period.CommentsClose CommentsPermalink
(b) Elements of Review- The review conducted under subsection (a) shall include, for the posture review period, the following:CommentsClose CommentsPermalink
(1) The definition, policy, requirements, and objectives for each of the following:CommentsClose CommentsPermalink
(A) Space situational awareness.CommentsClose CommentsPermalink
(B) Space control.CommentsClose CommentsPermalink
(C) Space superiority, including defensive and offensive counterspace.CommentsClose CommentsPermalink
(D) Force enhancement and force application.CommentsClose CommentsPermalink
(E) Space-based intelligence and surveillance and reconnaissance from space.CommentsClose CommentsPermalink
(F) Any other matter the Secretary considers relevant to understanding the space posture of the United States.CommentsClose CommentsPermalink
(2) A description of current and planned space acquisition programs that are in acquisition categories 1 and 2, including how each such program will address the policy, requirements, and objectives described under each of subparagraphs (A) through (F) of paragraph (1).CommentsClose CommentsPermalink
(3) A description of future space systems and technology development (other than such systems and technology in development as of the date of the enactment of this Act) necessary to address the policy, requirements, and objectives described under each of subparagraphs (A) through (F) of paragraph (1).CommentsClose CommentsPermalink
(4) An assessment of the relationship among the following:CommentsClose CommentsPermalink
(A) United States military space policy.CommentsClose CommentsPermalink
(B) National security space policy.CommentsClose CommentsPermalink
(C) National security space objectives.CommentsClose CommentsPermalink
(D) Arms control policy.CommentsClose CommentsPermalink
(5) An assessment of the effect of the military and national security space policy of the United States on the proliferation of weapons capable of targeting objects in space or objects on Earth from space.CommentsClose CommentsPermalink
(c) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than December 1, 2009, the Secretary of Defense and the Director of National Intelligence shall jointly submit to the congressional committees specified in paragraph (3) a report on the review conducted under subsection (a).CommentsClose CommentsPermalink
(2) FORM OF REPORT- The report under this subsection shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
(3) COMMITTEES- The congressional committees specified in this paragraph are--CommentsClose CommentsPermalink
(A) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; andCommentsClose CommentsPermalink
(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.CommentsClose CommentsPermalink
(d) Posture Review Period Defined- In this section, the term `posture review period' means the 10-year period beginning on February 1, 2009.CommentsClose CommentsPermalink
SEC. 922. ADDITIONAL REPORT ON OVERSIGHT OF ACQUISITION FOR DEFENSE SPACE PROGRAMS.
Section 911(b)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (
Subtitle C--Other Matters
SEC. 931. DEPARTMENT OF DEFENSE CONSIDERATION OF EFFECT OF CLIMATE CHANGE ON DEPARTMENT FACILITIES, CAPABILITIES, AND MISSIONS.
`(g) Consideration of Effect of Climate Change on Department Facilities, Capabilities, and Missions- (1) The first national security strategy and national defense strategy prepared after the date of the enactment of this subsection shall include guidance for military planners--CommentsClose CommentsPermalink
`(A) to assess the risks of projected climate change to current and future missions of the armed forces;CommentsClose CommentsPermalink
`(B) to update defense plans based on these assessments, including working with allies and partners to incorporate climate mitigation strategies, capacity building, and relevant research and development; andCommentsClose CommentsPermalink
`(C) to develop the capabilities needed to reduce future impacts.CommentsClose CommentsPermalink
`(2) The first quadrennial defense review prepared after the date of the enactment of this subsection shall also examine the capabilities of the armed forces to respond to the consequences of climate change, in particular, preparedness for natural disasters from extreme weather events and other missions the armed forces may be asked to support inside the United States and overseas.CommentsClose CommentsPermalink
`(3) For planning purposes to comply with the requirements of this subsection, the Secretary of Defense shall use--CommentsClose CommentsPermalink
`(A) the mid-range projections of the fourth assessment report of the Intergovernmental Panel on Climate Change;CommentsClose CommentsPermalink
`(B) subsequent mid-range consensus climate projections if more recent information is available when the next national security strategy, national defense strategy, or quadrennial defense review, as the case may be, is conducted; andCommentsClose CommentsPermalink
`(C) findings of appropriate and available estimations or studies of the anticipated strategic, social, political, and economic effects of global climate change and the implications of such effects on the national security of the United States.CommentsClose CommentsPermalink
`(4) The Secretary shall ensure that this subsection is implemented in a manner that does not have a negative impact on national security.CommentsClose CommentsPermalink
`(5) In this subsection, the term `national security strategy' means the annual national security strategy report of the President under section 108 of the National Security Act of 1947 (
SEC. 932. BOARD OF REGENTS FOR THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES.
(a) Appointments-CommentsClose CommentsPermalink
(1) IN GENERAL-
(A) in subsection (a)(1), by striking `by the President, by and with the advice and consent of the Senate' and inserting `by the Secretary of Defense'; andCommentsClose CommentsPermalink
(B) in subsection (b)--CommentsClose CommentsPermalink
(i) in paragraph (1), by adding `and' at the end;CommentsClose CommentsPermalink
(ii) by striking paragraph (2); andCommentsClose CommentsPermalink
(iii) by redesignating paragraph (3) as paragraph (2).CommentsClose CommentsPermalink
(2) CHAIRMAN- Subsection (c) of such section is amended by striking `the President' and inserting `the Secretary'.CommentsClose CommentsPermalink
(b) Statutory Redesignation of Dean as President-CommentsClose CommentsPermalink
(1) Section 2113 of such title is further amended by striking `Dean' each place it appears in subsections (d) and (f)(1) and inserting `President'.CommentsClose CommentsPermalink
(2) Section 2114(e) of such title is amended by striking `Dean' each place it appears in paragraphs (3) and (5).CommentsClose CommentsPermalink
(c) Compensation of Members for Performance of Duties- Subsection (e) of section 2113 of such title is further amended by striking `but not exceeding $100 per diem'.CommentsClose CommentsPermalink
SEC. 933. UNITED STATES MILITARY CANCER INSTITUTE.
(a) Establishment- Chapter 104 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 2117. United States Military Cancer Institute
`(a) Establishment- The Secretary of Defense shall establish in the University the United States Military Cancer Institute. The Institute shall be established pursuant to regulations prescribed by the Secretary.CommentsClose CommentsPermalink
`(b) Purposes- The purposes of the Institute are as follows:CommentsClose CommentsPermalink
`(1) To establish and maintain a clearinghouse of data on the incidence and prevalence of cancer among members and former members of the armed forces.CommentsClose CommentsPermalink
`(2) To conduct research that contributes to the detection or treatment of cancer among the members and former members of the armed forces.CommentsClose CommentsPermalink
`(c) Head of Institute- The Director of the United States Military Cancer Institute is the head of the Institute. The Director shall report to the President of the University regarding matters relating to the Institute.CommentsClose CommentsPermalink
`(d) Elements- (1) The Institute is composed of clinical and basic scientists in the Department of Defense who have an expertise in research, patient care, and education relating to oncology and who meet applicable criteria for affiliation with the Institute.CommentsClose CommentsPermalink
`(2) The components of the Institute include military treatment and research facilities that meet applicable criteria and are designated as affiliates of the Institute.CommentsClose CommentsPermalink
`(e) Research- (1) The Director of the United States Military Cancer Institute shall carry out research studies on the following:CommentsClose CommentsPermalink
`(A) The epidemiological features of cancer, including assessments of the carcinogenic effect of genetic and environmental factors, and of disparities in health, inherent or common among populations of various ethnic origins within the members of the armed forces.CommentsClose CommentsPermalink
`(B) The prevention and early detection of cancer among members and former members of the armed forces.CommentsClose CommentsPermalink
`(C) Basic, translational, and clinical investigation matters relating to the matters described in subparagraphs (A) and (B).CommentsClose CommentsPermalink
`(2) The research studies under paragraph (1) shall include complementary research on oncologic nursing.CommentsClose CommentsPermalink
`(f) Collaborative Research- The Director of the United States Military Cancer Institute shall carry out the research studies under subsection (e) in collaboration with other cancer research organizations and entities selected by the Institute for purposes of the research studies.CommentsClose CommentsPermalink
`(g) Annual Report- (1) Not later than November 1 each year, the Director of the United States Military Cancer Institute shall submit to the President of the University a report on the current status of the research studies being carried out by the Institute under subsection (e).CommentsClose CommentsPermalink
`(2) Not later than 60 days after receiving a report under paragraph (1), the President of the University shall transmit such report to the Secretary of Defense and to Congress.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 104 of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`2117. United States Military Cancer Institute.'.CommentsClose CommentsPermalink
SEC. 934. WESTERN HEMISPHERE CENTER FOR EXCELLENCE IN HUMAN RIGHTS.
(a) Center Authorized- The Secretary of Defense may establish and operate a center to be known as the Western Hemisphere Center for Excellence in Human Rights.CommentsClose CommentsPermalink
(b) Missions- The missions of the Center shall be as follows:CommentsClose CommentsPermalink
(1) To provide and facilitate education, training, research, strategic planning, and reform on the integration of respect for human rights into all aspects of military operations, doctrine, education, judicial systems, and other internal control mechanisms, and into the relations of the military with civil society, including the development of programs to combat the growing phenomenon of trafficking in persons.CommentsClose CommentsPermalink
(2) To sponsor conferences, symposia, seminars, academic exchanges, and courses, as well as special projects such as studies, reviews, design of curricula, and evaluations, on the matters covered by paragraph (1).CommentsClose CommentsPermalink
(3) In carrying out its other mission, to place special emphasis on the implementation of reforms that result in measurable improvements in respect for human rights in the provision of effective security.CommentsClose CommentsPermalink
(c) Formulation and Execution of Programs-CommentsClose CommentsPermalink
(1) CONCURRENCE OF SECRETARY OF STATE- The Secretary of Defense may carry out this section only with the concurrence of the Secretary of State.CommentsClose CommentsPermalink
(2) FORMULATION AND EXECUTION OF PROGRAMS- The Secretary of Defense and the Secretary of State shall--CommentsClose CommentsPermalink
(A) jointly formulate any program or other activities undertaken under this section; andCommentsClose CommentsPermalink
(B) shall coordinate with one another, under procedures that they jointly establish, to ensure appropriate implementation of such programs and activities, including in a manner that--CommentsClose CommentsPermalink
(i) incorporates appropriate vetting procedures, irrespective of the source of funding for the activity; andCommentsClose CommentsPermalink
(ii) avoids duplication with existing programs.CommentsClose CommentsPermalink
(d) Joint Operation With Educational Institutions and Nongovernmental Organizations Authorized- The Secretary of Defense may enter into agreements with appropriate officials of institutions of higher education and nongovernmental organizations to provide for the joint operation of the Center by the Secretary and such entities. Any such agreement may provide for the institution or organization concerned to furnish necessary administrative services for the Center, including administration and allocation of funds.CommentsClose CommentsPermalink
(e) Acceptance of Gifts and Donations-CommentsClose CommentsPermalink
(1) ACCEPTANCE AUTHORIZED- Except as provided in paragraph (2), the Secretary of Defense may accept, on behalf of the Center, gifts and donations to be used to defray the costs of the Center or to enhance the operation of the Center. Any such gift or donation may be accepted from any State or local government, any foreign government, any foundation or other charitable organization (including any that is organized or operates under the laws of a foreign country), or any other private source in the United States or a foreign country.CommentsClose CommentsPermalink
(2) LIMITATION- The Secretary may not accept a gift or donation under paragraph (1) if acceptance of the gift or donation would compromise or appear to compromise--CommentsClose CommentsPermalink
(A) the ability of the Department of Defense, any employee of the Department, or members of the Armed Forces to carry out any responsibility or duty of the Department in a fair and objective manner; orCommentsClose CommentsPermalink
(B) the integrity of any program of the Department or of any person involved in such a program.CommentsClose CommentsPermalink
(3) CREDITING- Amounts accepted as a gift or donation under paragraph (1) shall be credited to the appropriation available to the Department of Defense for the Western Hemisphere Center for Excellence in Human Rights. Amounts so credited shall be merged with the appropriation to which credited, and shall be available to the Center for the same purposes, and subject to the same conditions and limitations, as amounts in the appropriation with which merged.CommentsClose CommentsPermalink
(4) ANNUAL REPORT- Not later than January 31 each year, the Secretary shall submit to the congressional defense committees a report on the gifts or donations accepted under paragraph (1) during the preceding year. Each report shall include, for the year covered by such report, a description of each gift of donation so accepted, including--CommentsClose CommentsPermalink
(A) the source of the gift or donation;CommentsClose CommentsPermalink
(B) the amount of the gift or donation; andCommentsClose CommentsPermalink
(C) the use of the gift or donation.CommentsClose CommentsPermalink
SEC. 935. INCLUSION OF COMMANDERS OF WESTERN HEMISPHERE COMBATANT COMMANDS IN BOARD OF VISITORS OF WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.
Subparagraph (F) of
`(F) The commanders of the combatant commands having geographic responsibility for the Western Hemisphere, or the designees of those officers.'.CommentsClose CommentsPermalink
SEC. 936. COMPTROLLER GENERAL ASSESSMENT OF PROPOSED REORGANIZATION OF THE OFFICE OF THE UNDER SECRETARY OF DEFENSE FOR POLICY.
(a) Assessment Required- Not later than March 1, 2008, the Comptroller General of the United States shall submit to the congressional defense committees a report containing an assessment of the proposed reorganization of the office of the Under Secretary of Defense for Policy, including an assessment with respect to the matters set forth in subsection (b).CommentsClose CommentsPermalink
(b) Matters To Be Assessed- The matters to be included in the assessment required by subsection are as follows:CommentsClose CommentsPermalink
(1) Whether the proposed reorganization of the office will further the stated purposes of the proposed reorganization in the short-and long-term, namely whether the proposed reorganization will enhance the ability of the Department of Defense--CommentsClose CommentsPermalink
(A) to address current security priorities, including the war in Iraq and the global war on terrorism in Afghanistan and elsewhere;CommentsClose CommentsPermalink
(B) to manage geopolitical defense relationships; andCommentsClose CommentsPermalink
(C) to anticipate future strategic shifts.CommentsClose CommentsPermalink
(2) Whether, and to what extent, the proposed reorganization adheres to generally accepted principles of effective organization such as establishing clear goals, identifying clear lines of authority and accountability, and developing an effective human capital strategy.CommentsClose CommentsPermalink
(3) The extent to which the Department has developed detailed implementation plans for the proposed reorganization, and the current status of the implementation of all aspects of the reorganization.CommentsClose CommentsPermalink
(4) The extent to which the Department has worked to mitigate congressional concerns and address other challenges that have arisen since the proposed reorganization was announced.CommentsClose CommentsPermalink
(5) Whether the Department plans to evaluate progress in achieving the stated goals of the proposed reorganization and what metrics, if any, the Department has established to assess the results of the reorganization.CommentsClose CommentsPermalink
(6) The impact of the large span of responsibilities for the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict under the proposed reorganization on the ability of the Assistant Secretary to carry out the principal duties of the Assistant Secretary under law.CommentsClose CommentsPermalink
(7) The impact of the large span of responsibility for the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict under the proposed reorganization, including responsibility under the proposed reorganization for each of the following:CommentsClose CommentsPermalink
(A) Strategic capabilities.CommentsClose CommentsPermalink
(B) Forces transformation.CommentsClose CommentsPermalink
(C) Major budget programs.CommentsClose CommentsPermalink
(8) The relationship between any global war on terrorism task force that reports directly to the Under Secretary of Defense for Policy, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, and the Principal Deputy Under Secretary of Defense for Policy in managing policy on combating terrorism.CommentsClose CommentsPermalink
(9) The impact of the large span of responsibilities for the proposed Deputy Assistant Secretary of Defense for Counternarcotics, Counterproliferation, and Global Threats under the proposed reorganization.CommentsClose CommentsPermalink
(10) The impact of the proposed reorganization on counternarcotics program execution.CommentsClose CommentsPermalink
(11) The unique placement under the proposed reorganization of both functional and regional issue responsibilities under the single proposed Assistant Secretary of Defense for Homeland Defense and Americas' Security Affairs.CommentsClose CommentsPermalink
(12) The differentiation between the responsibilities of the proposed Deputy Assistant Secretary of Defense for Building Partnership Capacity Strategy and the proposed Deputy Assistant Secretary of Defense for Security Cooperation Options under the proposed reorganization, and the relationship between such officials.CommentsClose CommentsPermalink
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations-CommentsClose CommentsPermalink
(1) AUTHORITY- Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2008 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.CommentsClose CommentsPermalink
(2) LIMITATION- Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $5,000,000,000.CommentsClose CommentsPermalink
(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS- A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).CommentsClose CommentsPermalink
(b) Limitations- The authority provided by this section to transfer authorizations--CommentsClose CommentsPermalink
(1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; andCommentsClose CommentsPermalink
(2) may not be used to provide authority for an item that has been denied authorization by Congress.CommentsClose CommentsPermalink
(c) Effect on Authorization Amounts- A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.CommentsClose CommentsPermalink
(d) Notice to Congress- The Secretary shall promptly notify Congress of each transfer made under subsection (a).CommentsClose CommentsPermalink
SEC. 1002. AUTHORIZATION OF ADDITIONAL EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2007.
Amounts authorized to be appropriated to the Department of Defense for fiscal year 2007 in the John Warner National Defense Authorization Act for Fiscal Year 2007 (
SEC. 1003. MODIFICATION OF FISCAL YEAR 2007 GENERAL TRANSFER AUTHORITY.
Section 1001(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
`(3) EXCEPTION FOR CERTAIN TRANSFERS- The following transfers of funds shall be not be counted toward the limitation in paragraph (2) on the amount that may be transferred under this section:CommentsClose CommentsPermalink
`(A) The transfer of funds to the Iraq Security Forces Fund under reprogramming FY07-07-R PA.CommentsClose CommentsPermalink
`(B) The transfer of funds to the Joint Improvised Explosive Device Defeat Fund under reprogramming FY07-11 PA.CommentsClose CommentsPermalink
`(C) The transfer of funds back from the accounts referred to in subparagraphs (A) and (B) to restore the sources used in the reprogrammings referred to in such subparagraphs.'.CommentsClose CommentsPermalink
SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN FISCAL YEAR 2008.
(a) Fiscal Year 2008 Limitation- The total amount contributed by the Secretary of Defense in fiscal year 2008 for the common-funded budgets of NATO may be any amount up to, but not in excess of, the amount specified in subsection (b) (rather than the maximum amount that would otherwise be applicable to those contributions under the fiscal year 1998 baseline limitation).CommentsClose CommentsPermalink
(b) Total Amount- The amount of the limitation applicable under subsection (a) is the sum of the following:CommentsClose CommentsPermalink
(1) The amounts of unexpended balances, as of the end of fiscal year 2007, of funds appropriated for fiscal years before fiscal year 2008 for payments for those budgets.CommentsClose CommentsPermalink
(2) The amount specified in subsection (c)(1).CommentsClose CommentsPermalink
(3) The amount specified in subsection (c)(2).CommentsClose CommentsPermalink
(4) The total amount of the contributions authorized to be made under section 2501.CommentsClose CommentsPermalink
(c) Authorized Amounts- Amounts authorized to be appropriated by titles II and III of this Act are available for contributions for the common-funded budgets of NATO as follows:CommentsClose CommentsPermalink
(1) Of the amount provided in section 201(1), $1,031,000 for the Civil Budget.CommentsClose CommentsPermalink
(2) Of the amount provided in section 301(1), $362,159,000 for the Military Budget.CommentsClose CommentsPermalink
(d) Definitions- For purposes of this section:CommentsClose CommentsPermalink
(1) COMMON-FUNDED BUDGETS OF NATO- The term `common-funded budgets of NATO' means the Military Budget, the Security Investment Program, and the Civil Budget of the North Atlantic Treaty Organization (and any successor or additional account or program of NATO).CommentsClose CommentsPermalink
(2) FISCAL YEAR 1998 BASELINE LIMITATION- The term `fiscal year 1998 baseline limitation' means the maximum annual amount of Department of Defense contributions for common-funded budgets of NATO that is set forth as the annual limitation in section 3(2)(C)(ii) of the resolution of the Senate giving the advice and consent of the Senate to the ratification of the Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the Czech Republic (as defined in section 4(7) of that resolution), approved by the Senate on April 30, 1998.CommentsClose CommentsPermalink
SEC. 1005. FINANCIAL MANAGEMENT TRANSFORMATION INITIATIVE FOR THE DEFENSE AGENCIES.
(a) Financial Management Transformation Initiative-CommentsClose CommentsPermalink
(1) IN GENERAL- The Director of the Business Transformation Agency of the Department of Defense shall carry out an initiative for financial management transformation in the Defense Agencies. The initiative shall be known as the `Defense Agencies Initiative' (in this section referred to as the `Initiative').CommentsClose CommentsPermalink
(2) SCOPE OF AUTHORITY- In carrying out the Initiative, the Director of the Business Transformation Agency may require the heads of the Defense Agencies to carry out actions that are within the purpose and scope of the Initiative.CommentsClose CommentsPermalink
(b) Purposes- The purposes of Initiative shall be as follows:CommentsClose CommentsPermalink
(1) To eliminate or replace financial management systems of the Defense Agencies that are duplicative, redundant, or fail to comply with the standards set forth in subsection (d).CommentsClose CommentsPermalink
(2) To transform the budget, finance, and accounting operations of the Defense Agencies to enable the Defense Agencies to achieve accurate and reliable financial information needed to support financial accountability and effective and efficient management decisions.CommentsClose CommentsPermalink
(c) Required Elements- The Initiative shall include, to the maximum extent practicable--CommentsClose CommentsPermalink
(1) the utilization of commercial, off-the-shelf technologies and web-based solutions;CommentsClose CommentsPermalink
(2) a standardized technical environment and an open and accessible architecture; andCommentsClose CommentsPermalink
(3) the implementation of common business processes, shared services, and common data structures.CommentsClose CommentsPermalink
(d) Standards- In carrying out the Initiative, the Director of the Business Transformation Agency shall ensure that the Initiative is consistent with--CommentsClose CommentsPermalink
(1) the requirements of the Business Enterprise Architecture and Transition Plan developed pursuant to
(2) the Standard Financial Information Structure of the Department of Defense;CommentsClose CommentsPermalink
(3) the Federal Financial Management Improvement Act of 1996 (and the amendments made by that Act); andCommentsClose CommentsPermalink
(4) other applicable requirements of law and regulation.CommentsClose CommentsPermalink
(e) Scope- The Initiative shall be designed to provide, at a minimum, capabilities in the major process areas for both general fund and working capital fund operations of the Defense Agencies as follows:CommentsClose CommentsPermalink
(1) Budget formulation.CommentsClose CommentsPermalink
(2) Budget to report, including general ledger and trial balance.CommentsClose CommentsPermalink
(3) Procure to pay, including commitments, obligations, and accounts payable.CommentsClose CommentsPermalink
(4) Order to fulfill, including billing and accounts receivable.CommentsClose CommentsPermalink
(5) Cost accounting.CommentsClose CommentsPermalink
(6) Acquire to retire (account management).CommentsClose CommentsPermalink
(7) Time and attendance and employee entitlement.CommentsClose CommentsPermalink
(8) Grants financial management.CommentsClose CommentsPermalink
(f) Program Control- In carrying out the Initiative, the Director of the Business Transformation Agency shall establish--CommentsClose CommentsPermalink
(1) a board (to be known as the `Configuration Control Board') to manage scope and cost changes to the Initiative; andCommentsClose CommentsPermalink
(2) a program management office (to be known as the `Program Management Office') to control and enforce assumptions made in the acquisition plan, the cost estimate, and the system integration contract for the Initiative, as directed by the Configuration Control Board.CommentsClose CommentsPermalink
(g) Plan on Development and Implementation of Initiative- Not later than six months after the date of the enactment of this Act, the Director of the Business Transformation Agency shall submit to the congressional defense committees a plan for the development and implementation of the Initiative. The plan shall provide for the implementation of an initial capability under the Initiative as follows:CommentsClose CommentsPermalink
(1) In at least one Defense Agency by not later than eight months after the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) In not less than six Defense Agencies by not later than 18 months after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 1006. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE FOR THE DEPARTMENT OF DEFENSE.
Section 1405 of the Department of Defense Authorization Act, 1986 (
SEC. 1007. EXTENSION OF PERIOD FOR TRANSFER OF FUNDS TO FOREIGN CURRENCY FLUCTUATIONS, DEFENSE ACCOUNT.
(1) in subsection (a)(2), by striking `second fiscal year' and inserting `fifth fiscal year'; andCommentsClose CommentsPermalink
(2) in subsection (d)(2), by striking `second fiscal year' and inserting `fifth fiscal year'.CommentsClose CommentsPermalink
Subtitle B--Counter-Drug Activities
SEC. 1011. EXPANSION OF DEPARTMENT OF DEFENSE AUTHORITY TO PROVIDE SUPPORT FOR COUNTER-DRUG ACTIVITIES TO CERTAIN ADDITIONAL FOREIGN GOVERNMENTS.
Section 1033(b) of the National Defense Authorization Act for Fiscal Year 1998 (
`(17) The Government of the Dominican Republic.CommentsClose CommentsPermalink
`(18) The Government of Mexico.'.CommentsClose CommentsPermalink
Subtitle C--Miscellaneous Authorities and Limitations
SEC. 1021. ENHANCEMENT OF AUTHORITY TO PAY REWARDS FOR ASSISTANCE IN COMBATING TERRORISM.
(a) Increase in Amount of Reward- Subsection (b) of
(b) Delegation of Authority to Commanders of Combatant Commands- Subsection (c)(1)(B) of such title is amended by inserting `, or $1,000,000 during fiscal year 2008' after `$50,000'.CommentsClose CommentsPermalink
(c) Consultation With Secretary of State in Award- Subsection (d)(2) of such section is amended by inserting `, or $2,000,000 during fiscal year 2008' after `$100,000'.CommentsClose CommentsPermalink
SEC. 1022. REPEAL OF MODIFICATION OF AUTHORITIES RELATING TO THE USE OF THE ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.
(a) Repeal-CommentsClose CommentsPermalink
(1) IN GENERAL-
(2) CONFORMING CLERICAL AMENDMENTS- (A) The heading of such section 333, as so amended, is amended to read as such heading read on October 16, 2006.CommentsClose CommentsPermalink
(B) The item relating to such section 333 in the table of sections at the beginning of chapter 15 of such title, as so amended, is amended to read as such item read on October 16, 2006.CommentsClose CommentsPermalink
(C) The heading of chapter 15 of such title, as so amended, is amended to read as such heading read on October 16, 2006.CommentsClose CommentsPermalink
(D) The item relating to chapter 15 of such title in the tables of chapters at the beginning of subtitle A of such title, and at the beginning of part I of such subtitle, as so amended, is amended to read as such item read on October 16, 2006.CommentsClose CommentsPermalink
(b) Other Conforming Amendments-CommentsClose CommentsPermalink
(1) CONFORMING REPEAL- (A)
(B) The table of sections at the beginning of chapter 152 of such title is amended by striking the item relating to section 2567.CommentsClose CommentsPermalink
(2) ADDITIONAL AMENDMENT- Section 12304(c)(1) of such title, as amended by section 1076 of the John Warner National Defense Authorization Act for Fiscal Year 2007, is amended to read as such section read on October 16, 2006.CommentsClose CommentsPermalink
SEC. 1023. PROCEDURES FOR COMBATANT STATUS REVIEW TRIBUNALS; MODIFICATION OF MILITARY COMMISSION AUTHORITIES.
(a) Determination of Status of Certain Combatants- Subsection (b) of section 1005 of the Detainee Treatment Act of 2005 (title X of
`(b) Determination of Status of Certain Combatants-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary of Defense shall determine the status of each detainee described in paragraph (2) through a Combatant Status Review Tribunal (in this subsection referred to as a `Tribunal') conducted in accordance with the requirements of this subsection.CommentsClose CommentsPermalink
`(2) COVERED DETAINEES-CommentsClose CommentsPermalink
`(A) IN GENERAL- A detainee described in this paragraph is a detainee who--CommentsClose CommentsPermalink
`(i) is held by the Department of Defense as an unlawful enemy combatant on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008; andCommentsClose CommentsPermalink
`(ii) has been detained by the United States for a period of more than two years.CommentsClose CommentsPermalink
`(B) UNLAWFUL ENEMY COMBATANT DEFINED- In this subsection, the term `unlawful enemy combatant' has the meaning given such term in
`(3) STANDARD OF PROOF- A Tribunal shall determine whether or not a detainee is an unlawful enemy combatant by a preponderance of the evidence. Weight shall be accorded to evidence based on the credibility, reliability, and probative value of the evidence.CommentsClose CommentsPermalink
`(4) PROCEDURES- Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008, the Secretary shall prescribe procedures for Tribunals under this subsection. Such procedures shall ensure, at a minimum, that--CommentsClose CommentsPermalink
`(A) the President of a Tribunal is a military judge--CommentsClose CommentsPermalink
`(i) who shall meet the qualification requirements of
`(ii) who shall rule on all questions of law and exclude evidence that would not have probative value to a reasonable person;CommentsClose CommentsPermalink
`(B) each detainee is represented in the same manner as provided for the accused before a military commission under
`(C) each detainee is afforded a reasonable opportunity to obtain witnesses and other evidence, including a process to compel witnesses to appear and testify and to compel the production of other evidence, [Struck out->]that is similar to that provided for defense counsel in a military commission under
`(D) each detainee is permitted to present evidence in his defense, to cross-examine the witnesses who testify against him, and to examine and respond to evidence admitted against him, while providing for the handling of classified information in a manner so that--CommentsClose CommentsPermalink
`(i) counsel for the detainee is provided access to the relevant classified evidence, including both evidence admitted against the detainee and any potentially exculpatory evidence, consistent with the procedures for the protection of classified information in
`(ii) the detainee is provided access--CommentsClose CommentsPermalink
`(I) to all unclassified evidence; andCommentsClose CommentsPermalink
`(II) to [Struck out->]a summary[<-Struck out] an unclassifieda summary of the classified evidence admitted against the detainee that is sufficiently specific to provide the detainee a fair opportunity to respond, with the assistance of counsel, to such evidence;CommentsClose CommentsPermalink
`(E) in making a determination of status of any such detainee, a Tribunal may not consider a statement that was obtained through methods that amount to torture; andCommentsClose CommentsPermalink
`(F) in making a determination of status of a detainee, a Tribunal may not consider a statement in which the degree of coercion is disputed unless--CommentsClose CommentsPermalink
`(i) the totality of the circumstances renders the statement reliable and possessing sufficient probative value;CommentsClose CommentsPermalink
`(ii) the interests of justice would best be served by admission of the statement into evidence; andCommentsClose CommentsPermalink
`(iii) the Tribunal determines that--CommentsClose CommentsPermalink
`(I) the alleged coercion was incident to the lawful conduct of military operations at the point of apprehension;CommentsClose CommentsPermalink
`(II) the statement was voluntary; orCommentsClose CommentsPermalink
`(III) the interrogation methods used to obtain the statement do not amount to cruel, inhuman, or degrading treatment prohibited by section 1003 of this Act.CommentsClose CommentsPermalink
`(5) SCHEDULING- The Secretary shall ensure that a Tribunal is scheduled for a detainee described in paragraph (2) not later than 180 days after the date on which a Tribunal becomes required for such detainee under paragraph (1), except that--CommentsClose CommentsPermalink
`(A) the Secretary shall schedule a Tribunal for a detainee who is eligible for such a Tribunal on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008 not later than one year after the date on which procedures are required to be prescribed by paragraph (4); andCommentsClose CommentsPermalink
`(B) the Secretary shall not be required to schedule a Tribunal for--CommentsClose CommentsPermalink
`(i) a detainee upon whom charges have been served in accordance with
`(ii) a detainee who has been convicted by a military commission under chapter 47A of such title of an offense under subchapter VII of that chapter.'.CommentsClose CommentsPermalink
(b) Modifications of Military Commission Authorities-CommentsClose CommentsPermalink
(1) ENEMY COMBATANT STATUS- Paragraph (1) of
`(1) UNLAWFUL ENEMY COMBATANT- The term `unlawful enemy combatant' means a person who is not a lawful enemy combatant who--CommentsClose CommentsPermalink
`(A) has engaged in hostilities against the United States;CommentsClose CommentsPermalink
`(B) has purposefully and materially supported hostilities against the United States (other than hostilities engaged in by lawful enemy combatants); orCommentsClose CommentsPermalink
`(C) has been a knowing and active participant in an organization that engaged in hostilities against the United States.'.CommentsClose CommentsPermalink
(2) REPEAL OF DISPOSITIVE NATURE OF PREVIOUS CSRT DETERMINATIONS- Section 948d of such title is amended--CommentsClose CommentsPermalink
(A) by striking subsection (c); andCommentsClose CommentsPermalink
(B) by redesignating subsection (d) as subsection (c).CommentsClose CommentsPermalink
(3) STATEMENTS OBTAINED THROUGH CRUEL, INHUMAN, OR DEGRADING TREATMENT- Section 948r of such title is amended--CommentsClose CommentsPermalink
(A) by striking subsections (c) and (d); andCommentsClose CommentsPermalink
(B) by adding after subsection (b) the following new subsection (c):CommentsClose CommentsPermalink
`(c) Statements Obtained Through Cruel, Inhuman, or Degrading Treatment- A statement in which the degree of coercion is disputed may be admitted if the military judge finds that--CommentsClose CommentsPermalink
`(1) the totality of the circumstances renders the statement reliable and possessing sufficient probative value;CommentsClose CommentsPermalink
`(2) the interests of justice would best be served by admission of the statement into evidence; andCommentsClose CommentsPermalink
`(3) one of the following circumstances is met:CommentsClose CommentsPermalink
`(A) The alleged coercion was incident to the lawful conduct of military operations at the point of apprehension.CommentsClose CommentsPermalink
`(B) The statement was voluntary.CommentsClose CommentsPermalink
`(C) The interrogation methods used to obtain the statement do not amount to cruel, inhuman, or degrading treatment prohibited by section 1003 of the Detainee Treatment Act of 2005 (
(4) ADMITTANCE OF HEARSAY EVIDENCE- Subparagraph (E) of section 949a(b)(2) of such title is amended to read as follows:CommentsClose CommentsPermalink
`(E) Hearsay evidence not otherwise admissible under the rules of evidence applicable in trial by general courts-martial may be admitted in a trial by military commission if--CommentsClose CommentsPermalink
`(i) the proponent of the evidence makes known to the adverse party, sufficiently in advance of trial or hearing to provide the adverse party with a fair opportunity to meet the evidence, the proponent's intention to offer the evidence, and the particulars of the evidence (including information on the circumstances under which the evidence was obtained); andCommentsClose CommentsPermalink
`(ii) the military judge finds that the totality of the circumstances render the evidence more probative on the point for which it is offered than other evidence which the proponent can procure through reasonable efforts, taking into consideration the unique circumstances of the conduct of military and intelligence operations during hostilities.'.CommentsClose CommentsPermalink
(5) TECHNICAL AND CONFORMING AMENDMENTS-CommentsClose CommentsPermalink
(A) TECHNICAL AMENDMENT- The heading of section 950j of such title is amended by striking `Finality or' and inserting `Finality of'.CommentsClose CommentsPermalink
(B) CLERICAL AMENDMENT- The table of sections at the beginning of subchapter VI of chapter 47A of such title is amended to read as follows:CommentsClose CommentsPermalink
`950j. Finality of proceedings, findings, and sentences.'.CommentsClose CommentsPermalink
SEC. 1024. 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. 1025. EXPANSION OF COOPERATIVE AGREEMENT AUTHORITY FOR MANAGEMENT OF CULTURAL RESOURCES.
(a) In General- Subsection (a) of
`(a) Authority- (1) The Secretary of Defense or the Secretary of a military department may enter into a cooperative agreement with a State or local government, tribal government, or other entity for any purpose as follows:CommentsClose CommentsPermalink
`(A) For the preservation, management, maintenance, and improvement of cultural resources.CommentsClose CommentsPermalink
`(B) For the conduct of research regarding cultural resources.CommentsClose CommentsPermalink
`(2) To be covered under a cooperative agreement under this subsection, cultural resources shall be located--CommentsClose CommentsPermalink
`(A) on a military installation; orCommentsClose CommentsPermalink
`(B) off a military installation, but only if the cooperative agreement directly relieves or eliminates current or anticipated restrictions that would or might restrict, impede, or otherwise interfere (whether directly or indirectly) with current or anticipated military training, testing, or operations on the installation.CommentsClose CommentsPermalink
`(3) Activities under a cooperative agreement under this subsection shall be subject to the availability of funds to carry out the cooperative agreement.'.CommentsClose CommentsPermalink
(b) Inclusion of Indian Sacred Sites in Cultural Resources- Subsection (c) of such section is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(5) An Indian sacred site, as the that term is defined in section 1(b)(iii) of Executive Order 13007.'.CommentsClose CommentsPermalink
SEC. 1026. MINIMUM ANNUAL PURCHASE AMOUNTS FOR AIRLIFT FROM CARRIERS PARTICIPATING IN THE CIVIL RESERVE AIR FLEET.
(a) In General- Chapter 931 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 9515. Airlift services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet
`(a) In General- The Secretary of Defense may award to air carriers participating in the Civil Reserve Air Fleet on a fiscal year basis a one-year contract for airlift services with a minimum purchase amount determined in accordance with this section.CommentsClose CommentsPermalink
`(b) Minimum Purchase Amount- (1) The aggregate amount of the minimum purchase amount for all contracts awarded under subsection (a) for a fiscal year shall be based on forecast needs, but may not exceed the amount equal to 80 percent of the annual average expenditure of the Department of Defense for airlift during the five-fiscal year period ending in the fiscal year before the fiscal year for which such contracts are awarded.CommentsClose CommentsPermalink
`(2) In calculating the annual average expenditure of the Department of Defense for airlift for purposes of paragraph (1), the Secretary of Defense shall omit from the calculation any fiscal year exhibiting unusually high demand for airlift if the Secretary determines that the omission of such fiscal year from the calculation will result in a more accurate forecast of anticipated airlift for purposes of that paragraph.CommentsClose CommentsPermalink
`(3) The aggregate amount of the minimum purchase amount for all contracts awarded under subsection (a) for a fiscal year, as determined under paragraph (1), shall be allocated among all carriers awarded contracts under that subsection for such fiscal year in proportion to the commitments of such carriers to the Civil Reserve Air Fleet for such fiscal year.CommentsClose CommentsPermalink
`(c) Adjustment to Minimum Purchase Amount for Periods of Unavailability of Airlift- In determining the minimum purchase amount payable under a contract under subsection (a) for airlift provided by a carrier during the fiscal year covered by such contract, the Secretary of Defense may adjust the amount allocated to the carrier under subsection (b)(3) to take into account periods during such fiscal year when services of the carrier are unavailable for usage by the Department of Defense, including during periods of refused business or suspended operations or when the carrier is placed in nonuse status pursuant to section 2640 of this title for safety issues.CommentsClose CommentsPermalink
`(d) Distribution of Amounts- If any amount available under this section for the minimum purchase of airlift from a carrier for a fiscal year under a contract under subsection (a) is not utilized to purchase airlift from the carrier in such fiscal year, such amount shall be provided to the carrier before the first day of the following fiscal year.CommentsClose CommentsPermalink
`(e) Transfer of Funds- At the beginning of each fiscal year, the Secretary of each military department shall transfer to the transportation working capital fund a percentage of the total amount anticipated to be required in such fiscal year for payment of minimum purchase amounts under all contracts awarded under subsection (a) for such fiscal year equivalent to the percentage of the anticipated use of airlift by such military department during such fiscal year from all carriers under contracts awarded under subsection (a) for such fiscal year.CommentsClose CommentsPermalink
`(f) Availability of Airlift- (1) From the total amount of airlift available for a fiscal year under all contracts awarded under subsection (a) for such fiscal year, a military department shall be entitled to obtain a percentage of such airlift equivalent to the percentage of the contribution of the military department to the transportation working capital fund for such fiscal year under subsection (e).CommentsClose CommentsPermalink
`(2) A military department may transfer any entitlement to airlift under paragraph (1) to any other military department or to any other agency, element, or component of the Department of Defense.CommentsClose CommentsPermalink
`(g) Sunset- The authorities in this section shall expire on December 31, 2015.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 931 of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`9515. Airlift services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet.'.CommentsClose CommentsPermalink
SEC. 1027. PROVISION OF AIR FORCE SUPPORT AND SERVICES TO FOREIGN MILITARY AND STATE AIRCRAFT.
(a) Provision of Support and Services-CommentsClose CommentsPermalink
(1) IN GENERAL-
`Sec. 9626. Aircraft supplies and services: foreign military or other state aircraft
`(a) Provision of Supplies and Services on Reimbursable Basis- (1) The Secretary of the Air Force may, under such regulations as the Secretary may prescribe and when in the best interests of the United States, provide any of the supplies or services described in paragraph (2) to military and other state aircraft of a foreign country, on a reimbursable basis without an advance of funds, if similar supplies and services are furnished on a like basis to military aircraft and other state aircraft of the United States by the foreign country.CommentsClose CommentsPermalink
`(2) The supplies and services described in this paragraph are supplies and services as follows:CommentsClose CommentsPermalink
`(A) Routine airport services, including landing and takeoff assistance, servicing aircraft with fuel, use of runways, parking and servicing, and loading and unloading of baggage and cargo.CommentsClose CommentsPermalink
`(B) Miscellaneous supplies, including Air Force-owned fuel, provisions, spare parts, and general stores, but not including ammunition.CommentsClose CommentsPermalink
`(b) Provision of Routine Airport Services on Non-Reimbursable Basis- (1) Routine airport services may be provided under this section at no cost to a foreign country under circumstances as follows:CommentsClose CommentsPermalink
`(A) If such services are provided by Air Force personnel and equipment without direct cost to the Air Force.CommentsClose CommentsPermalink
`(B) If such services are provided under an agreement with the foreign country that provides for the reciprocal furnishing by the foreign country of routine airport services to military and other state aircraft of the United States without reimbursement.CommentsClose CommentsPermalink
`(2) If routine airport services are provided under this section by a working-capital fund activity of the Air Force under section 2208 of this title and such activity is not reimbursed directly for the costs incurred by the activity in providing such services by reason of paragraph (1)(B), the working-capital fund activity shall be reimbursed for such costs out of funds currently available to the Air Force for operation and maintenance.'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 939 of such title is amended by striking the item relating to section 9626 and inserting the following new item:CommentsClose CommentsPermalink
`9626. Aircraft supplies and services: foreign military or other state aircraft.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- Section 9629(3) of such title is amended by striking `for aircraft of a foreign military or air attache'.CommentsClose CommentsPermalink
SEC. 1028. PARTICIPATION IN STRATEGIC AIRLIFT CAPABILITY PARTNERSHIP.
(a) Authority To Participate in Partnership- The Secretary of Defense may--CommentsClose CommentsPermalink
(1) enter into a multilateral memorandum of understanding authorizing the Strategic Airlift Capability Partnership to conduct activities necessary to accomplish its purpose, including--CommentsClose CommentsPermalink
(A) the acquisition, equipping, ownership, and operation of strategic airlift aircraft; andCommentsClose CommentsPermalink
(B) the acquisition or transfer of airlift and airlift-related services and supplies among members of the Strategic Airlift Capability Partnership, or between the Partnership and non-member countries or international organizations, on a reimbursable basis or by replacement-in-kind or exchange of airlift or airlift-related services of an equal value; andCommentsClose CommentsPermalink
(2) pay from funds available to the Department of Defense for such purpose the United States equitable share of the recurring and non-recurring costs of the activities and operations of the Strategic Airlift Capability Partnership, including costs associated with procurement of aircraft components and spare parts, maintenance, facilities, and training, and the costs of claims.CommentsClose CommentsPermalink
(b) Authorities Under Partnership- In carrying out the memorandum of understanding entered into under subsection (a), the Secretary of Defense may do the following:CommentsClose CommentsPermalink
(1) Waive reimbursement of the United States for the cost of the functions performed by Department of Defense personnel with respect to the Strategic Airlift Capability Partnership as follows:CommentsClose CommentsPermalink
(A) Auditing.CommentsClose CommentsPermalink
(B) Quality assurance.CommentsClose CommentsPermalink
(C) Inspection.CommentsClose CommentsPermalink
(D) Contract administration.CommentsClose CommentsPermalink
(E) Acceptance testing.CommentsClose CommentsPermalink
(F) Certification services.CommentsClose CommentsPermalink
(G) Planning, programming, and management services.CommentsClose CommentsPermalink
(2) Waive the imposition of any surcharge for administrative services provided by the United States that would otherwise be chargeable against the Strategic Airlift Capability Partnership.CommentsClose CommentsPermalink
(3) Pay the salaries, travel, lodging, and subsistence expenses of Department of Defense personnel assigned for duty to the Strategic Airlift Capability Partnership without seeking reimbursement or cost-sharing for such expenses.CommentsClose CommentsPermalink
(c) Crediting of Receipts- Any amount received by the United States in carrying out the memorandum of understanding entered into under subsection (a) shall be credited, as elected by the Secretary of Defense, to the following:CommentsClose CommentsPermalink
(1) The appropriation, fund, or account used in incurring the obligation for which such amount is received.CommentsClose CommentsPermalink
(2) An appropriation, fund, or account currently providing funds for the purposes for which such obligation was made.CommentsClose CommentsPermalink
(d) Authority To Transfer Aircraft-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Defense is authorized to transfer one strategic airlift aircraft to the Strategic Airlift Capability Partnership in accordance with the terms and conditions of the memorandum of understanding entered into under subsection (a).CommentsClose CommentsPermalink
(2) REPORT- Not later than 30 days before the date on which the Secretary transfers a strategic airlift aircraft under paragraph (1), the Secretary shall submit to the congressional defense committees a report on the strategic airlift aircraft to be transferred, including the type of strategic airlift aircraft to be transferred and the tail registration or serial number of such aircraft.CommentsClose CommentsPermalink
(e) Strategic Airlift Capability Partnership Defined- In this section the term `Strategic Airlift Capability Partnership' means the strategic airlift capability consortium established by the United States and other participating countries.CommentsClose CommentsPermalink
SEC. 1029. RESPONSIBILITY OF THE AIR FORCE FOR FIXED-WING SUPPORT OF ARMY INTRA-THEATER LOGISTICS.
The Secretary of Defense shall, acting through the Chairman of the Joint Chiefs of Staff, prescribe directives or instructions to provide that the Air Force shall have responsibility for the missions and functions of fixed-wing support for Army intra-theater logistics.CommentsClose CommentsPermalink
SEC. 1030. PROHIBITION ON SALE OF PARTS FOR F-14 FIGHTER AIRCRAFT.
(a) Prohibition on Sale by Department of Defense-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), the Department of Defense may not sell (whether directly or indirectly) any parts for F-14 fighter aircraft, whether through the Defense Reutilization and Marketing Service or through another agency or element of the Department.CommentsClose CommentsPermalink
(2) EXCEPTION- Paragraph (1) shall not apply with respect to the sale of parts for F-14 fighter aircraft to a museum or similar organization located in the United States that is involved in the preservation of F-14 fighter aircraft for historical purposes.CommentsClose CommentsPermalink
(b) Prohibition on Export License- No license for the export of parts for F-14 fighter aircraft to a non-United States person or entity may be issued by the United States Government.CommentsClose CommentsPermalink
Subtitle D--Reports
SEC. 1041. RENEWAL OF SUBMITTAL OF PLANS FOR PROMPT GLOBAL STRIKE CAPABILITY.
Section 1032(b)(1) of the National Defense Authorization Act for Fiscal Year 2004 (
SEC. 1042. REPORT ON THREATS TO THE UNITED STATES FROM UNGOVERNED AREAS.
(a) Report Required- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly, in coordination with the Director of National Intelligence, submit to Congress a report on the threats posed to the United States from ungoverned areas, including the threats to the United States from terrorist groups and individuals located in such areas who direct their activities against the United States and its allies.CommentsClose CommentsPermalink
(b) Elements- The report required by subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) A description of the intelligence capabilities and skills required by the United States Government to support United States policy aimed at managing the threats described in subsection (a), including, specifically, the technical, linguistic, and analytical capabilities and the skills required by the Department of Defense and the Department of State.CommentsClose CommentsPermalink
(2) An assessment of the extent to which the Department of Defense and the Department of State possess the capabilities described in paragraph (1) as well as the necessary resources and organization to support United States policy aimed at managing the threats described in subsection (a).CommentsClose CommentsPermalink
(3) A description of the extent to which the implementation of Department of Defense Directive 3000.05, entitled `Military Support for Stability, Security, Transition, and Reconstruction Operations', will support United States policy for managing such threats.CommentsClose CommentsPermalink
(4) A description of the actions, if any, to be taken to improve the capabilities and skills of the Department of Defense and the Department of State described in paragraph (1), and the schedule for implementing any actions so described.CommentsClose CommentsPermalink
SEC. 1043. STUDY ON NATIONAL SECURITY INTERAGENCY SYSTEM.
(a) Study Required- The Secretary of Defense shall enter into an agreement with an independent, non-profit, non-partisan organization to conduct a study on the national security interagency system.CommentsClose CommentsPermalink
(b) Report- The agreement entered into under subsection (a) shall require the organization to submit to Congress and the President a report containing the results of the study conducted pursuant to such agreement and any recommendations for changes to the national security interagency system (including legislative or regulatory changes) identified by the organization as a result of the study.CommentsClose CommentsPermalink
(c) Submittal Date- The agreement entered into under subsection (a) shall require the organization to submit the report required under subsection (a) not later than 180 days after the date on which the Secretary makes funds available to the organization under subsection (e) for purposes of the study.CommentsClose CommentsPermalink
(d) National Security Interagency System Defined- In this section, the term `national security interagency system' means the structures, mechanisms, and processes by which the departments, agencies, and elements of the Federal Government that have national security missions coordinate and integrate their policies, capabilities, expertise, and activities to accomplish such missions.CommentsClose CommentsPermalink
(e) Funding-CommentsClose CommentsPermalink
(1) IN GENERAL- Of the amount authorized to be appropriated by section 301(5) for operation and maintenance for Defense-wide activities, not more than $3,000,000 may be available to carry out this section.CommentsClose CommentsPermalink
(2) MATCHING FUNDING REQUIREMENT- The amount provided by the Secretary for the agreement entered into under subsection (a) may not exceed the value of contributions (whether money or in-kind contributions) obtained and provided by the organization for the study from non-government sources.CommentsClose CommentsPermalink
Subtitle E--Other Matters
SEC. 1061. REVISED NUCLEAR POSTURE REVIEW.
(a) Requirement for Comprehensive Review- In order to clarify United States nuclear deterrence policy and strategy for the near term, the Secretary of Defense shall conduct a comprehensive review of the nuclear posture of the United States for the next 5 to 10 years. The Secretary shall conduct the review in consultation with the Secretary of Energy and the Secretary of State.CommentsClose CommentsPermalink
(b) Elements of Review- The nuclear posture review shall include the following elements:CommentsClose CommentsPermalink
(1) The role of nuclear forces in United States military strategy, planning, and programming.CommentsClose CommentsPermalink
(2) The policy requirements and objectives for the United States to maintain a safe, reliable, and credible nuclear deterrence posture.CommentsClose CommentsPermalink
(3) The relationship among United States nuclear deterrence policy, targeting strategy, and arms control objectives.CommentsClose CommentsPermalink
(4) The role that missile defense capabilities and conventional strike forces play in determining the role and size of nuclear forces.CommentsClose CommentsPermalink
(5) The levels and composition of the nuclear delivery systems that will be required for implementing the United States national and military strategy, including any plans for replacing or modifying existing systems.CommentsClose CommentsPermalink
(6) The nuclear weapons complex that will be required for implementing the United States national and military strategy, including any plans to modernize or modify the complex.CommentsClose CommentsPermalink
(7) The active and inactive nuclear weapons stockpile that will be required for implementing the United States national and military strategy, including any plans for replacing or modifying warheads.CommentsClose CommentsPermalink
(c) Report to Congress- The Secretary of Defense shall submit to Congress, in unclassified and classified forms as necessary, a report on the results of the nuclear posture review conducted under this section. The report shall be submitted concurrently with the quadrennial defense review required to be submitted under
(d) Sense of Congress- It is the sense of Congress that the nuclear posture review conducted under this section should be used as a basis for establishing future United States arms control objectives and negotiating positions.CommentsClose CommentsPermalink
SEC. 1062. TERMINATION OF COMMISSION ON THE IMPLEMENTATION OF THE NEW STRATEGIC POSTURE OF THE UNITED STATES.
Section 1051 of the National Defense Authorization Act for Fiscal Year 2006 (
[Struck out->]SEC. 1063. COMMUNICATIONS WITH THE COMMITTEES ON ARMED SERVICES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES.
[<-Struck out][Struck out->](a) Requests of Committees- The Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any department, agency, or element of the intelligence community shall, not later than 15 days after receiving a request from the Committee on Armed Services of the Senate or the Committee on Armed Services of the House of Representatives for any intelligence assessment, report, estimate, legal opinion, or other intelligence information relating to matters within the jurisdiction of such Committee, make available to such committee such assessment, report, estimate, legal opinion, or other information, as the case may be.CommentsClose CommentsPermalink
[<-Struck out][Struck out->](b) Assertion of Privilege- In response to a request covered by subsection (a), the Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any department, agency, or element of the intelligence community shall provide the document or information covered by such request unless the President certifies that such document or information is not being provided because the President is asserting a privilege pursuant to the Constitution of the United States.CommentsClose CommentsPermalink
[<-Struck out][Struck out->](c) Independent Testimony of Intelligence Officials- No officer, department, agency, or element within the Executive branch shall have any authority to require the head of any department, agency, or element of the intelligence community, or any designate of such a head--CommentsClose CommentsPermalink
[<-Struck out][Struck out->](1) to receive permission to testify before the Committee on Armed Services of the Senate or the Committee on Armed Services of the House of Representatives; orCommentsClose CommentsPermalink
[<-Struck out][Struck out->](2) to submit testimony, legislative recommendations, or comments to any officer or agency of the Executive branch for approval, comments, or review prior to the submission of such recommendations, testimony, or comments to the Committee on Armed Services of the Senate or the Committee on Armed Services of the House of Representatives if such testimony, legislative recommendations, or comments include a statement indicating that the views expressed therein are those of the head of the department, agency, or element of the intelligence community that is making the submission and do not necessarily represent the views of the Administration.CommentsClose CommentsPermalink
SEC. 1064. REPEAL OF STANDARDS FOR DISQUALIFICATION FROM ISSUANCE OF SECURITY CLEARANCES BY THE DEPARTMENT OF DEFENSE.
[<-Struck out][Struck out->](a) Repeal-(a) Repeal-
[<-Struck out][Struck out->](b) Clerical Amendment- The table of sections at the beginning of chapter 49 of such title is amended by striking the item relating to section 986.CommentsClose CommentsPermalink
SEC. 1065. ADVISORY PANEL ON DEPARTMENT OF DEFENSE CAPABILITIES FOR SUPPORT OF CIVIL AUTHORITIES AFTER CERTAIN INCIDENTS.
(a) In General- The Secretary of Defense shall establish an advisory panel to carry out an assessment of the capabilities of the Department of Defense to provide support to United States civil authorities in the event of a chemical, biological, radiological, nuclear, or high-yield explosive (CBRNE) incident.CommentsClose CommentsPermalink
(b) Panel Matters-CommentsClose CommentsPermalink
(1) IN GENERAL- The advisory panel required by subsection (a) shall consist of individuals appointed by the Secretary of Defense (in consultation with the Chairmen and Ranking Members of the Committees on Armed Services of the Senate and the House of Representatives) from among private citizens of the United States with expertise in the legal, operational, and organizational aspects of the management of the consequences of a chemical, biological, radiological, nuclear, or high-yield explosive incident.CommentsClose CommentsPermalink
(2) DEADLINE FOR APPOINTMENT- All members of the advisory panel shall be appointed under this subsection not later than 30 days after the date on which the Secretary enters into the contract required by subsection (c).CommentsClose CommentsPermalink
(3) INITIAL MEETING- The advisory panel shall conduct its first meeting not later than 30 days after the date that all appointments to the panel have been made under this subsection.CommentsClose CommentsPermalink
(4) PROCEDURES- The advisory panel shall carry out its duties under this section under procedures established under subsection (c) by the federally funded research and development center with which the Secretary contracts under that subsection. Such procedures shall include procedures for the selection of a chairman of the advisory panel from among its members.CommentsClose CommentsPermalink
(c) Support of Federally Funded Research and Development Center-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Defense shall enter into a contract with a federally funded research and development center for the provision of support and assistance to the advisory panel required by subsection (a) in carrying out its duties under this section. Such support and assistance shall include the establishment of the procedures of the advisory panel under subsection (b)(4).CommentsClose CommentsPermalink
(2) DEADLINE FOR CONTRACT- The Secretary shall enter into the contract required by this subsection not later than 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(d) Duties of Panel- The advisory panel required by subsection (a) shall--CommentsClose CommentsPermalink
(1) evaluate the authorities and capabilities of the Department of Defense to conduct operations in support to United States civil authorities in the event of a chemical, biological, radiological, nuclear, or high-yield explosive incident, including the authorities and capabilities of the military departments, the Defense Agencies, the combatant commands, any supporting commands, and the reserve components of the Armed Forces (including the National Guard in a Federal and non-Federal status);CommentsClose CommentsPermalink
(2) assess the adequacy of existing plans and programs of the Department of Defense for training and equipping dedicated, special, and general purposes forces for conducting operations described in paragraph (1) across a broad spectrum of scenarios, including current National Planning Scenarios as applicable;CommentsClose CommentsPermalink
(3) assess policies, directives, and plans of the Department of Defense in support of civilian authorities in managing the consequences of a chemical, biological, radiological, nuclear, or high-yield explosive incident;.CommentsClose CommentsPermalink
(4) assess the adequacy of policies and structures of the Department of Defense for coordination with other department and agencies of the Federal Government, especially the Department of Homeland Security, the Department of Energy, the Department of Justice, and the Department of Health and Human Services, in the provision of support described in paragraph (1);CommentsClose CommentsPermalink
(5) assess the adequacy and currency of information available to the Department of Defense, whether directly or through other departments and agencies of the Federal Government, from State and local governments in circumstances where the Department provides support described in paragraph (1) because State and local response capabilities are not fully adequate for a comprehensive response;CommentsClose CommentsPermalink
(6) assess the equipment capabilities and needs of the Department of Defense to provide support described in paragraph (1); andCommentsClose CommentsPermalink
(7) develop recommendations for modifying the capabilities, plans, policies, equipment, and structures evaluated or assessed under this subsection in order to improve the provision by the Department of Defense of the support described in paragraph (1).CommentsClose CommentsPermalink
(e) Cooperation of Other Agencies-CommentsClose CommentsPermalink
(1) IN GENERAL- The advisory panel required by subsection (a) may secure directly from the Department of Defense, the Department of Homeland Security, the Department of Energy, the Department of Justice, the Department of Health and Human Services, and any other department or agency of the Federal Government information that the panel considers necessary for the panel to carry out its duties.CommentsClose CommentsPermalink
(2) COOPERATION- The Secretary of Defense, the Secretary of Homeland Secretary, the Secretary of Energy, the Attorney General, the Secretary of Health and Human Services, and any other official of the United States shall provide the advisory panel with full and timely cooperation in carrying out its duties under this section.CommentsClose CommentsPermalink
(f) Report- Not later than 12 months after the date of the initial meeting of the advisory panel required by subsection (a), the advisory panel shall submit to the Secretary of Defense, and to the Committees on Armed Services of the Senate and the House of Representatives, a report on activities under this section. The report shall set forth--CommentsClose CommentsPermalink
(1) the findings, conclusions, and recommendations of the advisory panel for improving the capabilities of the Department of Defense to provide support to United States civil authorities in the event of a chemical, biological, radiological, nuclear, or high-yield explosive incident; andCommentsClose CommentsPermalink
(2) such other findings, conclusions, and recommendations for improving the capabilities of the Department for homeland defense as the advisory panel considers appropriate.CommentsClose CommentsPermalink
SEC. 1066. SENSE OF CONGRESS ON THE WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.
It is the sense of Congress that--CommentsClose CommentsPermalink
(1) the education and training facility of the Department of Defense known as the Western Hemisphere Institute for Security Cooperation has the mission of providing professional education and training to eligible military personnel, law enforcement officials, and civilians of nations of the Western Hemisphere that support the democratic principles set forth in the Charter of the Organization of American States, while fostering mutual knowledge, transparency, confidence, and cooperation among the participating nations and promoting democratic values and respect for human rights; andCommentsClose CommentsPermalink
(2) therefore, the Institute is an invaluable education and training facility which continues to foster a spirit of partnership and interoperability among the United States military and the militaries of participating nations.CommentsClose CommentsPermalink
SEC. 1067. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES CODE, ARISING FROM ENACTMENT OF THE INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004.
(a) References to Head of Intelligence Community-CommentsClose CommentsPermalink
(1) REFERENCES- Title 10, United States Code, is amended by striking `Director of Central Intelligence' each place it appears in the following provisions and inserting `Director of National Intelligence':CommentsClose CommentsPermalink
(A) Section 192(c)(2).CommentsClose CommentsPermalink
(B) Section 193.CommentsClose CommentsPermalink
(C) Section 201(a).CommentsClose CommentsPermalink
(D) Section 201(c)(1).CommentsClose CommentsPermalink
(E) Section 425(a).CommentsClose CommentsPermalink
(F) Section 426.CommentsClose CommentsPermalink
(G) Section 441.CommentsClose CommentsPermalink
(H) Section 443(d).CommentsClose CommentsPermalink
(I) Section 2273(b)(1).CommentsClose CommentsPermalink
(J) Section 2723(a).CommentsClose CommentsPermalink
(2) CAPTION AMENDMENTS- Title 10, United States Code, is further amended by striking `Director of Central Intelligence' each place it appears in the heading of the following provisions and inserting `Director of National Intelligence':CommentsClose CommentsPermalink
(A) Section 441(c).CommentsClose CommentsPermalink
(B) Section 443(d).CommentsClose CommentsPermalink
(b) References to Head of Central Intelligence Agency- Title 10, United States Code, is further amended by striking `Director of Central Intelligence' each place it appears in the following provisions and inserting `Director of the Central Intelligence Agency':CommentsClose CommentsPermalink
(1) Section 431(b)(1).CommentsClose CommentsPermalink
(2) Section 444.CommentsClose CommentsPermalink
(3) Section 1089(g)(1).CommentsClose CommentsPermalink
(c) Other Amendments-
(1) in paragraph (1) of subsection (b), by striking `Before submitting' and all that follows and inserting `In the event of a vacancy in a position referred to in paragraph (2), the making by the Secretary of Defense of a recommendation to the President regarding the appointment of an individual to such position shall be governed by the provisions of section 106(b) of the National Security Act of 1947 (
(2) in subsection (c), by striking `National Foreign Intelligence Program' and inserting `National Intelligence Program'.CommentsClose CommentsPermalink
SEC. 1068. ESTABLISHMENT OF NATIONAL FOREIGN LANGUAGE COORDINATION COUNCIL.
(a) Establishment- There is established in the Executive Office of the President a National Foreign Language Coordination Council (in this section referred to as the `Council').CommentsClose CommentsPermalink
(b) Membership- The Council shall consist of the following members or their designees:CommentsClose CommentsPermalink
(1) The National Language Director, who shall serve as the chairperson of the Council.CommentsClose CommentsPermalink
(2) The Secretary of Education.CommentsClose CommentsPermalink
(3) The Secretary of Defense.CommentsClose CommentsPermalink
(4) The Secretary of State.CommentsClose CommentsPermalink
(5) The Secretary of Homeland Security.CommentsClose CommentsPermalink
(6) The Attorney General.CommentsClose CommentsPermalink
(7) The Director of National Intelligence.CommentsClose CommentsPermalink
(8) The Secretary of Labor.CommentsClose CommentsPermalink
(9) The Director of the Office of Personnel Management.CommentsClose CommentsPermalink
(10) The Director of the Office of Management and Budget.CommentsClose CommentsPermalink
(11) The Secretary of Commerce.CommentsClose CommentsPermalink
(12) The Secretary of Health and Human Services.CommentsClose CommentsPermalink
(13) The Secretary of the Treasury.CommentsClose CommentsPermalink
(14) The Secretary of Housing and Urban Development.CommentsClose CommentsPermalink
(15) The Secretary of Agriculture.CommentsClose CommentsPermalink
(16) The Chairman and President of the Export-Import Bank of the United States.CommentsClose CommentsPermalink
(17) The heads of such other Federal agencies as the Council considers appropriate.CommentsClose CommentsPermalink
(c) Responsibilities-CommentsClose CommentsPermalink
(1) IN GENERAL- The Council shall be charged with--CommentsClose CommentsPermalink
(A) overseeing, coordinating, and implementing the National Security Language Initiative;CommentsClose CommentsPermalink
(B) developing a national foreign language strategy, building upon the efforts of the National Security Language Initiative, within 18 months after the date of the enactment of this Act, in consultation with--CommentsClose CommentsPermalink
(i) State and local government agencies;CommentsClose CommentsPermalink
(ii) academic sector institutions;CommentsClose CommentsPermalink
(iii) foreign language related interest groups;CommentsClose CommentsPermalink
(iv) business associations;CommentsClose CommentsPermalink
(v) industry;CommentsClose CommentsPermalink
(vi) heritage associations; andCommentsClose CommentsPermalink
(vii) other relevant stakeholders;CommentsClose CommentsPermalink
(C) conducting a survey of the status of Federal agency foreign language and area expertise and agency needs for such expertise; andCommentsClose CommentsPermalink
(D) monitoring the implementation of such strategy through--CommentsClose CommentsPermalink
(i) application of current and recently enacted laws; andCommentsClose CommentsPermalink
(ii) the promulgation and enforcement of rules and regulations.CommentsClose CommentsPermalink
(2) STRATEGY CONTENT- The strategy developed under paragraph (1) shall include--CommentsClose CommentsPermalink
(A) recommendations for amendments to title 5, United States Code, in order to improve the ability of the Federal Government to recruit and retain individuals with foreign language proficiency and provide foreign language training for Federal employees;CommentsClose CommentsPermalink
(B) the long term goals, anticipated effect, and needs of the National Security Language Initiative;CommentsClose CommentsPermalink
(C) identification of crucial priorities across all sectors;CommentsClose CommentsPermalink
(D) identification and evaluation of Federal foreign language programs and activities, including--CommentsClose CommentsPermalink
(i) any duplicative or overlapping programs that may impede efficiency;CommentsClose CommentsPermalink
(ii) recommendations on coordination;CommentsClose CommentsPermalink
(iii) program enhancements; andCommentsClose CommentsPermalink
(iv) allocation of resources so as to maximize use of resources;CommentsClose CommentsPermalink
(E) needed national policies and corresponding legislative and regulatory actions in support of, and allocation of designated resources to, promising programs and initiatives at all levels (Federal, State, and local), especially in the less commonly taught languages that are seen as critical for national security and global competitiveness during the next 20 to 50 years;CommentsClose CommentsPermalink
(F) effective ways to increase public awareness of the need for foreign language skills and career paths in all sectors that can employ those skills, with the objective of increasing support for foreign language study among--CommentsClose CommentsPermalink
(i) Federal, State, and local leaders;CommentsClose CommentsPermalink
(ii) students;CommentsClose CommentsPermalink
(iii) parents;CommentsClose CommentsPermalink
(iv) elementary, secondary, and postsecondary educational institutions; andCommentsClose CommentsPermalink
(v) employers;CommentsClose CommentsPermalink
(G) recommendations for incentives for related educational programs, including foreign language teacher training;CommentsClose CommentsPermalink
(H) coordination of cross-sector efforts, including public-private partnerships;CommentsClose CommentsPermalink
(I) coordination initiatives to develop a strategic posture for language research and recommendations for funding for applied foreign language research into issues of national concern;CommentsClose CommentsPermalink
(J) recommendations for assistance for--CommentsClose CommentsPermalink
(i) the development of foreign language achievement standards; andCommentsClose CommentsPermalink
(ii) corresponding assessments for the elementary, secondary, and postsecondary education levels, including the National Assessment of Educational Progress in foreign languages;CommentsClose CommentsPermalink
(K) recommendations for development of--CommentsClose CommentsPermalink
(i) language skill-level certification standards;CommentsClose CommentsPermalink
(ii) frameworks for pre-service and professional development study for those who teach foreign language;CommentsClose CommentsPermalink
(iii) suggested graduation criteria for foreign language studies and appropriate non-language studies, such as--CommentsClose CommentsPermalink
(I) international business;CommentsClose CommentsPermalink
(II) national security;CommentsClose CommentsPermalink
(III) public administration;CommentsClose CommentsPermalink
(IV) health care;CommentsClose CommentsPermalink
(V) engineering;CommentsClose CommentsPermalink
(VI) law;CommentsClose CommentsPermalink
(VII) journalism; andCommentsClose CommentsPermalink
(VIII) sciences;CommentsClose CommentsPermalink
(L) identification of and means for replicating best practices at all levels and in all sectors, including best practices from the international community; andCommentsClose CommentsPermalink
(M) recommendations for overcoming barriers in foreign language proficiency.CommentsClose CommentsPermalink
(3) NATIONAL SECURITY LANGUAGE INITIATIVE- The term `National Security Language Initiative' means the comprehensive national plan of the President announced on January 5, 2006, and under the direction of the Secretaries of State, Education, and Defense and the Director of National Intelligence to expand foreign language education for national security purposes in the United States.CommentsClose CommentsPermalink
(d) Submission of Strategy to President and Congress- Not later than 18 months after the date of enactment of this section, the Council shall prepare and transmit to the President and the relevant committees of Congress the strategy required under subsection (c).CommentsClose CommentsPermalink
(e) Meetings- The Council may hold such meetings, and sit and act at such times and places, as the Council considers appropriate, but shall meet in formal session at least 2 times a year. State and local government agencies and other organizations (such as academic sector institutions, foreign language-related interest groups, business associations, industry, and heritage community organizations) shall be invited, as appropriate, to public meetings of the Council at least once a year.CommentsClose CommentsPermalink
(f) Staff-CommentsClose CommentsPermalink
(1) IN GENERAL- The Director may--CommentsClose CommentsPermalink
(A) appoint, without regard to the provisions of title 5, United States Code, governing the competitive service, such personnel as the Director considers necessary; andCommentsClose CommentsPermalink
(B) compensate such personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title.CommentsClose CommentsPermalink
(2) DETAIL OF GOVERNMENT EMPLOYEES- Upon request of the Council, any Federal Government employee may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilegeCommentsClose CommentsPermalink
(3) EXPERTS AND CONSULTANTS- With the approval of the Council, the Director may procure temporary and intermittent services under
(4) TRAVEL EXPENSES- Council members and staff shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council.CommentsClose CommentsPermalink
(5) SECURITY CLEARANCE-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to subparagraph (B), the appropriate Federal agencies or departments shall cooperate with the Council in expeditiously providing to the Council members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements.CommentsClose CommentsPermalink
(B) EXCEPTION- No person shall be provided with access to classified information under this section without the appropriate required security clearance access.CommentsClose CommentsPermalink
(6) COMPENSATION- The rate of pay for any employee of the Council (including the Director) may not exceed the rate payable for level V of the Executive Schedule under
(g) Powers-CommentsClose CommentsPermalink
(1) DELEGATION- Any member or employee of the Council may, if authorized by the Council, take any action that the Council is authorized to take in this section.CommentsClose CommentsPermalink
(2) INFORMATION-CommentsClose CommentsPermalink
(A) COUNCIL AUTHORITY TO SECURE- The Council may secure directly from any Federal agency such information, consistent with Federal privacy laws, including The Family Educational Rights and Privacy Act (
(B) REQUIREMENT TO FURNISH REQUESTED INFORMATION- Upon request of the Director, the head of such agency shall furnish such information to the Council.CommentsClose CommentsPermalink
(3) DONATIONS- The Council may accept, use, and dispose of gifts or donations of services or property.CommentsClose CommentsPermalink
(4) MAIL- The Council may use the United States mail in the same manner and under the same conditions as other Federal agencies.CommentsClose CommentsPermalink
(h) Conferences, Newsletter, and Website- In carrying out this section, the Council--CommentsClose CommentsPermalink
(1) may arrange Federal, regional, State, and local conferences for the purpose of developing and coordinating effective programs and activities to improve foreign language education;CommentsClose CommentsPermalink
(2) may publish a newsletter concerning Federal, State, and local programs that are effectively meeting the foreign language needs of the nation; andCommentsClose CommentsPermalink
(3) shall create and maintain a website containing information on the Council and its activities, best practices on language education, and other relevant information.CommentsClose CommentsPermalink
(i) Annual Report-CommentsClose CommentsPermalink
(1) REQUIREMENT- Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Council shall prepare and transmit to the President and the relevant committees of Congress a report that describes--CommentsClose CommentsPermalink
(A) the activities of the Council;CommentsClose CommentsPermalink
(B) the efforts of the Council to improve foreign language education and training; andCommentsClose CommentsPermalink
(C) impediments to the use of a National Foreign Language program, including any statutory and regulatory restrictions.CommentsClose CommentsPermalink
(2) RELEVANT COMMITTEES- For purposes of paragraph (1), the relevant committees of Congress include--CommentsClose CommentsPermalink
(A) in the House of Representatives--CommentsClose CommentsPermalink
(i) the Committee on Appropriations;CommentsClose CommentsPermalink
(ii) the Committee on Armed Services;CommentsClose CommentsPermalink
(iii) the Committee on Education and Labor;CommentsClose CommentsPermalink
(iv) the Committee on Oversight and Government Reform;CommentsClose CommentsPermalink
(v) the Committee on Small Business;CommentsClose CommentsPermalink
(vi) the Committee on Foreign Affairs; andCommentsClose CommentsPermalink
(vii) the Permanent Select Committee on Intelligence;CommentsClose CommentsPermalink
(B) in the Senate--CommentsClose CommentsPermalink
(i) the Committee on Appropriations;CommentsClose CommentsPermalink
(ii) the Committee on Armed Services;CommentsClose CommentsPermalink
(iii) the Committee on Health, Education, Labor, and Pensions;CommentsClose CommentsPermalink
(iv) the Committee on Homeland Security and Governmental Affairs;CommentsClose CommentsPermalink
(v) the Committee on Foreign Relations; andCommentsClose CommentsPermalink
(vi) the Select Committee on Intelligence.CommentsClose CommentsPermalink
(j) Establishment of a National Language Director-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established a National Language Director who shall be appointed by the President. The National Language Director shall be a nationally recognized individual with credentials and abilities across the sectors to be involved with creating and implementing long-term solutions to achieving national foreign language and cultural competency.CommentsClose CommentsPermalink
(2) RESPONSIBILITIES- The National Language Director shall--CommentsClose CommentsPermalink
(A) develop and monitor the implementation of a national foreign language strategy, built upon the efforts of the National Security Language Initiative, across all sectors;CommentsClose CommentsPermalink
(B) establish formal relationships among the major stakeholders in meeting the needs of the Nation for improved capabilities in foreign languages and cultural understanding, including Federal, State, and local government agencies, academia, industry, labor, and heritage communities; andCommentsClose CommentsPermalink
(C) coordinate and lead a public information campaign that raises awareness of public and private sector careers requiring foreign language skills and cultural understanding, with the objective of increasing interest in and support for the study of foreign languages among national leaders, the business community, local officials, parents, and individuals.CommentsClose CommentsPermalink
(k) Encouragement of State Involvement-CommentsClose CommentsPermalink
(1) STATE CONTACT PERSONS- The Council shall consult with each State to provide for the designation by each State of an individual to serve as a State contact person for the purpose of receiving and disseminating information and communications received from the Council.CommentsClose CommentsPermalink
(2) STATE INTERAGENCY COUNCILS AND LEAD AGENCIES- Each State is encouraged to establish a State interagency council on foreign language coordination or designate a lead agency for the State for the purpose of assuming primary responsibility for coordinating and interacting with the Council and State and local government agencies as necessary.CommentsClose CommentsPermalink
(l) Congressional Notification- The Council shall provide to Congress such information as may be requested by Congress, through reports, briefings, and other appropriate means.CommentsClose CommentsPermalink
SEC. 1069. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS OF AIRCRAFT UNDER CONTRACT WITH THE ARMED FORCES.
(a) Definition of Public Aircraft-
(1) by inserting `or an operational support service' after `transportation'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new sentence: `The term `an operational support service' means a mission performed by an aircraft operator that uses fixed or rotary winged aircraft to provide a service other than transportation.'.CommentsClose CommentsPermalink
(b) Armed Forces Operational Mission- Section 40125(c) of such title is amended--CommentsClose CommentsPermalink
(1) in paragraph (1)(C), by inserting `or an operational support service' after `transportation'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(3) COMPLIANCE WITH FEDERAL AVIATION REGULATIONS- If the Secretary of Defense (or the Secretary of the department in which the Coast Guard is operating) does not make a designation under paragraph (1)(C) with regard to a chartered aircraft, the transportation or operational support service provided to the armed forces by such aircraft shall be in compliance with the Federal Aviation Regulations under title 14, Code of Federal Regulations.'.CommentsClose CommentsPermalink
(c) Technical Corrections-CommentsClose CommentsPermalink
(1) Section 40125(b) of such title is amended by striking `40102(a)(37)' and inserting `40102(a)(41)'.CommentsClose CommentsPermalink
(2) Section 40125(c)(1) of such title is amended by striking `40102(a)(37)(E)' appears and inserting `40102(a)(41)(E)'.CommentsClose CommentsPermalink
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. COMPENSATION OF FEDERAL WAGE SYSTEM EMPLOYEES FOR CERTAIN TRAVEL HOURS.
SEC. 1102. RETIREMENT SERVICE CREDIT FOR SERVICE AS CADET OR MIDSHIPMAN AT A MILITARY SERVICE ACADEMY.
(a) Civil Service Retirement System-
(b) Federal Employees' Retirement System- Section 8401(31) of such title is amended by striking `but' and inserting `and includes service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, but'.CommentsClose CommentsPermalink
(c) Applicability- The amendments made by this section shall apply to--CommentsClose CommentsPermalink
(1) any annuity, eligibility for which is based upon a separation occurring before, on, or after the date of enactment of this Act; andCommentsClose CommentsPermalink
(2) any period of service as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, occurring before, on, or after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 1103. CONTINUATION OF LIFE INSURANCE COVERAGE FOR FEDERAL EMPLOYEES CALLED TO ACTIVE DUTY.
`(5) In the case of an employee enrolled in life insurance under this chapter who is a member of a reserve component of the armed forces called or ordered to active duty, is placed on leave without pay to perform active duty pursuant to such call or order, and serves on active duty pursuant to such call or order for a period of more than 30 consecutive days, the life insurance of the employee under this chapter may continue for up to 24 months after discontinuance of pay by reason of the performance of such active duty.'.CommentsClose CommentsPermalink
SEC. 1104. DEPARTMENT OF DEFENSE NATIONAL SECURITY PERSONNEL SYSTEM.
(a) Exclusion of Wage-Grade Employees- Subsection (b) of
(1) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; andCommentsClose CommentsPermalink
(2) by inserting after paragraph (3) the following new paragraph (4):CommentsClose CommentsPermalink
`(4) not apply to any prevailing rate employees, as defined in section 5342(a)(2);'.CommentsClose CommentsPermalink
(b) Clarification of Requirements Regarding Labor-Management Relations-CommentsClose CommentsPermalink
(1) IN GENERAL- Such section is further amended by striking subsection (m).CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS- Such section is further amended--CommentsClose CommentsPermalink
(A) in subsection (f)(1)(D)(i), by inserting `subject to the requirements of chapter 71,' before `develop a method'; andCommentsClose CommentsPermalink
(B) in subsection (g)(2)--CommentsClose CommentsPermalink
(i) in subparagraph (B), by inserting `and' at the end;CommentsClose CommentsPermalink
(ii) in subparagraph (C), by striking `; and' and inserting a period; andCommentsClose CommentsPermalink
(iii) by striking subparagraph (D).CommentsClose CommentsPermalink
(3) CONSTRUCTION OF PAY ESTABLISHMENT OR ADJUSTMENT- Subsection (e) of such section is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(6) Any rate of pay established or adjusted in accordance with the requirements of this section shall be a matter covered by section 7103(a)(14)(C) of this title.'.CommentsClose CommentsPermalink
SEC. 1105. AUTHORITY TO WAIVE LIMITATION ON PREMIUM PAY FOR FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS UNDER AREAS OF UNITED STATES CENTRAL COMMAND.
(a) Waiver Authority-CommentsClose CommentsPermalink
(1) IN GENERAL- Notwithstanding
(A) a military operation, including a contingency operation; orCommentsClose CommentsPermalink
(B) an operation in response to a declared emergency.CommentsClose CommentsPermalink
(2) LIMITATION- The total compensation payable to an employee pursuant to a waiver under this subsection in a calendar year may not exceed $212,100.CommentsClose CommentsPermalink
(b) Additional Pay Not Considered Basic Pay- To the extent that a waiver under subsection (a) results in payment of additional premium pay of a type that is normally creditable as basic pay for retirement or any other purpose, such additional pay shall not be considered to be basic pay for any purpose, nor shall such additional pay be used in computing a lump-sum payment for accumulated and accrued annual leave under
(c) Regulations- The Director of the Office of Personnel Management may prescribe regulations to ensure appropriate consistency among heads of Executive agencies in the exercise of the authority granted by this section.CommentsClose CommentsPermalink
SEC. 1106. AUTHORITY FOR INCLUSION OF CERTAIN OFFICE OF DEFENSE RESEARCH AND ENGINEERING POSITIONS IN EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC AND TECHNICAL PERSONNEL.
Section 1101(b)(1) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (
(1) in subparagraph (B), by striking `and' at the end;CommentsClose CommentsPermalink
(2) in subparagraph (C), by adding `and' at the end; andCommentsClose CommentsPermalink
(3) by adding after subparagraph (C) the following new subparagraph (D):CommentsClose CommentsPermalink
`(D) not more than a total of 20 scientific and engineering positions in the Office of the Director of Defense Research and Engineering;'.CommentsClose CommentsPermalink
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. AUTHORITY TO EQUIP AND TRAIN FOREIGN PERSONNEL TO ASSIST IN ACCOUNTING FOR MISSING UNITED STATES PERSONNEL.
(a) In General- Chapter 20 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`Sec. 408. Equipment and training of foreign personnel to assist in Department of Defense accounting for missing United States personnel
`(a) In General- The Secretary of Defense may, with the concurrence of the Secretary of State, provide assistance to any foreign nation to assist the Department of Defense with recovery of and accounting for missing United States personnel.CommentsClose CommentsPermalink
`(b) Types of Assistance- The assistance provided under subsection (a) may include the following:CommentsClose CommentsPermalink
`(1) Equipment.CommentsClose CommentsPermalink
`(2) Supplies.CommentsClose CommentsPermalink
`(3) Services.CommentsClose CommentsPermalink
`(4) Training of personnel.CommentsClose CommentsPermalink
`(c) Limitation- The amount of assistance provided under this section in any fiscal year may not exceed $1,000,000.CommentsClose CommentsPermalink
`(d) Construction With Other Assistance- The authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations under law.CommentsClose CommentsPermalink
`(e) Annual Reports- (1) Not later than December 31 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the assistance provided under this section during the fiscal year ending in such year.CommentsClose CommentsPermalink
`(2) Each report under paragraph (1) shall include, for the fiscal year covered by such report, the following:CommentsClose CommentsPermalink
`(A) A statement of each foreign nation provided assistance under this section.CommentsClose CommentsPermalink
`(B) For each nation so provided assistance, a description of the type and amount of such assistance.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 20 of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink
`408. Equipment and training of foreign personnel to assist in Department of Defense accounting for missing United States personnel.'.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall take effect on October 1, 2007.CommentsClose CommentsPermalink
SEC. 1202. EXTENSION AND ENHANCEMENT OF AUTHORITY FOR SECURITY AND STABILIZATION ASSISTANCE.
(a) Increase in Amount of Authorized Assistance- Subsection (b) of section 1207 of the National Defense Authorization Act for Fiscal Year 2006 (
(b) Program for Assistance- Such section is further amended--CommentsClose CommentsPermalink
(1) by redesignating subsections (d), (e), and (f) as subsection (e), (f), and (g), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (c) the following new subsection (d):CommentsClose CommentsPermalink
`(d) Formulation and Implementation of Program for Assistance- The Secretary of State shall coordinate with the Secretary of Defense in the formulation and implementation of a program of reconstruction, security, or stabilization assistance to a foreign country that involves the provision of services or transfer of defense articles or funds under subsection (a).'.CommentsClose CommentsPermalink
(c) One-Year Extension- Subsection (g) of such section, as redesignated by subsection (b) of this section, is amended by striking `September 30, 2007' and inserting `September 30, 2008'.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section shall take effect on October 1, 2007.CommentsClose CommentsPermalink
SEC. 1203. COMMANDERS' EMERGENCY RESPONSE PROGRAM.
(a) Authority for Fiscal Year 2008- During fiscal year 2008, from funds made available to the Department of Defense for operation and maintenance for such fiscal year, not to exceed $977,441,000 may be used by the Secretary of Defense in such fiscal year to provide funds--CommentsClose CommentsPermalink
(1) for the Commanders' Emergency Response Program in Iraq for the purpose of enabling United States military commanders in Iraq to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the Iraqi people; andCommentsClose CommentsPermalink
(2) for a similar program to assist the people of Afghanistan.CommentsClose CommentsPermalink
(b) Waiver Authority- For purposes of exercising the authority provided by this section or any other provision of law making funds available for the Commanders' Emergency Response Program in Iraq or any similar program to assist the people of Afghanistan, the Secretary may waive any provision of law not contained in this section that would (but for the waiver) prohibit, restrict, limit, or otherwise constrain the exercise of that authority.CommentsClose CommentsPermalink
(c) Quarterly Reports- Not later than 15 days after the end of each fiscal-year quarter of fiscal year 2008, the Secretary shall submit to the congressional defense committees a report regarding the source of funds and the allocation and use of funds during that quarter that were made available pursuant to the authority provided in this section or under any other provision of law for the purposes of the programs referred to in subsection (a).CommentsClose CommentsPermalink
(d) Submittal of Modifications of Guidance- In the event any modification is made after the date of the enactment of this Act in the guidance issued to the Armed Forces by the Under Secretary of Defense (Comptroller) on February 18, 2005, concerning the allocation of funds through the Commanders' Emergency Response Program in Iraq and any similar program to assist the people of Afghanistan, the Secretary shall submit to the congressional defense committees a copy of such modification not later than 15 days after the date of such modification.CommentsClose CommentsPermalink
SEC. 1204. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON GLOBAL PEACE OPERATIONS INITIATIVE.
(a) Report Required- Not later than March 1, 2008, the Comptroller General of the United States shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report assessing the Global Peace Operations Initiative.CommentsClose CommentsPermalink
(b) Content- The report required under subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) An assessment of whether, and to what extent, the Global Peace Operations Initiative has met the goals set by the President at the inception of the program in 2004.CommentsClose CommentsPermalink
(2) Which goals, if any, remain unfulfilled.CommentsClose CommentsPermalink
(3) A description of activities conducted by each member state of the Group of Eight (G-8), including the approximate cost of the activities, and the approximate percentage of the total monetary value of the activities conducted by each G-8 member, including the United States, as well as efforts by the President to seek contributions or participation by other G-8 members.CommentsClose CommentsPermalink
(4) A description of any activities conducted by non-G-8 members, or other organizations and institutions, as well as any efforts by the President to solicit contributions or participation.CommentsClose CommentsPermalink
(5) A description of the extent to which the Global Peace Operations Initiative has had global participation.CommentsClose CommentsPermalink
(6) A description of the administration of the program by the Department of State and Department of Defense, including--CommentsClose CommentsPermalink
(A) whether each Department should concentrate administration in one office or bureau, and if so, which one;CommentsClose CommentsPermalink
(B) the extent to which the two Departments coordinate and the quality of their coordination; andCommentsClose CommentsPermalink
(C) the extent to which contractors are used and an assessment of the quality and timeliness of the results achieved by the contractors, and whether the United States Government might have achieved similar or better results without contracting out functions.CommentsClose CommentsPermalink
(7) A description of the metrics, if any, that are used by the President and the G-8 to measure progress in implementation of the Global Peace Operations Initiative, including--CommentsClose CommentsPermalink
(A) assessments of the quality and sustainability of the training of individual soldiers and units;CommentsClose CommentsPermalink
(B) the extent to which the G-8 and participating countries maintain records or databases of trained individuals and units and conduct inspections to measure and monitor the continued readiness of such individuals and units;CommentsClose CommentsPermalink
(C) the extent to which the individuals and units are equipped and remain equipped to deploy in peace operations; andCommentsClose CommentsPermalink
(D) the extent to which, the timeline by which, and how individuals and units can be mobilized for peace operations.CommentsClose CommentsPermalink
(8) The extent to which, the timeline by which, and how individuals and units can be and are being deployed to peace operations.CommentsClose CommentsPermalink
(9) An assessment of whether individuals and units trained under the Global Peace Operations Initiative have been utilized in peace operations subsequent to receiving training under the Initiative, whether they will be deployed to upcoming operations in Africa and elsewhere, and the extent to which such individuals and units would be prepared to deploy and participate in such peace operations.CommentsClose CommentsPermalink
(10) Recommendations as to whether participation in the Global Peace Operations Initiative should require reciprocal participation by countries in peace operations.CommentsClose CommentsPermalink
(11) Any additional measures that could be taken to enhance the effectiveness of the Global Peace Operations Initiative in terms of--CommentsClose CommentsPermalink
(A) achieving its stated goals; andCommentsClose CommentsPermalink
(B) ensuring that individuals and units trained as part of the Initiative are regularly participating in peace operations.CommentsClose CommentsPermalink
Subtitle B--Other Authorities and Limitations
SEC. 1211. COOPERATIVE OPPORTUNITIES DOCUMENTS UNDER COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS WITH NATO ORGANIZATIONS AND OTHER ALLIED AND FRIENDLY FOREIGN COUNTRIES.
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking `(A)';CommentsClose CommentsPermalink
(B) by striking `an arms cooperation opportunities document' and inserting `a cooperative opportunities document before the first milestone or decision point'; andCommentsClose CommentsPermalink
(C) by striking subparagraph (B); andCommentsClose CommentsPermalink
(2) in paragraph (2), by striking `An arms cooperation opportunities document' and inserting `A cooperative opportunities document'.CommentsClose CommentsPermalink
SEC. 1212. EXTENSION AND EXPANSION OF TEMPORARY AUTHORITY TO USE ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND MILITARY EQUIPMENT FOR PERSONNEL PROTECTION AND SURVIVABILITY.
(a) Expansion to Nations Engaged in Certain Peacekeeping Operations- Subsection (a) of section 1202 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(1) in paragraph (1), by inserting `or participating in combined operations with the United States as part of a peacekeeping operation under the Charter of the United Nations or another international agreement' after `Iraq or Afghanistan'; andCommentsClose CommentsPermalink
(2) in paragraph (3) by inserting `, or in a peacekeeping operation described in paragraph (1), as applicable,' after `Iraq or Afghanistan'.CommentsClose CommentsPermalink
(b) One-Year Extension- Subsection (e) of such section is amended by striking `September 30, 2008' and inserting `September 30, 2009'.CommentsClose CommentsPermalink
(c) Conforming Amendment- The heading of such section is amended by striking `foreign forces in iraq and afghanistan' and inserting `certain foreign forces'.CommentsClose CommentsPermalink
SEC. 1213. ACCEPTANCE OF FUNDS FROM THE GOVERNMENT OF PALAU FOR COSTS OF MILITARY CIVIC ACTION TEAMS.
Section 104(a) of
(1) by inserting `(1)' before `In recognition'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(2) The Secretary of Defense may accept from the Government of Palau the amount available for the use of the Government of Palau under paragraph (1). Any amount so accepted by the Secretary under this paragraph shall be credited to the appropriation or account available to the Department of Defense for the Civic Action Team with respect to which such amount is so accepted. Amounts so credited shall be merged with the appropriation or account to which credited, and shall be available to the Civic Action Team for the same purposes, and subject to the same conditions and limitations, as the appropriation or account with which merged.'.CommentsClose CommentsPermalink
SEC. 1214. EXTENSION OF PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN MULTINATIONAL MILITARY CENTERS OF EXCELLENCE.
(a) Extension of Participation- Section 1205 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(1) in subsection (a), by striking `fiscal year 2007' and inserting `during fiscal years 2007 and 2008'; andCommentsClose CommentsPermalink
(2) in subsection (e)(2), by inserting `or 2008' after `in fiscal year 2007'.CommentsClose CommentsPermalink
(b) Reporting Requirements- Subsection (g) of such section is amended--CommentsClose CommentsPermalink
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking `October 31, 2007,' and inserting `October 31 of each of 2007 and 2008,'; andCommentsClose CommentsPermalink
(B) by striking `fiscal year 2007' and inserting `fiscal year 2007 or 2008, as applicable'; andCommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) in the matter preceding subparagraph (A)--CommentsClose CommentsPermalink
(i) by striking `The report' and inserting `Each report'; andCommentsClose CommentsPermalink
(ii) by inserting `, for the fiscal year covered by such report,' after `shall include'; andCommentsClose CommentsPermalink
(B) in subparagraph (A), by striking `fiscal year 2007'.CommentsClose CommentsPermalink
SEC. 1215. LIMITATION ON ASSISTANCE TO THE GOVERNMENT OF THAILAND.
(a) Limitation- Notwithstanding any other provision of law, no funds authorized to be appropriated by this Act may be obligated or expended to provide direct assistance to the Government of Thailand unless the President certifies to the congressional defense committees that a democratically-elected government has taken office in Thailand on or after October 1, 2007.CommentsClose CommentsPermalink
(b) Exception- The limitation in subsection (a) shall not apply with respect to funds as follows:CommentsClose CommentsPermalink
(1) Amounts authorized to be appropriated for Overseas Humanitarian, Disaster, and Civic Aid.CommentsClose CommentsPermalink
(2) Amounts otherwise authorized to be appropriated by this Act and available for humanitarian or emergency assistance for other nations.CommentsClose CommentsPermalink
(c) Waiver- The President may waive the limitation in subsection (a) if the President certifies to the congressional defense committees in writing that the waiver of the limitation is in the national security interests of the United States.CommentsClose CommentsPermalink
SEC. 1216. PRESIDENTIAL REPORT ON POLICY OBJECTIVES AND UNITED STATES STRATEGY REGARDING IRAN.
Not more than 75 percent of the amount authorized to be appropriated by this Act and available for the Office of the Under Secretary of Defense for Policy may be obligated or expended for that purpose until the President submits to Congress the report required by section 1213(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
SEC. 1217. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS PENDING IMPLEMENTATION OF REQUIREMENTS REGARDING NORTH KOREA.
Notwithstanding any other provision of law, no funds authorized to be appropriated for the Department of Defense by this Act or any other Act for the provision of security and stabilization assistance as authorized by section 1207 of the National Defense Authorization Act for Fiscal Year 2006 (as amended by section 1202 of this Act) may be obligated or expended for that purpose until the President certifies to Congress that all the provisions of section 1211 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
Subtitle C--Reports
SEC. 1231. REPORTS ON UNITED STATES POLICY AND MILITARY OPERATIONS IN AFGHANISTAN.
(a) Reports Required- Not later than 60 days after the date of the enactment of this Act and every 180 days thereafter through the end of fiscal year 2009, the President shall submit to the congressional defense committees a report on United States policy and military operations in Afghanistan.CommentsClose CommentsPermalink
(b) Elements- Each report required by subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) A comprehensive strategy, coordinated between and among the departments and agencies of the United States Government, for achieving the objectives of United States policy and military operations in Afghanistan.CommentsClose CommentsPermalink
(2) A description of current and proposed efforts to assist the Government of Afghanistan in increasing the size and capability of the Afghan Security Forces, including key criteria for measuring the capabilities and readiness of the Afghan National Army, the Afghan National Police, and other Afghan security forces.CommentsClose CommentsPermalink
(3) A description of current and proposed efforts of the United States Government to work with coalition partners to strengthen the International Security Assistance Force (ISAF) led by the North Atlantic Treaty Organization (NATO) in Afghanistan, including efforts--CommentsClose CommentsPermalink
(A) to encourage North Atlantic Treaty Organization members to make or fulfill commitments to meet North Atlantic Treaty Organization mission requirements with respect to the International Security Assistance Force; andCommentsClose CommentsPermalink
(B) to remove national restrictions on the use of forces of members of the North Atlantic Treaty Organization deployed as part of the International Security Assistance Force mission.CommentsClose CommentsPermalink
(4) A description of current and proposed efforts to improve provincial governance and expand economic development in the provinces of Afghanistan, including--CommentsClose CommentsPermalink
(A) a statement of the mission and objectives of the Provincial Reconstruction Teams in Afghanistan;CommentsClose CommentsPermalink
(B) a description of the number, funding (including the sources of funding), staffing requirements, and current staffing levels of the Provincial Reconstruction Teams, set forth by United States Government agency;CommentsClose CommentsPermalink
(C) an evaluation of the effectiveness of each Provincial Reconstruction Team, including each team under the command of the United States and each team under the command of the International Security Assistance Force, in achieving its mission and objectives; andCommentsClose CommentsPermalink
(D) a description of the collaboration, if any, between the United States Agency for International Development and Special Operations Forces in such efforts, and an assessment of the results of such collaboration.CommentsClose CommentsPermalink
(5) With respect to current counternarcotics efforts in Afghanistan--CommentsClose CommentsPermalink
(A) a description of the counternarcotics plan of the United States Government in Afghanistan, including a statement of priorities among United States counterdrug activities (including interdiction, eradication, and alternative livelihood programs) within that plan, and a description of the specific resources allocated for each such activity;CommentsClose CommentsPermalink
(B) a description of the counternarcotics roles and missions assumed by the local and provincial governments of Afghanistan, the Government of Afghanistan, particular departments and agencies of the United States Government, the International Security Assistance Force, and other governments;CommentsClose CommentsPermalink
(C) a description of the extent, if any, to which counternarcotics operations in or with respect to Afghanistan have been determined to constitute a United States military mission, and the justification for that determination;CommentsClose CommentsPermalink
(D) a description of United States efforts to destroy drug manufacturing facilities; andCommentsClose CommentsPermalink
(E) a description of United States efforts to apprehend or eliminate major drug traffickers in Afghanistan, and a description of the extent to which such drug traffickers are currently assisting United States counterterrorist efforts.CommentsClose CommentsPermalink
(6) A description of current and proposed efforts to help the Government of Afghanistan fight public corruption and strengthen the rule of law.CommentsClose CommentsPermalink
(7) A description of current and proposed diplomatic and other efforts to encourage and assist the Government of Pakistan to eliminate safe havens for Taliban, Al Qaeda, and other extremists within the territory of Pakistan which threaten the stability of Afghanistan, and an evaluation of the cooperation of the Government of Pakistan in eliminating such safe havens.CommentsClose CommentsPermalink
(c) Form- Each report required by subsection (a) shall be submitted in unclassified form to the maximum extent practicable, but may include a classified annex.CommentsClose CommentsPermalink
SEC. 1232. STRATEGY FOR ENHANCING SECURITY IN AFGHANISTAN BY ELIMINATING SAFE HAVENS FOR VIOLENT EXTREMISTS IN PAKISTAN.
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) Since September 11, 2001, the Government of Pakistan has been an important partner in helping the United States remove the Taliban regime from Afghanistan.CommentsClose CommentsPermalink
(2) In early September 2006, the Government of Pakistan signed a peace agreement with pro-Taliban militants in Miramshah, North Waziristan, Pakistan. Under the agreement, local tribesmen in North Waziristan agreed to halt cross-border movement of pro-Taliban insurgents from the North Waziristan area to Afghanistan and to remove all foreigners who do not respect the peace and abide by the agreement.CommentsClose CommentsPermalink
(3) In late September 2006, United States military officials in Kabul, Afghanistan, reported two-fold, and in cases three-fold, increases in the number of cross-border attacks along the Afghanistan border with Pakistan in the weeks following the signing of the agreement referred to in paragraph (2).CommentsClose CommentsPermalink
(4) On February 13, 2007, Lieutenant General Karl W. Eikenberry, the former commanding general of Combined Forces Command--Afghanistan, stated in a written statement to the Committee on Armed Services of the House of Representatives that `Al Qaeda and Taliban leadership presence inside Pakistan remains a significant problem that must be satisfactorily addressed if we are to prevail in Afghanistan and if we are to defeat the global threat posed by international terrorism'.CommentsClose CommentsPermalink
(5) On February 27, 2007, John McConnell, the Director of National Intelligence, stated in a written statement to the Committee on Armed Services of the Senate that `[e]liminating the safehaven that the Taliban and other extremists have found in Pakistan's tribal areas is not sufficient to end the insurgency in Afghanistan but it is necessary'.CommentsClose CommentsPermalink
(b) Strategy Relating to Pakistan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 90 days after the date of the enactment of this Act, the President shall submit to the congressional defense committees a report describing the long-term strategy of the United States to engage with the Government of Pakistan--CommentsClose CommentsPermalink
(A) to prevent the movement of Taliban, Al Qaeda, and other violent extremist forces across the border of Pakistan into Afghanistan; andCommentsClose CommentsPermalink
(B) to eliminate safe havens for such forces on the national territory of Pakistan.CommentsClose CommentsPermalink
(2) FORM- The report shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
(c) Limitation on Availability of Department of Defense Coalition Support Funds for Pakistan-CommentsClose CommentsPermalink
(1) LIMITATION- For fiscal years 2008 and 2009, the Government of Pakistan may not be reimbursed in any fiscal year quarter for the provision to the United States of logistical, military, or other support utilizing funds appropriated or otherwise made available by an Act making supplemental appropriations for fiscal year 2007 for operations in Iraq and Afghanistan, or any other Act, for the purpose of making payments to reimburse key cooperating nations for the provision to the United States of such support unless the President certifies to the congressional defense committees for such fiscal year quarter that the Government of Pakistan is making substantial and sustained efforts to eliminate safe havens for the Taliban, Al Qaeda and other violent extremists in areas under its sovereign control, including in the cities of Quetta and Chaman and in the Northwest Frontier Province and the Federally Administered Tribal Areas.CommentsClose CommentsPermalink
(2) CONTENT OF CERTIFICATION- Each certification submitted under paragraph (1) shall include a detailed description of the efforts made by the Government of Pakistan to eliminate safe havens for the Taliban, Al Qaeda, and other violent extremists in areas under its sovereign control.CommentsClose CommentsPermalink
(3) FORM- Each certification submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
(4) WAIVER- The President may waive the limitation on reimbursements under paragraph (1) for a fiscal year quarter if the President determines and certifies to the congressional defense committees that it is important to the national security interest of the United States to do so.CommentsClose CommentsPermalink
SEC. 1233. ONE-YEAR EXTENSION OF UPDATE ON REPORT ON CLAIMS RELATING TO THE BOMBING OF THE LABELLE DISCOTHEQUE.
Section 1225(b)(2) of the National Defense Authorization Act for Fiscal Year 2006 (
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER SOVIET UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND FUNDS.
(a) Specification of Cooperative Threat Reduction Programs- For purposes of section 301 and other provisions of this Act, Cooperative Threat Reduction programs are the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (
(b) Fiscal Year 2008 Cooperative Threat Reduction Funds Defined- As used in this title, the term `fiscal year 2008 Cooperative Threat Reduction funds' means the funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs.CommentsClose CommentsPermalink
(c) Availability of Funds- Funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs shall be available for obligation for three fiscal years.CommentsClose CommentsPermalink
SEC. 1302. FUNDING ALLOCATIONS.
(a) Funding for Specific Purposes- Of the $428,048,000 authorized to be appropriated to the Department of Defense for fiscal year 2008 in section 301(19) for Cooperative Threat Reduction programs, the following amounts may be obligated for the purposes specified:CommentsClose CommentsPermalink
(1) For strategic offensive arms elimination in Russia, $102,885,000.CommentsClose CommentsPermalink
(2) For nuclear weapons storage security in Russia, $22,988,000.CommentsClose CommentsPermalink
(3) For nuclear weapons transportation security in Russia, $37,700,000.CommentsClose CommentsPermalink
(4) For weapons of mass destruction proliferation prevention in the states of the former Soviet Union, $51,986,000.CommentsClose CommentsPermalink
(5) For biological weapons proliferation prevention in the former Soviet Union, $194,489,000.CommentsClose CommentsPermalink
(6) For chemical weapons destruction in Russia, $1,000,000.CommentsClose CommentsPermalink
(7) For threat reduction outside the former Soviet Union, $10,000,000.CommentsClose CommentsPermalink
(8) For defense and military contacts, $8,000,000.CommentsClose CommentsPermalink
(9) For activities designated as Other Assessments/Administrative Support, $19,000,000.CommentsClose CommentsPermalink
(b) Report on Obligation or Expenditure of Funds for Other Purposes- No fiscal year 2008 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than a purpose listed in paragraphs (1) through (9) of subsection (a) until 30 days after the date that the Secretary of Defense submits to Congress a report on the purpose for which the funds will be obligated or expended and the amount of funds to be obligated or expended. Nothing in the preceding sentence shall be construed as authorizing the obligation or expenditure of fiscal year 2008 Cooperative Threat Reduction funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under this title or any other provision of law.CommentsClose CommentsPermalink
(c) Limited Authority To Vary Individual Amounts-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to paragraph (2), in any case in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may obligate amounts appropriated for fiscal year 2008 for a purpose listed in paragraphs (1) through (9) of subsection (a) in excess of the specific amount authorized for that purpose.CommentsClose CommentsPermalink
(2) NOTICE-AND-WAIT REQUIRED- An obligation of funds for a purpose stated in paragraphs (1) through (9) of subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided in paragraph (1) only after--CommentsClose CommentsPermalink
(A) the Secretary submits to Congress notification of the intent to do so together with a complete discussion of the justification for doing so; andCommentsClose CommentsPermalink
(B) 15 days have elapsed following the date of the notification.CommentsClose CommentsPermalink
SEC. 1303. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS IN STATES OUTSIDE THE FORMER SOVIET UNION.
Section 1501 of the National Defense Authorization Act for Fiscal Year 1997 (
(1) in subsection (a), by striking `subsection (b)' and inserting `subsections (b) and (c)'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(c) Specified Programs With Respect to States Outside the Former Soviet Union- The programs referred to in subsection (a) are the following programs with respect to states that are not states of the former Soviet Union:CommentsClose CommentsPermalink
`(1) Programs to facilitate the elimination, and safe and secure transportation and storage, of biological, or chemical weapons, materials, weapons components, or weapons-related materials.CommentsClose CommentsPermalink
`(2) Programs to prevent the proliferation of nuclear, chemical, or biological weapons, weapons components, and weapons-related military technology and expertise.CommentsClose CommentsPermalink
`(3) Programs to facilitate detection and reporting of highly pathogenic diseases or other diseases that are associated with or that could be utilized as an early warning mechanism for disease outbreaks that could impact the Armed Forces of the United States or allies of the United States.'.CommentsClose CommentsPermalink
SEC. 1304. MODIFICATION OF AUTHORITY TO USE COOPERATIVE THREAT REDUCTION FUNDS OUTSIDE THE FORMER SOVIET UNION.
Section 1308 of the National Defense Authorization Act for Fiscal Year 2004 (
(1) in subsection (a), by striking `the President' the second place it appears and inserting `the Secretary of Defense, with the concurrence of the Secretary of State,'; andCommentsClose CommentsPermalink
(2) in subsection (d)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking `the President' the second place it appears and inserting `the Secretary of Defense, with the concurrence of the Secretary of State,'; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking `the President' and inserting `the Secretary of Defense and the Secretary of State'.CommentsClose CommentsPermalink
SEC. 1305. REPEAL OF RESTRICTIONS ON ASSISTANCE TO STATES OF THE FORMER SOVIET UNION FOR COOPERATIVE THREAT REDUCTION.
(a) In General-CommentsClose CommentsPermalink
(1) SOVIET NUCLEAR THREAT REDUCTION ACT OF 1991- The Soviet Nuclear Threat Reduction Act of 1991 (title II of
(A) by striking section 211; andCommentsClose CommentsPermalink
(B) in section 212, by striking `, consistent with the findings stated in section 211,'.CommentsClose CommentsPermalink
(2) COOPERATIVE THREAT REDUCTION ACT OF 1993- Section 1203 of the Cooperative Threat Reduction Act of 1993 (
(3) RUSSIAN CHEMICAL WEAPONS DESTRUCTION FACILITIES- Section 1305 of the National Defense Authorization Act for Fiscal Year 2000 (
(4) CONFORMING REPEAL- Section 1303 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (
(b) Inapplicability of Other Restrictions- Section 502 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (
SEC. 1306. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION OF PROLIFERATION OF BIOLOGICAL WEAPONS.
(a) Study Required- Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an arrangement with the National Academy of Sciences under which the Academy shall carry out a study to identify areas for cooperation with states other than states of the former Soviet Union under the Cooperative Threat Reduction program of the Department of Defense in the prevention of proliferation of biological weapons.CommentsClose CommentsPermalink
(b) Matters To Be Included in Study- The Secretary shall provide for the study under subsection (a) to include the following:CommentsClose CommentsPermalink
(1) An assessment of trends in the biological sciences and biotechnology that will affect the capabilities of governments of developing countries to control the containment and use of dual-use technologies of potential interest to terrorist organizations or individuals with hostile intentions.CommentsClose CommentsPermalink
(2) An assessment of the approaches to cooperative threat reduction used by the states of the former Soviet Union that are of special relevance in preventing the proliferation of biological weapons in other areas of the world.CommentsClose CommentsPermalink
(3) A review of programs of the United States Government and other governments, international organizations, foundations, and other private sector entities used in developing countries that are not states of the former Soviet Union that may contribute to the prevention of the proliferation of biological weapons.CommentsClose CommentsPermalink
(4) Recommendations on steps for integrating activities of the Cooperative Threat Reduction program relating to the prevention of the proliferation of biological weapons with activities of other departments and agencies of the United States addressing problems and opportunities in developing countries that are not states of the former Soviet Union.CommentsClose CommentsPermalink
(c) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than December 31, 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 study carried out under subsection (a).CommentsClose CommentsPermalink
(2) MATTERS TO BE INCLUDED- The report under paragraph (1) shall include the following:CommentsClose CommentsPermalink
(A) The results of the study carried out under subsection (a), including any report received by the Secretary from the National Academy of Sciences on the study.CommentsClose CommentsPermalink
(B) An assessment by the Secretary of the study.CommentsClose CommentsPermalink
(C) A statement of the actions, if any, to be undertaken by the Secretary to implement any recommendations in the study.CommentsClose CommentsPermalink
(3) FORM- The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
(d) Funding- Of the amount authorized to be appropriated by section 301(18) for Cooperative Threat Reduction programs, not more than $2,500,000 may be obligated or expended to carry out this section.CommentsClose CommentsPermalink
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows:CommentsClose CommentsPermalink
(1) For the Defense Working Capital Funds, $102,446,000.CommentsClose CommentsPermalink
(2) For the Defense Working Capital Fund, Defense Commissary, $1,250,300,000.CommentsClose CommentsPermalink
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the National Defense Sealift Fund in the amount of $1,044,194,000.CommentsClose CommentsPermalink
SEC. 1403. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $22,543,124,000, of which--CommentsClose CommentsPermalink
(1) $22,044,381,000 is for Operation and Maintenance;CommentsClose CommentsPermalink
(2) $136,482,000 is for Research, Development, Test, and Evaluation; andCommentsClose CommentsPermalink
(3) $362,261,000 is for Procurement.CommentsClose CommentsPermalink
SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, in the amount of $1,491,724,000, of which--CommentsClose CommentsPermalink
(1) $1,186,452,000 is for Operation and Maintenance;CommentsClose CommentsPermalink
(2) $274,846,000 is for Research, Development, Test, and Evaluation; andCommentsClose CommentsPermalink
(3) $30,426,000 is for Procurement.CommentsClose CommentsPermalink
(b) Use- Amounts authorized to be appropriated under subsection (a) are authorized for--CommentsClose CommentsPermalink
(1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (
(2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.CommentsClose CommentsPermalink
SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $959,322,000.CommentsClose CommentsPermalink
SEC. 1406. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $225,995,000, of which--CommentsClose CommentsPermalink
(1) $224,995,000 is for Operation and Maintenance; andCommentsClose CommentsPermalink
(2) $1,000,000 is for Procurement.CommentsClose CommentsPermalink
SEC. 1407. REDUCTION IN CERTAIN AUTHORIZATIONS DUE TO SAVINGS FROM LOWER INFLATION.
(a) Reduction- The aggregate amount authorized to be appropriated by this division is the amount equal to the sum of all the amounts authorized to be appropriated by the provisions of this division reduced by $1,627,000,000, to be allocated as follows:CommentsClose CommentsPermalink
(1) PROCUREMENT- The aggregate amount authorized to be appropriated by title I is hereby reduced by $601,000,000.CommentsClose CommentsPermalink
(2) RESEARCH, DEVELOPMENT, TEST, AND EVALUATION- The aggregate amount authorized to be appropriated by title II is hereby reduced by $451,000,000.CommentsClose CommentsPermalink
(3) OPERATION AND MAINTENANCE- The aggregate amount authorized to be appropriated by title III is hereby reduced by $554,000,000.CommentsClose CommentsPermalink
(4) OTHER AUTHORIZATIONS- The aggregate amount authorized to be appropriated by title XIV is hereby reduced by $21,000,000.CommentsClose CommentsPermalink
(b) Source of Savings- Reductions required in order to comply with subsection (a) shall be derived from savings resulting from lower-than-expected inflation as a result of the difference between the inflation assumptions used in the Concurrent Resolution on the Budget for Fiscal Year 2008 when compared with the inflation assumptions used in the budget of the President for fiscal year 2008, as submitted to Congress pursuant to
(c) Allocation of Reductions- The Secretary of Defense shall allocate the reductions required by this section among the amounts authorized to be appropriated for accounts in titles I, II, III, and XIV to reflect the extent to which net savings from lower-than-expected inflations are allocable to amounts authorized to be appropriated to such accounts.CommentsClose CommentsPermalink
Subtitle B--National Defense Stockpile
SEC. 1411. DISPOSAL OF FERROMANGANESE.
(a) Disposal Authorized- The Secretary of Defense may dispose of up to 50,000 tons of ferromanganese from the National Defense Stockpile during fiscal year 2008.CommentsClose CommentsPermalink
(b) Contingent Authority for Additional Disposal-CommentsClose CommentsPermalink
(1) IN GENERAL- If the Secretary of Defense completes the disposal of the total quantity of ferromanganese authorized for disposal by subsection (a) before September 30, 2008, the Secretary of Defense may dispose of up to an additional 25,000 tons of ferromanganese from the National Defense Stockpile before that date.CommentsClose CommentsPermalink
(2) ADDITIONAL AMOUNTS- If the Secretary completes the disposal of the total quantity of additional ferromanganese authorized for disposal by paragraph (1) before September 30, 2008, the Secretary may dispose of up to an additional 25,000 tons of ferromanganese from the National Defense Stockpile before that date.CommentsClose CommentsPermalink
(c) Certification- The Secretary of Defense may dispose of ferromanganese under the authority of paragraph (1) or (2) of subsection (b) only if the Secretary submits written certification to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, not later than 30 days before the commencement of disposal under the applicable paragraph, that--CommentsClose CommentsPermalink
(1) the disposal of the additional ferromanganese from the National Defense Stockpile is in the interest of national defense;CommentsClose CommentsPermalink
(2) the disposal of the additional ferromanganese will not cause disruption to the usual markets of producers and processors of ferromanganese in the United States; andCommentsClose CommentsPermalink
(3) the disposal of the additional ferromanganese is consistent with the requirements and purpose of the National Defense Stockpile.CommentsClose CommentsPermalink
(d) Delegation of Responsibility- The Secretary of Defense may delegate the responsibility of the Secretary under subsection (c) to an appropriate official within the Department of Defense.CommentsClose CommentsPermalink
(e) National Defense Stockpile Defined- In this section, the term `National Defense Stockpile' means the stockpile provided for in section 4 of the Strategic and Critical Materials Stock Piling Act (
SEC. 1412. DISPOSAL OF CHROME METAL.
(a) Disposal Authorized- The Secretary of Defense may dispose of up to 500 short tons of chrome metal from the National Defense Stockpile during fiscal year 2008.CommentsClose CommentsPermalink
(b) Contingent Authority for Additional Disposal-CommentsClose CommentsPermalink
(1) IN GENERAL- If the Secretary of Defense completes the disposal of the total quantity of chrome metal authorized for disposal by subsection (a) before September 30, 2008, the Secretary of Defense may dispose of up to an additional 250 short tons of chrome metal from the National Defense Stockpile before that date.CommentsClose CommentsPermalink
(2) ADDITIONAL AMOUNTS- If the Secretary completes the disposal of the total quantity of additional chrome metal authorized for disposal by paragraph (1) before September 30, 2008, the Secretary may dispose of up to an additional 250 short tons of chrome metal from the National Defense Stockpile before that date.CommentsClose CommentsPermalink
(c) Certification- The Secretary of Defense may dispose of chrome metal under the authority of paragraph (1) or (2) of subsection (b) only if the Secretary submits written certification to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, not later than 30 days before the commencement of disposal under the applicable paragraph, that--CommentsClose CommentsPermalink
(1) the disposal of the additional chrome metal from the National Defense Stockpile is in the interest of national defense;CommentsClose CommentsPermalink
(2) the disposal of the additional chrome metal will not cause disruption to the usual markets of producers and processors of chrome metal in the United States; andCommentsClose CommentsPermalink
(3) the disposal of the additional chrome metal is consistent with the requirements and purpose of the National Defense Stockpile.CommentsClose CommentsPermalink
(d) Delegation of Responsibility- The Secretary of Defense may delegate the responsibility of the Secretary under subsection (c) to an appropriate official within the Department of Defense.CommentsClose CommentsPermalink
(e) National Defense Stockpile Defined- In this section, the term `National Defense Stockpile' means the stockpile provided for in section 4 of the Strategic and Critical Materials Stock Piling Act (
SEC. 1413. MODIFICATION OF RECEIPT OBJECTIVES FOR PREVIOUSLY AUTHORIZED DISPOSALS FROM THE NATIONAL DEFENSE STOCKPILE.
(a) Fiscal Year 2000 Disposal Authority- Paragraph (5) of section 3402(b) of the National Defense Authorization Act for Fiscal Year 2000 (
(b) Fiscal Year 1999 Disposal Authority- Paragraph (7) of section 3303(a) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (
`(7) $1,469,102,000 by the end of fiscal year 2015.'.CommentsClose CommentsPermalink
Subtitle C--Civil Programs
SEC. 1421. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year 2008 from the Armed Forces Retirement Home Trust Fund the sum of $61,624,000 for the operation of the Armed Forces Retirement Home.CommentsClose CommentsPermalink
Subtitle D--Chemical Demilitarization Matters
SEC. 1431. MODIFICATION OF TERMINATION REQUIREMENT FOR CHEMICAL DEMILITARIZATION CITIZENS' ADVISORY COMMISSIONS.
(a) Modification- Subsection (h) of section 172 of the National Defense Authorization Act for Fiscal Year 1993 (
`(1) the completion of closure activities for the chemical agent destruction facility in the commission's State as required pursuant to regulations promulgated by the Administrator of the Environmental Protection Agency pursuant to the Solid Waste Disposal Act (
`(2) the request of the Governor of the commission's State.'.CommentsClose CommentsPermalink
(b) Technical Amendments- Subsections (b), (f), and (g) of such section are each amended by striking `Assistant Secretary of the Army (Research, Development, and Acquisition)' and inserting `Assistant Secretary of the Army (Acquisition, Logistics, and Technology)'.CommentsClose CommentsPermalink
SEC. 1432. REPEAL OF CERTAIN QUALIFICATIONS REQUIREMENT FOR DIRECTOR OF CHEMICAL DEMILITARIZATION MANAGEMENT ORGANIZATION.
Section 1412(e)(3) of the Department of Defense Authorization Act, 1986 (
(1) in subparagraph (A), by adding `and' at the end;CommentsClose CommentsPermalink
(2) by striking subparagraph (B); andCommentsClose CommentsPermalink
(3) by redesignating subparagraph (C) as subparagraph (B).CommentsClose CommentsPermalink
SEC. 1433. SENSE OF CONGRESS ON COMPLETION OF DESTRUCTION OF UNITED STATES CHEMICAL WEAPONS STOCKPILE.
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, done at Paris on January 13, 1993 (commonly referred to as the `Chemical Weapons Convention'), requires that destruction of the entire United States chemical weapons stockpile be completed by not later than April 29, 2007.CommentsClose CommentsPermalink
(2) In 2006, under the terms of the Chemical Weapons Convention, the United States requested and received a one-time, 5-year extension of its chemical weapons destruction deadline to April 29, 2012.CommentsClose CommentsPermalink
(3) On April 10, 2006, the Secretary of Defense notified Congress that the United States would not meet even the extended deadline under the Chemical Weapons Convention for destruction of the United States chemical weapons stockpile, but would `continue working diligently to minimize the time to complete destruction without sacrificing safety and security' and would also `continue requesting resources needed to complete destruction as close to April 2012 as practicable'.CommentsClose CommentsPermalink
(4) Destroying the remaining stockpile of United States chemical weapons is imperative for public safety and homeland security, and doing so by April 2012, in accordance with the current destruction deadline provided under the Chemical Weapons Convention, is required by United States law.CommentsClose CommentsPermalink
(5) The elimination of chemical weapons anywhere they exist in the world, and the prevention of their proliferation, is of utmost importance to the national security of the United States.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink
(1) the United States is, and must remain, committed to making every effort to safely dispose of its entire chemical weapons stockpile by April 2012, the current destruction deadline provided under the Chemical Weapons Convention, or as soon thereafter as possible, and must carry out all of its other obligations under the Convention; andCommentsClose CommentsPermalink
(2) the Secretary of Defense should make every effort to plan for, and to request in the annual budget of the President submitted to Congress adequate funding to complete, the elimination of the United States chemical weapons stockpile in accordance with United States obligations under the Chemical Weapons Convention and in a manner that will protect public health, safety, and the environment, as required by law.CommentsClose CommentsPermalink
(c) Reports Required-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than March 15, 2008, and every 180 days thereafter until the year in which the United States completes the destruction of its entire stockpile of chemical weapons under the terms of the Chemical Weapons Convention, the Secretary of Defense shall submit to the members and committees of Congress referred to in paragraph (3) a report on the implementation by the United States of its chemical weapons destruction obligations under the Chemical Weapons Convention.CommentsClose CommentsPermalink
(2) ELEMENTS- Each report under paragraph (1) shall include the following:CommentsClose CommentsPermalink
(A) The anticipated schedule at the time of such report for the completion of destruction of chemical agents, munitions, and materiel at each chemical weapons demilitarization facility in the United States.CommentsClose CommentsPermalink
(B) A description of the options and alternatives for accelerating the completion of chemical weapons destruction at each such facility, particularly in time to meet the destruction deadline of April 29, 2012, currently provided by the Chemical Weapons Convention.CommentsClose CommentsPermalink
(C) A description of the funding required to achieve each of the options for destruction described under subparagraph (B).CommentsClose CommentsPermalink
(D) A description of all actions being taken by the United States to accelerate the destruction of its entire stockpile of chemical weapons, agents, and materiel in order to meet the current destruction deadline under the Chemical Weapons Convention of April 29, 2012, or as soon thereafter as possible.CommentsClose CommentsPermalink
(3) MEMBERS AND COMMITTEES OF CONGRESS- The members and committees of Congress referred to in this paragraph are--CommentsClose CommentsPermalink
(A) the majority leader of the Senate, the minority leader of the Senate, and the Committees on Armed Services and Appropriations of the Senate; andCommentsClose CommentsPermalink
(B) the Speaker of the House of Representatives, the majority leader of the House of Representatives, the minority leader of the House of Representatives, and the Committees on Armed Services and Appropriations of the House of Representatives.CommentsClose CommentsPermalink
TITLE XV--OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Subtitle A--Authorization of Additional War-Related Appropriations
SEC. 1501. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement accounts of the Army in amounts as follows:CommentsClose CommentsPermalink
(1) For aircraft procurement, $890,786,000.CommentsClose CommentsPermalink
(2) For missiles, $492,734,000.CommentsClose CommentsPermalink
(3) For weapons and tracked combat vehicles procurement, $1,249,177,000.CommentsClose CommentsPermalink
(4) For ammunition, $303,000,000.CommentsClose CommentsPermalink
(5) For other procurement, $10,310,055,000.CommentsClose CommentsPermalink
SEC. 1502. NAVY AND MARINE CORPS PROCUREMENT.
(a) Navy- Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement accounts for the Navy in amounts as follows:CommentsClose CommentsPermalink
(1) For aircraft procurement, $2,263,018,000.CommentsClose CommentsPermalink
(2) For weapons procurement, $251,281,000.CommentsClose CommentsPermalink
(3) For other procurement, $814,311,000.CommentsClose CommentsPermalink
(b) Marine Corps- Funds are hereby authorized to be appropriated for fiscal year 2008 for the procurement account for the Marine Corps in the amount of $4,236,140,000.CommentsClose CommentsPermalink
(c) Navy and Marine Corps Ammunition- Funds are hereby authorized to be appropriated for fiscal year 2008 for the procurement account for ammunition for the Navy and the Marine Corps in the amount of $590,090,000.CommentsClose CommentsPermalink
SEC. 1503. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2008 for procurement accounts for the Air Force in amounts as follows:CommentsClose CommentsPermalink
(1) For aircraft procurement, $2,069,009,000.CommentsClose CommentsPermalink
(2) For ammunition, $74,005,000.CommentsClose CommentsPermalink
(3) For missile procurement, $1,800,000.CommentsClose CommentsPermalink
(4) For other procurement, $4,163,450,000.CommentsClose CommentsPermalink
SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the procurement account for Defense-wide in the amount of $593,768,000.CommentsClose CommentsPermalink
SEC. 1505. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Department of Defense for research, development, test, and evaluation as follows:CommentsClose CommentsPermalink
(1) For the Army, $121,653,000.CommentsClose CommentsPermalink
(2) For the Navy, $370,798,000.CommentsClose CommentsPermalink
(3) For the Air Force, $922,791,000.CommentsClose CommentsPermalink
(4) For Defense-wide activities, $535,087,000.CommentsClose CommentsPermalink
SEC. 1506. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Armed Forces for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:CommentsClose CommentsPermalink
(1) For the Army, $45,519,264,000.CommentsClose CommentsPermalink
(2) For the Navy, $5,190,000,000.CommentsClose CommentsPermalink
(3) For the Marine Corps, $4,013,093,000.CommentsClose CommentsPermalink
(4) For the Air Force, $10,532,630,000.CommentsClose CommentsPermalink
(5) For Defense-wide activities, $5,976,216,000.CommentsClose CommentsPermalink
(6) For the Army Reserve, $158,410,000.CommentsClose CommentsPermalink
(7) For the Navy Reserve, $69,598,000.CommentsClose CommentsPermalink
(8) For the Marine Corps Reserve, $68,000,000.CommentsClose CommentsPermalink
(9) For the Army National Guard, $466,150,000.CommentsClose CommentsPermalink
(10) For the Air National Guard, $31,168,000.CommentsClose CommentsPermalink
SEC. 1507. MILITARY PERSONNEL.
There is hereby authorized to be appropriated for fiscal year 2008 for the Department of Defense for military personnel in amounts as follows:CommentsClose CommentsPermalink
(1) For the Army, $9,140,516,000.CommentsClose CommentsPermalink
(2) For the Navy, $752,089,000.CommentsClose CommentsPermalink
(3) For the Marine Corps, $817,475,000.CommentsClose CommentsPermalink
(4) For the Air Force, $1,411,890,000.CommentsClose CommentsPermalink
(5) For the Army Reserve, $235,000,000.CommentsClose CommentsPermalink
(6) For the Navy Reserve, $70,000,000.CommentsClose CommentsPermalink
(7) For the Marine Corps Reserve, $15,420,000.CommentsClose CommentsPermalink
(8) For the Air Force Reserve, $3,000,000.CommentsClose CommentsPermalink
(9) For the Army National Guard, $476,584,000.CommentsClose CommentsPermalink
SEC. 1508. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the Department of Defense for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $1,022,842,000, for operation and maintenance.CommentsClose CommentsPermalink
SEC. 1509. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the Department of Defense for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount of $257,618,000.CommentsClose CommentsPermalink
SEC. 1510. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) Authorization of Appropriation- Funds are hereby authorized for fiscal year 2008 for the Joint Improvised Explosive Device Defeat Fund in the amount of $4,500,000,000.CommentsClose CommentsPermalink
(b) Use of Funds- Funds appropriated pursuant to subsection (a) shall be available to the Secretary of Defense for the purpose of allowing the Director of the Joint Improvised Explosive Device Defeat Organization to investigate, develop, and provide equipment, supplies, services, training, facilities, personnel, and funds to assist United States forces in the defeat of improvised explosive devices.CommentsClose CommentsPermalink
(c) Transfer Authority-CommentsClose CommentsPermalink
(1) TRANSFERS AUTHORIZED- Amounts authorized to be appropriated by subsection (a) may be transferred from the Joint Improvised Explosive Device Defeat Fund to any of the following accounts and funds of the Department of Defense to accomplish the purposes provided in subsection (b):CommentsClose CommentsPermalink
(A) Military personnel accounts.CommentsClose CommentsPermalink
(B) Operation and maintenance accounts.CommentsClose CommentsPermalink
(C) Procurement accounts.CommentsClose CommentsPermalink
(D) Research, development, test, and evaluation accounts.CommentsClose CommentsPermalink
(E) Defense working capital funds.CommentsClose CommentsPermalink
(2) ADDITIONAL TRANSFER AUTHORITY- The transfer authority provided by paragraph (1) is in addition to any other transfer authority available to the Department of Defense.CommentsClose CommentsPermalink
(3) TRANSFERS BACK TO THE FUND- Upon determination that all or part of the funds transferred from the Joint Improvised Explosive Device Defeat Fund under paragraph (1) are not necessary for the purpose provided, such funds may be transferred back to the Joint Improvised Explosive Device Defeat Fund.CommentsClose CommentsPermalink
(4) EFFECT ON AUTHORIZATION AMOUNTS- A transfer of an amount to an account under the authority in paragraph (1) shall be deemed to increase the amount authorized for such account by an amount equal to the amount transferred.CommentsClose CommentsPermalink
(d) Notice to Congress- Funds may not be obligated from the Joint Improvised Explosive Device Defeat Fund, or transferred under the authority provided in subsection (c)(1), until five days after the date on which the Secretary of Defense notifies the congressional defense committees in writing of the details of the proposed obligation or transfer.CommentsClose CommentsPermalink
(e) Management Plan-CommentsClose CommentsPermalink
(1) PLAN REQUIRED- Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for the intended management and use of the Joint Improvised Explosive Device Defeat Fund.CommentsClose CommentsPermalink
(2) MATTER TO BE INCLUDED- The plan required by paragraph (1) shall include an update of the plan required in the paragraph under the heading `Joint Improvised Explosive Device Defeat Fund' in chapter 2 of title I of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (
(A) year-to-date transfers and obligations; andCommentsClose CommentsPermalink
(B) projected transfers and obligations through September 30, 2008.CommentsClose CommentsPermalink
(f) Quarterly Reports- Not later than 30 days after the end of each fiscal-year quarter, the Secretary of Defense shall submit to the congressional defense committees a report summarizing the detail of any obligation or transfer of funds from the Joint Improvised Explosive Device Defeat Fund plan required by subsection (e).CommentsClose CommentsPermalink
(g) Duration of Authority- Amounts appropriated to the Joint Improvised Explosive Device Defeat Fund are available for obligation or transfer from the Fund until September 30, 2009.CommentsClose CommentsPermalink
SEC. 1511. IRAQ SECURITY FORCES FUND.
(a) Authorization of Appropriations- Funds are hereby authorized to be appropriated for fiscal year 2008 for the Iraq Security Forces Fund in the amount of $2,000,000,000.CommentsClose CommentsPermalink
(b) Use of Funds-CommentsClose CommentsPermalink
(1) IN GENERAL- Funds appropriated pursuant to subsection (a) shall be available to the Secretary of Defense for the purpose of allowing the Commander, Multi-National Security Transition Command-Iraq, to provide assistance to the security forces of Iraq.CommentsClose CommentsPermalink
(2) TYPES OF ASSISTANCE AUTHORIZED- Assistance provided under this section may include the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, construction, and funding.CommentsClose CommentsPermalink
(3) SECRETARY OF STATE CONCURRENCE- Assistance may be provided under this section only with the concurrence of the Secretary of State.CommentsClose CommentsPermalink
(c) Authority in Addition to Other Authorities- The authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations.CommentsClose CommentsPermalink
(d) Transfer Authority-CommentsClose CommentsPermalink
(1) TRANSFERS AUTHORIZED- Subject to paragraph (2), amounts authorized to be appropriated by subsection (a) may be transferred from the Iraq Security Forces Fund to any of the following accounts and funds of the Department of Defense to accomplish the purposes provided in subsection (b):CommentsClose CommentsPermalink
(A) Military personnel accounts.CommentsClose CommentsPermalink
(B) Operation and maintenance accounts.CommentsClose CommentsPermalink
(C) Procurement accounts.CommentsClose CommentsPermalink
(D) Research, development, test, and evaluation accounts.CommentsClose CommentsPermalink
(E) Defense working capital funds.CommentsClose CommentsPermalink
(F) Overseas Humanitarian, Disaster, and Civic Aid account.CommentsClose CommentsPermalink
(2) ADDITIONAL AUTHORITY- The transfer authority provided by paragraph (1) is in addition to any other transfer authority available to the Department of Defense.CommentsClose CommentsPermalink
(3) TRANSFERS BACK TO THE FUND- Upon determination that all or part of the funds transferred from the Iraq Security Forces Fund under paragraph (1) are not necessary for the purpose provided, such funds may be transferred back to the Iraq Security Forces Fund.CommentsClose CommentsPermalink
(4) EFFECT ON AUTHORIZATION AMOUNTS- A transfer of an amount to an account under the authority in paragraph (1) shall be deemed to increase the amount authorized for such account by an amount equal to the amount transferred.CommentsClose CommentsPermalink
(e) Notice to Congress- Funds may not be obligated from the Iraq Security Forces Fund, or transferred under the authority provided in subsection (d)(1), until five days after the date on which the Secretary of Defense notifies the congressional defense committees in writing of the details of the proposed obligation or transfer.CommentsClose CommentsPermalink
(f) Contributions-CommentsClose CommentsPermalink
(1) AUTHORITY TO ACCEPT CONTRIBUTIONS- Subject to paragraph (2), the Secretary of Defense may accept contributions of amounts to the Iraq Security Forces Fund for the purposes provided in subsection (b) from any person, foreign government, or international organization. Any amounts so accepted shall be credited to the Iraq Security Forces Fund.CommentsClose CommentsPermalink
(2) LIMITATION- The Secretary may not accept a contribution under this subsection if the acceptance of the contribution would compromise or appear to compromise the integrity of any program of the Department of Defense.CommentsClose CommentsPermalink
(3) USE- Amounts accepted under this subsection shall be available for assistance authorized by subsection (b), including transfer under subsection (d) for that purpose.CommentsClose CommentsPermalink
(4) NOTIFICATION- The Secretary shall notify the congressional defense committees in writing upon the acceptance, and upon the transfer under subsection (d), of any contribution under this subsection. Such notice shall specify the source and amount of any amount so accepted and the use of any amount so accepted.CommentsClose CommentsPermalink
(g) Quarterly Reports- Not later than 30 days after the end of each fiscal-year quarter, the Secretary of Defense shall submit to the congressional defense committees a report summarizing the details of any obligation or transfer of funds from the Iraq Security Forces Fund during such fiscal-year quarter.CommentsClose CommentsPermalink
(h) Duration of Authority- Amounts authorized to be appropriated or contributed to the Fund during fiscal year 2008 are available for obligation or transfer from the Iraq Security Forces Fund in accordance with this section until September 30, 2009.CommentsClose CommentsPermalink
SEC. 1512. AFGHANISTAN SECURITY FORCES FUND.
(a) Authorization of Appropriations- Funds are hereby authorized to be appropriated for fiscal year 2008 for the Afghanistan Security Forces Fund in the amount of $2,700,000,000.CommentsClose CommentsPermalink
(b) Use of Funds-CommentsClose CommentsPermalink
(1) IN GENERAL- Funds authorized to be appropriated by subsection (a) shall be available to the Secretary of Defense for the purpose of allowing the Commander, Office of Security Cooperation-Afghanistan, to provide assistance to the security forces of Afghanistan.CommentsClose CommentsPermalink
(2) TYPES OF ASSISTANCE AUTHORIZED- Assistance provided under this section may include the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, construction, and funds.CommentsClose CommentsPermalink
(3) SECRETARY OF STATE CONCURRENCE- Assistance may be provided under this section only with the concurrence of the Secretary of State.CommentsClose CommentsPermalink
(c) Authority in Addition to Other Authorities- The authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations.CommentsClose CommentsPermalink
(d) Transfer Authority-CommentsClose CommentsPermalink
(1) TRANSFERS AUTHORIZED- Subject to paragraph (2), amounts authorized to be appropriated by subsection (a) may be transferred from the Afghanistan Security Forces Fund to any of the following accounts and funds of the Department of Defense to accomplish the purposes provided in subsection (b):CommentsClose CommentsPermalink
(A) Military personnel accounts.CommentsClose CommentsPermalink
(B) Operation and maintenance accounts.CommentsClose CommentsPermalink
(C) Procurement accounts.CommentsClose CommentsPermalink
(D) Research, development, test, and evaluation accounts.CommentsClose CommentsPermalink
(E) Defense working capital funds.CommentsClose CommentsPermalink
(F) Overseas Humanitarian, Disaster, and Civic Aid.CommentsClose CommentsPermalink
(2) ADDITIONAL AUTHORITY- The transfer authority provided by paragraph (1) is in addition to any other transfer authority available to the Department of Defense.CommentsClose CommentsPermalink
(3) TRANSFERS BACK TO FUND- Upon a determination that all or part of the funds transferred from the Afghanistan Security Forces Fund under paragraph (1) are not necessary for the purpose for which transferred, such funds may be transferred back to the Afghanistan Security Forces Fund.CommentsClose CommentsPermalink
(4) EFFECT ON AUTHORIZATION AMOUNTS- A transfer of an amount to an account under the authority in paragraph (1) shall be deemed to increase the amount authorized for such account by an amount equal to the amount transferred.CommentsClose CommentsPermalink
(e) Prior Notice to Congress of Obligation or Transfer- Funds may not be obligated from the Afghanistan Security Forces Fund, or transferred under subsection (d)(1), until five days after the date on which the Secretary of Defense notifies the congressional defense committees in writing of the details of the proposed obligation or transfer.CommentsClose CommentsPermalink
(f) Contributions-CommentsClose CommentsPermalink
(1) AUTHORITY TO ACCEPT CONTRIBUTIONS- Subject to paragraph (2), the Secretary of Defense may accept contributions of amounts to the Afghanistan Security Forces Fund for the purposes provided in subsection (b) from any person, foreign government, or international organization. Any amounts so accepted shall be credited to the Afghanistan Security Forces Fund.CommentsClose CommentsPermalink
(2) LIMITATION- The Secretary may not accept a contribution under this subsection if the acceptance of the contribution would compromise or appear to compromise the integrity of any program of the Department of Defense.CommentsClose CommentsPermalink
(3) USE- Amounts accepted under this subsection shall be available for assistance authorized by subsection (b), including transfer under subsection (d) for that purpose.CommentsClose CommentsPermalink
(4) NOTIFICATION- The Secretary shall notify the congressional defense committees in writing upon the acceptance, and upon the transfer under subsection (d), of any contribution under this subsection. Such notice shall specify the source and amount of any amount so accepted and the use of any amount so accepted.CommentsClose CommentsPermalink
(g) Quarterly Reports- Not later than 30 days after the end of each fiscal-year quarter, the Secretary of Defense shall submit to the congressional defense committees a report summarizing the details of any obligation or transfer of funds from the Afghanistan Security Forces Fund during such fiscal-year quarter.CommentsClose CommentsPermalink
(h) Duration of Authority- Amounts authorized to be appropriated or contributed to the Fund during fiscal year 2008 are available for obligation or transfer from the Afghanistan Security Forces Fund in accordance with this section until September 30, 2009.CommentsClose CommentsPermalink
SEC. 1513. IRAQ FREEDOM FUND.
(a) In General- Funds are hereby authorized to be appropriated for fiscal year 2008 for the Iraq Freedom Fund in the amount of $107,500,000.CommentsClose CommentsPermalink
(b) Transfer-CommentsClose CommentsPermalink
(1) TRANSFER AUTHORIZED- Subject to paragraph (2), amounts authorized to be appropriated by subsection (a) may be transferred from the Iraq Freedom Fund to any accounts as follows:CommentsClose CommentsPermalink
(A) Operation and maintenance accounts of the Armed Forces.CommentsClose CommentsPermalink
(B) Military personnel accounts.CommentsClose CommentsPermalink
(C) Research, development, test, and evaluation accounts of the Department of Defense.CommentsClose CommentsPermalink
(D) Procurement accounts of the Department of Defense.CommentsClose CommentsPermalink
(E) Accounts providing funding for classified programs.CommentsClose CommentsPermalink
(F) The operating expenses account of the Coast Guard.CommentsClose CommentsPermalink
(2) NOTICE TO CONGRESS- A transfer may not be made under the authority in paragraph (1) until five days after the date on which the Secretary of Defense notifies the congressional defense committees in writing of the transfer.CommentsClose CommentsPermalink
(3) TREATMENT OF TRANSFERRED FUNDS- Amounts transferred to an account under the authority in paragraph (1) shall be merged with amounts in such account and shall be made available for the same purposes, and subject to the same conditions and limitations, as amounts in such account.CommentsClose CommentsPermalink
(4) EFFECT ON AUTHORIZATION AMOUNTS- A transfer of an amount to an account under the authority in paragraph (1) shall be deemed to increase the amount authorized for such account by an amount equal to the amount transferred.CommentsClose CommentsPermalink
SEC. 1514. DEFENSE WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for the Defense Working Capital Funds in the amount of $1,676,275,000.CommentsClose CommentsPermalink
SEC. 1515. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the National Defense Sealift Fund in the amount of $5,100,000.CommentsClose CommentsPermalink
SEC. 1516. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fiscal year 2008 for the Department of Defense for expenses, not otherwise provided for, for the Office of Inspector General of the Department of Defense in the amount of $4,394,000, for Operation and Maintenance.CommentsClose CommentsPermalink
Subtitle B--General Provisions Relating to Authorizations
SEC. 1521. PURPOSE.
The purpose of this title is to authorize additional appropriations for the Department of Defense for fiscal year 2008 for the incremental costs of Operation Iraqi Freedom and Operation Enduring Freedom.CommentsClose CommentsPermalink
SEC. 1522. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in addition to amounts otherwise authorized to be appropriated by this Act.CommentsClose CommentsPermalink
SEC. 1523. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations-CommentsClose CommentsPermalink
(1) AUTHORITY- Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2008 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.CommentsClose CommentsPermalink
(2) LIMITATION- The total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $3,500,000,000.CommentsClose CommentsPermalink
(b) Terms and Conditions- Transfers under this section shall be subject to the same terms and conditions as transfers under section 1001.CommentsClose CommentsPermalink
(c) Additional Authority- The transfer authority provided by this section is in addition to the transfer authority provided under section 1001.CommentsClose CommentsPermalink
Subtitle C--Other Matters
SEC. 1531. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES RELATING TO IRAQ.
No funds appropriated pursuant to an authorization of appropriations in this Act may be obligated or expended for a purpose as follows:CommentsClose CommentsPermalink
(1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq.CommentsClose CommentsPermalink
(2) To exercise United States control of the oil resources of Iraq.CommentsClose CommentsPermalink
SEC. 1532. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES MILITARY OPERATIONS.
(a) Authority- From funds made available for the Department of Defense by section 1506 for operation and maintenance, Defense-wide activities, the Secretary of Defense may reimburse any key cooperating nation for logistical and military support provided by that nation to or in connection with United States military operations in Operation Iraqi Freedom or Operation Enduring Freedom.CommentsClose CommentsPermalink
(b) Amounts of Reimbursement-CommentsClose CommentsPermalink
(1) IN GENERAL- Reimbursement authorized by subsection (a) may be made in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State and in consultation with the Director of the Office of Management and Budget, may determine, based on documentation determined by the Secretary of Defense to adequately account for the support provided.CommentsClose CommentsPermalink
(2) STANDARDS- Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe standards for determining the kinds of logistical and military support to the United States that shall be considered reimbursable under the authority in subsection (a). Such standards may not take effect until 15 days after the date on which the Secretary submits to the congressional defense committees a report setting forth such standards.CommentsClose CommentsPermalink
(c) Limitations-CommentsClose CommentsPermalink
(1) LIMITATION ON AMOUNT- The total amount of reimbursements made under the authority in subsection (a) during fiscal year 2008 may not exceed $1,200,000,000.CommentsClose CommentsPermalink
(2) PROHIBITION ON CONTRACTUAL OBLIGATIONS TO MAKE PAYMENTS- The Secretary of Defense may not enter into any contractual obligation to make a reimbursement under the authority in subsection (a).CommentsClose CommentsPermalink
(d) Notice to Congress- The Secretary of Defense shall--CommentsClose CommentsPermalink
(1) notify the congressional defense committees not less than 15 days before making any reimbursement under the authority in subsection (a); andCommentsClose CommentsPermalink
(2) submit to the congressional defense committees on a quarterly basis a report on any reimbursements made under the authority in subsection (a) during such quarter.CommentsClose CommentsPermalink
SEC. 1533. LOGISTICAL SUPPORT FOR COALITION FORCES SUPPORTING OPERATIONS IN IRAQ AND AFGHANISTAN.
(a) Availability of Funds for Logistical Support- Subject to the provisions of this section, amounts available to the Department of Defense for fiscal year 2008 for operation and maintenance may be used to provide supplies, services, transportation (including airlift and sealift), and other logistical support to coalition forces supporting United States military and stabilization operations in Iraq and Afghanistan.CommentsClose CommentsPermalink
(b) Required Determination- The Secretary may provide logistical support under the authority in subsection (a) only if the Secretary determines that the coalition forces to be provided the logistical support--CommentsClose CommentsPermalink
(1) are essential to the success of a United States military or stabilization operation; andCommentsClose CommentsPermalink
(2) would not be able to participate in such operation without the provision of the logistical support.CommentsClose CommentsPermalink
(c) Coordination With Export Control Laws- Logistical support may be provided under the authority in subsection (a) only in accordance with applicable provisions of the Arms Export Control Act and other export control laws of the United States.CommentsClose CommentsPermalink
(d) Limitation on Value- The total amount of logistical support provided under the authority in subsection (a) in fiscal year 2008 may not exceed $400,000,000.CommentsClose CommentsPermalink
(e) Quarterly Reports-CommentsClose CommentsPermalink
(1) REPORTS REQUIRED- Not later than 15 days after the end of each fiscal-year quarter of fiscal year 2008, the Secretary shall submit to the congressional defense committees a report on the provision of logistical support under the authority in subsection (a) during such fiscal-year quarter.CommentsClose CommentsPermalink
(2) ELEMENTS- Each report under paragraph (1) shall include, for the fiscal-year quarter covered by such report, the following:CommentsClose CommentsPermalink
(A) Each nation provided logistical support under the authority in subsection (a).CommentsClose CommentsPermalink
(B) For each such nation, a description of the type and value of logistical support so provided.CommentsClose CommentsPermalink
SEC. 1534. 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
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the `Military Construction Authorization Act for Fiscal Year 2008'.CommentsClose CommentsPermalink
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States- Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:CommentsClose CommentsPermalink
Army: Inside the United StatesCommentsClose CommentsPermalink
---------------------------------------------------------------CommentsClose CommentsPermalink
State Installation or Location Amount CommentsClose CommentsPermalink
---------------------------------------------------------------CommentsClose CommentsPermalink
Alabama Anniston Army Depot $26,000,000 CommentsClose CommentsPermalink
Redstone Arsenal $20,000,000CommentsClose CommentsPermalink
Alaska Fort Richardson $92,800,000 CommentsClose CommentsPermalink
Fort Wainwright $114,500,000CommentsClose CommentsPermalink
Arizona Fort Huachuca $129,600,000 CommentsClose CommentsPermalink
California Fort Irwin $24,000,000 CommentsClose CommentsPermalink
Presidio, Monterey $28,000,000CommentsClose CommentsPermalink
Colorado Fort Carson $156,200,000 CommentsClose CommentsPermalink
Delaware Dover Air Force Base $17,500,000 CommentsClose CommentsPermalink
Florida Eglin Air Force Base $66,000,000 CommentsClose CommentsPermalink
Miami Doral $237,000,000CommentsClose CommentsPermalink
Georgia Fort Benning $185,800,000 CommentsClose CommentsPermalink
Fort Stewart/Hunter Army Air Field $123,500,000CommentsClose CommentsPermalink
Hawaii Fort Shafter $31,000,000 CommentsClose CommentsPermalink
Schofield Barracks $88,000,000CommentsClose CommentsPermalink
Wheeler Army Air Field $51,000,000CommentsClose CommentsPermalink
Illinois Rock Island Arsenal $3,350,000 CommentsClose CommentsPermalink
Kansas Fort Leavenworth $90,800,000 CommentsClose CommentsPermalink
Fort Riley $138,300,000CommentsClose CommentsPermalink
Kentucky Fort Campbell $105,000,000 CommentsClose CommentsPermalink
Fort Knox $6,700,000CommentsClose CommentsPermalink
Louisiana Fort Polk $15,900,000 CommentsClose CommentsPermalink
Maryland Aberdeen Proving Ground $12,200,000 CommentsClose CommentsPermalink
Michigan Detroit Arsenal $18,500,000 CommentsClose CommentsPermalink
Missouri Fort Leonard Wood $125,650,000 CommentsClose CommentsPermalink
Nevada Hawthorne Army Ammunition Plant $11,800,000 CommentsClose CommentsPermalink
New Mexico White Sands Missile Range $71,000,000 CommentsClose CommentsPermalink
New York Fort Drum $291,000,000 CommentsClose CommentsPermalink
North Carolina Fort Bragg $275,600,000 CommentsClose CommentsPermalink
Oklahoma Fort Sill $6,200,000 CommentsClose CommentsPermalink
South Carolina Fort Jackson $85,000,000 CommentsClose CommentsPermalink
Texas Camp Bullis $1,600,000 CommentsClose CommentsPermalink
Fort Bliss $111,900,000CommentsClose CommentsPermalink
Fort Hood $145,400,000CommentsClose CommentsPermalink
Fort Sam Houston $19,150,000CommentsClose CommentsPermalink
Red River Army Depot $9,200,000CommentsClose CommentsPermalink
Virginia Fort Belvoir $13,000,000 CommentsClose CommentsPermalink
Fort Eustis $75,000,000CommentsClose CommentsPermalink
Fort Lee $16,700,000CommentsClose CommentsPermalink
Fort Myer $20,800,000CommentsClose CommentsPermalink
Washington Fort Lewis $164,600,000 CommentsClose CommentsPermalink
Yakima Training Center $29,000,000CommentsClose CommentsPermalink
---------------------------------------------------------------CommentsClose CommentsPermalink
(b) Outside the United States- Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:CommentsClose CommentsPermalink
Army: Outside the United StatesCommentsClose CommentsPermalink
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Country Installation or Location Amount CommentsClose CommentsPermalink
-----------------------------------------------CommentsClose CommentsPermalink
Bulgaria Nevo Selo FOS $61,000,000 CommentsClose CommentsPermalink
Germany Grafenwoehr $62,000,000 CommentsClose CommentsPermalink
Honduras Soto Cano Air Base $2,550,000 CommentsClose CommentsPermalink
Italy Vicenza $173,000,000 CommentsClose CommentsPermalink
Korea Camp Humphreys $57,000,000 CommentsClose CommentsPermalink
Romania Mihail Kogalniceanu FOS $12,600,000 CommentsClose CommentsPermalink
-----------------------------------------------CommentsClose CommentsPermalink
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition- Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:CommentsClose CommentsPermalink
Army: Family HousingCommentsClose CommentsPermalink
---------------------------------------------------CommentsClose CommentsPermalink
Country Installation or Location Units Amount CommentsClose CommentsPermalink
---------------------------------------------------CommentsClose CommentsPermalink
Germany Ansbach 138 $52,000,000 CommentsClose CommentsPermalink
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(b) Planning and Design- Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $2,000,000.CommentsClose CommentsPermalink
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $5,218,067,000 as follows:CommentsClose CommentsPermalink
(1) For military construction projects inside the United States authorized by section 2101(a), $3,254,250,000.CommentsClose CommentsPermalink
(2) For military construction projects outside the United States authorized by section 2101(b), $295,150,000.CommentsClose CommentsPermalink
(3) For unspecified minor military construction projects authorized by
(4) For architectural and engineering services and construction design under
(5) For military family housing functions:CommentsClose CommentsPermalink
(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $419,400,000.CommentsClose CommentsPermalink
(B) For support of military family housing (including the functions described in
(6) For the construction of increment 3 of a barracks complex at Fort Bragg, North Carolina, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of
(7) For the construction of increment 2 of a barracks complex at Fort Lewis, Washington, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of
(b) Limitation on Total Cost of Construction Projects- Notwithstanding the cost variations authorized by
(1) The total amount authorized to be appropriated under paragraphs (1) and (2) of subsection (a).CommentsClose CommentsPermalink
(2) $204,000,000 (the balance of the amount authorized under section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2007 (
(3) $37,000,000 (the balance of the amount authorized under section 2101(b) for construction of a brigade complex operations support facility at Vicenza, Italy).CommentsClose CommentsPermalink
(4) $36,000,000 (the balance of the amount authorized under section 2101(b) for construction of a brigade complex barracks and community support facility at Vicenza, Italy).CommentsClose CommentsPermalink
SEC. 2105. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2007 ARMY PROJECTS FOR WHICH FUNDS WERE NOT APPROPRIATED.
(a) Termination of Inside the United States Projects- The table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of
(1) by striking the item relating to Redstone Arsenal, Alabama;CommentsClose CommentsPermalink
(2) by striking the item relating to Fort Wainwright, Alaska;CommentsClose CommentsPermalink
(3) in the item relating to Fort Irwin, California, by striking `$18,200,000' in the amount column and inserting `$10,000,000';CommentsClose CommentsPermalink
(4) in the item relating to Fort Carson, Colorado, by striking `$30,800,000' in the amount column and inserting `$24,000,000';CommentsClose CommentsPermalink
(5) in the item relating to Fort Leavenworth, Kansas, by striking `$23,200,000' in the amount column and inserting `$15,000,000';CommentsClose CommentsPermalink
(6) in the item relating to Fort Riley, Kansas, by striking `$47,400,000' in the amount column and inserting `$37,200,000';CommentsClose CommentsPermalink
(7) in the item relating to Fort Campbell, Kentucky, by striking `$135,300,000' in the amount column and inserting `$115,400,000';CommentsClose CommentsPermalink
(8) by striking the item relating to Fort Polk, Louisiana;CommentsClose CommentsPermalink
(9) by striking the item relating to Aberdeen Proving Ground, Maryland;CommentsClose CommentsPermalink
(10) by striking the item relating to Fort Detrick, Maryland;CommentsClose CommentsPermalink
(11) by striking the item relating to Detroit Arsenal, Michigan;CommentsClose CommentsPermalink
(12) in the item relating to Fort Leonard Wood, Missouri, by striking `$34,500,000' in the amount column and inserting `$17,000,000';CommentsClose CommentsPermalink
(13) by striking the item relating to Picatinny Arsenal, New Jersey;CommentsClose CommentsPermalink
(14) in the item relating to Fort Drum, New York, by striking `$218,600,000' in the amount column and inserting `$209,200,000';CommentsClose CommentsPermalink
(15) in the item relating to Fort Bragg, North Carolina, by striking `$96,900,000' in the amount column and inserting `$89,000,000';CommentsClose CommentsPermalink
(16) by striking the item relating to Letterkenny Depot, Pennsylvania;CommentsClose CommentsPermalink
(17) by striking the item relating to Corpus Christi Army Depot, Texas;CommentsClose CommentsPermalink
(18) by striking the item relating to Fort Bliss, Texas;CommentsClose CommentsPermalink
(19) in the item relating to Fort Hood, Texas, by striking `$93,000,000' in the amount column and inserting `$75,000,000';CommentsClose CommentsPermalink
(20) by striking the item relating to Red River Depot, Texas; andCommentsClose CommentsPermalink
(21) by striking the item relating to Fort Lee, Virginia.CommentsClose CommentsPermalink
(b) Conforming Amendments- Section 2104(a) of such Act (120 Stat. 2447) is amended--CommentsClose CommentsPermalink
(1) in the matter preceding paragraph (1), by striking `$3,518,450,000' and inserting `$3,275,700,000'; andCommentsClose CommentsPermalink
(2) in paragraph (1), by striking `$1,362,200,000' and inserting `$1,119,450,000'.CommentsClose CommentsPermalink
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2006 PROJECT.
(a) Modification- The table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of
(b) Conforming Amendments- Section 2104(b)(5) of that Act (119 Stat. 3488) is amended by striking `$77,400,000' and inserting `$84,400,000'.CommentsClose CommentsPermalink
SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005 PROJECT.
(a) Extension and Renewal- Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of
(b) Table- The table referred to in subsection (a) is as follows:CommentsClose CommentsPermalink
Army: Extension of 2005 Project AuthorizationCommentsClose CommentsPermalink
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Installation or Location Project Amount CommentsClose CommentsPermalink
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Schofield Barracks, Hawaii Training facility $35,542,000 CommentsClose CommentsPermalink
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SEC. 2108. TECHNICAL AMENDMENTS TO THE MILITARY CONSTRUCTION AUTHORIZATION ACT FOR 2007.
(a) Technical Amendment To Specify Location of Project in Romania- The table in section 2101(b) of the Military Construction Authorization Act for 2007 (division B of
(b) Technical Amendment To Correct Printing Error Relating to Army Family Housing- The table in section 2102(a) of the Military Construction Authorization Act for 2007 (division B of
SEC. 2109. GROUND LEASE, SOUTHCOM HEADQUARTERS FACILITY, MIAMI-DORAL, FLORIDA.
(a) Ground Lease Authorized- The Secretary of the Army may utilize the State of Florida property as described in sublease number 4489-01, entered into between the State of Florida and the United States (in this section referred to as the `ground lease'), for the purpose of constructing a consolidated headquarters facility for the United States Southern Command (SOUTHCOM).CommentsClose CommentsPermalink
(b) Additional Terms and Conditions- The Secretary of the Army may carry out the project to construct a new headquarters on property leased from the State of Florida when the following conditions have been met regarding the lease for the property:CommentsClose CommentsPermalink
(1) The United States Government shall have the right to use the property without interruption until at least December 31, 2055.CommentsClose CommentsPermalink
(2) The United States Government shall have the right to use the property for general administrative purposes in the event the United States Southern Command relocates or vacates the property.CommentsClose CommentsPermalink
(c) Authority To Obtain Ground Lease of Adjacent Property- The Secretary may obtain the ground lease of additional real property owned by the State of Florida that is adjacent to the real property leased under the ground lease for purposes of completing the construction of the SOUTHCOM headquarters facility, as long as the additional terms of the ground lease required by subsection (b) apply to such adjacent property.CommentsClose CommentsPermalink
(d) Limitation- The Secretary may not obligate or expend funds appropriated pursuant to the authorization of appropriations in section 2104(a)(1) for the construction of the SOUTHCOM headquarters facility authorized under section 2101(a) until the Secretary transmits to the congressional defense committees a modification to the ground lease signed by the United States Government and the State of Florida in accordance with subsection (b).CommentsClose CommentsPermalink
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States- Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:CommentsClose CommentsPermalink
Navy: Inside the United StatesCommentsClose CommentsPermalink
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State Installation or Location Amount CommentsClose CommentsPermalink
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Alabama Outlying Field Evergreen $9,560,000 CommentsClose CommentsPermalink
Arizona Marine Corps Air Station, Yuma $33,720,000 CommentsClose CommentsPermalink
California Marine Corps Base, Camp Pendleton $366,394,000 CommentsClose CommentsPermalink
Marine Corps Air Station, Miramar $26,760,000CommentsClose CommentsPermalink
Naval Station, San Diego $23,630,000CommentsClose CommentsPermalink
Marine Corps Base, Twentynine Palms $147,059,000CommentsClose CommentsPermalink
Connecticut Naval Submarine Base, New London $11,900,000 CommentsClose CommentsPermalink
Florida Marine Corps Logistics Base, Blount Island $7,570,000 CommentsClose CommentsPermalink
Cape Canaveral $9,900,000CommentsClose CommentsPermalink
Naval Surface Warfare Center, Panama City $13,870,000CommentsClose CommentsPermalink
Hawaii Marine Corps Air Station, Kaneohe $37,961,000 CommentsClose CommentsPermalink
Naval Base, Pearl Harbor $99,860,000CommentsClose CommentsPermalink
Naval Shipyard, Pearl Harbor $30,200,000CommentsClose CommentsPermalink
Naval Station Pearl Harbor, Wahiawa $65,410,000CommentsClose CommentsPermalink
Illinois Naval Training Center, Great Lakes $10,221,000 CommentsClose CommentsPermalink
Indiana Naval Support Activity, Crane $12,000,000 CommentsClose CommentsPermalink
Maryland Naval Air Warfare Center, Patuxent River 38,360,000 CommentsClose CommentsPermalink
Maine Naval Shipyard, Portsmouth $9,700,000 CommentsClose CommentsPermalink
Mississippi Naval Air Station, Meridian $6,770,000 CommentsClose CommentsPermalink
Nevada Naval Air Station, Fallon $11,460,000 CommentsClose CommentsPermalink
New Jersey Naval Air Station, Lakehurst $4,100,000 CommentsClose CommentsPermalink
North Carolina Marine Corps Air Station, Cherry Point $28,610,000 CommentsClose CommentsPermalink
Marine Corps Air Station, New River $54,430,000CommentsClose CommentsPermalink
Marine Corps Base, Camp Lejeune $278,070,000CommentsClose CommentsPermalink
Rhode Island Naval Station, Newport $9,990,000 CommentsClose CommentsPermalink
South Carolina Marine Corps Air Station, Beaufort $6,800,000 CommentsClose CommentsPermalink
Marine Corps Recruit Depot, Parris Island $55,282,000CommentsClose CommentsPermalink
Texas Naval Air Station, Corpus Christi $14,290,000 CommentsClose CommentsPermalink
Virginia Naval Support Activity, Chesapeake $8,450,000 CommentsClose CommentsPermalink
Naval Station, Norfolk $79,560,000CommentsClose CommentsPermalink
Marine Corps Base, Quantico $50,519,000CommentsClose CommentsPermalink
Washington Naval Station, Bremerton $119,760,000 CommentsClose CommentsPermalink
Naval Station, Everett $10,940,000CommentsClose CommentsPermalink
Naval Air Station, Whidbey Island $23,910,000CommentsClose CommentsPermalink
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(b) Outside the United States- Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:CommentsClose CommentsPermalink
Navy: Outside the United StatesCommentsClose CommentsPermalink
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Country Installation or Location Amount CommentsClose CommentsPermalink
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Bahrain Naval Support Activity, Bahrain $35,500,000 CommentsClose CommentsPermalink
Diego Garcia Naval Support Facility, Diego Garcia $7,150,000 CommentsClose CommentsPermalink
Djibouti Camp Lemonier $22,390,000 CommentsClose CommentsPermalink
Guam Naval Activities, Guam $273,518,000 CommentsClose CommentsPermalink
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(c) Unspecified Worldwide- Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(3), the Secretary of the Navy may acquire real property and carry out military construction projects for unspecified installations or locations in the amount set forth in the following table:CommentsClose CommentsPermalink
Navy: Unspecified WorldwideCommentsClose CommentsPermalink
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Location Installation or Location Amount CommentsClose CommentsPermalink
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Worldwide Unspecified Wharf Utilities Upgrade $8,900,000 CommentsClose CommentsPermalink
Host Nation Infrastructure $2,700,000CommentsClose CommentsPermalink
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SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition- Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(A), the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation, in the number of units, and in the amount set forth in the following table:CommentsClose CommentsPermalink
Navy: Family HousingCommentsClose CommentsPermalink
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Location Installation Units Amount CommentsClose CommentsPermalink
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Mariana Islands Naval Activities, Guam 73 $47,167,000 CommentsClose CommentsPermalink
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(b) Planning and Design- Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(A), the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of military family housing units in an amount not to exceed $3,172,000.CommentsClose CommentsPermalink
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $3,032,790,000, as follows:CommentsClose CommentsPermalink
(1) For military construction projects inside the United States authorized by section 2201(a), $1,717,016,000.CommentsClose CommentsPermalink
(2) For military construction projects outside the United States authorized by section 2201(b), $338,558,000.CommentsClose CommentsPermalink
(3) For military construction projects at unspecified worldwide locations authorized by section 2201(c), $11,600,000.CommentsClose CommentsPermalink
(4) For unspecified minor military construction projects authorized by
(5) For architectural and engineering services and construction design under
(6) For military family housing functions:CommentsClose CommentsPermalink
(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $300,095,000.CommentsClose CommentsPermalink
(B) For support of military family housing (including functions described in
(7) For the construction of increment 2 of the construction of an addition to the National Maritime Intelligence Center, Suitland, Maryland, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of
(8) For the construction of increment 3 of recruit training barracks infrastructure upgrade at Recruit Training Command, Great Lakes, Illinois, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of
(9) For the construction of increment 3 of wharf upgrades at Yokosuka, Japan, authorized by section 2201(b) of the Military Construction Authorization Act of Fiscal Year 2006 (division B of
(10) For the construction of increment 2 of the Bachelor Enlisted Quarters Homeport Ashore Program at Bremerton, Washington, authorized by section 2201(a) of the Military Construction Authorization Act of Fiscal Year 2006 (division B of
(11) For the construction of increment 4 of the limited area production and storage complex at Naval Submarine Base Kitsap, Silverdale, Washington, authorized by section 2201(a) of the Military Construction Authorization Act of Fiscal Year 2005 (division B of
SEC. 2205. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2007 NAVY PROJECTS FOR WHICH FUNDS WERE NOT APPROPRIATED.
(a) Termination of Inside the United States Projects- The table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of
(1) in the item relating to Marine Corps Base, Twentynine Palms, California, by striking `$27,217,000' in the amount column and inserting `$8,217,000';CommentsClose CommentsPermalink
(2) by striking the item relating to Naval Support Activity, Monterey, California;CommentsClose CommentsPermalink
(3) by striking the item relating to Naval Submarine Base, New London, Connecticut;CommentsClose CommentsPermalink
(4) by striking the item relating to Cape Canaveral, Florida;CommentsClose CommentsPermalink
(5) in the item relating to Marine Corps Logistics Base, Albany, Georgia, by striking `$70,540,000' in the amount column and inserting `$62,000,000';CommentsClose CommentsPermalink
(6) by striking the item relating to Naval Magazine, Pearl Harbor, Hawaii;CommentsClose CommentsPermalink
(7) by striking the item relating to Naval Shipyard, Pearl Harbor, Hawaii;CommentsClose CommentsPermalink
(8) by striking the item relating to Naval Support Activity, Crane, Indiana;CommentsClose CommentsPermalink
(9) by striking the item relating to Portsmouth Naval Shipyard, Maine;CommentsClose CommentsPermalink
(10) by striking the item relating to Naval Air Station, Meridian, Mississippi;CommentsClose CommentsPermalink
(11) by striking the item relating to Naval Air Station, Fallon, Nevada;CommentsClose CommentsPermalink
(12) by striking the item relating to Marine Corps Air Station, Cherry Point, North Carolina;CommentsClose CommentsPermalink
(13) by striking the item relating to Naval Station, Newport, Rhode Island;CommentsClose CommentsPermalink
(14) in the item relating to Marine Corps Air Station, Beaufort, South Carolina, by striking `$25,575,000' in the amount column and inserting `$22,225,000';CommentsClose CommentsPermalink
(15) by striking the item relating to Naval Special Weapons Center, Dahlgren, Virginia;CommentsClose CommentsPermalink
(16) in the item relating to Naval Support Activity, Norfolk, Virginia, by striking `$41,712,000' in the amount column and inserting `$28,462,000';CommentsClose CommentsPermalink
(17) in the item relating to Naval Air Station, Whidbey Island, Washington, by striking `$67,303,000' in the amount column and inserting `$57,653,000'; andCommentsClose CommentsPermalink
(18) in the item relating to Naval Base, Kitsap, Washington, by striking `$17,617,000' in the amount column and inserting `$13,507,000'.CommentsClose CommentsPermalink
(b) Termination of Military Family Housing Projects- Section 2204(a)(6)(A) of such Act (120 Stat. 2450) is amended by striking `$308,956,000' and inserting `$305,256,000'.CommentsClose CommentsPermalink
(c) Conforming Amendments- Section 2204(a) of such Act, as amended by subsection (b), is further amended--CommentsClose CommentsPermalink
(1) in the matter preceding paragraph (1), by striking `$2,109,367,000' and inserting `$1,946,867,000'; andCommentsClose CommentsPermalink
(2) in paragraph (1), by striking `$832,982,000' and inserting `$674,182,000'.CommentsClose CommentsPermalink
TITLE XXIII--AIR FORCE
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:CommentsClose CommentsPermalink
Air Force: Inside the United StatesCommentsClose CommentsPermalink
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State Installation or Location Amount CommentsClose CommentsPermalink
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Alaska Elmendorf Air Force Base $83,180,000 CommentsClose CommentsPermalink
Arizona Davis-Monthan Air Force Base $11,200,000 CommentsClose CommentsPermalink
Arkansas Little Rock Air Force Base $9,800,000 CommentsClose CommentsPermalink
California Travis Air Force Base $26,600,000 CommentsClose CommentsPermalink
Colorado Fort Carson $13,500,000 CommentsClose CommentsPermalink
Schriever Air Force Base $24,500,000CommentsClose CommentsPermalink
United States Air Force Academy $15,000,000CommentsClose CommentsPermalink
District of Columbia Bolling Air Force Base $2,500,000 CommentsClose CommentsPermalink
Florida Eglin Air Force Base $158,300,000 CommentsClose CommentsPermalink
MacDill Air Force Base $57,000,000CommentsClose CommentsPermalink
Patrick Air Force Base $11,854,000CommentsClose CommentsPermalink
Tyndall Air Force Base $44,114,000CommentsClose CommentsPermalink
Georgia Robins Air Force Base $14,700,000 CommentsClose CommentsPermalink
Hawaii Hickam Air Force Base $31,971,000 CommentsClose CommentsPermalink
Illinois Scott Air Force Base $24,900,000 CommentsClose CommentsPermalink
Kansas Fort Riley $12,515,000 CommentsClose CommentsPermalink
Massachusetts Hanscom Air Force Base $12,800,000 CommentsClose CommentsPermalink
Montana Malmstrom Air Force Base $7,000,000 CommentsClose CommentsPermalink
Nebraska Offutt Air Force Base $16,952,000 CommentsClose CommentsPermalink
New Mexico Cannon Air Force Base $1,688,000 CommentsClose CommentsPermalink
Kirtland Air Force Base $11,400,000CommentsClose CommentsPermalink
Nevada Nellis Air Force Base $4,950,000 CommentsClose CommentsPermalink
North Dakota Grand Forks Air Force Base $13,000,000 CommentsClose CommentsPermalink
Minot Air Force Base $18,200,000CommentsClose CommentsPermalink
Oklahoma Altus Air Force Base $2,000,000 CommentsClose CommentsPermalink
Tinker Air Force Base $34,600,000CommentsClose CommentsPermalink
Vance Air Force Base $7,700,000CommentsClose CommentsPermalink
South Carolina Charleston Air Force Base $11,000,000 CommentsClose CommentsPermalink
South Dakota Ellsworth Air Force Base $16,600,000 CommentsClose CommentsPermalink
Texas Lackland Air Force Base $14,000,000 CommentsClose CommentsPermalink
Utah Hill Air Force Base $25,999,000 CommentsClose CommentsPermalink
Wyoming Francis E. Warren Air Force Base $14,600,000 CommentsClose CommentsPermalink
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(b) Outside the United States- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:CommentsClose CommentsPermalink
Air Force: Outside the United StatesCommentsClose CommentsPermalink
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Country Installation or Location Amount CommentsClose CommentsPermalink
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Germany Ramstein Air Base $48,209,000 CommentsClose CommentsPermalink
Guam Andersen Air Force Base $10,000,000 CommentsClose CommentsPermalink
Qatar Al Udeid Air Base $22,300,000 CommentsClose CommentsPermalink
Spain Moron Air Base $1,800,000 CommentsClose CommentsPermalink
United Kingdom Royal Air Force Lakenheath $17,300,000 CommentsClose CommentsPermalink
Royal Air Force Menwith Hill Station $41,000,000CommentsClose CommentsPermalink
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(c) Unspecified Worldwide- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(3), the Secretary of the Air Force may acquire real property and carry out military construction projects for unspecified installations or locations in the amounts set forth in the following table:CommentsClose CommentsPermalink
Air Force: Unspecified WorldwideCommentsClose CommentsPermalink
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Location Installation or Location Amount CommentsClose CommentsPermalink
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Worldwide Classified Classified Project $1,500,000 CommentsClose CommentsPermalink
Classified-Special Evaluation Program $13,940,000CommentsClose CommentsPermalink
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SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation or location, in the number of units, and in the amount set forth in the following table:CommentsClose CommentsPermalink
Air Force: Family HousingCommentsClose CommentsPermalink
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State or Country Installation or Location Units Amount CommentsClose CommentsPermalink
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Germany Ramstein Air Base 117 $56,275,000 CommentsClose CommentsPermalink
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(b) Planning and Design- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of military family housing units in an amount not to exceed $12,210,000.CommentsClose CommentsPermalink
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $2,097,357,000, as follows:CommentsClose CommentsPermalink
(1) For military construction projects inside the United States authorized by section 2301(a), $754,123,000.CommentsClose CommentsPermalink
(2) For military construction projects outside the United States authorized by section 2301(b), $140,609,000.CommentsClose CommentsPermalink
(3) For the military construction projects at unspecified worldwide locations authorized by section 2301(c), $15,440,000.CommentsClose CommentsPermalink
(4) For unspecified minor military construction projects authorized by
(5) For architectural and engineering services and construction design under
(6) For military family housing functions:CommentsClose CommentsPermalink
(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $362,747,000.CommentsClose CommentsPermalink
(B) For support of military family housing (including functions described in
(7) For the construction of increment 3 of the main base runway at Edwards Air Force Base, California, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of
(8) For the construction of increment 3 of the CENTCOM Joint Intelligence Center at MacDill Air Force Base, Florida, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of
SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2007 AIR FORCE PROJECTS FOR WHICH FUNDS WERE NOT APPROPRIATED.
(a) Termination of Inside the United States Projects- The table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of
(1) in the item relating to Elmendorf, Alaska, by striking `$68,100,000' in the amount column and inserting `$56,100,000';CommentsClose CommentsPermalink
(2) in the item relating to Davis-Monthan Air Force Base, Arizona, by striking `$11,800,000' in the amount column and inserting `$4,600,000';CommentsClose CommentsPermalink
(3) by striking the item relating to Little Rock Air Force Base, Arkansas;CommentsClose CommentsPermalink
(4) in the item relating to Travis Air Force Base, California, by striking `$85,800,000' in the amount column and inserting `$73,900,000';CommentsClose CommentsPermalink
(5) by striking the item relating to Peterson Air Force Base, Colorado;CommentsClose CommentsPermalink
(6) in the item relating to Dover Air Force, Delaware, by striking `$30,400,000' in the amount column and inserting `$26,400,000';CommentsClose CommentsPermalink
(7) in the item relating to Eglin Air Force Base, Florida, by striking `$30,350,000' in the amount column and inserting `$19,350,000';CommentsClose CommentsPermalink
(8) in the item relating to Tyndall Air Force Base, Florida, by striking `$8,200,000' in the amount column and inserting `$1,800,000';CommentsClose CommentsPermalink
(9) in the item relating to Robins Air Force Base, Georgia, by striking `$59,600,000' in the amount column and inserting `$38,600,000';CommentsClose CommentsPermalink
(10) in the item relating to Scott Air Force, Illinois, by striking `$28,200,000' in the amount column and inserting `$20,000,000';CommentsClose CommentsPermalink
(11) by striking the item relating to McConnell Air Force Base, Kansas;CommentsClose CommentsPermalink
(12) by striking the item relating to Hanscom Air Force Base, Massachusetts;CommentsClose CommentsPermalink
(13) by striking the item relating to Whiteman Air Force Base, Missouri;CommentsClose CommentsPermalink
(14) by striking the item relating to Malmstrom Air Force Base, Montana;CommentsClose CommentsPermalink
(15) in the item relating to McGuire Air Force Base, New Jersey, by striking `$28,500,000' in the amount column and inserting `$15,500,000';CommentsClose CommentsPermalink
(16) by striking the item relating to Kirtland Air Force Base, New Mexico;CommentsClose CommentsPermalink
(17) by striking the item relating to Minot Air Force Base, North Dakota;CommentsClose CommentsPermalink
(18) in the item relating to Altus Air Force Base, Oklahoma, by striking `$9,500,000' in the amount column and inserting `$1,500,000';CommentsClose CommentsPermalink
(19) by striking the item relating to Tinker Air Force Base, Oklahoma;CommentsClose CommentsPermalink
(20) by striking the item relating to Charleston Air Force Base, South Carolina;CommentsClose CommentsPermalink
(21) in the item relating to Shaw Air Force Base, South Carolina, by striking `$31,500,000' in the amount column and inserting `$22,200,000';CommentsClose CommentsPermalink
(22) by striking the item relating to Ellsworth Air Force Base, South Dakota;CommentsClose CommentsPermalink
(23) by striking the item relating to Laughlin Air Force Base, Texas;CommentsClose CommentsPermalink
(24) by striking the item relating to Sheppard Air Force Base, Texas;CommentsClose CommentsPermalink
(25) in the item relating to Hill Air Force Base, Utah, by striking `$63,400,000' in the amount column and inserting `$53,400,000'; andCommentsClose CommentsPermalink
(26) by striking the item relating to Fairchild Air Force Base, Washington.CommentsClose CommentsPermalink
(b) Conforming Amendments- Section 2304(a) of such Act (120 Stat. 2455) is amended--CommentsClose CommentsPermalink
(1) in the matter preceding paragraph (1), by striking `$3,231,442,000' and inserting `$3,005,817,000'; andCommentsClose CommentsPermalink
(2) in paragraph (1), by striking `$962,286,000' and inserting `$736,661,000'.CommentsClose CommentsPermalink
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2006 PROJECT.
(a) Modification- The table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of
(b) Conforming Amendment- Section 2304(b)(4) of the Military Construction Authorization Act for Fiscal Year 2006 (119 Stat. 3496), as amended by section 2305(b) of the Military Construction Authorization Act for Fiscal Year 2007 (120 Stat. 2456), is further amended by striking `$23,300,000' and inserting `$48,300,000'.CommentsClose CommentsPermalink
SEC. 2307. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005 PROJECTS.
(a) Extension and Renewal- Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of
(b) Table- The table referred to in subsection (a) is as follows:CommentsClose CommentsPermalink
Air Force: Extension of 2005 Project AuthorizationsCommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
Installation or Location Project Amount CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
Davis-Monthan Air Force Base, Arizona Family housing (250 units) $48,500,000 CommentsClose CommentsPermalink
Vandenberg Air Force Base, California Family housing (120 units) $30,906,000 CommentsClose CommentsPermalink
MacDill Air Force Base, Florida Family housing (61 units) $21,723,000 CommentsClose CommentsPermalink
MacDill Air Force Base, Florida Housing maintenance facility $1,250,000CommentsClose CommentsPermalink
Columbus Air Force Base, Mississippi Housing management facility $711,000 CommentsClose CommentsPermalink
Whiteman Air Force Base, Missouri Family housing (160 units) $37,087,000 CommentsClose CommentsPermalink
Seymour Johnson Air Force Base, North Carolina Family housing (167 units) $32,693,000 CommentsClose CommentsPermalink
Goodfellow Air Force Base, Texas Family housing (127 units) $20,604,000 CommentsClose CommentsPermalink
Ramstein Air Base, Germany USAFE Theater Aerospace Operations Support Center $24,024,000 CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
SEC. 2308. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2004 PROJECTS.
(a) Extension- Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of
(b) Table- The table referred to in subsection (a) is as follows:CommentsClose CommentsPermalink
Air Force: Extension of 2004 Project AuthorizationsCommentsClose CommentsPermalink
-------------------------------------------------------------------------CommentsClose CommentsPermalink
Installation or Location Project Amount CommentsClose CommentsPermalink
-------------------------------------------------------------------------CommentsClose CommentsPermalink
Travis Air Force Base, California Family housing (56 units) $12,723,000 CommentsClose CommentsPermalink
Eglin Air Force Base, Florida Family housing (279 units) $32,166,000 CommentsClose CommentsPermalink
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TITLE XXIV--DEFENSE AGENCIES
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States- Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a)(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following tables:CommentsClose CommentsPermalink
Defense Education ActivityCommentsClose CommentsPermalink
----------------------------------------------------------CommentsClose CommentsPermalink
State Installation or Location Amount CommentsClose CommentsPermalink
----------------------------------------------------------CommentsClose CommentsPermalink
North Carolina Marine Corps Base, Camp Lejeune $2,014,000 CommentsClose CommentsPermalink
----------------------------------------------------------CommentsClose CommentsPermalink
Defense Intelligence AgencyCommentsClose CommentsPermalink
---------------------------------------------------------CommentsClose CommentsPermalink
State Installation or Location Amount CommentsClose CommentsPermalink
---------------------------------------------------------CommentsClose CommentsPermalink
District of Columbia Bolling Air Force Base $1,012,000 CommentsClose CommentsPermalink
---------------------------------------------------------CommentsClose CommentsPermalink
Defense Logistics AgencyCommentsClose CommentsPermalink
---------------------------------------------------------------------CommentsClose CommentsPermalink
State Installation or Location Amount CommentsClose CommentsPermalink
---------------------------------------------------------------------CommentsClose CommentsPermalink
California Port Loma Annex $140,000,000 CommentsClose CommentsPermalink
Florida Naval Air Station, Key West $1,874,000 CommentsClose CommentsPermalink
Hawaii Hickam Air Force Base $26,000,000 CommentsClose CommentsPermalink
New Mexico Kirtland Air Force Base $1,800,000 CommentsClose CommentsPermalink
Ohio Defense Supply Center Columbus $4,000,000 CommentsClose CommentsPermalink
Pennsylvania Defense Distribution Depot, New Cumberland $21,000,000 CommentsClose CommentsPermalink
Virginia Fort Belvoir $5,000,000 CommentsClose CommentsPermalink
---------------------------------------------------------------------CommentsClose CommentsPermalink
National Security AgencyCommentsClose CommentsPermalink
----------------------------------------------CommentsClose CommentsPermalink
State Installation or Location Amount CommentsClose CommentsPermalink
----------------------------------------------CommentsClose CommentsPermalink
Maryland Fort Meade $11,901,000 CommentsClose CommentsPermalink
----------------------------------------------CommentsClose CommentsPermalink
Special Operations CommandCommentsClose CommentsPermalink
----------------------------------------------------------------CommentsClose CommentsPermalink
State Installation or Location Amount CommentsClose CommentsPermalink
----------------------------------------------------------------CommentsClose CommentsPermalink
California Marine Corps Base, Camp Pendleton $20,030,000 CommentsClose CommentsPermalink
Naval Amphibious Base, Coronado $12,000,000CommentsClose CommentsPermalink
Florida Hurlburt Field $29,111,000 CommentsClose CommentsPermalink
MacDill Air Force Base $47,700,000CommentsClose CommentsPermalink
Georgia Fort Benning $35,000,000 CommentsClose CommentsPermalink
Hunter Army Air Field $13,800,000CommentsClose CommentsPermalink
Kentucky Fort Campbell $53,500,000 CommentsClose CommentsPermalink
Mississippi Stennis Space Center $10,200,000 CommentsClose CommentsPermalink
New Mexico Cannon Air Force Base $7,500,000 CommentsClose CommentsPermalink
North Carolina Fort Bragg $47,250,000 CommentsClose CommentsPermalink
Marine Corps Base, Camp Lejeune $28,210,000CommentsClose CommentsPermalink
Virginia Dam Neck $108,500,000 CommentsClose CommentsPermalink
Naval Amphibious Base, Little Creek $99,000,000CommentsClose CommentsPermalink
Washington Fort Lewis $77,000,000 CommentsClose CommentsPermalink
----------------------------------------------------------------CommentsClose CommentsPermalink
TRICARE Management ActivityCommentsClose CommentsPermalink
---------------------------------------------------CommentsClose CommentsPermalink
State Installation or Location Amount CommentsClose CommentsPermalink
---------------------------------------------------CommentsClose CommentsPermalink
Florida MacDill Air Force Base $5,000,000 CommentsClose CommentsPermalink
Illinois Naval Hospital, Great Lakes $99,000,000 CommentsClose CommentsPermalink
New York Fort Drum $41,000,000 CommentsClose CommentsPermalink
Texas Camp Bullis $7,400,000 CommentsClose CommentsPermalink
Virginia Naval Station, Norfolk $6,450,000 CommentsClose CommentsPermalink
Washington Fort Lewis $21,000,000 CommentsClose CommentsPermalink
---------------------------------------------------CommentsClose CommentsPermalink
(b) Outside the United States- Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a)(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following tables:CommentsClose CommentsPermalink
Defense Education ActivityCommentsClose CommentsPermalink
---------------------------------------------CommentsClose CommentsPermalink
Country Installation or Location Amount CommentsClose CommentsPermalink
---------------------------------------------CommentsClose CommentsPermalink
Belgium Sterrebeek $5,992,000 CommentsClose CommentsPermalink
Germany Ramstein Air Base $5,393,000 CommentsClose CommentsPermalink
Wiesbaden Air Base $20,472,000CommentsClose CommentsPermalink
---------------------------------------------CommentsClose CommentsPermalink
Special Operations CommandCommentsClose CommentsPermalink
---------------------------------------------CommentsClose CommentsPermalink
Country Installation or Location Amount CommentsClose CommentsPermalink
---------------------------------------------CommentsClose CommentsPermalink
Bahrain Southwest Asia $19,000,000 CommentsClose CommentsPermalink
Qatar Al Udeid Air Base $52,852,000 CommentsClose CommentsPermalink
---------------------------------------------CommentsClose CommentsPermalink
TRICARE Management ActivityCommentsClose CommentsPermalink
---------------------------------------------CommentsClose CommentsPermalink
Country Installation or Location Amount CommentsClose CommentsPermalink
---------------------------------------------CommentsClose CommentsPermalink
Germany Spangdahlem Air Base $30,100,000 CommentsClose CommentsPermalink
---------------------------------------------CommentsClose CommentsPermalink
(c) Unspecified Worldwide- Using the amounts appropriated pursuant to the authorization of appropriations in section 2403(a)(3), the Secretary of Defense may acquire real property and carry out military construction projects for unspecified installations or locations in the amount set forth in the following table:CommentsClose CommentsPermalink
Defense Agencies: Unspecified WorldwideCommentsClose CommentsPermalink
----------------------------------------------------------CommentsClose CommentsPermalink
Location Installation or Location Amount CommentsClose CommentsPermalink
----------------------------------------------------------CommentsClose CommentsPermalink
Worldwide Classified Classified Project $1,887,000 CommentsClose CommentsPermalink
----------------------------------------------------------CommentsClose CommentsPermalink
SEC. 2402. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a)(7), the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, in the amount of $70,000,000.CommentsClose CommentsPermalink
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $1,944,529,000 as follows:CommentsClose CommentsPermalink
(1) For military construction projects inside the United States authorized by section 2401(a), $969,152,000.CommentsClose CommentsPermalink
(2) For military construction projects outside the United States authorized by section 2401(b), $133,809,000.CommentsClose CommentsPermalink
(3) For the military construction projects at unspecified worldwide locations authorized by section 2301(c), $1,887,000.CommentsClose CommentsPermalink
(4) For unspecified minor military construction projects under
(5) For contingency construction projects of the Secretary of Defense under
(6) For architectural and engineering services and construction design under
(7) For energy conservation projects authorized by section 2402 of this Act, $70,000,000.CommentsClose CommentsPermalink
(8) For military family housing functions:CommentsClose CommentsPermalink
(A) For support of military family housing (including functions described in
(B) For credit to the Department of Defense Family Housing Improvement Fund established by
(9) For the construction of increment 3 of the regional security operations center at Kunia, Hawaii, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2006 (division B of
(10) For the construction of increment 3 of the regional security operations center at Augusta, Georgia, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2006 (division B of
(11) For the construction of increment 2 of the health clinic replacement at MacDill Air Force Base, Florida, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of
(12) For the construction of increment 2 of the replacement of the Army Medical Research Institute of Infectious Diseases at Fort Detrick, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2007 (division B of
(13) For the construction of increment 9 of a munitions demilitarization facility at Pueblo Chemical Activity, Colorado, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of
(14) For the construction of increment 8 of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of
SEC. 2404. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2007 DEFENSE AGENCIES PROJECTS.
(a) Termination of Inside the United States Projects for Which Funds Were Not Appropriated- The table relating to Special Operations Command in section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of
(1) by striking the item relating to Stennis Space Center, Mississippi; andCommentsClose CommentsPermalink
(2) in the item relating to Fort Bragg, North Carolina, by striking `$51,768,000' in the amount column and inserting `$44,868,000'.CommentsClose CommentsPermalink
(b) Modification of Authority to Carry Out Certain Base Closure and Realignment Activities- Section 2405(a)(7) of that Act (120 Stat. 2460) is amended by striking `$191,220,000' and inserting `$252,279,000'.CommentsClose CommentsPermalink
(c) Modification of Certain Inside the United States Project- Section 2405(a)(15) of that Act (120 Stat. 2461) is amended by striking `$99,157,000' and inserting `$89,157,000'.CommentsClose CommentsPermalink
(d) Conforming Amendments- Section 2405(a) of that Act, as amended by subsections (a) through (c), is further amended--CommentsClose CommentsPermalink
(1) in the matter preceding paragraph (1), by striking `$7,163,431,000' and inserting `$7,197,390,000'; andCommentsClose CommentsPermalink
(2) in paragraph (1), by striking `$533,099,000' and inserting `$515,999,000'.CommentsClose CommentsPermalink
SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005 PROJECTS.
(a) Extension and Renewal- Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of
(b) Table- The table referred to in subsection (a) is as follows:CommentsClose CommentsPermalink
Defense Wide: Extension of 2005 Project AuthorizationsCommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
Installation or Location Agency and Project Amount CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
Naval Air Station, Oceana, Virginia DLA bulk fuel storage tank $3,589,000 CommentsClose CommentsPermalink
Naval Air Station, Jacksonville, Florida TMA hospital project $28,438,000 CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for contributions by the Secretary of Defense under
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1)(A), the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations, and in the amounts, set forth in the following table:CommentsClose CommentsPermalink
Army National GuardCommentsClose CommentsPermalink
----------------------------------------------------CommentsClose CommentsPermalink
State Location Amount CommentsClose CommentsPermalink
----------------------------------------------------CommentsClose CommentsPermalink
Alabama Springville $3,300,000 CommentsClose CommentsPermalink
Arkansas Camp Robinson $23,923.000 CommentsClose CommentsPermalink
Arizona Florence $10,870,000 CommentsClose CommentsPermalink
California Sacramento Army Depot $21,000,000 CommentsClose CommentsPermalink
Camp Roberts $2,850,000CommentsClose CommentsPermalink
Connecticut Niantic $13,600,000 CommentsClose CommentsPermalink
Florida Jacksonville $12,200,000 CommentsClose CommentsPermalink
Idaho Gowen Field $7,615,000 CommentsClose CommentsPermalink
Orchard Training Area $1,700,000CommentsClose CommentsPermalink
Illinois St. Clair County $8,100,000 CommentsClose CommentsPermalink
Iowa Iowa City $13,186,000 CommentsClose CommentsPermalink
Michigan Camp Grayling $2,450,000 CommentsClose CommentsPermalink
Lansing $4,239,000CommentsClose CommentsPermalink
Minnesota Camp Ripley $4,850,000 CommentsClose CommentsPermalink
Mississippi Camp Shelby $4,000,000 CommentsClose CommentsPermalink
Missouri Whiteman Air Force Base $30,000,000 CommentsClose CommentsPermalink
North Dakota Camp Grafton $33,416,000 CommentsClose CommentsPermalink
Oregon Ontario $11,000,000 CommentsClose CommentsPermalink
Pennsylvania Carlisle $7,800,000 CommentsClose CommentsPermalink
East Fallowfield Township $8,300,000CommentsClose CommentsPermalink
Fort Indiantown Gap $9,500,000CommentsClose CommentsPermalink
Gettysburg $6,300,000CommentsClose CommentsPermalink
Graterford $7,300,000CommentsClose CommentsPermalink
Hanover $5,500,000CommentsClose CommentsPermalink
Hazelton $5,600,000CommentsClose CommentsPermalink
Holidaysburg $9,400,000CommentsClose CommentsPermalink
Huntingdon $7,500,000CommentsClose CommentsPermalink
Kutztown $6,800,000CommentsClose CommentsPermalink
Lebanon $7,800,000CommentsClose CommentsPermalink
Philadelphia $13,650,000CommentsClose CommentsPermalink
Rhode Island East Greenwich $8,200,000 CommentsClose CommentsPermalink
North Kingstown $33,000,000CommentsClose CommentsPermalink
Texas Camp Bowie $1,500,000 CommentsClose CommentsPermalink
Fort Wolters $2,100,000CommentsClose CommentsPermalink
Utah North Salt Lake $12,200,000 CommentsClose CommentsPermalink
Vermont Ethan Allen Range $1,996,000 CommentsClose CommentsPermalink
Virginia Fort Pickett $26,211,000 CommentsClose CommentsPermalink
Winchester $3,113,000CommentsClose CommentsPermalink
West Virginia Camp Dawson $4,500,000 CommentsClose CommentsPermalink
Wyoming Camp Guernsey $2,650,000 CommentsClose CommentsPermalink
----------------------------------------------------CommentsClose CommentsPermalink
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(1)(B), the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations, and in the amounts, set forth in the following table:CommentsClose CommentsPermalink
Army ReserveCommentsClose CommentsPermalink
-------------------------------------------CommentsClose CommentsPermalink
State Location Amount CommentsClose CommentsPermalink
-------------------------------------------CommentsClose CommentsPermalink
California Fort Hunter Liggett $7,035,000 CommentsClose CommentsPermalink
Garden Grove $25,440,000CommentsClose CommentsPermalink
Montana Butte $7,629,000 CommentsClose CommentsPermalink
New Jersey Fort Dix $17,000,000 CommentsClose CommentsPermalink
New York Fort Drum $15,923,000 CommentsClose CommentsPermalink
Texas Ellington Field $15,000,000 CommentsClose CommentsPermalink
Fort Worth $15,076,000CommentsClose CommentsPermalink
Wisconsin Ellsworth $9,100,000 CommentsClose CommentsPermalink
Fort McCoy $8,523,000CommentsClose CommentsPermalink
-------------------------------------------CommentsClose CommentsPermalink
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(a)(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations, and in the amounts, set forth in the following table:CommentsClose CommentsPermalink
Navy Reserve and Marine Corps ReserveCommentsClose CommentsPermalink
---------------------------------------------------------CommentsClose CommentsPermalink
State Location Amount CommentsClose CommentsPermalink
---------------------------------------------------------CommentsClose CommentsPermalink
California Miramar $5,580,000 CommentsClose CommentsPermalink
Michigan Selfridge $4,030,000 CommentsClose CommentsPermalink
Ohio Wright-Patterson Air Force Base $10,277,000 CommentsClose CommentsPermalink
Oregon Portland $1,900,000 CommentsClose CommentsPermalink
South Dakota Sioux Falls $3,730,000 CommentsClose CommentsPermalink
Texas Austin $6,490,000 CommentsClose CommentsPermalink
Fort Worth $22,514,000CommentsClose CommentsPermalink
Virginia Quantico $2,410,000 CommentsClose CommentsPermalink
---------------------------------------------------------CommentsClose CommentsPermalink
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3)(A), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations, and in the amounts, set forth in the following table:CommentsClose CommentsPermalink
Air National GuardCommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
State Location Amount CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
Colorado Buckley Air National Guard Base $7,300,000 CommentsClose CommentsPermalink
Delaware New Castle $10,800,000 CommentsClose CommentsPermalink
Georgia Savannah International Airport $9,000,000 CommentsClose CommentsPermalink
Indiana Hulman Regional Airport $7,700,000 CommentsClose CommentsPermalink
Kansas Smoky Hill Air National Guard Range $9,000,000 CommentsClose CommentsPermalink
Louisiana Camp Beauregard $1,800,000 CommentsClose CommentsPermalink
Massachusetts Otis Air National Guard Base $1,800,000 CommentsClose CommentsPermalink
New Hampshire Pease Air National Guard Base $8,900,000 CommentsClose CommentsPermalink
Nebraska Lincoln $8,900,000 CommentsClose CommentsPermalink
Nevada Reno-Tahoe International Airport $5,200,000 CommentsClose CommentsPermalink
New York Gabreski Airport $8,400,000 CommentsClose CommentsPermalink
Pennsylvania Fort Indiantown Gap $12,700,000 CommentsClose CommentsPermalink
Rhode Island Quonset State Airport $5,000,000 CommentsClose CommentsPermalink
South Dakota Joe Foss Field $7,900,000 CommentsClose CommentsPermalink
Tennessee McGhee-Tyson Airport $3,200,000 CommentsClose CommentsPermalink
Memphis International Airport $11,376,000CommentsClose CommentsPermalink
Vermont Burlington $6,600,000 CommentsClose CommentsPermalink
West Virginia Eastern West Virginia Regional Airport-Shepherd Field $50,776,000 CommentsClose CommentsPermalink
Yeager $17,300,000CommentsClose CommentsPermalink
Wisconsin Truax Field $7,300,000 CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606(3)(B), the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations, and in the amounts, set forth in the following table:CommentsClose CommentsPermalink
Air Force Reserve CommentsClose CommentsPermalink
--------------------------------------------CommentsClose CommentsPermalink
State Location Amount CommentsClose CommentsPermalink
--------------------------------------------CommentsClose CommentsPermalink
Alaska Elmendorf Air Force Base $14,950,000 CommentsClose CommentsPermalink
Utah Hill Air Force Base $3,200,000 CommentsClose CommentsPermalink
--------------------------------------------CommentsClose CommentsPermalink
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), in the following amounts:CommentsClose CommentsPermalink
(1) For the Department of the Army--CommentsClose CommentsPermalink
(A) for the Army National Guard of the United States, $458,515,000; andCommentsClose CommentsPermalink
(B) for the Army Reserve, $134,684,000.CommentsClose CommentsPermalink
(2) For the Department of the Navy, for the Navy and Marine Corps Reserve, $59,150,000.CommentsClose CommentsPermalink
(3) For the Department of the Air Force--CommentsClose CommentsPermalink
(A) for the Air National Guard of the United States, $216,417,000; andCommentsClose CommentsPermalink
(B) for the Air Force Reserve, $26,559,000.CommentsClose CommentsPermalink
SEC. 2607. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2007 GUARD AND RESERVE PROJECTS FOR WHICH FUNDS WERE NOT APPROPRIATED.
Section 2601 of the Military Construction Authorization Act for Fiscal Year 2007 (division B of
(1) in paragraph(1)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking `$561,375,000' and inserting `$476,697,000'; andCommentsClose CommentsPermalink
(B) in subparagraph (B), by striking `$190,617,000' and inserting `$167,987,000';CommentsClose CommentsPermalink
(2) in paragraph (2), by striking `49,998,000' and inserting `$43,498,000'; andCommentsClose CommentsPermalink
(3) in paragraph (3)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking `$294,283,000' and inserting `$133,983,000'; andCommentsClose CommentsPermalink
(B) in subparagraph (B), by striking `$56,836,000' and inserting `$47,436,000'.CommentsClose CommentsPermalink
SEC. 2608. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 2006 AIR FORCE RESERVE CONSTRUCTION AND ACQUISITION PROJECTS.
Section 2601(3)(B) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of
SEC. 2609. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2005 PROJECTS.
(a) Extension and Renewal- Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2005 (division B of
(b) Tables- The tables referred to in subsection (a) are as follows:CommentsClose CommentsPermalink
Army National Guard: Extension of 2005 Project AuthorizationsCommentsClose CommentsPermalink
------------------------------------------------------CommentsClose CommentsPermalink
Installation or Location Project Amount CommentsClose CommentsPermalink
------------------------------------------------------CommentsClose CommentsPermalink
Dublin, California Readiness center $11,318,000 CommentsClose CommentsPermalink
Gary, Indiana Reserve center $9,380,000 CommentsClose CommentsPermalink
------------------------------------------------------CommentsClose CommentsPermalink
Army Reserve: Extension of 2005 Project AuthorizationCommentsClose CommentsPermalink
-------------------------------------------------------------CommentsClose CommentsPermalink
Installation or Location Project Amount CommentsClose CommentsPermalink
-------------------------------------------------------------CommentsClose CommentsPermalink
Corpus Christi (Robstown), Texas Storage facility $9,038,000 CommentsClose CommentsPermalink
-------------------------------------------------------------CommentsClose CommentsPermalink
SEC. 2610. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2004 PROJECTS.
(a) Extension- Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of
(b) Table- The table referred to in subsection (a) is as follows:CommentsClose CommentsPermalink
Army National Guard: Extension of 2004 Project AuthorizationsCommentsClose CommentsPermalink
--------------------------------------------------------------------------CommentsClose CommentsPermalink
Installation or Location Project Amount CommentsClose CommentsPermalink
--------------------------------------------------------------------------CommentsClose CommentsPermalink
Albuquerque, New Mexico Readiness center $2,533,000 CommentsClose CommentsPermalink
Fort Indiantown Gap, Pennsylvania Multipurpose training range $15,338,000 CommentsClose CommentsPermalink
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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.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for base closure and realignment activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
(1) For the Department of the Army, $73,716,000.CommentsClose CommentsPermalink
(2) For the Department of the Air Force, $143,260,000.CommentsClose CommentsPermalink
(3) For the Defense Agencies, $3,713,000.CommentsClose CommentsPermalink
SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.
Using amounts appropriated pursuant to the authorization of appropriations in section 2703, the Secretary of Defense may carry out base closure and realignment activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for base closure and realignment activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
(1) For the Department of the Army, $4,015,746,000.CommentsClose CommentsPermalink
(2) For the Department of the Navy, $733,695,000.CommentsClose CommentsPermalink
(3) For the Department of the Air Force, $1,183,812,000.CommentsClose CommentsPermalink
(4) For the Defense Agencies, $2,241,062,000.CommentsClose CommentsPermalink
SEC. 2704. AUTHORIZED COST AND SCOPE OF WORK VARIATIONS.
For military construction projects carried out using amounts appropriated pursuant to the authorization of appropriations in sections 2701 and 2703 of this title and section 2405(a)(8) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Effective Date and Expiration of Authorizations
SEC. 2801. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX shall take effect on the later of--CommentsClose CommentsPermalink
(1) October 1, 2007; orCommentsClose CommentsPermalink
(2) the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 2802. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years- Except as provided in subsection (b), all authorizations contained in titles XXI through XXVI and title XXIX for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of--CommentsClose CommentsPermalink
(1) October 1, 2010; orCommentsClose CommentsPermalink
(2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2011.CommentsClose CommentsPermalink
(b) Exception- Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of--CommentsClose CommentsPermalink
(1) October 1, 2010; orCommentsClose CommentsPermalink
(2) the date of the enactment of an Act authorizing funds for fiscal year 2011 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.CommentsClose CommentsPermalink
Subtitle B--Military Construction Program and Military Family Housing Changes
SEC. 2811. GENERAL MILITARY CONSTRUCTION TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations-CommentsClose CommentsPermalink
(1) AUTHORITY- Upon a determination by the Secretary of a military department, or with respect to the Defense Agencies, the Secretary of Defense, that such action is necessary in the national interest, the Secretary concerned may transfer amounts of authorizations made available to that military department or Defense Agency in this division for fiscal year 2008 between any such authorizations for that military department or Defense Agency for that fiscal year. Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.CommentsClose CommentsPermalink
(2) AGGREGATE LIMIT- The aggregate amount of authorizations that the Secretaries concerned may transfer under the authority of this section may not exceed $200,000,000.CommentsClose CommentsPermalink
(b) Limitation- The authority provided by this section to transfer authorizations may only be used to fund increases in the cost or scope of military construction projects that have been authorized by law.CommentsClose CommentsPermalink
(c) Effect on Authorization Amounts- A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.CommentsClose CommentsPermalink
(d) Notice to Congress- The Secretary concerned shall promptly notify Congress of each transfer made by that Secretary under subsection (a).CommentsClose CommentsPermalink
SEC. 2812. MODIFICATIONS OF AUTHORITY TO LEASE MILITARY FAMILY HOUSING.
(a) Increased Maximum Lease Amount Applicable to Certain Domestic Army Family Housing Leases- Subsection (b) of
(1) in paragraph (2), by striking `paragraphs (3) and (4)' and inserting `paragraphs (3), (4), and (7)';CommentsClose CommentsPermalink
(2) in paragraph (5), by striking `paragraphs (2) and (3)' and inserting `paragraphs (2), (3), and (7)'; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(7)(A) Not more than 600 housing units may be leased by the Secretary of the Army under subsection (a) for which the expenditure for the rental of such units (including the cost of utilities, maintenance, and operation) exceeds the maximum amount per unit per year in effect under paragraph (2) but does not exceed $18,620 per unit per year, as adjusted from time to time under paragraph (5).CommentsClose CommentsPermalink
`(B) The maximum lease amount provided in subparagraph (A) shall apply only to Army family housing in areas designated by the Secretary of the Army.CommentsClose CommentsPermalink
`(C) The term of a lease under subparagraph (A) may not exceed 2 years.'.CommentsClose CommentsPermalink
(b) Increased Maximum Lease Amount Applicable to Foreign Military Family Housing Leases- Subsection (e) of such section is amended--CommentsClose CommentsPermalink
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking `(1)' and inserting `(1)(A)';CommentsClose CommentsPermalink
(B) by striking the second sentence; andCommentsClose CommentsPermalink
(C) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(B)(i) Subject to clause (ii), the maximum lease amounts in subparagraph (A) may be waived and increased up to a maximum of $100,000 per unit per year.CommentsClose CommentsPermalink
`(ii) The Secretary concerned may not exercise the waiver authority under clause (i) until the Secretary has notified the congressional defense committees of such proposed waiver and the reasons therefor and a period of 21 days has elapsed or, if over sooner, 14 days after such notice is provided in an electronic medium pursuant to section 480 of this title.';CommentsClose CommentsPermalink
(2) in paragraph (2), by striking `the Secretary of the Navy may lease not more than 2,800 units of family housing in Italy, and the Secretary of the Army may lease not more than 500 units of family housing in Italy' and inserting `the Secretaries of the military departments may lease not more than 3,300 units of family housing in Italy'; andCommentsClose CommentsPermalink
(3) in paragraph (4), by striking `$35,000' and inserting `$35,050'.CommentsClose CommentsPermalink
(c) Increased Threshold for Congressional Notification for Foreign Military Family Housing Leases- Subsection (f) of such section is amended by striking `$500,000' and inserting `$1,000,000'.CommentsClose CommentsPermalink
SEC. 2813. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECTS.
(a) Increase-
(1) by striking `$1,500,000' and inserting `$2,500,000'; andCommentsClose CommentsPermalink
(2) by striking `$3,000,000' and inserting `$4,000,000'.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by subsection (a) shall take effect on October 1, 2007.CommentsClose CommentsPermalink
SEC. 2814. MODIFICATION AND EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE UNITED STATES.
Section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of
(1) in subsection (a), by striking `2007' and inserting `2008'; andCommentsClose CommentsPermalink
(2) in subsection (c)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking `(1) The total' and inserting `The total'; andCommentsClose CommentsPermalink
(B) by striking paragraphs (2) and (3).CommentsClose CommentsPermalink
SEC. 2815. TEMPORARY AUTHORITY TO SUPPORT REVITALIZATION OF DEPARTMENT OF DEFENSE LABORATORIES THROUGH UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECTS.
(a) Laboratory Revitalization- For the revitalization and recapitalization of laboratories owned by the United States and under the jurisdiction of the Secretary concerned, the Secretary concerned may obligate and expend--CommentsClose CommentsPermalink
(1) from appropriations available to the Secretary concerned for operation and maintenance, amounts necessary to carry out an unspecified minor military construction project costing not more than $1,000,000; orCommentsClose CommentsPermalink
(2) from appropriations available to the Secretary concerned for military construction not otherwise authorized by law, amounts necessary to carry out an unspecified minor military construction project costing not more than $2,500,000.CommentsClose CommentsPermalink
(b) Fiscal Year Limitation Applicable to Individual Laboratories- For purposes of this section, the total amount allowed to be applied in any one fiscal year to projects at any one laboratory shall be limited to the larger of the amounts applicable under subsection (a).CommentsClose CommentsPermalink
(c) Laboratory Defined- In this section, the term `laboratory' includes--CommentsClose CommentsPermalink
(1) a research, engineering, and development center;CommentsClose CommentsPermalink
(2) a test and evaluation activity; andCommentsClose CommentsPermalink
(3) any buildings, structures, or facilities located at and supporting such center or activity.CommentsClose CommentsPermalink
(d) Sunset- The authority to carry out a project under this section expires on September 30, 2012.CommentsClose CommentsPermalink
SEC. 2816. TWO-YEAR EXTENSION OF TEMPORARY PROGRAM TO USE MINOR MILITARY CONSTRUCTION AUTHORITY FOR CONSTRUCTION OF CHILD DEVELOPMENT CENTERS.
(a) Extension- Subsection (e) of section 2810 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of
(b) Report Required- Subsection (d) of such section is amended to read as follows:CommentsClose CommentsPermalink
`(d) Reports Required- Not later than March 1, 2007, and March 1, 2009, the Secretary of Defense shall submit to the congressional committees reports on the program authorized by this section. Each report shall include a list and description of the construction projects carried out under the program, including the location and cost of each project.'.CommentsClose CommentsPermalink
SEC. 2817. EXTENSION OF AUTHORITY TO ACCEPT EQUALIZATION PAYMENTS FOR FACILITY EXCHANGES.
Section 2809(c)(5) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of
Subtitle C--Real Property and Facilities Administration
SEC. 2831. REQUIREMENT TO REPORT TRANSACTIONS RESULTING IN ANNUAL COSTS OF MORE THAN $750,000.
(1) by striking `or his designee' and inserting `or the Secretary's designee, or with respect to a Defense Agency, the Secretary of Defense or the Secretary's designee'; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(G) Any transaction or contract action that results in, or includes, the acquisition or use by, or the lease or license to, the United States of real property, if the estimated annual rental or cost for the use of the real property is more than $750,000.'.CommentsClose CommentsPermalink
SEC. 2832. MODIFICATION OF AUTHORITY TO LEASE NON-EXCESS PROPERTY.
(a) Increased Use of Competitive Procedures for Selection of Certain Lessees-
(b) Modification of Authorities Related to Facilities Operation Support-CommentsClose CommentsPermalink
(1) ELIMINATION OF AUTHORITY TO ACCEPT FACILITIES OPERATION SUPPORT AS IN-KIND CONSIDERATION-
(A) by striking subparagraph (D); andCommentsClose CommentsPermalink
(B) by redesignating subparagraph (E) as subparagraph (D).CommentsClose CommentsPermalink
(2) ELIMINATION OF AUTHORITY TO USE RENTAL AND CERTAIN OTHER PROCEEDS FOR FACILITIES OPERATION SUPPORT-
(c) Technical Amendments-
(1) in paragraph (1)(B)(ii), by striking `paragraph (4), (5), or (6)' and inserting `paragraph (3), (4), or (5)'; andCommentsClose CommentsPermalink
(2) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5).CommentsClose CommentsPermalink
SEC. 2833. ENHANCED FLEXIBILITY TO CREATE OR EXPAND BUFFER ZONES.
(1) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively;CommentsClose CommentsPermalink
(2) by inserting after paragraph (2) the following new paragraph:CommentsClose CommentsPermalink
`(3) Subject to the availability of appropriations for such purpose, an agreement with an eligible entity under subsection (a)(2) may provide for the management of natural resources and the contribution by the United States towards natural resource management costs on any real property in which a military department has acquired any right title or interest in accordance with paragraph (1)(A) where there is a demonstrated need to preserve or restore habitat for purposes of subsection (a)(2).'; andCommentsClose CommentsPermalink
(3) in paragraph (4)(C), as redesignated by paragraph (1), by striking `paragraph (4)' and inserting `paragraph (5), unless the Secretary concerned certifies in writing to the Committees on Armed Services of the Senate and the House of Representatives that the military value to the United States as a result of the acquisition of such property or interest in property justifies the payment of costs in excess of the fair market value of such property or interest. Such certification shall include a detailed description of the military value to be obtained in each such case. The Secretary concerned may not acquire such property or interest until 14 days after the date on which the certification is provided to the Committees or, if earlier, 10 days after the date on which a copy of such certification is provided in an electronic medium pursuant to section 480 of this title'.CommentsClose CommentsPermalink
SEC. 2834. REPORTS ON ARMY AND MARINE CORPS OPERATIONAL RANGES.
(a) Report on Utilization and Potential Expansion of Army Operational Ranges- Section 2827(c) of the Military Construction Authorization Act for Fiscal Year 2007 (division B of
(1) in paragraph (1), by striking `February 1, 2007' and inserting `December 31, 2007'; andCommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) in subparagraph (B), by amending clauses (iv) and (v) to read as follows:CommentsClose CommentsPermalink
`(iv) the proposal contained in the budget justification materials submitted in support of the Department of Defense budget for fiscal year 2008 to increase the size of the active component of the Army to 547,400 personnel by the end of fiscal year 2012; orCommentsClose CommentsPermalink
`(v) high operational tempos or surge requirements.'; andCommentsClose CommentsPermalink
(B) by adding at the end the following new subparagraphs:CommentsClose CommentsPermalink
`(F) An analysis of the cost of, potential military value of, and potential legal or practical impediments to, the expansion of the Joint Readiness Training Center at Fort Polk, Louisiana, through the acquisition of additional land adjacent to or in the vicinity of the installation that is under the control of the United States Forest Service.CommentsClose CommentsPermalink
`(G) An analysis of the impact of the proposal described in subparagraph (B)(iv) on the plan developed prior to such proposal to relocate forces from Germany to the United States and vacate installations in Germany as part of the Integrated Global Presence and Basing Strategy, including a comparative analysis of--CommentsClose CommentsPermalink
`(i) the projected utilization of the Army's three combat training centers if all of the six light infantry brigades proposed to be added to the active component of the Army would be based in the United States; andCommentsClose CommentsPermalink
`(ii) the projected utilization of such ranges if at least one of those six brigades would be based in Germany.CommentsClose CommentsPermalink
`(H) If the analysis required by subparagraph (G) indicates that the Joint Multi-National Readiness Center in Hohenfels, Germany, or the Army's training complex at Grafenwoehr, Germany, would not be fully utilized under the basing scenarios analyzed, an estimate of the cost to replicate the training capability at that center in another location.'.CommentsClose CommentsPermalink
(b) Report on Potential Expansion of Marine Corps Operational Ranges-CommentsClose CommentsPermalink
(1) REPORT REQUIRED- Not later than December 31, 2007, the Secretary of the Navy shall submit to the congressional defense committees a report containing an assessment of the operational ranges used to support training and range activities of the Marine Corps.CommentsClose CommentsPermalink
(2) CONTENT- The report required under paragraph (1) shall include the following information:CommentsClose CommentsPermalink
(A) The size, description, and mission-essential tasks supported by each major Marine Corps operational range during fiscal year 2003.CommentsClose CommentsPermalink
(B) A description of the projected changes in Marine Corps operational range requirements, including the size, characteristics, and attributes for mission-essential activities at each range and the extent to which any changes in requirements are a result of the proposal contained in the fiscal year 2008 budget request to increase the size of the active component of the Marine Corps to 202,000 personnel by the end of fiscal year 2012.CommentsClose CommentsPermalink
(C) The projected deficit or surplus of land at each major Marine Corps operational range, and a description of the Secretary's plan to address that projected deficit or surplus of land as well as the upgrade of range attributes at each existing Marine Corps operational range.CommentsClose CommentsPermalink
(D) A description of the Secretary's prioritization process and investment strategy to address the potential expansion or upgrade of Marine Corps operational ranges.CommentsClose CommentsPermalink
(E) An analysis of alternatives to the expansion of Marine Corps operational ranges, including an assessment of the joint use of operational ranges under the jurisdiction, custody, or control of the Secretary of another military department.CommentsClose CommentsPermalink
(F) An analysis of the cost of, potential military value of, and potential legal or practical impediments to, the expansion of Marine Corps Base, Twentynine Palms, California, through the acquisition of additional land adjacent to or in the vicinity of that installation that is under the control of the Bureau of Land Management.CommentsClose CommentsPermalink
(3) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
(A) The term `Marine Corps operational range' has the meaning given the term `operational range' in
(B) The term `range activities' has the meaning given that term in section 101(e)(2) of such title.CommentsClose CommentsPermalink
SEC. 2835. CONSOLIDATION OF REAL PROPERTY PROVISIONS WITHOUT SUBSTANTIVE CHANGE.
(a) Consolidation-
`(h) Options for Military Construction Projects-CommentsClose CommentsPermalink
`(1) AUTHORITY- The Secretary of a military department may acquire an option on a parcel of real property before or after its acquisition is authorized by law, if the Secretary considers it suitable and likely to be needed for a military project of the department.CommentsClose CommentsPermalink
`(2) CONSIDERATION- As consideration for an option acquired under paragraph (1), the Secretary may pay, from funds available to the department for real property activities, an amount that is not more than 12 percent of the appraised fair market value of the property.'.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) REPEAL OF SUPERSEDED AUTHORITY- Section 2677 of such title is repealed.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 159 of such title is amended by striking the item relating to section 2677.CommentsClose CommentsPermalink
Subtitle D--Base Closure and Realignment
SEC. 2841. NIAGARA AIR RESERVE BASE, NEW YORK, BASING REPORT.
Not later than December 1, 2007, the Secretary of the Air Force shall submit to the congressional defense committees a report containing a detailed plan of the current and future aviation assets that the Secretary expects will be based at Niagara Air Reserve Base, New York. The report shall include a description of all of the aviation assets that will be impacted by the series of relocations to be made to or from Niagara Air Reserve Base and the timeline for such relocations.CommentsClose CommentsPermalink
Subtitle E--Land Conveyances
SEC. 2851. LAND CONVEYANCE, LYNN HAVEN FUEL DEPOT, LYNN HAVEN, FLORIDA.
(a) Conveyance Authorized- The Secretary of the Air Force may convey to Florida State University (in this section referred to as the `University') all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 40 acres located at the Lynn Haven Fuel Depot in Lynn Haven, Florida, as a public benefit conveyance for the purpose of permitting the University to develop the property as a new satellite campus.CommentsClose CommentsPermalink
(b) Consideration-CommentsClose CommentsPermalink
(1) IN GENERAL- For the conveyance of the property under subsection (a), the University shall provide the United States with consideration in an amount that is acceptable to the Secretary, whether in the form of cash payment, in-kind consideration, or a combination thereof.CommentsClose CommentsPermalink
(2) REDUCED TUITION RATES- The Secretary may accept as in-kind consideration under paragraph (1) reduced tuition rates or scholarships for military personnel at the University.CommentsClose CommentsPermalink
(c) Payment of Costs of Conveyances-CommentsClose CommentsPermalink
(1) PAYMENT REQUIRED- The Secretary shall require the University to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, related to the conveyance. If amounts are collected from the University in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the University.CommentsClose CommentsPermalink
(2) TREATMENT OF AMOUNTS RECEIVED- Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.CommentsClose CommentsPermalink
(d) Reversionary Interest- If the Secretary determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to all or any portion of the property shall revert, at the option of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing.CommentsClose CommentsPermalink
(e) Description of Property- The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.CommentsClose CommentsPermalink
(f) Additional Term and Conditions- The Secretary may require such additional terms and conditions in connection with the conveyance under subsections (a) as the Secretary considers appropriate to protect the interests of the United States.CommentsClose CommentsPermalink
SEC. 2852. MODIFICATION TO LAND CONVEYANCE AUTHORITY, FORT BRAGG, NORTH CAROLINA.
(a) Requirement To Convey Tract No. 404-1 Property Without Consideration- Section 2836 of the Military Construction Authorization Act for Fiscal Year 1998 (111 Stat. 2005) is amended--CommentsClose CommentsPermalink
(1) in subsection (a)(3), by striking `at fair market value' and inserting `without consideration';CommentsClose CommentsPermalink
(2) by amending subsection (b)(2) to read as follows:CommentsClose CommentsPermalink
`(2) The conveyances under paragraphs (2) and (3) of subsection (a) shall be subject to the condition that the County develop and use the conveyed properties for educational purposes and the construction of public school structures.'; andCommentsClose CommentsPermalink
(3) by amending subsection (c)(2) to read as follows:CommentsClose CommentsPermalink
`(2) If the Secretary determines at any time that the real property conveyed under paragraph (2) or paragraph (3) of subsection (a) is not being used in accordance with subsection (b)(2), all right, title, and interest in and to the property conveyed under such paragraph, including any improvements thereon, shall revert to the United States, and the United States shall have the right of immediate entry thereon.'.CommentsClose CommentsPermalink
(b) Payment of Costs of Conveyance- Such section is further amended by inserting at the end the following new subsection:CommentsClose CommentsPermalink
`(f) Payment of Costs of Conveyance of Tract No. 404-1 Property-CommentsClose CommentsPermalink
`(1) PAYMENT REQUIRED- The Secretary shall require the County to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a)(3), including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the County in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the County.CommentsClose CommentsPermalink
`(2) TREATMENT OF AMOUNTS RECEIVED- Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.'.CommentsClose CommentsPermalink
SEC. 2853. TRANSFER OF ADMINISTRATIVE JURISDICTION, GSA PROPERTY, SPRINGFIELD, VIRGINIA.
(a) Transfer Authorized- The Administrator of General Services (in this section referred to as `the Administrator') may transfer to the administrative jurisdiction of the Secretary of the Army a parcel of real property consisting of approximately 69.5 acres and containing warehouse facilities in Springfield, Virginia, known as the `GSA Property' for the purpose of permitting the Secretary to construct facilities on the property to support administrative functions to be located at Fort Belvoir, Virginia.CommentsClose CommentsPermalink
(b) Consideration-CommentsClose CommentsPermalink
(1) IN GENERAL- As consideration for the property to be transferred by the Administrator, the Secretary of the Army shall--CommentsClose CommentsPermalink
(A) pay all reasonable costs to move furnishings, equipment, and other material related to the relocation of functions identified by the Administrator;CommentsClose CommentsPermalink
(B) if deemed necessary by the Administrator, transfer to the administrative jurisdiction of the Administrator a parcel of property in the National Capital Region determined to be suitable to the Administrator;CommentsClose CommentsPermalink
(C) if deemed necessary by the Administrator, design and construct storage facilities, utilities, security measures, and access to a road infrastructure on the parcel to meet the requirements of the Administrator; andCommentsClose CommentsPermalink
(D) if deemed necessary by the Administrator, enter into a memorandum of agreement with the Administrator for support services and security at the new facilities constructed pursuant to subsection (a).CommentsClose CommentsPermalink
(2) FAIR MARKET VALUE LIMITATION- The consideration provided by the Secretary under paragraph (1) may not exceed the fair market value of the property transferred by the Administrator under subsection (a).CommentsClose CommentsPermalink
(c) Administration of Transferred Property- Upon completion of the transfer under subsection (a), the transferred property shall be administered by the Secretary as a part of Fort Belvoir, Virginia.CommentsClose CommentsPermalink
(d) Description of Property- The exact acreage and legal description of the property or properties to be conveyed under this section shall be determined by surveys satisfactory to the Administrator and the Secretary.CommentsClose CommentsPermalink
(e) Status Report- Not later than November 30, 2007, the Administrator and the Secretary shall jointly submit to the congressional defense committees a report on the status and estimated costs of the transfer under subsection (a).CommentsClose CommentsPermalink
Subtitle F--Other Matters
SEC. 2861. REPORT ON CONDITION OF SCHOOLS UNDER JURISDICTION OF DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.
(a) Report Required- Not later than March 1, 2008, the Secretary of Defense shall submit to the congressional defense committees a report on the conditions of schools under the jurisdiction of the Department of Defense Education Activity.CommentsClose CommentsPermalink
(b) Content- The report required under subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) A description of each school under the control of the Secretary, including the location, year constructed, grades of attending children, maximum capacity, and current capacity of the school.CommentsClose CommentsPermalink
(2) A description of the standards and processes used by the Secretary to assess the adequacy of the size of school facilities, the ability of facilities to support school programs, and the current condition of facilities.CommentsClose CommentsPermalink
(3) A description of the conditions of the facility or facilities at each school, including the level of compliance with the standards described in paragraph (2), any existing or projected facility deficiencies or inadequate conditions at each facility, and whether any of the facilities listed are temporary structures.CommentsClose CommentsPermalink
(4) An investment strategy planned for each school to correct deficiencies identified in paragraph (3), including a description of each project to correct such deficiencies, cost estimates, and timelines to complete each project.CommentsClose CommentsPermalink
(5) A description of requirements for new schools to be constructed over the next 10 years as a result of changes to the population of military personnel.CommentsClose CommentsPermalink
(c) Use of Report as Master Plan for Repair, Upgrade, and Construction of Schools- The Secretary shall use the report required under subsection (a) as a master plan for the repair, upgrade, and construction of schools in the Department of Defense system that support dependants of members of the Armed Forces and civilian employees of the Department of Defense.CommentsClose CommentsPermalink
SEC. 2862. REPEAL OF REQUIREMENT FOR STUDY AND REPORT ON IMPACT TO MILITARY READINESS OF PROPOSED LAND MANAGEMENT CHANGES ON PUBLIC LANDS IN UTAH.
Section 2815 of the National Defense Authorization Act for Fiscal Year 2000 (
SEC. 2863. ADDITIONAL PROJECT IN RHODE ISLAND.
In carrying out section 2866 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
TITLE XXIX--WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2901. AUTHORIZED WAR-RELATED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2902(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts set forth in the following table:CommentsClose CommentsPermalink
Army: Outside the United StatesCommentsClose CommentsPermalink
-------------------------------------------------CommentsClose CommentsPermalink
Country Installation or Location Amount CommentsClose CommentsPermalink
-------------------------------------------------CommentsClose CommentsPermalink
Afghanistan Bagram Air Base 116,800,000 CommentsClose CommentsPermalink
Iraq Camp Adder 80,650,000 CommentsClose CommentsPermalink
Al Asad 86,100,000CommentsClose CommentsPermalink
Camp Anaconda 88,200,000CommentsClose CommentsPermalink
Fallujah 880,000CommentsClose CommentsPermalink
Camp Marez 880,000CommentsClose CommentsPermalink
Mosul 43,000,000CommentsClose CommentsPermalink
Q-West 26,000,000CommentsClose CommentsPermalink
Camp Ramadi 880,000CommentsClose CommentsPermalink
Scania 5,000,000CommentsClose CommentsPermalink
Camp Speicher 103,700,00CommentsClose CommentsPermalink
Camp Taqqadum 880,000CommentsClose CommentsPermalink
Tikrit 43,000,000CommentsClose CommentsPermalink
Camp Victory 34,400,000CommentsClose CommentsPermalink
Camp Warrior 880,000CommentsClose CommentsPermalink
Various Locations 102,000,000CommentsClose CommentsPermalink
-------------------------------------------------CommentsClose CommentsPermalink
SEC. 2902. AUTHORIZATION OF WAR-RELATED MILITARY CONSTRUCTION APPROPRIATIONS, ARMY.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2007, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $752,650,000 as follows:CommentsClose CommentsPermalink
(1) For military construction projects outside the United States authorized by section 2901(a), $733,250,000.CommentsClose CommentsPermalink
(2) For architectural and engineering services and construction design under
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.
(a) Authorization of Appropriations- Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2008 for the activities of the National Nuclear Security Administration in carrying out programs necessary for national security in the amount of $9,539,693,000, to be allocated as follows:CommentsClose CommentsPermalink
(1) For weapons activities, $6,472,172,000.CommentsClose CommentsPermalink
(2) For defense nuclear nonproliferation activities, $1,809,646,000.CommentsClose CommentsPermalink
(3) For naval reactors, $808,219,000.CommentsClose CommentsPermalink
(4) For the Office of the Administrator for Nuclear Security, $399,656,000.CommentsClose CommentsPermalink
(5) For the International Atomic Energy Agency Nuclear Fuel Bank, $50,000,000.CommentsClose CommentsPermalink
(b) Authorization of New Plant Projects- From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows:CommentsClose CommentsPermalink
(1) For readiness in technical base and facilities, the following new plant projects:CommentsClose CommentsPermalink
Project 08-D-801, High pressure fire loop, Pantex Plant, Amarillo, Texas, $7,000,000.CommentsClose CommentsPermalink
Project 08-D-802, High explosive pressing facility, Pantex Plant, Amarillo, Texas, $25,300,000.CommentsClose CommentsPermalink
Project 08-D-804, Technical Area 55 reinvestment project, Los Alamos National Laboratory, Los Alamos, New Mexico, $6,000,000.CommentsClose CommentsPermalink
(2) For facilities and infrastructure recapitalization, the following new plant projects:CommentsClose CommentsPermalink
Project 08-D-601, Mercury highway, Nevada Test Site, Nevada, $7,800,000.CommentsClose CommentsPermalink
Project 08-D-602, Potable water system upgrades, Y-12 Plant, Oak Ridge, Tennessee, $22,500,000.CommentsClose CommentsPermalink
(3) For safeguards and security, the following new plant project:CommentsClose CommentsPermalink
Project 08-D-701, Nuclear materials safeguards and security upgrade, Los Alamos National Laboratory, Los Alamos, New Mexico, $49,496,000.CommentsClose CommentsPermalink
(4) For naval reactors, the following new plant projects:CommentsClose CommentsPermalink
Project 08-D-901, Shipping and receiving and warehouse complex, Bettis Atomic Power Laboratory, West Mifflin, Pennsylvania, $9,000,000.CommentsClose CommentsPermalink
Project 08-D-190, Project engineering and design, Expended Core Facility M-290 Recovering Discharge Station, Naval Reactors Facility, Idaho Falls, Idaho, $550,000.CommentsClose CommentsPermalink
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations- Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2008 for defense environmental cleanup activities in carrying out programs necessary for national security in the amount of $5,410,905,000.CommentsClose CommentsPermalink
(b) Authorization for New Plant Project- From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant project:CommentsClose CommentsPermalink
Project 08-D-414, Project engineering and design, Plutonium Vitrification Facility, various locations, $15,000,000.CommentsClose CommentsPermalink
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2008 for other defense activities in carrying out programs necessary for national security in the amount of $663,074,000.CommentsClose CommentsPermalink
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2008 for defense nuclear waste disposal for payment to the Nuclear Waste Fund established in section 302(c) of the Nuclear Waste Policy Act of 1982 (
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM.
(a) Limitation on Availability of Funds- Of the amount authorized to be appropriated under section 3101(a)(1) for weapons activities for fiscal year 2008, not more than $195,069,000 may be obligated or expended for the Reliable Replacement Warhead program under section 4204a of the Atomic Energy Defense Act (
(b) Prohibition on Availability of Funds for Certain Activities- No funds referred to in subsection (a) may be obligated or expended for activities under the Reliable Replacement Warhead program beyond phase 2A activities.CommentsClose CommentsPermalink
SEC. 3112. LIMITATION ON AVAILABILITY OF FUNDS FOR FISSILE MATERIALS DISPOSITION PROGRAM.
(a) Limitation Pending Report on Use of Prior Fiscal Year Funds- No fiscal year 2008 Fissile Materials Disposition program funds may be obligated or expended for the Fissile Materials Disposition program until the Secretary of Energy, in consultation with the Administrator for Nuclear Security, submits to the congressional defense committees a report setting forth a plan for obligating and expending funds made available for that program in fiscal years before fiscal year 2008 that remain available for obligation or expenditure as of October 1, 2007.CommentsClose CommentsPermalink
(b) Limitation Pending Certification on Use of Current Fiscal Year Funds-CommentsClose CommentsPermalink
(1) IN GENERAL- Within fiscal year 2008 Fissile Materials Disposition program funds, the aggregate amount that may be obligated for the Fissile Materials Disposition program may not exceed such amount as the Secretary, in consultation with the Administrator, certifies to the congressional defense committees will be obligated for that program in fiscal years 2008 and 2009.CommentsClose CommentsPermalink
(2) AVAILABILITY OF UNUTILIZED FUNDS ABSENT CERTIFICATION- If the Secretary does not make a certification under paragraph (1), fiscal year 2008 Fissile Materials Disposition program funds shall not be available for the Fissile Materials Disposition program, but shall be available instead for any defense nuclear nonproliferation activities (other than the Fissile Materials Disposition program) for which amounts are authorized to be appropriated by section 3101(a)(2).CommentsClose CommentsPermalink
(3) AVAILABILITY OF UNUTILIZED FUNDS UNDER CERTIFICATION OF PARTIAL USE- If the aggregate amount of funds certified under paragraph (1) as to be obligated for the Fissile Materials Disposition program in fiscal years 2008 and 2009 is less than the amount of the fiscal year 2008 Fissile Materials Disposition program funds, an amount within fiscal year 2008 Fissile Materials Disposition program funds that is equal to the difference between the amount of fiscal year 2008 Fissile Materials Disposition program funds and such aggregate amount shall not be available for the Fissile Materials Disposition program, but shall be available instead for any defense nuclear nonproliferation activities (other than the Fissile Materials Disposition program) for which amounts are authorized to be appropriated by section 3101(a)(2).CommentsClose CommentsPermalink
(c) Fiscal Year 2008 Fissile Materials Disposition Program Funds Defined- In this section, the term `fiscal year 2008 Fissile Materials Disposition program funds' means amounts authorized to be appropriated by section 3101(a)(2) and available for the Fissile Materials Disposition program.CommentsClose CommentsPermalink
SEC. 3113. MODIFICATION OF LIMITATIONS ON AVAILABILITY OF FUNDS FOR WASTE TREATMENT AND IMMOBILIZATION PLANT.
Paragraph (2) of section 3120(a) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(1) by striking `the Defense Contract Management Agency has recommended for acceptance' and inserting `an independent entity has reviewed'; andCommentsClose CommentsPermalink
(2) by inserting `and that the system has been certified by the Secretary for use by a construction contractor at the Waste Treatment and Immobilization Plant' after `Waste Treatment and Immobilization Plant'.CommentsClose CommentsPermalink
Subtitle C--Other Matters
SEC. 3121. NUCLEAR TEST READINESS.
(a) Repeal of Requirements on Readiness Posture- Section 3113 of the National Defense Authorization Act for Fiscal Year 2004 (
(b) Reports on Nuclear Test Readiness Postures-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 4208 of the Atomic Energy Defense Act (
`SEC. 4208. REPORTS ON NUCLEAR TEST READINESS.
`(a) In General- Not later than March 1, 2009, and every odd-numbered year thereafter, the Secretary of Energy shall submit to the congressional defense committees a report on the nuclear test readiness of the United States.CommentsClose CommentsPermalink
`(b) Elements- Each report under subsection (a) shall include, current as of the date of such report, the following:CommentsClose CommentsPermalink
`(1) An estimate of the period of time that would be necessary for the Secretary of Energy to conduct an underground test of a nuclear weapon once directed by the President to conduct such a test.CommentsClose CommentsPermalink
`(2) A description of the level of test readiness that the Secretary of Energy, in consultation with the Secretary of Defense, determines to be appropriate.CommentsClose CommentsPermalink
`(3) A list and description of the workforce skills and capabilities that are essential to carrying out an underground nuclear test at the Nevada Test Site.CommentsClose CommentsPermalink
`(4) A list and description of the infrastructure and physical plant that are essential to carrying out an underground nuclear test at the Nevada Test Site.CommentsClose CommentsPermalink
`(5) An assessment of the readiness status of the skills and capabilities described in paragraph (3) and the infrastructure and physical plant described in paragraph (4).CommentsClose CommentsPermalink
`(c) Form- Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The item relating to section 4208 in the table of contents for such Act is amended to read as follows:CommentsClose CommentsPermalink
`Sec. 4208. Reports on nuclear test readiness.'.CommentsClose CommentsPermalink
SEC. 3122. SENSE OF CONGRESS ON THE NUCLEAR NONPROLIFERATION POLICY OF THE UNITED STATES AND THE RELIABLE REPLACEMENT WARHEAD PROGRAM.
It is the sense of Congress that--CommentsClose CommentsPermalink
(1) the United States should reaffirm its commitment to Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (in this section referred to as the `Nuclear Non-Proliferation Treaty');CommentsClose CommentsPermalink
(2) the United States should initiate talks with Russia to reduce the number of nonstrategic nuclear weapons and further reduce the number of strategic nuclear weapons in the respective nuclear weapons stockpiles of the United States and Russia in a transparent and verifiable fashion and in a manner consistent with the security of the United States;CommentsClose CommentsPermalink
(3) the United States and other declared nuclear weapons state parties to the Nuclear Non-Proliferation Treaty, together with weapons states that are not parties to the treaty, should work to reduce the total number of nuclear weapons in the respective stockpiles and related delivery systems of such states;CommentsClose CommentsPermalink
(4) the United States, Russia, and other states should work to negotiate, and then sign and ratify, a treaty setting forth a date for the cessation of the production of fissile material;CommentsClose CommentsPermalink
(5) the Senate should ratify the Comprehensive Nuclear-Test-Ban Treaty, opened for signature at New York September 10, 1996;CommentsClose CommentsPermalink
(6) the United States should commit to dismantle as soon as possible all retired warheads or warheads that are planned to be retired from the United States nuclear weapons stockpile;CommentsClose CommentsPermalink
(7) the United States, along with the other declared nuclear weapons state parties to the Nuclear Non-Proliferation Treaty, should participate in transparent discussions regarding their nuclear weapons programs and plans, and how such programs and plans, including plans for any new weapons or warheads, relate to their obligations as nuclear weapons state parties under the Treaty;CommentsClose CommentsPermalink
(8) the United States and the declared nuclear weapons state parties to the Nuclear Non-Proliferation Treaty should work to decrease reliance on, and the importance of, nuclear weapons; andCommentsClose CommentsPermalink
(9) the United States should formulate any decision on whether to manufacture or deploy a reliable replacement warhead within the broader context of the progress made by the United States toward achieving each of the goals described in paragraphs (1) through (8).CommentsClose CommentsPermalink
SEC. 3123. REPORT ON STATUS OF ENVIRONMENTAL MANAGEMENT INITIATIVES TO ACCELERATE THE REDUCTION OF ENVIRONMENTAL RISKS AND CHALLENGES POSED BY THE LEGACY OF THE COLD WAR.
(a) In General- On the date described in subsection (d), the Secretary of Energy shall submit to the congressional defense committees and the Comptroller General of the United States a report on the status of the environmental management initiatives described in subsection (c) undertaken to accelerate the reduction of the environmental risks and challenges that, as a result of the legacy of the Cold War, are faced by the Department of Energy, contractors of the Department, and applicable Federal and State agencies with regulatory jurisdiction.CommentsClose CommentsPermalink
(b) Elements- The report required by subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) A discussion of the progress made in reducing the environmental risks and challenges described in subsection (a) in each of the following areas:CommentsClose CommentsPermalink
(A) Acquisition strategy and contract management.CommentsClose CommentsPermalink
(B) Regulatory agreements.CommentsClose CommentsPermalink
(C) Interim storage and final disposal of high-level waste, spent nuclear fuel, transuranic waste, and low-level waste.CommentsClose CommentsPermalink
(D) Closure and transfer of environmental remediation sites.CommentsClose CommentsPermalink
(E) Achievements in innovation by contractors of the Department with respect to accelerated risk reduction and cleanup.CommentsClose CommentsPermalink
(F) Consolidation of special nuclear materials and improvements in safeguards and security.CommentsClose CommentsPermalink
(2) An assessment of the progress made in streamlining risk reduction processes of the environmental management program of the Department.CommentsClose CommentsPermalink
(3) An assessment of the progress made in improving the responsiveness and effectiveness of the environmental management program of the Department.CommentsClose CommentsPermalink
(4) Any proposals for legislation that the Secretary considers necessary to carry out the environmental management initiatives described in subsection (c) and the justification for each such proposal.CommentsClose CommentsPermalink
(5) A list of the mandatory milestones and commitments set forth in each enforceable cleanup agreement or other type of agreement covering or applicable to environmental management and cleanup activities at any site of the Department, the status of the efforts of the Department to meet such milestones and commitments, and if the Secretary determines that the Department will be unable to achieve any such milestone or commitment, a statement setting forth the reasons the Department will be unable to achieve such milestone or commitment.CommentsClose CommentsPermalink
(6) An estimate of the life cycle cost of the environmental management program, including the following:CommentsClose CommentsPermalink
(A) A list of the environmental projects being reviewed for potential inclusion in the environmental management program as of October 1, 2007, and an estimated date by which a determination will be made to include or exclude each such project.CommentsClose CommentsPermalink
(B) A list of environmental projects not being considered for potential inclusion in the environmental management program as of October 1, 2007, but that are likely to be included in the next five years, and an estimated date by which a determination will be made to include or exclude each such project.CommentsClose CommentsPermalink
(C) A list of projects in the environmental management program as of October 1, 2007, for which an audit of the cost estimate of the project has been completed, and the estimated date by which such an audit will be completed for each such project for which such an audit has not been completed.CommentsClose CommentsPermalink
(D) The estimated schedule for production of a revised life cycle cost estimate for the environmental management program incorporating the information described in subparagraphs (A), (B), and (C).CommentsClose CommentsPermalink
(c) Initiatives Described- The environmental management initiatives described in this subsection are the initiatives arising out of the report titled `Top-to-Bottom Review of the Environmental Management Program' and dated February 4, 2002, with respect to the environmental restoration and waste management activities of the Department in carrying out programs necessary for national security.CommentsClose CommentsPermalink
(d) Date of Submittal- The date described in this subsection is the date on which the budget justification materials in support of the Department of Energy budget for fiscal year 2009 (as submitted with the budget of the President under
(e) Review by Comptroller General- Not later than 180 days after the date described in subsection (d), the Comptroller General shall submit to the congressional defense committees a report containing a review of the report required by subsection (a).CommentsClose CommentsPermalink
SEC. 3124. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF ENERGY PROTECTIVE FORCE MANAGEMENT.
(a) In General- Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the management of the protective forces of the Department of Energy.CommentsClose CommentsPermalink
(b) Contents- The report shall include the following:CommentsClose CommentsPermalink
(1) A description of the management and contractual structure for protective forces at each Department of Energy site with Category I nuclear materials.CommentsClose CommentsPermalink
(2) A statement of the number and category of protective force members at each site described in paragraph (1) and an assessment of whether the protective force at each such site is adequately staffed, trained, and equipped to comply with the requirements of the Design Basis Threat issued by the Department of Energy in November 2005.CommentsClose CommentsPermalink
(3) A description of the manner in which each site described in paragraph (1) is moving to a tactical response force as required by the policy of the Department of Energy and an assessment of the issues or problems, if any, involved in the moving to a tactical response force at such site.CommentsClose CommentsPermalink
(4) A description of the extent to which the protective force at each site described in paragraph (1) has been assigned or is responsible for law enforcement or law-enforcement related activities.CommentsClose CommentsPermalink
(5) An analysis comparing the management, training, pay, benefits, duties, responsibilities, and assignments of the protective force at each site described in paragraph (1) with the management, training, pay, benefits, duties, responsibilities, and assignments of the Federal transportation security force of the Department of Energy.CommentsClose CommentsPermalink
(6) A statement of options for managing the protective force at sites described in paragraph (1) in a more uniform manner, an analysis of the advantages and disadvantages of each option, and an assessment of the approximate cost of each option when compared with the costs associated with the existing management of the protective force at such sites.CommentsClose CommentsPermalink
(c) Form- The report shall be submitted in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink
SEC. 3125. TECHNICAL AMENDMENTS.
The Atomic Energy Defense Act (
(1) The heading of section 4204a (
`SEC. 4204A. RELIABLE REPLACEMENT WARHEAD PROGRAM.'.
(2) The table of contents for that Act is amended by inserting after the item relating to section 4204 the following new item:CommentsClose CommentsPermalink
`Sec. 4204A. Reliable Replacement Warhead program.'.CommentsClose CommentsPermalink
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2008, $27,499,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (
Calendar No. 260185CommentsClose CommentsPermalink
To authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.CommentsClose CommentsPermalink
June 29, 2007Reported with amendments 5, 2007
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